Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, 45058-45072 [2010-18803]

Download as PDF 45058 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations it addresses New York’s request in a separate proposed action. Transportation conformity is required by section 176(c) of the Clean Air Act. EPA’s conformity rule requires that transportation plans, programs, and projects conform to SIPs and establishes the criteria and procedures for determining whether they conform. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the National Ambient Air Quality Standards. The criteria by which we determine whether a SIP’s motor vehicle emission budgets are adequate for conformity purposes are specified in 40 CFR 93.118(e)(4). Please note that an adequacy review is separate from EPA’s completeness review, and it also should not be used to prejudge EPA’s ultimate approval of the SIP. Even if we find a budget adequate, the SIP could later be disapproved. EPA has described its process for determining the adequacy of submitted SIP budgets in 40 CFR 93.118(f). EPA has followed this rule in making these adequacy determinations. The motor vehicle emissions budgets being found adequate today are listed in Table 1. TABLE 1—8-HOUR OZONE MOTOR VEHICLE EMISSIONS BUDGETS FOR NEW YORK STATE [Tons per day] 2008 2009 Nonattainment Area NOX New York Portions of New York-Northern New Jersey-Long Island, NY–NJ– CT (NYMTC excluding Putnam County) ...................................................... Poughkeepsie, NY (PDCTC, OCTC, NYMTC Putnam County only) .............. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401–7671 q. Dated: July 20, 2010. Judith A. Enck, Regional Administrator, Region 2. [FR Doc. 2010–18921 Filed 7–30–10; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2, 25, and 27 [WT Docket No. 07–293; IB Docket No. 95– 91; GEN Docket No. 90–357; RM–8610; FCC 10–82] Operation of Wireless Communications Services in the 2.3 GHz Band; Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310–2360 MHz Frequency Band Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Commission amends its rules to enable the deployment of mobile broadband services in the Wireless Communications Services (WCS) while limiting the potential for harmful interference to satellite radio users, aeronautical mobile telemetry (AMT) operations, and the Deep Space Network (DSN) research facility in Goldstone, erowe on DSK5CLS3C1PROD with RULES SUMMARY: VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 211.77 32.32 CA. In addition, the Commission establishes enhanced performance requirements to ensure that WCS licensees use the spectrum intensively in the public interest. The Commission also adopts technical rules governing the operation of Satellite Digital Audio Radio Service (SDARS) terrestrial repeaters that will not constrain their function or deployment but will limit the potential for interference to adjacent-band WCS spectrum users, a blanket licensing regime for repeaters operating up to 12 kilowatts (kW) average equivalent isotropically radiated power (EIRP) that will facilitate their deployment, and rules that will ensure that SDARS repeaters remain truly complementary to a satellite-based service and are not used to transmit local programming or advertising. DATES: Effective September 1, 2010, except for amendments to §§ 25.144(e)(3), 25.144(e)(8), 25.144(e)(9), 25.263(b), 25.263(c), 27.14(p)(7), 27.72(b), 27.72(c), 27.73(a), and 27.73(b), which contain information collection requirements that are not effective until approved by the Office of Management and Budget. The Commission will publish a document in the Federal Register announcing the effective dates for those sections. FOR FURTHER INFORMATION CONTACT: WCS technical information: Thomas Derenge, Thomas.Derenge@fcc.gov, Mobility Division, Wireless Telecommunications Bureau, (202) 418– 2451. WCS legal information: Richard Arsenault, Richard.Arsenault@fcc.gov, Mobility Division, Wireless Telecommunications Bureau, (202) 418– 0920. SDARS technical information: Chip Fleming, Chip.Fleming@fcc.gov, Engineering Branch, Satellite Division, PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 VOC 148.85 19.22 NOX n/a 29.77 VOC n/a 17.63 International Bureau, (202) 418–1247. SDARS legal information: Stephen Duall, Stephen.Duall@fcc.gov, Policy Branch, Satellite Division, International Bureau, (202) 418–1103. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Richard Arsenault at (202) 418–0920, or via the Internet at Richard.Arsenault@fcc.gov and Stephen Duall at (202) 418–1103, or via the Internet at Stephen.Duall@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order and Second Report and Order, WT Docket No. 07–293, IB Docket No. 95–91, GEN Docket No. 90– 357, RM–8610, FCC 10–82, adopted and released on May 20, 2010. The full text of this document is available on the Commission’s Internet site at www.fcc.gov. It is also available for inspection and copying during regular business hours in the FCC Reference Center (Room CY–A257), 445 12th Street, SW., Washington, DC 20554. The full text of this document also may be purchased from the Commission’s duplication contractor, Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY–B402, Washington, DC 20554; telephone (202) 488–5300; fax (202) 488–5563; e-mail FCC@BCPIWEB.COM. Paperwork Reduction Act of 1995 Analysis This document adopts new or revised information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13 (44 U.S.C. 3501–3520). The requirements will be submitted to the Office of Management and Budget (OMB) for E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES review under section 3507(d) of the PRA. The Commission will publish a separate notice in the Federal Register inviting comment on the new or revised information collection requirements adopted herein. The requirements will not go into effect until OMB has approved them and the FCC has published a notice announcing the effective date of the information collection requirements. In addition, we note 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.’’ In this present document, we have assessed the potential effects of the various policy changes with regard to information collection burdens on small business concerns, and find that these requirements will benefit WCS licensees with fewer than 25 employees. In addition, we have described impacts that might affect small businesses, including most businesses with fewer than 25 employees, in the Final Regulatory Flexibility Analysis (FRFA) below. Summary of the Report and Order 1. The current part 27 rules effectively preclude Wireless Communications Services (WCS) licensees from providing mobile broadband services, and the current part 25 rules do not provide technical rules or a licensing regime for SDARS terrestrial repeaters, which are currently authorized pursuant to grants of special temporary authority on a non-interference basis. In the Report and Order in WT Docket No. 07– 293, the Commission adopted final rules for the WCS that will modify the technical rules governing the operation of WCS mobile and portable devices and thereby provide WCS licensees with the ability to offer mobile broadband services, while limiting the potential for harmful interference to incumbent services operating in adjacent bands. In the Second Report and Order in IB Docket No. 95–91, the Commission adopted technical rules governing the operation of SDARS terrestrial repeaters that will not impede their deployment or function, but will limit the potential for harmful interference to adjacent bands’ WCS spectrum users, and adopted a blanket-licensing regime for SDARS repeaters to promote their flexible deployment. 2. Specifically, the Report and Order adopted in WT Docket No. 07–293 establishes a regulatory framework for the co-existence of SDARS and WCS VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 licensees in the 2305–2360 MHz (2.3 GHz) frequency band. The Report and Order modified the rules governing WCS operations to allow the operation of mobile and portable stations at power levels of up to 250 milliwatts (mW) average equivalent isotropically radiated power (EIRP) per 5 megahertz in WCS Blocks A and B and in the portions of WCS Blocks C and D that are separated by 2.5 megahertz from the edges of the SDARS band at 2320–2345 MHz (i.e., 2305–2317.5 and 2347.5–2360 MHz). WCS mobile and portable devices are not permitted to operate in the 2.5megahertz portions of the WCS C and D blocks closest to the SDARS band (i.e., 2317.5–2320 and 2345–2347.5 MHz). WCS mobile and portable devices using time division duplex (TDD) technology are limited to a duty cycle of 38 percent. WCS mobile and portable devices using frequency division duplex (FDD) technology are limited to a duty cycle of 25 percent in the lower WCS A and B blocks and 12.5 percent in the 2.5megahertz portion of the WCS C block furthest from the SDARS band edge, and are restricted to transmitting in the 2305–2317.5 MHz band. Fixed WCS customer premises equipment (CPE) devices are limited to a peak EIRP of 20 watts per 5 megahertz. WCS mobile, portable, and fixed CPE devices must also employ automatic transmit power control (ATPC) when operating so the devices use the minimum power necessary for successful communications. 3. Additionally, under the new rules adopted in the Report and Order, for WCS mobile and portable devices, and fixed WCS CPE devices operating with an average EIRP of 2 watts per 5 megahertz or less, the out-of-band emissions (OOBE), as measured over a 1-megahertz resolution bandwidth, must be attenuated below the transmitter power P by a factor not less than 43 + 10 log (P) decibels (dB) on all frequencies between 2305–2317.5 MHz and on all frequencies between 2347.5– 2360 MHz that are outside the licensed band of operation, not less than 55 + 10 log (P) dB in the 2320–2324/2341–2345 MHz bands, not less than 61 + 10 log (P) dB in the 2324–2328/2337–2341 MHz bands, and not less than 67 + 10 log (P) dB in the 2328–2337 MHz band, where P is the transmitter output power in watts. OOBE for these devices must also be attenuated by a factor of not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P) dB at 2292 MHz, and not less PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 45059 than 70 + 10 log (P) dB below 2288 MHz and above 2365 MHz. 4. WCS base and fixed stations in WCS Blocks A and B (i.e., 2305–2315 and 2350–2360 MHz) will be permitted to operate with up to 2 kilowatts (kW) average EIRP per 5 megahertz with a 13 dB peak-to-average power ratio (PAPR). Base and fixed stations in WCS Blocks C and D (i.e., 2315–2320 and 2345–2350 MHz) are limited to the 2 kW per 5 megahertz peak EIRP limit currently specified in our rules. WCS base stations supporting FDD mobile and portable operations are restricted to transmitting in the 2345–2360 MHz band. For WCS base and fixed stations, and fixed WCS CPE operating with an average EIRP greater than 2 watts per 5 megahertz, the OOBE must be attenuated below the transmitter power P by a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305–2320 MHz and on all frequencies between 2345–2360 MHz that are outside the licensed band of operation, not less than 75 + 10 log (P) dB on all frequencies in the 2320–2345 MHz band, not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 MHz, and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370 MHz. 5. The Report and Order also establishes enhanced performance requirements to ensure that WCS licensees use the spectrum intensively in the public interest. For mobile and point-to-multipoint services, licensees must serve 40 percent of a license area’s population within 42 months, and 75 percent within 72 months. For fixed point-to-point services, licensees must construct and operate 15 point-to-point links per million persons in a license area within 42 months, and 30 links within 72 months. Licensees will not be required to satisfy submarket construction requirements. In those license areas where licensees must coordinate with aeronautical mobile telemetry (AMT) receive sites to serve a significant percentage of a market’s total population, the Commission established alternative requirements for mobile and point-to-multipoint services. Specifically, affected licensees must serve 25 (rather than 40) percent of the population within 42 months, and 50 (rather than 75) percent within 72 months. 6. The Second Report and Order in IB Docket No. 95–91 adopted rules for the operation of SDARS terrestrial repeaters, including adopting a power limit of 12 kW average EIRP, with a maximum E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES 45060 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations PAPR of 13 dB. It also requires repeaters operating at power levels greater than 2 W average EIRP to attenuate their OOBE by a factor not less than 90 + 10 log (P) dB over a 1-megahertz resolution bandwidth. Repeaters operating at power levels of 2 W or less average EIRP must attenuate their OOBE by a factor not less than 75 + 10 log (P) dB over a 1-megahertz resolution bandwidth. Repeaters may operate at levels greater than 12 kW average EIRP, or with lesser OOBE attenuation levels, until the SDARS licensee is notified in writing by a potentially affected WCS licensee that it has commenced commercial service already, or that it intends to commence commercial service within 365 days following the notice. The SDARS licensee will then have 180 days from the date it receives the written notice to bring repeaters in the area of the potentially affected WCS licensee into compliance with the 12 kW average EIRP power limit and the OOBE attenuation levels adopted in the Second Report and Order. 7. The Second Report and Order also established a blanket licensing regime for repeaters operating up to 12 kW average EIRP with a maximum peak-toaverage power ratio (PAPR) of 13 dB. As part of the application for a blanket license to operate SDARS repeaters, the SDARS licensee must specify the maximum number of repeaters that will be deployed under the authorization at (1) power levels equal to or less than 2 W average EIRP, and (2) power levels greater than 2 W average EIRP (up to 12 kW average EIRP). The application must also identify the space station(s) with which the terrestrial repeaters will communicate, the frequencies and emission designations of such communications, and the frequencies and emission designations used to retransmit the received signals. The application must also include a certification that the proposed SDARS repeater operations will comply with all the rules adopted for such operations. The fees associated with SDARS terrestrial repeater filings shall be those associated with filing for Fixed-Satellite Service (FSS) Very Small Aperture Terminal (VSAT) systems in § 1.1107 of the Commission’s rules. Repeater operations that do not comply with the rules adopted for SDARS repeaters operations are not eligible for blanket licensing and must be licensed on a siteby-site basis. 8. The Second Report and Order requires SDARS licensees to notify potentially affected WCS licensees prior to the deployment of new or modified SDARS terrestrial repeaters. As part of this requirement, SDARS licensees must VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 share with WCS licensees certain technical information at least 10 business days before operating a new repeater, and at least 5 business days before operating a modified repeater. SDARS licensees must also provide potentially affected WCS licensees an inventory of their repeater infrastructure and must make this inventory available to the Commission upon request. 9. The Second Report and Order adopts other rules governing SDARS terrestrial repeaters. Only entities holding or controlling SDARS space station licenses may construct and operate SDARS repeaters and only in conjunction with at least one SDARS space station that is concurrently authorized and transmitting directly to subscribers. SDARS licensees may operate terrestrial repeaters in Alaska, Hawaii, and other U.S. Territories and Possessions that are not within the service footprint of SDARS satellites. Environmental evaluations are required for outdoor SDARS repeaters operating at over 1,640 W EIRP, and for indoor repeaters operating at over 2 W EIRP. SDARS repeaters must comply with the Commission’s radiofrequency (RF) safety rules in part 1, subpart I, and the Commission’s rules regarding the marking and lighting of antenna structures in part 17. SDARS repeater operations must comply with international agreements between the U.S. Government and the administrations of Canada and Mexico regarding the operations of SDARS terrestrial repeaters. SDARS repeaters are required to be authorized under the Commission’s equipment Certification procedure before they are imported or commercially distributed in the United States, and Certification tests must be completed in accordance with prescribed procedures. 10. SDARS repeaters are also restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the SDARS licensee’s satellite directly to the SDARS licensee’s subscribers’ receivers, and may not be used to distribute any information not also transmitted to all subscribers’ receivers. SDARS operators may not use SDARS repeaters to retransmit regional spot beams. 11. As part of the Second Report and Order, the Commission also denied the petitions for reconsideration of the 1997 SDARS Order filed by the Consumer Electronics Manufacturing Association (CEMA) and the Cellular Phone Taskforce. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Final Regulatory Flexibility Analysis Report and Order in WT Docket No. 07–293. 12. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),1 Initial Regulatory Flexibility Analyses (IRFA) were incorporated in the Notice of Proposed Rulemaking (2007 Notice),2 as well as the WCS Performance Public Notice 3 in WT Docket No. 07–293. The Commission sought written public comment on the proposals in the 2007 Notice and WCS Performance Public Notice, including comment on the IRFAs. This present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.4 A. Need for, and Objectives of, the Report and Order 13. In this Report and Order, the Commission takes a number of steps to facilitate deployment of mobile broadband products and services in the 2305–2320 MHz and 2345–2360 MHz Wireless Communications Service (WCS) bands, while safeguarding from harmful interference satellite radio services, which are provided in the interstitial 2320–2345 MHz Satellite Digital Radio Service (SDARS) band. These steps are set forth below in paragraphs 14–21. 14. In this Report and Order, the objective of the Commission is to resolve the issue of potential interference between the proposed simultaneous and potentially conflicting operations of SDARS and WCS licensees by establishing a regulatory framework that allows such licensees in the 2305– 2360 MHz frequency band to co-exist. Specifically, the Commission revises certain power and out-of-band emissions (OOBE) rules applicable to WCS licensees. 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Public Law No. 104–121, Title II, 110 Stat. 857 (1996). 2 See Amendment of Part 27 of the Commission’s Rules to Govern the Operation of Wireless Communications Services in the 2.3 GHz Band and Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310–2360 MHz Frequency Band, Notice of Proposed Rulemaking and Second Further Notice of Proposed Rulemaking, WT Docket No. 07–293 and IB Docket No. 95–91, 22 FCC Rcd 22123, 22156–22159 (2007) (‘‘2007 Notice’’). 3 See ‘‘Federal Communications Commission Requests Comment on Revision of Performance Requirements for 2.3 GHz Wireless Communications Service,’’ WT Docket No. 07–293, Public Notice, FCC 10–46 (rel. March 29, 2010) (WCS Performance Public Notice). 4 See 5 U.S.C. 604. A Final Regulatory Flexibility Analysis of the Second Report and Order in IB Docket No. 95–91 is contained in a separate appendix. E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 15. Mobile and Portable (Handheld) Power Limits. Upon careful consideration of the technical analyses submitted in the record, the Commission revises the power limits for mobile and portable device operations in all WCS spectrum blocks. Noting that mobile handheld devices operating in other services typically employ up to approximately 250 milliwatts (mW) of power, the Commission establishes a power limit of 250 mW per 5-megahertz average equivalent isotropically radiated power (EIRP) for the WCS A and B blocks and for the lower 2.5 megahertz of the WCS C Block and the upper 2.5 megahertz of the WCS D Block, limited to 50 mW/MHz of EIRP. The Report and Order, however, prohibits WCS mobile and portable devices from operating in the upper 2.5 megahertz of the WCS C Block and the lower 2.5 megahertz of the WCS D block in light of the immediate adjacency of those blocks to the SDARS band. The Commission concludes that these restrictions are needed to provide added protection to SDARS receivers in the 2320–2345 MHz band. 16. Mobile and Portable Emission Limits. Noting that the existing 110 + 10 log (P) dB out-of-band emissions (OOBE) attenuation applicable to WCS mobile equipment 5 is so restrictive such that, in effect, no mobile operation is feasible, the Commission lowers the applicable emission limits to provide WCS licensees greater flexibility. The Report and Order revises OOBE rules to require that a WCS mobile or portable device attenuate its output emissions below the transmitter power P by a factor of not less than 43 + 10 log (P) dB in the 2305–2317.5 MHz and 2347.5–2360 MHz bands on frequencies that are outside the licensed band of operation, not less than 55 + 10 log (P) dB in the 4 megahertz of SDARS spectrum nearest the WCS band (i.e., 2320–2324 MHz and 2341–2345 MHz), 61 + 10 log (P) dB in the center 4 megahertz of each SDARS assignment (2324–2328 MHz and 2337–2341 MHz), and 67 + 10 log (P) dB in the spectrum shared by SDARS operators (2328–2337 MHz). These revised OOBE limits are intended to minimize the potential for interference to satellite radio users in the vast majority of circumstances, while enabling WCS licensees to deliver vital mobile broadband services to the public. To limit the potential for interference to Deep Space Network (DSN) operations in the 2290–2300 MHz band and Aeronautical Mobile Telemetry (AMT) operations in the 2360–2395 MHz band, WCS mobile and 5 See 47 CFR 27.53(a)(2). VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 portable devices OOBE must be attenuated by a factor of not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P) dB at 2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above 2365 MHz. 17. Base and Fixed Station Power and OOBE Limits. In order to appropriately balance the interests of both SDARS and WCS, the Commission concludes that base and fixed station power limits for the WCS C and D blocks should not be revised. Because of the proximity of the C and D blocks to the SDARS band, the Commission agrees with SDARS licensees that the current 2,000 Watts (W) peak EIRP limit applicable to these blocks should be retained. However, the Report and Order revises the power limit for base and fixed station operations in WCS Blocks A and B from the current 2,000 Watts peak EIRP limit to 2,000 W over 5 megahertz (400 W/ MHz), which will be measured on an average basis with a maximum peak-toaverage power ratio (PAPR) of 13 dB. This approach, combined with the 250 mW average EIRP limit for WCS mobile and portable devices and the related OOBE limit for emissions into the SDARS band, will provide the technical flexibility for WCS licensees in these blocks to deploy much needed broadband services to the public with minimal impact on satellite radio users. 18. Additionally, in the Report and Order, the Commission also seeks to provide WCS licensees with greater flexibility with regard to emission limits by adopting for WCS bases and fixed stations an OOBE attenuation factor of not less than 43 + 10 log (P) dB on all frequencies between 2305–2320 MHz and on all frequencies between 2345– 2360 MHz that are outside the licensed band of operation, and not less than 75 + 10 log (P) dB below the transmitter power P, as measured over a 1megahertz resolution bandwidth, on frequencies in the SDARS band at 2320– 2345 MHz. In addition, to protect DSN operations in the 2290–2300 MHz band and AMT operations in the 2360–2395 MHz band, WCS base and fixed stations’ OOBE must be attenuated by a factor of not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 MHz, and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370 MHz. 19. Fixed Customer Premises Equipment (CPE) Power and OOBE Limits. In the Report and Order, the PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 45061 Commission maintains the current mobile transmitter power limit of 20 W per 5-megahertz peak EIRP for WCS fixed CPE devices. The Commission notes that there have not been any significant reports of interference to SDARS operations resulting from currently authorized equipment, and does not expect SDARS operations to experience any appreciable increase in interference from these WCS operations if the current limit is retained. Moreover, the Commission believes that continuing to allow WCS fixed CPE devices to use up to 20 W per 5-megahertz EIRP will enhance the provision and quality of service in rural areas, where subscribers are often located significant distances from WCS licensees’ serving base stations. 20. Additionally, the Commission adopted, for WCS fixed CPE devices operating above 2 Watts per 5-megahertz average EIRP, an OOBE attenuation factor of not less than 43 + 10 log (P) dB on all frequencies between 2305– 2320 MHz and on all frequencies between 2345–2360 MHz that are outside the licensed band of operation, not less than 75 + 10 log (P) dB on all frequencies in the 2320–2345 MHz band, not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 MHz, and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370 MHz. 21. For lower power CPE devices operating at or below 2 W per 5-megahertz average EIRP, the Commission further relaxed the OOBE attenuation levels measured over a 1-meghaertz resolution bandwidth to the levels it adopted for mobile devices: not less than 43 + 10 log (P) dB in the 2305–2320 MHz and 2345–2360 MHz bands on frequencies that are outside the licensed band of operation, not less than 55 + 10 log (P) dB in the 2320– 2324 MHz and 2341–2345 MHz bands, not less than 61 + 10 log (P) dB in the 2324–2328 MHz and 2337–2341 MHz bands, not less than 67 + 10 log (P) dB in the 2328–2337 MHz band, not less than not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P) dB at 2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above 2365 MHz. 22. Notification Requirement. The Report and Order adopted a new rule § 27.72, which will require WCS licensees to notify, and share certain technical information with, SDARS licensees 10 business days prior to E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES 45062 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations commencing operation of a base station and 5 business days prior to commencing operation of a modified base station, to avoid potential interference to SDARS operations. The Report and Order also requires WCS licensees to provide SDARS licensees an inventory of their deployed infrastructure consistent with, and within 30 days of the effective date of § 27.72. 23. Protection of Deep Space Network and Aeronautical Mobile Telemetry Operations. Further, the Commission adopts measures to protect Deep Space Network (DSN) operations in the 2290– 2300 MHz band, as well as Aeronautical Mobile Telemetry (AMT) operations in the 2360–2395 MHz band. To protect DSN operations in the 2290–2300 MHz band, the Report and Order adopts a combination of reasonable OOBE limits and a coordination distance of 145 km for WCS base stations. Similarly, the Commission also adopted revised OOBE limits for emissions into the 2360–2395 MHz band, and requires WCS licensees to coordinate with AMT entities in circumstances where a WCS base station is within 45 kilometers or line of sight from an AMT receiver, whichever distance is greater. The Commission finds that these measures provide appropriate protection for operations below 2305 MHz and above 2360 MHz yet give WCS licensees sufficient flexibility to deploy mobile broadband services. 24. WCS Performance Requirements. The Commission also adopted enhanced performance requirements, which will further the public interest by promoting the rapid deployment of new broadband services to the American public. Specifically, WCS licensees providing mobile or point-to-multipoint services must provide reliable signal coverage to 40 percent of a license area’s population within 42 months, and 75 percent of a license area’s population within 72 months. Further, the Report and Order requires that WCS licensees deploying point-to-point fixed services construct and operate 15 point-to-point links per million persons in a license area within 42 months, and 30 point-to-point links per million persons in a license area within 72 months, together with a minimum payload capacity. 25. The Commission establishes alternative performance requirements for license areas where WCS licensees providing mobile or point-to-multipoint services must coordinate with aeronautical mobile telemetry (AMT) entities to serve a significant percentage of a market’s total population. Specifically, in any license area where 25 percent or more the population is VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 within an AMT zone, affected licensees must serve 25 percent (rather than 40) of the population within 42 months, and 50 percent (rather than 75) within 72 months. Because it will be easier to coordinate point-to-point systems in the vicinity of AMT receive sites, the Report and Order does not find it necessary to reduce the applicable construction thresholds for point-to-point facilities. B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA 26. No comments were received in response to the IRFAs in the 2007 Notice and the WCS Performance Public Notice. C. Description and Estimate of the Number of Small Entities To Which the Rules Will Apply 27. 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.’’ 6 In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act.7 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).8 A small organization is generally ‘‘any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.’’ 9 Below, the Commission further describes and estimates the number of small entity licensees and regulatees that may be affected by the rules changes explored in the Notices. 28. 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 5 U.S.C. 601(6). 5 U.S.C. 601(3) (incorporating by reference the definition of ‘‘small business concern’’ in 15 U.S.C. 632). Pursuant to the RFA, the statutory definition of a small business applies unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register. 8 See Small Business Act, 5 U.S.C. 632 (1996). 9 See 5 U.S.C. 601(4). PO 00000 6 See 7 See Frm 00016 Fmt 4700 Sfmt 4700 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.10 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. 29. RF Equipment Manufacturers. The Census Bureau defines this category as follows: ‘‘This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment. Examples of products made by these establishments are: transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment.’’ 11 The SBA has developed a small business size standard for Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing, which is: All such firms having 750 or fewer employees.12 According to Census Bureau data for 2002, there were a total of 1,041 establishments in this category that operated for the entire year.13 Of this total, 1,010 had employment of under 500, and an additional 13 had employment of 500 to 999.14 Thus, under this size standard, the majority of firms can be considered small. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities 30. The Report and Order imposes certain changes in projected reporting, 10 See 13 CFR 121.201, NAICS code 517110 Census Bureau, 2002 NAICS Definitions, ‘‘334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing’’; https://www.census.gov/epcd/ naics02/def/NDEF334.HTM#N3342. 12 See 13 CFR 121.201, NAICS code 334220. 13 U.S. Census Bureau, American FactFinder, 2002 Economic Census, Industry Series, Industry Statistics by Employment Size, NAICS code 334220 (released May 26, 2005); https:// factfinder.census.gov. The number of ‘‘establishments’’ is a less helpful indicator of small business prevalence in this context than would be the number of ‘‘firms’’ or ‘‘companies,’’ because the latter take into account the concept of common ownership or control. Any single physical location for an entity is an establishment, even though that location may be owned by a different establishment. Thus, the numbers given may reflect inflated numbers of businesses in this category, including the numbers of small businesses. In this category, the Census breaks-out data for firms or companies only to give the total number of such entities for 2002, which were 929. 14 Id. An additional 18 establishments had employment of 1,000 or more. 11 U.S. E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations record keeping, and other compliance requirements. These changes affect small and large companies equally. With respect to coordination requirements in circumstances where WCS licensees are within certain distances from AMT operations, the Report and Order requires WCS and AMT entities to cooperate in good faith in order to minimize the likelihood of harmful interference, make the most effective use of facilities, as well as to resolve actual instances of harmful interference. The Report and Order also requires coordinating parties to share accurate and relevant information in a timely and efficient manner. Parties unable to reach a mutually acceptable coordination agreement may approach the Wireless Telecommunications Bureau, which, in cooperation with the Office of Engineering and Technology and the National Telecommunications & Information Administration (NTIA), may impose restrictions on operating parameters such as the transmitter power, antenna height, or area or hours of operation of the stations. Deadlines may also be imposed if it appears that parties are unable to reach a mutually acceptable arrangement within a reasonable time period. 31. The Report and Order requires that WCS licensees demonstrate compliance with any revised performance requirements by filing a construction notification within 15 days of the relevant benchmark and certifying that they have met the applicable performance requirements. The Report and Order requires 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. Further, the electronic coverage maps must clearly and accurately depict the boundaries of each license area (Regional Economic Area Grouping, REAG, or Major Economic Area, MEA) in the licensee’s service territory, with REAG maps depicting MEA boundaries, and MEA maps depicting Economic Area boundaries. The Report and Order provides that 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. These procedures direct each licensee to file supporting documentation certifying the type of service it is providing for each REAG or MEA within its license service territory VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 and the type of technology it is utilizing to provide such service. Further, the compliance procedures 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. 32. Other than these requirements, as well as the notification obligations discussed above, there are no other specific reporting or recordkeeping requirements adopted in the Report and Order. E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 33. 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.15 34. The Commission’s principal objective in this proceeding is to enable the provision of promising mobile broadband services to the public in the WCS spectrum to the maximum extent practicable, while ensuring that satellite radio operations are not unreasonably impacted by the Commission’s actions. Adopting overly stringent technical rules for WCS to protect SDARS operations from interference will preclude WCS mobile operation, while liberalizing the WCS rules too much will result in harmful interference and disruption to SDARS service. Such results would cause significant adverse economic impact on either WCS licensees, which include small entities, or on SDARS operations.16 Accordingly, the Commission has considered various alternatives, as described below, in order to best provide WCS licensees, including small-entity WCS licensees, with the flexibility to provide mobile service, while also protecting against disruptions to SDARS operations due to harmful interference. 5 U.S.C. 603(c). are no satellite radio licensees that are considered small entities for the purposes of the RFA. PO 00000 15 See 45063 35. Mobile and Portable (Handheld) Device Power Limits. In response to the 2007 Notice’s request for comment regarding applicable mobile and portable device power limits, the WCS Coalition argues that, in conjunction with the use of certain OOBE limits (described below), mobile and portable devices should be permitted to operate at a maximum of 250 mW average EIRP, and subject to the use of transmit power control mechanisms. In contrast, SDARS licensees initially proposed that WCS mobile and portable devices operating on WCS Blocks A and B should be limited to 10 mW EIRP, and that mobile and portable devices operating in WCS Blocks C and D should be limited to 1 mW EIRP. More recently, Sirius XM Radio, Inc., a SDARS licensee,17 advocates that no change be made to current technical restrictions for mobile and portable devices on the C and D blocks. After a review of the technical analyses submitted by the parties, the Commission determines that a power level of 250 mW per 5-megahertz average EIRP for Blocks A and B and for the lower 2.5 megahertz of the WCS C Block and upper 2.5 megahertz of the WCS D Block, limited to 50 mW/MHz of EIRP, using ATPC and subject to the OOBE limit discussed below, should allow adequate user reception of satellite radio, while also enabling WCS licensees, including small entities, to provide valuable mobile services to the public. Further, the Commission believes that prohibiting mobile and portable devices from transmitting in the 2.5 megahertz portions of the WCS C and D Blocks closest to the SDARS band will further limit the potential for harmful interference to SDARS receivers in the 2320–2345 MHz band. The Commission believes that its overall approach strikes the appropriate balance between the WCS Coalition’s request that the Commission adopt a 250 mW average EIRP limit for mobile and portable stations in WCS Blocks A and B and the 2.5 megahertz portions of WCS Blocks C and D furthest from the SDARS band, and its reduced stepped power levels for WCS Blocks C and D, and SDARS licensees’ proposals for the WCS band. 36. Mobile and Portable Device Outof-Band Emission Limits. In the 2007 Notice, the Commission asked interested parties to address how the WCS industry would be affected if the Commission were to retain the current out-of-band emission (OOBE) limits of 110 + 10 log (P) dB for mobile and portable devices, and whether the limit 16 There Frm 00017 Fmt 4700 Sfmt 4700 17 Sirius XM Radio, Inc. (Sirius XM), formerly Sirius Satellite Radio, Inc. E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES 45064 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations should be revised. In response, the WCS Coalition argued that the current limit is too restrictive, and proposed that the Commission adopt stepped OOBE limits of 55 + 10 log (P) dB in the 2320–2324 MHz/2341–2345 MHz bands, 61 + 10 log (P) dB in the 2324–2328 MHz/2337– 2341 MHz bands, and 67 + 10 log (P) dB in the 2328–2337 MHz band. Another WCS licensee, NextWave Wireless (NextWave), advocates relaxing the OOBE limit to 60 + 10 log (P) dB, while Sirius XM proposes an emission limit of 86 + 10 log (P) dB. 37. Based on its review of the record in this proceeding, the Commission determines that it should require that WCS mobile and portable devices’ OOBE be attenuated below the transmitter power P by a factor of not less than 43 + 10 log (P) dB in the 2305– 2317.5 MHz and 2347.5–2360 MHz bands on frequencies that are outside the licensed band of operation, not less than 55 + 10 log (P) dB in the 2320– 2324 MHz and 2341–2345 MHz bands, by 61 + 10 log (P) dB in the 2324–2328 MHz and 2337–2341 MHz bands, and by 67 + 10 log (P) dB in the 2328–2337 MHz band. In addition, mobile and portable devices’ OOBE must be attenuated by a factor of not less than not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log(P) dB at 2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above 2365 MHz. In adopting these factors, the Commission believes that these limits will help avoid significant adverse economic impact to the WCS industry, as well as to SDARS operations by enabling WCS licensees to provide mobile services that were not viable under the existing rules, and by permitting SDARS licensees to continue to operate without undue interference from the WCS band. In addition, these OOBE attenuation factors will limit the potential for interference to Deep Space Network (DSN) operations in the 2290– 2300 MHz band and Aeronautical Mobile Telemetry operations in the 2360–2395 MHz band. In adopting the stepped OOBE limits, the Commission declines to adopt Sirius XM’s request for a more restrictive OOBE limit because such limit would effectively preclude WCS licensees, including small entities, from deploying mobile service. The Commission also finds that the proposal by the WCS Coalition will provide greater overall protection to SDARS operations than the 60 + 10 log (P) dB) advocated by NextWave. Accordingly, adoption of the abovespecified stepped OOBE limits into the VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 applicable portions of the 2320–2345 MHz SDARS band best minimizes significant economic impacts on small, as well as larger, entities. 38. Base Station Power Limits. In the 2007 Notice, the Commission sought comment on the WCS Coalition’s proposal that it revise the existing 2,000 W (2 kW) EIRP peak power limit with a 2 kW EIRP average power limit for WCS fixed and base stations. The Commission asked interested parties to address what impact, if any, adoption of an average, rather than peak, power limit for WCS would have on the ability of WCS licensees to deploy new services. In response, the WCS Coalition reiterates its support of a 2 kW EIRP average power limit, and states that applying a power limit on an average vs. peak basis will provide greater interference protection to SDARS operations. In contrast, SDARS licensees argue that applying an average power limit is not supported, and that such use will quadruple the amount of harmful interference to SDARS receivers. Sirius XM prefers the use of ground-level emission limits to govern transmitting facilities, but would accept retaining existing power limits measured on a peak basis, or other traditional power restrictions that offer sufficient protection to SDARS. 39. Based on its analysis of the record and a balancing of its objectives in this proceeding, the Commission adopts, in part, the WCS Coalition’s proposal regarding base station power limits for WCS Blocks A and B, and also adopts in part Sirius XM’s proposal regarding base station power limits in WCS Blocks C and D. The Commission finds that it is appropriate to modify the WCS Blocks A and B base station limit to 2 kW EIRP over 5 megahertz (400 W/ MHz), which will be measured on an average basis with a maximum peak-toaverage power ratio (PAPR) of 13dB. The Commission finds that these measures will adequately protect SDARS operations, and concludes that the ground-level emission limits sought by Sirius XM would be overly complex and burdensome for WCS licensees, including small entities, to comply with. 40. However, while the Commission concludes that adopting the WCS proposal is desirable with respect to the A and B blocks, it retains the power limits for WCS operations in the C and D blocks at 2 kW peak EIRP over 5 megahertz (400 W/MHz). Because base station operations in WCS Blocks C and D inherently pose more risk of potential interference to satellite radio users than would base station operations in Blocks A and B, which are separated from the PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 SDARS spectrum by at least 5 megahertz, the Commission considers maintaining the current limits appropriate in order to minimize interference into satellite radio operations. 41. The Commission expects that both approaches, combined with the 250 mW per 5 megahertz average EIRP limit for WCS mobile and portable devices and the related OOBE attenuation factors of not less than 43 + 10 log (P) dB in the 2305–2317.5 MHz and 2347.5 MHz bands on frequencies that are outside the licensed band of operation, not less than 55 + 10 log (P) dB in the 2320– 2324 MHz/2341–2345 MHz bands, 61 + 10 log (P) dB in the 2324–2328 MHz/ 2337–2341 MHz bands, and 67 + 10 log (P) dB in the 2328–2337 MHz band, and not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P) dB at 2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above 2365 MHz, should provide the technical flexibility for WCS licensees to deploy mobile service, and thereby avoid the adverse economic impact to WCS licensees, including small entities, that would occur without the ability to provide such service. 42. Base and Fixed Station OOBE Limits. In the 2007 Notice, the Commission sought comment on whether Sirius’ proposal for a requirement to limit ground-level emissions would facilitate the deployment of both SDARS and WCS services to the public. The Commission also sought comment in the 2007 Notice on the WCS Coalition’s proposal to require both WCS and SDARS licensees to attenuate base stations’ OOBE by a factor of 75 + 10 log (P) dB, as measured over a 1-megahertz resolution bandwidth. In its comments on the 2007 Notice, the WCS Coalition reiterated its support for the 75 + 10 log (P) dB attenuation requirement. Sirius XM also supported relaxing the OOBE attenuation requirement for WCS base stations to 75 + 10 log (P) dB but with ground-level emissions limits of 100 dBμV/m for WCS Blocks A and B and 90 dBμV/M for WCS Blocks C and D. 43. For WCS base and fixed stations, the Commission finds it in the public interest to adopt an OOBE attenuation factor of 75 + 10 log (P) dB, as measured over a 1-megahertz resolution bandwidth, on frequencies in the 2320– 2345 MHz band. Both WCS and SDARS licensees urge us to lower the current 80 + 10 log (P) dB OOBE attenuation factor by 5 dB. Although Sirius XM also requests that we establish ground-level emission limits, we decline to adopt E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations ground-level emission limits for WCS base stations as proposed by Sirius XM because of the difficulties associated with characterizing and quantifying the case-specific propagation environment’s effects on an RF signal’s field strength that could influence the interference potential at each fixed site. The rules that would result from an attempt to deal with the anomalies associated with field strength levels, moreover, would be overly complex and difficult for licensees to comply with and would be difficult, at best, for the Commission to enforce. Furthermore, we believe that the revised power limits that we are establishing, together with a 75 + 10 log (P) dB OOBE attenuation factor in the 2320–2345 MHz band, will provide SDARS operations reasonable interference protection while affording WCS licensees additional flexibility to offer mobile services to the public. To protect DSN and AMT operations at 2290–2300 MHz and 2360–2395 MHz, respectively, we find it is in the public interest to adopt an OOBE attenuation factor of not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 MHz, and not less than 75 + 10 log (P) dB below 2285 and above 2370 MHz. 44. Fixed Customer Premises Equipment (CPE) Power and OOBE Limits. The Report and Order also resolves power and OOBE limits proposals relating to WCS fixed CPE devices. The WCS Coalition requests that the Commission apply to WCS fixed CPE operations a power limit of 20 W EIRP, and an OOBE attenuation of 75 + 10 log (P) dB. For WCS fixed CPE devices transmitting at no greater than 2 W average transmitter output power, the WCS Coalition proposes the same stepped OOBE limit that it proposes for mobile devices. Sirius XM, on the other hand, proposes that WCS fixed CPE devices operating above 2 W EIRP be subject to ground level-based emission limits, and proposes that all WCS fixed CPE devices’ OOBE be attenuated by 75 + 10 log (P) dB regardless of the device’s operating power. 45. The Commission finds it appropriate to maintain the current mobile transmitter power limit of 20 W per 5-megahertz peak EIRP for WCS fixed CPE devices because it appears that the existing limit has not resulted in interference to SDARS operation and provides WCS licensees with operational flexibility. Also, for WCS CPE operating with an average EIRP above 2 W per 5 megahertz, the Commission adopts the 75 + 10 log (P) VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 dB OOBE attenuation factor for frequencies in the 2320–2345 MHz band, noting that both SDARS and WCS licensees propose that limit, and SDARS licensees have indicated that they are amenable to a relaxation of the OOBE limit because WCS fixed CPE device operations pose less risk of interference and disruption to SDARS licensees. For WCS CPE operating above 2 W per 5-megahertz average EIRP, the OOBE must be attenuated by a factor of 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 MHz, and not less than 75 + 10 log (P) dB below 2285 and above 2370 MHz. 46. Further, in light of the Commission’s finding that applying the stepped OOBE limits to WCS mobile and portable devices will provide sufficient protection to SDARS operations, as well as the lower likelihood of interference to SDARS receivers posed by WCS fixed CPE terminals operating at or below 2 W per 5-megahertz average EIRP, the Commission adopted the stepped OOBE limit that is applicable to WCS mobile devices for these CPE as well. For WCS CPE operating at or below 2 W per 5-megahertz average EIRP, the OOBE must be attenuated by a factor of not less than 43 + 10 log (P) dB in the 2305– 2320 MHz and the 2345–2360 MHz bands on frequencies that are outside the licensed band of operation, 55 + 10 log (P) dB in the 2320–2324 MHz/2341– 2345 MHz bands, 61 + 10 log (P) dB in the 2324–2328 MHz/2337–2341 MHz bands, and 67 + 10 log (P) dB in the 2328–2337 MHz band, and not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, 55 + 10 log (P) dB at 2300 MHz, 61 + 10 log (P) dB at 2296 MHz, 67 + 10 log (P) dB at 2292 MHz, and 70 + 10 log (P) dB below 2288 and above 2365 MHz. 47. Notification Requirement. In the 2007 Notice, the Commission invited comment regarding the extent to which SDARS and WCS licensees should be required to coordinate deployments of repeaters and base stations, respectively. Sirius XM supports a 90-day notice requirement. Although WCS licensees support measures to encourage SDARS and WCS licensees to share certain technical information, they oppose the adoption of a 90-day notice process. The Commission agrees with SDARS licensees that the public interest will be served by requiring SDARS and WCS licensees to notify each other prior to deploying or modifying repeaters or base stations, respectively, but believes that a 90-day notice requirement as PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 45065 proposed by SDARS licensees to be unduly burdensome. Accordingly, the Commission will require WCS and SDARS licensees to share certain technical information at least 10 business days before operating a new base station or repeater, and at least 5 business days before modifying an existing facility. The Commission believes that adopting the streamlined notification requirements rather than the 90-day prior coordination requirement previously advocated by Sirius XM will enable SDARS and WCS licensees to minimize the potential for harmful interference between their services while also reducing administrative as well as economic burdens on all parties. 48. Protection of DSN and AMT Operations. The Report and Order establishes revised OOBE and coordination rules where WCS base stations are within certain distances from DSN and AMT operations. The Commission imposes these requirements in recognition of the possible effects that WCS operations may have on DSN and AMT entities, which use sensitive receivers and high gain antennas to receive often weak signals. The Report and Order concludes that the adoption of reasonable OOBE and coordination requirements will adequately protect DSN and AMT operations while enabling WCS entities to construct and operate new broadband systems. The Commission has reviewed alternatives submitted by commenters, which, for example, variously call for both more and less stringent OOBE limits and coordination distances than those that are being adopted. The Commission concludes, however, that the requirements that it is adopting best balance the interests of the interested parties. 49. WCS Performance Requirements. Further, in this Report and Order, the Commission adopts revised performance requirements for WCS. The enhanced construction rules the Commission is adopting replace the substantial service requirement previously placed on WCS licensees with specific population-based benchmarks. In recognition of difficulties that may arise in license areas where WCS licensees must coordinate their facilities with AMT receive sites, the Report and Order reduces the level of construction required in such markets. The Commission seeks to establish a buildout requirement that is reasonable and achievable for WCS licensees, including small entities, but which encourages rapid and meaningful E:\FR\FM\02AUR1.SGM 02AUR1 45066 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations deployment of mobile broadband services. The Commission has considered alternative performance benchmarks, including requirements using shorter timeframes, and lower percentages of required construction. However, the Commission concludes that other alternatives would not strike the appropriate balance. Further, with respect to the performance rules, all WCS entities will be required to file construction notifications to inform the Commission that they have successfully met the performance requirements described above. The Commission has reviewed whether there should be other requirements, such as a formal procedure in which comment would be sought from the public regarding the construction showings filed by licensees. The Commission determines, however, that it is not necessary to include other requirements to the adopted construction notification procedure. 50. Report to Congress: The Commission will send a copy of the Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act.18 In addition, the Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. Final Regulatory Flexibility Certification Second Report and Order in IB Docket No. 95–91 51. The Regulatory Flexibility Act of 1980, as amended (RFA) 19 requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that ‘‘the rule will not have a significant economic impact on a substantial number of small entities.’’ 20 The RFA generally defines ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ 21 In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act.22 A small business 18 See 5 U.S.C. 801(a)(1)(A). RFA, see 5 U.S.C. S 601 et seq., has been amended by the Contract With America Advancement Act of 1996, Public Law No. 104–121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). 20 5 U.S.C. 605(b). 21 5 U.S.C. 601(6). 22 5 U.S.C. 601(3) (incorporating by reference the definition of ‘‘small business concern’’ in Small erowe on DSK5CLS3C1PROD with RULES 19 The VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 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).23 52. The rules adopted in this Second Report and Order affect providers of Satellite Digital Audio Radio Service (SDARS). With respect to providers of SDARS, i.e. providers of a nationally distributed subscription radio service, no small entities are affected by the rules adopted in this Second Report and Order. SDARS is a satellite service. The SBA has established a size standard for ‘‘Satellite Telecommunications,’’ which is that any large satellite services provider must have an annual revenue of $15.0 million.24 Currently, only a single operator, Sirius XM Radio Inc. (‘‘Sirius XM’’), controls licenses to provide SDARS, which requires a great investment of capital for operation. Sirius XM has annual revenues in excess of $15.0 million.25 Because SDARS requires significant capital, we believe it is unlikely that a small entity as defined by the Small Business Administration would have the financial wherewithal to become an SDARS licensee. 53. Therefore, since only one large entity is affected by the rules adopted in this Second Report and Order, we certify that the requirements of the Second Report and Order will not have a significant economic impact on a substantial number of small entities. The Commission will send a copy of the Second Report and Order, including a copy of this final certification, in a report to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996, see 5 U.S.C. 801(a)(1)(A). In addition, the Second Report and Order and this certification will be sent to the Chief Counsel for Advocacy of the Small Business Administration, and will be published in the Federal Register. See 5 U.S.C. 605(b). Ordering Clauses 54. Pursuant to sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r), and Business Act, 15 U.S.C. S 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies ‘‘unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.’’ 23 Small Business Act, 15 U.S.C. S 632. 24 See 13 CFR 121.201, NAICS code 517410. 25 Sirius XM reported annual revenue of over $2.47 billion in 2009. See Sirius XM Radio Inc., SEC Form 10–K at 25 (filed Feb. 25, 2010). PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 307 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r), 307, that this Report and Order in WT Docket No. 07–293 and Second Report and Order in IB Docket No. 95–91 is hereby adopted. 55. The rules adopted herein will become effective 30 days after the date of publication in the Federal Register, except for §§ 25.144(e)(3), 25.144(e)(8), 25.144(e)(9), 25.263(b), 25.263(c) 27.14(p)(7), 27.72(b), 27.72(c), 27.73(a), and 27.73(b), which contain new or modified information collection requirements that require approval by the OMB under the PRA and will become effective after the Commission publishes a notice in the Federal Register announcing such approval and the relevant effective date. 56. Pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and § 1.115 of the Commission’s rules, 47 CFR 1.115, the application for review of the Wireless Telecommunications Bureau’s Horizon Order,26 jointly filed by Green Flag Wireless, LLC and James McCotter on February 10, 2009, is dismissed as moot. 57. Pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), the applications for additional time to meet the 2.3 GHz Wireless Communications Service substantial service performance requirement listed in Appendix F are dismissed as moot. 58. Pursuant to section 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. 5(c), the Wireless Telecommunications Bureau is granted delegated authority to implement the policies set forth in the Report and Order in WT Docket No. 07–293 and the rules, as revised, set forth in Appendix B hereto. 59. The International Bureau is instructed to extend all grants of STA to operate SDARS repeaters currently in effect for a period of 180 days from the effective date of this Order, or until the date on which the Commission grants blanket licenses to operate SDARS repeaters, whichever comes first. 60. The International Bureau is instructed to grant all pending requests for STA to operate SDARS terrestrial repeaters for a period of 180 days from the effective date of this Order, or until the date on which the Commission grants blanket licenses to operate 26 Applications of Horizon Wi-Com, LLC, File Nos. 0003014435, 0003014449, 0003014463, 0003014470, 0003045272, 0003045277, 0003045282, and 0003067727, Memorandum Opinion and Order, 24 FCC Rcd 359 (WTB Mobility Div. 2009) (Horizon Order). E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations SDARS repeaters, whichever comes first. 61. The petition for reconsideration filed in 12 FCC Rcd 5754, IB Docket No. 95–91, GEN Docket No. 90–357, on March 27, 1997 by the Consumer Electronics Manufacturers Association, and the petition for partial reconsideration filed in 12 FCC Rcd 5754, IB Docket No. 95–91, GEN Docket No. 90–357, on April 9, 1997 by the Cellular Phone Taskforce are denied. 62. The Commission will send a copy of this Report and Order and Second Report and Order, including the Final Regulatory Flexibility Analysis and Final Regulatory Flexibility Certification, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). 63. Pursuant to sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and §§ 1.9030(c) and 1.9035(c) of the Commission’s rules, 47 CFR 1.9030(c), 1.9035(c), that all licensees and de facto transfer lessees of spectrum in the 2305–2320 MHz and 2345–2360 MHz bands are hereby directed to provide Sirius XM Radio, Inc. an inventory of their deployed infrastructure consistent with, and within 30 days of the effective date of, § 27.72(b). List of Subjects 47 CFR Part 25 Communications common carriers, Communications equipment, Radio, Reporting and recordkeeping requirements, Satellites, Telecommunications. § 25.144 Licensing provisions for the 2.3 GHz satellite digital audio radio service. Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. * 2. Section 2.106, the Table of Frequency Allocations, is amended by revising footnote US338 to read as follows: ■ § 2.106 * Table of Frequency Allocations. * * * * United States (US) Footnotes * * * * * US338 The following provisions shall apply in the band 2305–2320 MHz: (a) In the sub-band 2305–2310 MHz, space-to-Earth operations are prohibited. (b) Within 145 km of Goldstone, CA (35°25′33″ N., 116°53′23″ W.), Wireless Communications Service (WCS) licensees operating base stations in the band 2305–2320 MHz shall, prior to operation of those base stations, achieve a mutually satisfactory coordination agreement with the National Aeronautics and Space Administration (NASA). Note: NASA operates a deep space facility in Goldstone in the band 2290–2300 MHz. * * * * * PART 25—SATELLITE COMMUNICATIONS Authority: 47 U.S.C. 701–744. Interprets or applies Sections 4, 301, 302, 303, 307, 309, and 332 of the Communications Act, as amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, and 332, unless otherwise noted. § 25.121 Federal Communications Commission. Bulah P. Wheeler, Deputy Manager. erowe on DSK5CLS3C1PROD with RULES 1. The authority citation for part 2 continues to read as follows: 4. Section 25.121 is amended by revising paragraph (a) to read as follows: Communications common carriers, Communications equipment, Radio, Reporting and recordkeeping requirements. Rule Changes For the reasons discussed, the Federal Communications Commission amends Title 47 of the Code of Federal Regulations, Parts 2, 25 and 27 to read as follows: ■ 12:40 Jul 30, 2010 ■ ■ 47 CFR Part 27 VerDate Mar<15>2010 ■ 3. The authority citation for part 25 continues to read as follows: Communications equipment, Radio. Jkt 220001 5. Section 25.144 is amended by revising paragraph (d) and adding paragraph (e) to read as follows: PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS ■ 47 CFR Part 2 45067 License term and renewals. (a) License Term. (1) Except for licenses for DBS space stations, SDARS space stations and terrestrial repeaters, and 17/24 GHz BSS space stations licensed as broadcast facilities, licenses for facilities governed by this part will be issued for a period of 15 years. (2) Licenses for DBS space stations and 17/24 GHz BSS space stations licensed as broadcast facilities, and for SDARS space stations and terrestrial repeaters, will be issued for a period of 8 years. Licenses for DBS space stations not licensed as broadcast facilities will be issued for a period of 10 years. * * * * * PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 * * * * (d) The license term for each digital audio radio service satellite and any associated terrestrial repeaters is specified in § 25.121. (e) SDARS Terrestrial Repeaters. (1) Only entities holding or controlling SDARS space station licenses may construct and operate SDARS terrestrial repeaters and such construction and operation is permitted only in conjunction with at least one SDARS space station that is concurrently authorized and transmitting directly to subscribers. (2) SDARS terrestrial repeaters will be eligible for blanket licensing only under the following circumstances: (i) The SDARS terrestrial repeaters will comply with all applicable power limits set forth in § 25.214(d)(1) of this chapter and all applicable out-of-band emission limits set forth in § 25.202(h)(1) and (h)(2). (ii) The SDARS terrestrial repeaters will meet all applicable requirements in part 1, subpart I, and part 17 of this chapter. Operators of SDARS terrestrial repeaters must maintain demonstrations of compliance with part 1, subpart I, of this chapter and make such demonstrations available to the Commission upon request within three business days. (iii) The SDARS terrestrial repeaters will comply with all requirements of all applicable international agreements. (3) After May 20, 2010, SDARS licensees shall, before deploying any new, or modifying any existing, terrestrial repeater, notify potentially affected WCS licensees pursuant to the procedure set forth in § 25.263. (4) SDARS terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the SDARS licensee’s satellite(s) directly to the SDARS licensee’s subscribers’ receivers, and may not be used to distribute any information not also transmitted to all subscribers’ receivers. (5) Operators of SDARS terrestrial repeaters are prohibited from using those repeaters to retransmit different transmissions from a satellite to different regions within that satellite’s coverage area. (6) Operators of SDARS terrestrial repeaters are required to comply with all applicable provisions of part 1, subpart I, and part 17 of this chapter. E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES 45068 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations (7)(i) Each SDARS terrestrial repeater transmitter utilized for operation under this paragraph must be of a type that has been authorized by the Commission under its certification procedure. (ii) In addition to the procedures set forth in subpart J of part 2 of this chapter, power measurements for SDARS repeater transmitters may be made in accordance with a Commissionapproved average power technique. Peak-to-average power ratio (PAPR) measurements for SDARS repeater transmitters should be made using either an instrument with complementary cumulative distribution function (CCDF) capabilities to determine that the PAPR will not exceed 13 dB for more than 0.1 percent of the time or another Commission approved procedure. The measurement must be performed using a signal corresponding to the highest PAPR expected during periods of continuous transmission. (iii) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter. (8) Applications for blanket authority to operate terrestrial repeaters must be filed using Form 312, except that Schedule B to Form 312 need not be filed. Such applications must also include the following information as an attachment: (i) The space station(s) with which the terrestrial repeaters will communicate, the frequencies and emission designators of such communications, and the frequencies and emission designators used by the repeaters to retransmit the received signals. (ii) The maximum number of terrestrial repeaters that will be deployed under the authorization at 1) power levels equal to or less than 2-watt average EIRP, and 2) power levels greater than 2-watt average EIRP (up to 12-kW average EIRP). (iii) A certification of compliance with the requirements of § 25.144(e)(1) through (7). (9) SDARS terrestrial repeaters that are ineligible for blanket licensing must be authorized on a site-by-site basis. Applications for site-by-site authorization must be filed using Form 312, except that Schedule B need not be provided. Such applications must also include the following information, as an attachment: VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 (i) The technical information for each repeater required to be shared with potentially affected WCS licensees as part of the notification requirement set forth in § 25.263(c)(2). (ii) The space station(s) with which the terrestrial repeaters will communicate, the frequencies and emission designators of such communications, and the frequencies and emission designators used by the repeaters to re-transmit the received signals. ■ 6. Section 25.202 is amended by revising paragraph (a)(6), paragraph (f) introductory text, and adding paragraph (h) to read as follows: the following 365 days. Starting 180 days after receipt of such written notice, SDARS repeaters within the area notified by the potentially affected WCS licensee must attenuate out-of-band emissions to the levels specified in paragraphs (h)(1) and (h)(2) of this section. (4) For the purpose of this section, a WCS licensee is potentially affected if it meets any of the following criteria: (i) The WCS licensee is authorized to operate a base station in the 2305–2315 MHz or 2350–2360 MHz bands in the same Major Economic Area (MEA) as that in which a SDARS terrestrial repeater is located. (ii) The WCS licensee is authorized to § 25.202 Frequencies, frequency tolerance, operate a base station in the 2315–2320 and emission limitations. MHz or 2345–2350 MHz bands in the same Regional Economic Area Grouping (a) * * * (REAG) as that in which a SDARS (6) The following frequencies are terrestrial repeater is located. available for use by the Satellite Digital (iii) A SDARS terrestrial repeater is Audio Radio Service (SDARS), and for located within 5 kilometers of the any associated terrestrial repeaters: boundary of an MEA or REAG in which 2320–2345 MHz (space-to-Earth) the WCS licensee is authorized to * * * * * operate a WCS base station. (f) Emission limitations. Except for ■ 7. Section 25.214 is amended by SDARS terrestrial repeaters, the mean revising the section heading and adding power of emissions shall be attenuated paragraph (d) to read as follows: below the mean output power of the transmitter in accordance with the § 25.214 Technical requirements for space schedule set forth in paragraphs (f)(1) stations in the satellite digital audio radio through (f)(4) of this section. The out-of- service and associated terrestrial repeaters. band emissions of SDARS terrestrial * * * * * repeaters shall be attenuated in (d) Power limit for SDARS terrestrial accordance with the schedule set forth repeaters. (1) SDARS terrestrial in paragraph (h) of this section. repeaters must be operated at a power * * * * * level less than or equal to 12-kW (h) Out-of-band emission limitations average EIRP, with a maximum peak-tofor SDARS terrestrial repeaters. (1) Any average power ratio of 13 dB. SDARS terrestrial repeater operating at (2) SDARS repeaters are permitted to a power level greater than 2-watt operate at power levels above 12-kW average EIRP is required to attenuate its average EIRP, unless a potentially out-of-band emissions below the affected WCS licensee provides written transmitter power P by a factor of not notice that it intends to commence less than 90 + 10 log (P) dB in a commercial service within the following 1-megahertz bandwidth outside the 365 days. Starting 180 days after receipt 2320–2345 MHz band, where P is of such written notice, SDARS repeaters average transmitter output power in within the area notified by the watts. potentially affected WCS licensee must (2) Any SDARS terrestrial repeater be operated at a power level less than operating at a power level equal to or or equal to 12-kW average EIRP, with a less than 2-watt average EIRP is required maximum peak-to-average power ratio to attenuate its out-of-band emissions of 13 dB. below the transmitter power P by a (3) For the purpose of this section, a factor of not less than 75 + 10 log (P) WCS licensee is potentially affected if it dB in a 1-megahertz bandwidth outside meets any of the following criteria: the 2320–2345 MHz band, where P is (i) The WCS licensee is authorized to average transmitter output power in operate a base station in the 2305–2315 watts. MHz or 2350–2360 MHz bands in the (3) SDARS repeaters are permitted to same Major Economic Area (MEA) as attenuate out-of-band emissions less that in which a SDARS terrestrial than the levels specified in paragraphs repeater is located. (ii) The WCS licensee is authorized to (h)(1) and (h)(2), of this section unless operate a base station in the 2315–2320 a potentially affected WCS licensee provides written notice that it intends to MHz or 2345–2350 MHz bands in the same Regional Economic Area Grouping commence commercial service within PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations (REAG) as that in which a SDARS terrestrial repeater is located. (iii) An SDARS terrestrial repeater is located within 5 kilometers of the boundary of an MEA or REAG in which the WCS licensee is authorized to operate a WCS base station. ■ 8. Section 25.263 is added to read as follows: erowe on DSK5CLS3C1PROD with RULES § 25.263 Information sharing requirements for SDARS terrestrial repeater operators. This section requires SDARS licensees in the 2320–2345 MHz band to share information regarding the location and operation of terrestrial repeaters with WCS licensees in the 2305–2320 MHz and 2345–2360 MHz bands. Section 27.72 of this chapter requires WCS licensees to share information regarding the location and operation of base stations in the 2305–2320 MHz and 2345–2360 MHz bands with SDARS licensees in the 2320–2345 MHz band. (a) SDARS licensees must select terrestrial repeater sites and frequencies, to the extent practicable, to minimize the possibility of harmful interference to WCS base station operations in the 2305–2320 MHz and 2345–2360 MHz bands. (b) Notice requirements. SDARS licensees that intend to operate a new terrestrial repeater must, before commencing such operation, provide 10 business days prior notice to all potentially affected WCS licensees. SDARS licensees that intend to modify an existing repeater must, before commencing such modified operation, provide 5 business days prior notice to all potentially affected WCS licensees. (1) For purposes of this section, a ‘‘potentially affected WCS licensee’’ is a WCS licensee that: (i) Is authorized to operate a base station in the 2305–2315 MHz or 2350– 2360 MHz bands in the same Major Economic Area (MEA) as that in which the terrestrial repeater is to be located; (ii) Is authorized to operate a base station in the 2315–2320 MHz or 2345– 2350 MHz bands in the same Regional Economic Area Grouping (REAG) as that in which the terrestrial repeater is to be located. (iii) In addition to the WCS licensees identified in paragraphs (b)(1)(i) and (ii) of this section, in cases in which the SDARS licensee plans to deploy or modify a terrestrial repeater within 5 kilometers of the boundary of an MEA or REAG in which the terrestrial repeater is to be located, a potentially affected WCS licensee is one that is authorized to operate a WCS base station in that neighboring MEA or REAG within 5 kilometers of the location of the terrestrial repeater. VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 (2) For the purposes of this section, a business day is defined by § 1.4(e)(2) of this chapter. (c) Contents of notice. (1) Notification must be written (e.g., certified letter, fax, or e-mail) and include the licensee’s name, and the name, address, and telephone number of its coordination representative, unless the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means. WCS licensees and SDARS licensees may establish such a mutually agreeable alternative notification mechanism without prior Commission approval, provided that they comply with all other requirements of this section. (2) Regardless of the notification method, notification must specify relevant technical details, including, at a minimum: (i) The coordinates of the proposed repeater to an accuracy of no less than ± 1 second latitude and longitude; (ii) The proposed operating power(s), frequency band(s), and emission(s); (iii) The antenna center height above ground and ground elevation above mean sea level, both to an accuracy of no less than ±1 meter; (iv) The antenna gain pattern(s) in the azimuth and elevation planes that include the peak of the main beam; and (v) The antenna downtilt angle(s). (3) An SDARS licensee operating terrestrial repeaters must maintain an accurate and up-to-date inventory of its terrestrial repeaters operating above 2 watts average EIRP, including the information set forth in § 25.263(c)(2), which shall be available upon request by the Commission. (d) Calculation of Notice Period. Notice periods are calculated from the date of receipt by the licensee being notified. If notification is by mail, the date of receipt is evidenced by the return receipt on certified mail. If notification is by fax, the date of receipt is evidenced by the notifying party’s fax transmission confirmation log. If notification is by e-mail, the date of receipt is evidenced by a return e-mail receipt. If the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means, that agreement must specify the method for determining the beginning of the notice period. (e) Duty to cooperate. SDARS licensees must cooperate in good faith in the selection and use of new repeater sites to reduce interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference must PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 45069 cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the International Bureau, in consultation with the Office of Engineering and Technology and the Wireless Telecommunications Bureau, may impose restrictions on SDARS licensees, including specifying the transmitter power, antenna height, or area or hours of operation of the stations. PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 9. The authority citation for part 27 continues to read as follows: ■ Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337 unless otherwise noted. 10. Section 27.14 is amended by revising paragraph (a) and adding paragraph (p) to read as follows: ■ § 27.14 Construction requirements; Criteria for renewal. (a) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for Block A in the 698– 704 MHz and 728–734 MHz bands, Block B in the 704–710 MHz and 734– 740 MHz bands, Block E in the 722–728 MHz band, Block C, C1, or C2 in the 746–757 MHz and 776–787 MHz bands, Block D in the 758–763 MHz and 788– 793 MHz bands, Block A in the 2305– 2310 MHz and 2350–2355 MHz bands, Block B in the 2310–2315 MHz and 2355–2360 MHz bands, Block C in the 2315–2320 MHz band, and Block D in the 2345–2350 MHz band, must, as a performance requirement, make a showing of ‘‘substantial service’’ in their license area within the prescribed license term set forth in § 27.13. ‘‘Substantial service’’ is defined as service which is sound, favorable and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. * * * * * (p) This section enumerates performance requirements for licensees holding authorizations for Block A in the 2305–2310 MHz and 2350–2355 MHz bands, Block B in the 2310–2315 MHz and 2355–2360 MHz bands, Block C in the 2315–2320 MHz band, and Block D in the 2345–2350 MHz band. (1) For mobile or point-to-multipoint systems, a licensee must provide reliable signal coverage and offer service to at least 40 percent of the license area’s population by March 4, 2014, and E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES 45070 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations to at least 75 percent of the license area’s population by September 1, 2016. If, when filing the construction notification required under § 1.946(d) of this chapter, a WCS licensee demonstrates that 25 percent or more of the license area’s population for Block A, B or D is within a coordination zone as defined by § 27.73(a) of the rules, the foregoing population benchmarks are reduced to 25 and 50 percent, respectively. The percentage of a license area’s population within a coordination zone equals the sum of the Census Block Centroid Populations within the area, divided by the license area’s total population. (2) For point-to-point fixed systems, except those deployed in the Gulf of Mexico license area, a licensee must construct and operate a minimum of 15 point-to-point links per million persons (one link per 67,000 persons) in a license area by March 4, 2014, and 30 point-to-point links per million persons (one link per 33,500 persons) in a licensed area by September 1, 2016. The exact link requirement is calculated by dividing a license area’s total population by 67,000 and 33,500 for the respective milestones, and then rounding upwards to the next whole number. For a link to be counted towards these benchmarks, both of its endpoints must be located in the license area. If only one endpoint of a link is located in a license area, it can be counted as a one- half link towards the benchmarks. (3) For point-to-point fixed systems deployed on any spectrum block in the Gulf of Mexico license area, a licensee must construct and operate a minimum of 15 point-to-point links by March 4, 2014, and a minimum of 15 point-topoint links by September 1, 2016. (4) Under paragraph (p)(2) and (p)(3) of this section, each fixed link must provide a minimum bit rate, in bits per second, equal to or greater than the bandwidth specified by the emission designator in Hertz (e.g., equipment transmitting at a 5 Mb/s rate must not require a bandwidth of greater than 5 MHz). (5) If an initial authorization for a license area is granted after September 1, 2010, then the applicable benchmarks in paragraphs (p)(1), (p)(2) and (p)(3) of this section must be met within 42 and 72 months, respectively, of the initial authorization grant date. (6) Licensees must use the most recently available U.S. Census Data at the time of measurement to meet these performance requirements. (7) Licensees must certify compliance with the applicable performance requirements by filing a construction VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 notification with the Commission, within 15 days of the expiration of the relevant performance milestone, pursuant to § 1.946(d) of this chapter. Each construction notification must include electronic coverage maps, supporting technical documentation, and any other information as the Wireless Telecommunications Bureau may prescribe by public notice. Electronic coverage maps must accurately depict the boundaries of each license area (Regional Economic Area Grouping, REAG, or Major Economic Area, MEA) in the licensee’s service territory. Further, REAG maps must depict MEA boundaries and MEA maps must depict Economic Area boundaries. If a licensee does not provide reliable signal coverage to an entire license area, its map must 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 service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee’s technology. (8) If a licensee fails to meet any applicable performance requirement, its authorization will terminate automatically without further Commission action as of the applicable performance milestone and the licensee will be ineligible to regain it. ■ 11. Section 27.50 is amended by revising the section heading and paragraph (a) to read as follows: § 27.50 Power limits and duty cycle. (a) The following power limits and related requirements apply to stations transmitting in the 2305–2320 MHz band or the 2345–2360 MHz band. (1) Base and fixed stations. (i) For base and fixed stations transmitting in the 2305–2315 MHz band or the 2350– 2360 MHz band: (A) The average equivalent isotropically radiated power (EIRP) must not exceed 2,000 watts within any 5 megahertz of authorized bandwidth and must not exceed 400 watts within any 1 megahertz of authorized bandwidth. (B) The peak-to-average power ratio (PAPR) of the transmitter output power must not exceed 13 dB. The PAPR measurements should be made using either an instrument with complementary cumulative distribution function (CCDF) capabilities to determine that PAPR will not exceed 13 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 dB for more than 0.1 percent of the time or other Commission approved procedure. The measurement must be performed using a signal corresponding to the highest PAPR expected during periods of continuous transmission. (ii) For base and fixed stations transmitting in the 2315–2320 MHz band or the 2345–2350 MHz band, the peak EIRP must not exceed 2,000 watts. (iii) Base stations supporting frequency division duplex (FDD) mobile and portable operations are restricted to transmitting in the 2345–2360 MHz bands. (2) Fixed customer premises equipment stations. For fixed customer premises equipment (CPE) stations transmitting in the 2305–2320 MHz band or in the 2345–2360 MHz band, the peak EIRP must not exceed 20 watts within any 5 megahertz of authorized bandwidth. Fixed CPE stations transmitting in the 2305–2320 MHz band or in the 2345–2360 MHz band must employ automatic transmit power control when operating so the stations operate with the minimum power necessary for successful communications. The use of outdoor antennas for CPE stations or outdoor CPE station installations operating with 2 watts per 5 megahertz or less average EIRP is prohibited. For WCS CPE using TDD technology, the duty cycle must not exceed 38 percent; for WCS CPE using FDD technology, the duty cycle must not exceed 12.5 percent in the 2315–2320 MHz band, and must not exceed 25 percent in the 2305–2315 MHz band. (3) Mobile and portable stations. (i) For mobile and portable stations transmitting in the 2305–2317.5 MHz band or the 2347.5–2360 MHz band, the average EIRP must not exceed 250 milliwatts within any 5 megahertz of authorized bandwidth and must not exceed 50 milliwatts within any 1 megahertz of authorized bandwidth. For mobile and portable stations using time division duplex (TDD) technology, the duty cycle must not exceed 38 percent in the 2305–2317.5 MHz and 2347.5– 2360 MHz bands. For mobile and portable stations using frequency division duplex (FDD) technology, the duty cycle must not exceed 12.5 percent in the 2315–2317.5 MHz band and must not exceed 25 percent in the 2305–2315 MHz band. Mobile and portable stations using FDD technology are restricted to transmitting in the 2305–2317.5 MHz band. Power averaging shall not include intervals in which the transmitter is off. (ii) Mobile and portable stations are not permitted to operate in the 2317.5– 2320 MHz and 2345–2347.5 MHz bands. E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations (iii) Automatic transmit power control. Mobile and portable stations transmitting in the 2305–2317.5 MHz band or in the 2347.5–2360 MHz band must employ automatic transmit power control when operating so the stations operate with the minimum power necessary for successful communications. (iv) Prohibition on external vehiclemounted antennas. The use of external vehicle-mounted antennas for mobile and portable stations transmitting in the 2305–2317.5 MHz band or the 2347.5– 2360 MHz band is prohibited. * * * * * 12. Section 27.53 is amended by revising paragraphs (a) introductory text and (a)(1) through (5), removing and reserving paragraphs (a)(6) and (a)(9), and revising paragraph (a)(10) to read as follows: erowe on DSK5CLS3C1PROD with RULES § 27.53 Emission limits. (a) For operations in the 2305–2320 MHz band and the 2345–2360 MHz band, the power of any emission outside a licensee’s frequency band(s) of operation shall be attenuated below the transmitter power P (with averaging performed only during periods of transmission) within the licensed band(s) of operation, in watts, by the following amounts: (1) For base and fixed stations’ operations in the 2305–2320 MHz band and the 2345–2360 MHz band: (i) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band of operation, and not less than 75 + 10 log (P) dB on all frequencies between 2320 and 2345 MHz; (ii) By a factor of not less than: 43 + 10 log (P) dB at 2305 MHz, 70 + 10 log (P) dB at 2300 MHz, 72 + 10 log (P) dB at 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz; (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz, 55 + 10 log (P) dB at 2362.5 MHz, 70 + 10 log (P) dB at 2365 MHz, 72 + 10 log (P) dB at 2367.5 MHz, and 75 + 10 log (P) dB above 2370 MHz. (2) For fixed customer premises equipment (CPE) stations operating in the 2305–2320 MHz band and the 2345– 2360 MHz band transmitting with more than 2 watts per 5 megahertz average EIRP: (i) By a factor of not less than: 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band of operation, and not less than 75 + 10 VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 log (P) dB) on all frequencies between 2320 and 2345 MHz. (ii) By a factor of not less than: 43 + 10 log (P) dB) at 2305 MHz, 70 + 10 log (P) dB at 2300 MHz, 72 + 10 log (P) dB at 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz; (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz, 55 + 10 log (P) dB at 2362.5 MHz, 70 + 10 log (P) dB at 2365 MHz, 72 + 10 log (P) dB at 2367.5 MHz, and 75 + 10 log (P) dB) above 2370 MHz. (3) For fixed CPE stations transmitting with 2 watts per 5 megahertz average EIRP or less: (i) By a factor of not less than 43 + 10 log (P) dB) on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band of operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and on all frequencies between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz and on all frequencies between 2337 and 2341 MHz, not less than 67 + 10 log (P) dB on all frequencies between 2328 and 2337 MHz; (ii) By a factor of not less than 43 + 10 log (P) dB at 2305 MHz, 55 + 10 log (P) dB at 2300 MHz, 61 + 10 log (P) dB at 2296 MHz, 67 + 10 log (P) dB at 2292 MHz, 70 + 10 log (P) dB below 2288 MHz. (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz and 70 + 10 log (P) dB above 2365 MHz. (4) For mobile and portable stations operating in the 2305–2317.5 MHz and 2347.5–2360 MHz bands: (i) By a factor of not less than: 43 + 10 log (P) dB on all frequencies between 2305 and 2317.5 MHz and on all frequencies between 2347.5 and 2360 MHz that are outside the licensed band of operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and on all frequencies between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz and on all frequencies between 2337 and 2341 MHz, not less than 67 + 10 log (P) dB on all frequencies between 2328 and 2337 MHz. (ii) By a factor of not less than 43 + 10 log (P) dB at 2305 MHz, 55 + 10 log (P) dB at 2300 MHz, 61 + 10 log (P) dB at 2296 MHz, 67 + 10 log (P) dB at 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz. (iii) By a factor of not less than: 43 + 10 log (P) dB at 2360 MHz and 70 + 10 log (P) dB above 2365 MHz. (5) Measurement procedure. Compliance with these rules is based on PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 45071 the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1–MHz bands immediately outside and adjacent to the channel blocks at 2305, 2310, 2315, 2320, 2345, 2350, 2355, and 2360 MHz, a resolution bandwidth of at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e. 1 MHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. With respect to television operations, measurements must be made of the separate visual and aural operating powers at sufficiently frequent intervals to ensure compliance with the rules. * * * * * (10) The out-of-band emissions limits in paragraphs (a)(1) through (a)(3) of this section may be modified by the private contractual agreement of all affected licensees, who must maintain a copy of the agreement in their station files and disclose it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission. * * * * * ■ 13. Section 27.72 is added to read as follows: § 27.72 Information sharing requirements. This section requires WCS licensees in the 2305–2320 MHz and 2345–2360 MHz bands to share information regarding the location and operation of base stations with Satellite Digital Audio Radio Service (SDARS) licensees in the 2320–2345 MHz band. Section 25.263 of this chapter requires SDARS licensees in the 2320–2345 MHz band to share information regarding the location and operation of terrestrial repeaters with WCS licensees in the 2305–2320 MHz and 2345–2360 MHz bands. (a) Sites and frequency selections. WCS licensees must select base station sites and frequencies, to the extent practicable, to minimize the possibility of harmful interference to operations in the SDARS 2320–2345 MHz band. (b) Prior notice periods. WCS licensees that intend to operate a base station must, before commencing such operation, provide 10 business days prior notice to all SDARS licensees. E:\FR\FM\02AUR1.SGM 02AUR1 erowe on DSK5CLS3C1PROD with RULES 45072 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations WCS licensees that intend to modify an existing base station must, before commencing such modified operation, provide 5 business days prior notice to all SDARS licensees. For the purposes of this section, a business day is defined by § 1.4(e)(2) of this chapter. (c) Contents of notice. (1) Notification must be written (e.g., certified letter, fax, or e-mail) and include the licensee’s name, and the name, address, and telephone number of its coordination representative, unless the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means. WCS licensees and SDARS licensees may establish such a mutually agreeable alternative notification mechanism without prior Commission approval, provided that they comply with all other requirements of this section. (2) Regardless of the notification method, it must specify relevant technical details, including, at a minimum: (i) The coordinates of the proposed base station to an accuracy of no less than ± 1 second latitude and longitude; (ii) The proposed operating power(s), frequency band(s), and emission(s); (iii) The antenna center height above ground and ground elevation above mean sea level, both to an accuracy of no less than ± 1 meter; (iv) The antenna gain pattern(s) in the azimuth and elevation planes that include the peak of the main beam; and (v) The antenna downtilt angle(s). (3) A WCS licensee operating base stations must maintain an accurate and up-to-date inventory of its base stations, including the information set forth in § 27.72(c)(2), which shall be available upon request by the Commission. (d) Calculation of notice period. Notice periods are calculated from the date of receipt by the licensee being notified. If notification is by mail, the date of receipt is evidenced by the return receipt on certified mail. If notification is by fax, the date of receipt is evidenced by the notifying party’s fax transmission confirmation log. If notification is by e-mail, the date of receipt is evidenced by a return e-mail receipt. If the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means, that agreement must specify the method for determining the beginning of the notice period. (e) Duty to cooperate. WCS licensees must cooperate in good faith in the selection and use of new station sites and new frequencies to reduce interference and make the most effective VerDate Mar<15>2010 12:40 Jul 30, 2010 Jkt 220001 use of the authorized facilities. WCS licensees should provide SDARS licensees as much lead time as practicable to provide ample time to conduct analyses and opportunity for prudent base station site selection prior to WCS licensees entering into real estate and tower leasing or purchasing agreements. WCS licensees must have sufficient operational flexibility in their network design to implement one or more technical solutions to remedy harmful interference. Licensees of stations suffering or causing harmful interference must cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Wireless Telecommunications Bureau, in consultation with the Office of Engineering and Technology and the International Bureau, will consider the actions taken by the parties to mitigate the risk of and remedy any alleged interference. In determining the appropriate action, the Bureau will take into account the nature and extent of the interference and act promptly to remedy the interference. The Bureau may impose restrictions on WCS licensees, including specifying the transmitter power, antenna height, or other technical or operational measures to remedy the interference, and will take into account previous measures by the licensees to mitigate the risk of interference. 14. Section 27.73 is added to read as follows: § 27.73 WCS, AMT, and Goldstone coordination requirements. This section requires Wireless Communications Services (WCS) licensees in the 2345–2360 MHz band to coordinate the deployment of base stations with Aeronautical Mobile Telemetry (AMT) facilities in the 2360– 2395 MHz band; and to take all practicable steps necessary to minimize the risk of harmful interference to AMT facilities. (a) Wireless Communications Service (WCS) licensees operating base stations in the 2345–2360 MHz band shall, prior to operation of such base stations, achieve a mutually satisfactory coordination agreement with the Aerospace and Flight Test Radio Coordinating Council (AFTRCC) for any AMT receiver facility within 45 kilometers or the radio line of sight, whichever distance is larger, of the intended WCS base station location. This coordination is necessary to protect AMT receive systems consistent with Recommendation ITU–R M.1459. The locations of the current and planned PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Federal and non-Federal AMT receiver sites may be obtained from AFTRCC. (b) WCS licensees operating base stations in the 2305–2320 MHz band shall, prior to operation of such base stations, achieve a mutually satisfactory coordination agreement with the National Aeronautics and Space Administration (NASA) within 145 kilometers of the Goldstone, CA earth station site (35°25′33″ N, 116°53′23″ W). (c) After base station operations commence, upon receipt of a complaint of harmful interference, the WCS licensee(s) receiving the complaint, no matter the distance from the NASA Goldstone, CA earth station or from an AMT site, operating in the 2305–2320 or 2345–2360 MHz bands, respectively, shall take all practicable steps to immediately eliminate the interference. (d) Duty to cooperate. WCS licensees, AFTRCC, and NASA must cooperate in good faith in the coordination and deployment of new facilities. WCS licensees must also cooperate in good faith in the selection and use of new station sites and new frequencies when within radio line of site of AMT receiver facilities to reduce the risk of harmful interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference must cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Wireless Telecommunications Bureau, in consultation with the Office of Engineering and Technology and the National Telecommunications and Information Administration may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations. [FR Doc. 2010–18803 Filed 7–30–10; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE Defense Federal Acquisition Regulations System 48 CFR Parts 205, 207, 208, 209, 211, 215, 216, 217, 219, 225, 228, 232, 237, 246, 250, and 252 RIN 0750–AG41 Defense Federal Acquisition Regulation Supplement; Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2009–D003) Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: E:\FR\FM\02AUR1.SGM 02AUR1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Rules and Regulations]
[Pages 45058-45072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18803]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, and 27

[WT Docket No. 07-293; IB Docket No. 95-91; GEN Docket No. 90-357; RM-
8610; FCC 10-82]

Operation of Wireless Communications Services in the 2.3 GHz
Band; Establishment of Rules and Policies for the Digital Audio Radio
Satellite Service in the 2310-2360 MHz Frequency Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission amends its rules to enable
the deployment of mobile broadband services in the Wireless
Communications Services (WCS) while limiting the potential for harmful
interference to satellite radio users, aeronautical mobile telemetry
(AMT) operations, and the Deep Space Network (DSN) research facility in
Goldstone, CA. In addition, the Commission establishes enhanced
performance requirements to ensure that WCS licensees use the spectrum
intensively in the public interest. The Commission also adopts
technical rules governing the operation of Satellite Digital Audio
Radio Service (SDARS) terrestrial repeaters that will not constrain
their function or deployment but will limit the potential for
interference to adjacent-band WCS spectrum users, a blanket licensing
regime for repeaters operating up to 12 kilowatts (kW) average
equivalent isotropically radiated power (EIRP) that will facilitate
their deployment, and rules that will ensure that SDARS repeaters
remain truly complementary to a satellite-based service and are not
used to transmit local programming or advertising.

DATES: Effective September 1, 2010, except for amendments to Sec. Sec.
25.144(e)(3), 25.144(e)(8), 25.144(e)(9), 25.263(b), 25.263(c),
27.14(p)(7), 27.72(b), 27.72(c), 27.73(a), and 27.73(b), which contain
information collection requirements that are not effective until
approved by the Office of Management and Budget. The Commission will
publish a document in the Federal Register announcing the effective
dates for those sections.

FOR FURTHER INFORMATION CONTACT: WCS technical information: Thomas
Derenge, Thomas.Derenge@fcc.gov, Mobility Division, Wireless
Telecommunications Bureau, (202) 418-2451. WCS legal information:
Richard Arsenault, Richard.Arsenault@fcc.gov, Mobility Division,
Wireless Telecommunications Bureau, (202) 418-0920. SDARS technical
information: Chip Fleming, Chip.Fleming@fcc.gov, Engineering Branch,
Satellite Division, International Bureau, (202) 418-1247. SDARS legal
information: Stephen Duall, Stephen.Duall@fcc.gov, Policy Branch,
Satellite Division, International Bureau, (202) 418-1103. For
additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, contact
Richard Arsenault at (202) 418-0920, or via the Internet at
Richard.Arsenault@fcc.gov and Stephen Duall at (202) 418-1103, or via
the Internet at Stephen.Duall@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order and Second Report and Order, WT Docket No. 07-293, IB Docket
No. 95-91, GEN Docket No. 90-357, RM-8610, FCC 10-82, adopted and
released on May 20, 2010. The full text of this document is available
on the Commission's Internet site at www.fcc.gov. It is also available
for inspection and copying during regular business hours in the FCC
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC
20554. The full text of this document also may be purchased from the
Commission's duplication contractor, Best Copy and Printing Inc.,
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554;
telephone (202) 488-5300; fax (202) 488-5563; e-mail FCC@BCPIWEB.COM.

Paperwork Reduction Act of 1995 Analysis

This document adopts new or revised information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13 (44 U.S.C. 3501-3520). The requirements will be
submitted to the Office of Management and Budget (OMB) for

[[Page 45059]]

review under section 3507(d) of the PRA. The Commission will publish a
separate notice in the Federal Register inviting comment on the new or
revised information collection requirements adopted herein. The
requirements will not go into effect until OMB has approved them and
the FCC has published a notice announcing the effective date of the
information collection requirements. In addition, we note 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.'' In this
present document, we have assessed the potential effects of the various
policy changes with regard to information collection burdens on small
business concerns, and find that these requirements will benefit WCS
licensees with fewer than 25 employees. In addition, we have described
impacts that might affect small businesses, including most businesses
with fewer than 25 employees, in the Final Regulatory Flexibility
Analysis (FRFA) below.

Summary of the Report and Order

1. The current part 27 rules effectively preclude Wireless
Communications Services (WCS) licensees from providing mobile broadband
services, and the current part 25 rules do not provide technical rules
or a licensing regime for SDARS terrestrial repeaters, which are
currently authorized pursuant to grants of special temporary authority
on a non-interference basis. In the Report and Order in WT Docket No.
07-293, the Commission adopted final rules for the WCS that will modify
the technical rules governing the operation of WCS mobile and portable
devices and thereby provide WCS licensees with the ability to offer
mobile broadband services, while limiting the potential for harmful
interference to incumbent services operating in adjacent bands. In the
Second Report and Order in IB Docket No. 95-91, the Commission adopted
technical rules governing the operation of SDARS terrestrial repeaters
that will not impede their deployment or function, but will limit the
potential for harmful interference to adjacent bands' WCS spectrum
users, and adopted a blanket-licensing regime for SDARS repeaters to
promote their flexible deployment.
2. Specifically, the Report and Order adopted in WT Docket No. 07-
293 establishes a regulatory framework for the co-existence of SDARS
and WCS licensees in the 2305-2360 MHz (2.3 GHz) frequency band. The
Report and Order modified the rules governing WCS operations to allow
the operation of mobile and portable stations at power levels of up to
250 milliwatts (mW) average equivalent isotropically radiated power
(EIRP) per 5 megahertz in WCS Blocks A and B and in the portions of WCS
Blocks C and D that are separated by 2.5 megahertz from the edges of
the SDARS band at 2320-2345 MHz (i.e., 2305-2317.5 and 2347.5-2360
MHz). WCS mobile and portable devices are not permitted to operate in
the 2.5-megahertz portions of the WCS C and D blocks closest to the
SDARS band (i.e., 2317.5-2320 and 2345-2347.5 MHz). WCS mobile and
portable devices using time division duplex (TDD) technology are
limited to a duty cycle of 38 percent. WCS mobile and portable devices
using frequency division duplex (FDD) technology are limited to a duty
cycle of 25 percent in the lower WCS A and B blocks and 12.5 percent in
the 2.5-megahertz portion of the WCS C block furthest from the SDARS
band edge, and are restricted to transmitting in the 2305-2317.5 MHz
band. Fixed WCS customer premises equipment (CPE) devices are limited
to a peak EIRP of 20 watts per 5 megahertz. WCS mobile, portable, and
fixed CPE devices must also employ automatic transmit power control
(ATPC) when operating so the devices use the minimum power necessary
for successful communications.
3. Additionally, under the new rules adopted in the Report and
Order, for WCS mobile and portable devices, and fixed WCS CPE devices
operating with an average EIRP of 2 watts per 5 megahertz or less, the
out-of-band emissions (OOBE), as measured over a 1-megahertz resolution
bandwidth, must be attenuated below the transmitter power P by a factor
not less than 43 + 10 log (P) decibels (dB) on all frequencies between
2305-2317.5 MHz and on all frequencies between 2347.5-2360 MHz that are
outside the licensed band of operation, not less than 55 + 10 log (P)
dB in the 2320-2324/2341-2345 MHz bands, not less than 61 + 10 log (P)
dB in the 2324-2328/2337-2341 MHz bands, and not less than 67 + 10 log
(P) dB in the 2328-2337 MHz band, where P is the transmitter output
power in watts. OOBE for these devices must also be attenuated by a
factor of not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not
less than 55 + 10 log (P) dB at 2300 MHz, not less than 61 + 10 log (P)
dB at 2296 MHz, not less than 67 + 10 log (P) dB at 2292 MHz, and not
less than 70 + 10 log (P) dB below 2288 MHz and above 2365 MHz.
4. WCS base and fixed stations in WCS Blocks A and B (i.e., 2305-
2315 and 2350-2360 MHz) will be permitted to operate with up to 2
kilowatts (kW) average EIRP per 5 megahertz with a 13 dB peak-to-
average power ratio (PAPR). Base and fixed stations in WCS Blocks C and
D (i.e., 2315-2320 and 2345-2350 MHz) are limited to the 2 kW per 5
megahertz peak EIRP limit currently specified in our rules. WCS base
stations supporting FDD mobile and portable operations are restricted
to transmitting in the 2345-2360 MHz band. For WCS base and fixed
stations, and fixed WCS CPE operating with an average EIRP greater than
2 watts per 5 megahertz, the OOBE must be attenuated below the
transmitter power P by a factor of not less than 43 + 10 log (P) dB on
all frequencies between 2305-2320 MHz and on all frequencies between
2345-2360 MHz that are outside the licensed band of operation, not less
than 75 + 10 log (P) dB on all frequencies in the 2320-2345 MHz band,
not less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55
+ 10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300
and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5
MHz, and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370
MHz.
5. The Report and Order also establishes enhanced performance
requirements to ensure that WCS licensees use the spectrum intensively
in the public interest. For mobile and point-to-multipoint services,
licensees must serve 40 percent of a license area's population within
42 months, and 75 percent within 72 months. For fixed point-to-point
services, licensees must construct and operate 15 point-to-point links
per million persons in a license area within 42 months, and 30 links
within 72 months. Licensees will not be required to satisfy submarket
construction requirements. In those license areas where licensees must
coordinate with aeronautical mobile telemetry (AMT) receive sites to
serve a significant percentage of a market's total population, the
Commission established alternative requirements for mobile and point-
to-multipoint services. Specifically, affected licensees must serve 25
(rather than 40) percent of the population within 42 months, and 50
(rather than 75) percent within 72 months.
6. The Second Report and Order in IB Docket No. 95-91 adopted rules
for the operation of SDARS terrestrial repeaters, including adopting a
power limit of 12 kW average EIRP, with a maximum

[[Page 45060]]

PAPR of 13 dB. It also requires repeaters operating at power levels
greater than 2 W average EIRP to attenuate their OOBE by a factor not
less than 90 + 10 log (P) dB over a 1-megahertz resolution bandwidth.
Repeaters operating at power levels of 2 W or less average EIRP must
attenuate their OOBE by a factor not less than 75 + 10 log (P) dB over
a 1-megahertz resolution bandwidth. Repeaters may operate at levels
greater than 12 kW average EIRP, or with lesser OOBE attenuation
levels, until the SDARS licensee is notified in writing by a
potentially affected WCS licensee that it has commenced commercial
service already, or that it intends to commence commercial service
within 365 days following the notice. The SDARS licensee will then have
180 days from the date it receives the written notice to bring
repeaters in the area of the potentially affected WCS licensee into
compliance with the 12 kW average EIRP power limit and the OOBE
attenuation levels adopted in the Second Report and Order.
7. The Second Report and Order also established a blanket licensing
regime for repeaters operating up to 12 kW average EIRP with a maximum
peak-to-average power ratio (PAPR) of 13 dB. As part of the application
for a blanket license to operate SDARS repeaters, the SDARS licensee
must specify the maximum number of repeaters that will be deployed
under the authorization at (1) power levels equal to or less than 2 W
average EIRP, and (2) power levels greater than 2 W average EIRP (up to
12 kW average EIRP). The application must also identify the space
station(s) with which the terrestrial repeaters will communicate, the
frequencies and emission designations of such communications, and the
frequencies and emission designations used to re-transmit the received
signals. The application must also include a certification that the
proposed SDARS repeater operations will comply with all the rules
adopted for such operations. The fees associated with SDARS terrestrial
repeater filings shall be those associated with filing for Fixed-
Satellite Service (FSS) Very Small Aperture Terminal (VSAT) systems in
Sec. 1.1107 of the Commission's rules. Repeater operations that do not
comply with the rules adopted for SDARS repeaters operations are not
eligible for blanket licensing and must be licensed on a site-by-site
basis.
8. The Second Report and Order requires SDARS licensees to notify
potentially affected WCS licensees prior to the deployment of new or
modified SDARS terrestrial repeaters. As part of this requirement,
SDARS licensees must share with WCS licensees certain technical
information at least 10 business days before operating a new repeater,
and at least 5 business days before operating a modified repeater.
SDARS licensees must also provide potentially affected WCS licensees an
inventory of their repeater infrastructure and must make this inventory
available to the Commission upon request.
9. The Second Report and Order adopts other rules governing SDARS
terrestrial repeaters. Only entities holding or controlling SDARS space
station licenses may construct and operate SDARS repeaters and only in
conjunction with at least one SDARS space station that is concurrently
authorized and transmitting directly to subscribers. SDARS licensees
may operate terrestrial repeaters in Alaska, Hawaii, and other U.S.
Territories and Possessions that are not within the service footprint
of SDARS satellites. Environmental evaluations are required for outdoor
SDARS repeaters operating at over 1,640 W EIRP, and for indoor
repeaters operating at over 2 W EIRP. SDARS repeaters must comply with
the Commission's radiofrequency (RF) safety rules in part 1, subpart I,
and the Commission's rules regarding the marking and lighting of
antenna structures in part 17. SDARS repeater operations must comply
with international agreements between the U.S. Government and the
administrations of Canada and Mexico regarding the operations of SDARS
terrestrial repeaters. SDARS repeaters are required to be authorized
under the Commission's equipment Certification procedure before they
are imported or commercially distributed in the United States, and
Certification tests must be completed in accordance with prescribed
procedures.
10. SDARS repeaters are also restricted to the simultaneous
retransmission of the complete programming, and only that programming,
transmitted by the SDARS licensee's satellite directly to the SDARS
licensee's subscribers' receivers, and may not be used to distribute
any information not also transmitted to all subscribers' receivers.
SDARS operators may not use SDARS repeaters to retransmit regional spot
beams.
11. As part of the Second Report and Order, the Commission also
denied the petitions for reconsideration of the 1997 SDARS Order filed
by the Consumer Electronics Manufacturing Association (CEMA) and the
Cellular Phone Taskforce.

Final Regulatory Flexibility Analysis

Report and Order in WT Docket No. 07-293.
12. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ Initial Regulatory Flexibility Analyses (IRFA) were
incorporated in the Notice of Proposed Rulemaking (2007 Notice),\2\ as
well as the WCS Performance Public Notice \3\ in WT Docket No. 07-293.
The Commission sought written public comment on the proposals in the
2007 Notice and WCS Performance Public Notice, including comment on the
IRFAs. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.\4\
---------------------------------------------------------------------------

\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law No. 104-121, Title II, 110 Stat. 857
(1996).
\2\ See Amendment of Part 27 of the Commission's Rules to Govern
the Operation of Wireless Communications Services in the 2.3 GHz
Band and Establishment of Rules and Policies for the Digital Audio
Radio Satellite Service in the 2310-2360 MHz Frequency Band, Notice
of Proposed Rulemaking and Second Further Notice of Proposed
Rulemaking, WT Docket No. 07-293 and IB Docket No. 95-91, 22 FCC Rcd
22123, 22156-22159 (2007) (``2007 Notice'').
\3\ See ``Federal Communications Commission Requests Comment on
Revision of Performance Requirements for 2.3 GHz Wireless
Communications Service,'' WT Docket No. 07-293, Public Notice, FCC
10-46 (rel. March 29, 2010) (WCS Performance Public Notice).
\4\ See 5 U.S.C. 604. A Final Regulatory Flexibility Analysis of
the Second Report and Order in IB Docket No. 95-91 is contained in a
separate appendix.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Report and Order

13. In this Report and Order, the Commission takes a number of
steps to facilitate deployment of mobile broadband products and
services in the 2305-2320 MHz and 2345-2360 MHz Wireless Communications
Service (WCS) bands, while safeguarding from harmful interference
satellite radio services, which are provided in the interstitial 2320-
2345 MHz Satellite Digital Radio Service (SDARS) band. These steps are
set forth below in paragraphs 14-21.
14. In this Report and Order, the objective of the Commission is to
resolve the issue of potential interference between the proposed
simultaneous and potentially conflicting operations of SDARS and WCS
licensees by establishing a regulatory framework that allows such
licensees in the 2305-2360 MHz frequency band to co-exist.
Specifically, the Commission revises certain power and out-of-band
emissions (OOBE) rules applicable to WCS licensees.

[[Page 45061]]

15. Mobile and Portable (Handheld) Power Limits. Upon careful
consideration of the technical analyses submitted in the record, the
Commission revises the power limits for mobile and portable device
operations in all WCS spectrum blocks. Noting that mobile handheld
devices operating in other services typically employ up to
approximately 250 milliwatts (mW) of power, the Commission establishes
a power limit of 250 mW per 5-megahertz average equivalent
isotropically radiated power (EIRP) for the WCS A and B blocks and for
the lower 2.5 megahertz of the WCS C Block and the upper 2.5 megahertz
of the WCS D Block, limited to 50 mW/MHz of EIRP. The Report and Order,
however, prohibits WCS mobile and portable devices from operating in
the upper 2.5 megahertz of the WCS C Block and the lower 2.5 megahertz
of the WCS D block in light of the immediate adjacency of those blocks
to the SDARS band. The Commission concludes that these restrictions are
needed to provide added protection to SDARS receivers in the 2320-2345
MHz band.
16. Mobile and Portable Emission Limits. Noting that the existing
110 + 10 log (P) dB out-of-band emissions (OOBE) attenuation applicable
to WCS mobile equipment \5\ is so restrictive such that, in effect, no
mobile operation is feasible, the Commission lowers the applicable
emission limits to provide WCS licensees greater flexibility. The
Report and Order revises OOBE rules to require that a WCS mobile or
portable device attenuate its output emissions below the transmitter
power P by a factor of not less than 43 + 10 log (P) dB in the 2305-
2317.5 MHz and 2347.5-2360 MHz bands on frequencies that are outside
the licensed band of operation, not less than 55 + 10 log (P) dB in the
4 megahertz of SDARS spectrum nearest the WCS band (i.e., 2320-2324 MHz
and 2341-2345 MHz), 61 + 10 log (P) dB in the center 4 megahertz of
each SDARS assignment (2324-2328 MHz and 2337-2341 MHz), and 67 + 10
log (P) dB in the spectrum shared by SDARS operators (2328-2337 MHz).
These revised OOBE limits are intended to minimize the potential for
interference to satellite radio users in the vast majority of
circumstances, while enabling WCS licensees to deliver vital mobile
broadband services to the public. To limit the potential for
interference to Deep Space Network (DSN) operations in the 2290-2300
MHz band and Aeronautical Mobile Telemetry (AMT) operations in the
2360-2395 MHz band, WCS mobile and portable devices OOBE must be
attenuated by a factor of not less than 43 + 10 log (P) dB at 2305 and
2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less than
61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P) dB at
2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above
2365 MHz.
---------------------------------------------------------------------------

\5\ See 47 CFR 27.53(a)(2).
---------------------------------------------------------------------------

17. Base and Fixed Station Power and OOBE Limits. In order to
appropriately balance the interests of both SDARS and WCS, the
Commission concludes that base and fixed station power limits for the
WCS C and D blocks should not be revised. Because of the proximity of
the C and D blocks to the SDARS band, the Commission agrees with SDARS
licensees that the current 2,000 Watts (W) peak EIRP limit applicable
to these blocks should be retained. However, the Report and Order
revises the power limit for base and fixed station operations in WCS
Blocks A and B from the current 2,000 Watts peak EIRP limit to 2,000 W
over 5 megahertz (400 W/MHz), which will be measured on an average
basis with a maximum peak-to-average power ratio (PAPR) of 13 dB. This
approach, combined with the 250 mW average EIRP limit for WCS mobile
and portable devices and the related OOBE limit for emissions into the
SDARS band, will provide the technical flexibility for WCS licensees in
these blocks to deploy much needed broadband services to the public
with minimal impact on satellite radio users.
18. Additionally, in the Report and Order, the Commission also
seeks to provide WCS licensees with greater flexibility with regard to
emission limits by adopting for WCS bases and fixed stations an OOBE
attenuation factor of not less than 43 + 10 log (P) dB on all
frequencies between 2305-2320 MHz and on all frequencies between 2345-
2360 MHz that are outside the licensed band of operation, and not less
than 75 + 10 log (P) dB below the transmitter power P, as measured over
a 1-megahertz resolution bandwidth, on frequencies in the SDARS band at
2320-2345 MHz. In addition, to protect DSN operations in the 2290-2300
MHz band and AMT operations in the 2360-2395 MHz band, WCS base and
fixed stations' OOBE must be attenuated by a factor of not less than 43
+ 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB
at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300 and 2365 MHz,
not less than 72 + 10 log (P) dB at 2287.5 and 2367.5 MHz, and not less
than 75 + 10 log (P) dB below 2285 MHz and above 2370 MHz.
19. Fixed Customer Premises Equipment (CPE) Power and OOBE Limits.
In the Report and Order, the Commission maintains the current mobile
transmitter power limit of 20 W per 5-megahertz peak EIRP for WCS fixed
CPE devices. The Commission notes that there have not been any
significant reports of interference to SDARS operations resulting from
currently authorized equipment, and does not expect SDARS operations to
experience any appreciable increase in interference from these WCS
operations if the current limit is retained. Moreover, the Commission
believes that continuing to allow WCS fixed CPE devices to use up to 20
W per 5-megahertz EIRP will enhance the provision and quality of
service in rural areas, where subscribers are often located significant
distances from WCS licensees' serving base stations.
20. Additionally, the Commission adopted, for WCS fixed CPE devices
operating above 2 Watts per 5-megahertz average EIRP, an OOBE
attenuation factor of not less than 43 + 10 log (P) dB on all
frequencies between 2305-2320 MHz and on all frequencies between 2345-
2360 MHz that are outside the licensed band of operation, not less than
75 + 10 log (P) dB on all frequencies in the 2320-2345 MHz band, not
less than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 +
10 log (P) dB at 2362.5 MHz, not less than 70 + 10 log (P) dB at 2300
and 2365 MHz, not less than 72 + 10 log (P) dB at 2287.5 and 2367.5
MHz, and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370
MHz.
21. For lower power CPE devices operating at or below 2 W per 5-
megahertz average EIRP, the Commission further relaxed the OOBE
attenuation levels measured over a 1-meghaertz resolution bandwidth to
the levels it adopted for mobile devices: not less than 43 + 10 log (P)
dB in the 2305-2320 MHz and 2345-2360 MHz bands on frequencies that are
outside the licensed band of operation, not less than 55 + 10 log (P)
dB in the 2320-2324 MHz and 2341-2345 MHz bands, not less than 61 + 10
log (P) dB in the 2324-2328 MHz and 2337-2341 MHz bands, not less than
67 + 10 log (P) dB in the 2328-2337 MHz band, not less than not less
than 43 + 10 log (P) dB at 2305 and 2360 MHz, not less than 55 + 10 log
(P) dB at 2300 MHz, not less than 61 + 10 log (P) dB at 2296 MHz, not
less than 67 + 10 log (P) dB at 2292 MHz, and not less than 70 + 10 log
(P) dB below 2288 and above 2365 MHz.
22. Notification Requirement. The Report and Order adopted a new
rule Sec. 27.72, which will require WCS licensees to notify, and share
certain technical information with, SDARS licensees 10 business days
prior to

[[Page 45062]]

commencing operation of a base station and 5 business days prior to
commencing operation of a modified base station, to avoid potential
interference to SDARS operations. The Report and Order also requires
WCS licensees to provide SDARS licensees an inventory of their deployed
infrastructure consistent with, and within 30 days of the effective
date of Sec. 27.72.
23. Protection of Deep Space Network and Aeronautical Mobile
Telemetry Operations. Further, the Commission adopts measures to
protect Deep Space Network (DSN) operations in the 2290-2300 MHz band,
as well as Aeronautical Mobile Telemetry (AMT) operations in the 2360-
2395 MHz band. To protect DSN operations in the 2290-2300 MHz band, the
Report and Order adopts a combination of reasonable OOBE limits and a
coordination distance of 145 km for WCS base stations. Similarly, the
Commission also adopted revised OOBE limits for emissions into the
2360-2395 MHz band, and requires WCS licensees to coordinate with AMT
entities in circumstances where a WCS base station is within 45
kilometers or line of sight from an AMT receiver, whichever distance is
greater. The Commission finds that these measures provide appropriate
protection for operations below 2305 MHz and above 2360 MHz yet give
WCS licensees sufficient flexibility to deploy mobile broadband
services.
24. WCS Performance Requirements. The Commission also adopted
enhanced performance requirements, which will further the public
interest by promoting the rapid deployment of new broadband services to
the American public. Specifically, WCS licensees providing mobile or
point-to-multipoint services must provide reliable signal coverage to
40 percent of a license area's population within 42 months, and 75
percent of a license area's population within 72 months. Further, the
Report and Order requires that WCS licensees deploying point-to-point
fixed services construct and operate 15 point-to-point links per
million persons in a license area within 42 months, and 30 point-to-
point links per million persons in a license area within 72 months,
together with a minimum payload capacity.
25. The Commission establishes alternative performance requirements
for license areas where WCS licensees providing mobile or point-to-
multipoint services must coordinate with aeronautical mobile telemetry
(AMT) entities to serve a significant percentage of a market's total
population. Specifically, in any license area where 25 percent or more
the population is within an AMT zone, affected licensees must serve 25
percent (rather than 40) of the population within 42 months, and 50
percent (rather than 75) within 72 months. Because it will be easier to
coordinate point-to-point systems in the vicinity of AMT receive sites,
the Report and Order does not find it necessary to reduce the
applicable construction thresholds for point-to-point facilities.

B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA

26. No comments were received in response to the IRFAs in the 2007
Notice and the WCS Performance Public Notice.

C. Description and Estimate of the Number of Small Entities To Which
the Rules Will Apply

27. 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.'' \6\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\7\ 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).\8\ A small organization is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' \9\ Below, the
Commission further describes and estimates the number of small entity
licensees and regulatees that may be affected by the rules changes
explored in the Notices.
---------------------------------------------------------------------------

\6\ See 5 U.S.C. 601(6).
\7\ See 5 U.S.C. 601(3) (incorporating by reference the
definition of ``small business concern'' in 15 U.S.C. 632). Pursuant
to the RFA, the statutory definition of a small business applies
unless an agency, after consultation with the Office of Advocacy of
the Small Business Administration and after opportunity for public
comment, establishes one or more definitions which are appropriate
to the activities of the agency and publishes such definition(s) in
the Federal Register.
\8\ See Small Business Act, 5 U.S.C. 632 (1996).
\9\ See 5 U.S.C. 601(4).
---------------------------------------------------------------------------

28. 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.\10\ 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.
---------------------------------------------------------------------------

\10\ See 13 CFR 121.201, NAICS code 517110
---------------------------------------------------------------------------

29. RF Equipment Manufacturers. The Census Bureau defines this
category as follows: ``This industry comprises establishments primarily
engaged in manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' \11\ The SBA has developed a small business
size standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: All such firms having
750 or fewer employees.\12\ According to Census Bureau data for 2002,
there were a total of 1,041 establishments in this category that
operated for the entire year.\13\ Of this total, 1,010 had employment
of under 500, and an additional 13 had employment of 500 to 999.\14\
Thus, under this size standard, the majority of firms can be considered
small.
---------------------------------------------------------------------------

\11\ U.S. Census Bureau, 2002 NAICS Definitions, ``334220 Radio
and Television Broadcasting and Wireless Communications Equipment
Manufacturing''; https://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342.
\12\ See 13 CFR 121.201, NAICS code 334220.
\13\ U.S. Census Bureau, American FactFinder, 2002 Economic
Census, Industry Series, Industry Statistics by Employment Size,
NAICS code 334220 (released May 26, 2005); https://factfinder.census.gov. The number of ``establishments'' is a less
helpful indicator of small business prevalence in this context than
would be the number of ``firms'' or ``companies,'' because the
latter take into account the concept of common ownership or control.
Any single physical location for an entity is an establishment, even
though that location may be owned by a different establishment.
Thus, the numbers given may reflect inflated numbers of businesses
in this category, including the numbers of small businesses. In this
category, the Census breaks-out data for firms or companies only to
give the total number of such entities for 2002, which were 929.
\14\ Id. An additional 18 establishments had employment of 1,000
or more.
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities

30. The Report and Order imposes certain changes in projected
reporting,

[[Page 45063]]

record keeping, and other compliance requirements. These changes affect
small and large companies equally. With respect to coordination
requirements in circumstances where WCS licensees are within certain
distances from AMT operations, the Report and Order requires WCS and
AMT entities to cooperate in good faith in order to minimize the
likelihood of harmful interference, make the most effective use of
facilities, as well as to resolve actual instances of harmful
interference. The Report and Order also requires coordinating parties
to share accurate and relevant information in a timely and efficient
manner. Parties unable to reach a mutually acceptable coordination
agreement may approach the Wireless Telecommunications Bureau, which,
in cooperation with the Office of Engineering and Technology and the
National Telecommunications & Information Administration (NTIA), may
impose restrictions on operating parameters such as the transmitter
power, antenna height, or area or hours of operation of the stations.
Deadlines may also be imposed if it appears that parties are unable to
reach a mutually acceptable arrangement within a reasonable time
period.
31. The Report and Order requires that WCS licensees demonstrate
compliance with any revised performance requirements by filing a
construction notification within 15 days of the relevant benchmark and
certifying that they have met the applicable performance requirements.
The Report and Order requires 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. Further, the electronic
coverage maps must clearly and accurately depict the boundaries of each
license area (Regional Economic Area Grouping, REAG, or Major Economic
Area, MEA) in the licensee's service territory, with REAG maps
depicting MEA boundaries, and MEA maps depicting Economic Area
boundaries. The Report and Order provides that 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. These procedures direct each
licensee to 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. Further, the compliance procedures 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.
32. Other than these requirements, as well as the notification
obligations discussed above, there are no other specific reporting or
recordkeeping requirements adopted in the Report and Order.

E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered

33. 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.\15\
---------------------------------------------------------------------------

\15\ See 5 U.S.C. 603(c).
---------------------------------------------------------------------------

34. The Commission's principal objective in this proceeding is to
enable the provision of promising mobile broadband services to the
public in the WCS spectrum to the maximum extent practicable, while
ensuring that satellite radio operations are not unreasonably impacted
by the Commission's actions. Adopting overly stringent technical rules
for WCS to protect SDARS operations from interference will preclude WCS
mobile operation, while liberalizing the WCS rules too much will result
in harmful interference and disruption to SDARS service. Such results
would cause significant adverse economic impact on either WCS
licensees, which include small entities, or on SDARS operations.\16\
Accordingly, the Commission has considered various alternatives, as
described below, in order to best provide WCS licensees, including
small-entity WCS licensees, with the flexibility to provide mobile
service, while also protecting against disruptions to SDARS operations
due to harmful interference.
---------------------------------------------------------------------------

\16\ There are no satellite radio licensees that are considered
small entities for the purposes of the RFA.
---------------------------------------------------------------------------

35. Mobile and Portable (Handheld) Device Power Limits. In response
to the 2007 Notice's request for comment regarding applicable mobile
and portable device power limits, the WCS Coalition argues that, in
conjunction with the use of certain OOBE limits (described below),
mobile and portable devices should be permitted to operate at a maximum
of 250 mW average EIRP, and subject to the use of transmit power
control mechanisms. In contrast, SDARS licensees initially proposed
that WCS mobile and portable devices operating on WCS Blocks A and B
should be limited to 10 mW EIRP, and that mobile and portable devices
operating in WCS Blocks C and D should be limited to 1 mW EIRP. More
recently, Sirius XM Radio, Inc., a SDARS licensee,\17\ advocates that
no change be made to current technical restrictions for mobile and
portable devices on the C and D blocks. After a review of the technical
analyses submitted by the parties, the Commission determines that a
power level of 250 mW per 5-megahertz average EIRP for Blocks A and B
and for the lower 2.5 megahertz of the WCS C Block and upper 2.5
megahertz of the WCS D Block, limited to 50 mW/MHz of EIRP, using ATPC
and subject to the OOBE limit discussed below, should allow adequate
user reception of satellite radio, while also enabling WCS licensees,
including small entities, to provide valuable mobile services to the
public. Further, the Commission believes that prohibiting mobile and
portable devices from transmitting in the 2.5 megahertz portions of the
WCS C and D Blocks closest to the SDARS band will further limit the
potential for harmful interference to SDARS receivers in the 2320-2345
MHz band. The Commission believes that its overall approach strikes the
appropriate balance between the WCS Coalition's request that the
Commission adopt a 250 mW average EIRP limit for mobile and portable
stations in WCS Blocks A and B and the 2.5 megahertz portions of WCS
Blocks C and D furthest from the SDARS band, and its reduced stepped
power levels for WCS Blocks C and D, and SDARS licensees' proposals for
the WCS band.
---------------------------------------------------------------------------

\17\ Sirius XM Radio, Inc. (Sirius XM), formerly Sirius
Satellite Radio, Inc.
---------------------------------------------------------------------------

36. Mobile and Portable Device Out-of-Band Emission Limits. In the
2007 Notice, the Commission asked interested parties to address how the
WCS industry would be affected if the Commission were to retain the
current out-of-band emission (OOBE) limits of 110 + 10 log (P) dB for
mobile and portable devices, and whether the limit

[[Page 45064]]

should be revised. In response, the WCS Coalition argued that the
current limit is too restrictive, and proposed that the Commission
adopt stepped OOBE limits of 55 + 10 log (P) dB in the 2320-2324 MHz/
2341-2345 MHz bands, 61 + 10 log (P) dB in the 2324-2328 MHz/2337-2341
MHz bands, and 67 + 10 log (P) dB in the 2328-2337 MHz band. Another
WCS licensee, NextWave Wireless (NextWave), advocates relaxing the OOBE
limit to 60 + 10 log (P) dB, while Sirius XM proposes an emission limit
of 86 + 10 log (P) dB.
37. Based on its review of the record in this proceeding, the
Commission determines that it should require that WCS mobile and
portable devices' OOBE be attenuated below the transmitter power P by a
factor of not less than 43 + 10 log (P) dB in the 2305-2317.5 MHz and
2347.5-2360 MHz bands on frequencies that are outside the licensed band
of operation, not less than 55 + 10 log (P) dB in the 2320-2324 MHz and
2341-2345 MHz bands, by 61 + 10 log (P) dB in the 2324-2328 MHz and
2337-2341 MHz bands, and by 67 + 10 log (P) dB in the 2328-2337 MHz
band. In addition, mobile and portable devices' OOBE must be attenuated
by a factor of not less than not less than 43 + 10 log (P) dB at 2305
and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not less
than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log(P) dB at
2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and above
2365 MHz. In adopting these factors, the Commission believes that these
limits will help avoid significant adverse economic impact to the WCS
industry, as well as to SDARS operations by enabling WCS licensees to
provide mobile services that were not viable under the existing rules,
and by permitting SDARS licensees to continue to operate without undue
interference from the WCS band. In addition, these OOBE attenuation
factors will limit the potential for interference to Deep Space Network
(DSN) operations in the 2290-2300 MHz band and Aeronautical Mobile
Telemetry operations in the 2360-2395 MHz band. In adopting the stepped
OOBE limits, the Commission declines to adopt Sirius XM's request for a
more restrictive OOBE limit because such limit would effectively
preclude WCS licensees, including small entities, from deploying mobile
service. The Commission also finds that the proposal by the WCS
Coalition will provide greater overall protection to SDARS operations
than the 60 + 10 log (P) dB) advocated by NextWave. Accordingly,
adoption of the above-specified stepped OOBE limits into the applicable
portions of the 2320-2345 MHz SDARS band best minimizes significant
economic impacts on small, as well as larger, entities.
38. Base Station Power Limits. In the 2007 Notice, the Commission
sought comment on the WCS Coalition's proposal that it revise the
existing 2,000 W (2 kW) EIRP peak power limit with a 2 kW EIRP average
power limit for WCS fixed and base stations. The Commission asked
interested parties to address what impact, if any, adoption of an
average, rather than peak, power limit for WCS would have on the
ability of WCS licensees to deploy new services. In response, the WCS
Coalition reiterates its support of a 2 kW EIRP average power limit,
and states that applying a power limit on an average vs. peak basis
will provide greater interference protection to SDARS operations. In
contrast, SDARS licensees argue that applying an average power limit is
not supported, and that such use will quadruple the amount of harmful
interference to SDARS receivers. Sirius XM prefers the use of ground-
level emission limits to govern transmitting facilities, but would
accept retaining existing power limits measured on a peak basis, or
other traditional power restrictions that offer sufficient protection
to SDARS.
39. Based on its analysis of the record and a balancing of its
objectives in this proceeding, the Commission adopts, in part, the WCS
Coalition's proposal regarding base station power limits for WCS Blocks
A and B, and also adopts in part Sirius XM's proposal regarding base
station power limits in WCS Blocks C and D. The Commission finds that
it is appropriate to modify the WCS Blocks A and B base station limit
to 2 kW EIRP over 5 megahertz (400 W/MHz), which will be measured on an
average basis with a maximum peak-to-average power ratio (PAPR) of
13dB. The Commission finds that these measures will adequately protect
SDARS operations, and concludes that the ground-level emission limits
sought by Sirius XM would be overly complex and burdensome for WCS
licensees, including small entities, to comply with.
40. However, while the Commission concludes that adopting the WCS
proposal is desirable with respect to the A and B blocks, it retains
the power limits for WCS operations in the C and D blocks at 2 kW peak
EIRP over 5 megahertz (400 W/MHz). Because base station operations in
WCS Blocks C and D inherently pose more risk of potential interference
to satellite radio users than would base station operations in Blocks A
and B, which are separated from the SDARS spectrum by at least 5
megahertz, the Commission considers maintaining the current limits
appropriate in order to minimize interference into satellite radio
operations.
41. The Commission expects that both approaches, combined with the
250 mW per 5 megahertz average EIRP limit for WCS mobile and portable
devices and the related OOBE attenuation factors of not less than 43 +
10 log (P) dB in the 2305-2317.5 MHz and 2347.5 MHz bands on
frequencies that are outside the licensed band of operation, not less
than 55 + 10 log (P) dB in the 2320-2324 MHz/2341-2345 MHz bands, 61 +
10 log (P) dB in the 2324-2328 MHz/2337-2341 MHz bands, and 67 + 10 log
(P) dB in the 2328-2337 MHz band, and not less than 43 + 10 log (P) dB
at 2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2300 MHz, not
less than 61 + 10 log (P) dB at 2296 MHz, not less than 67 + 10 log (P)
dB at 2292 MHz, and not less than 70 + 10 log (P) dB below 2288 and
above 2365 MHz, should provide the technical flexibility for WCS
licensees to deploy mobile service, and thereby avoid the adverse
economic impact to WCS licensees, including small entities, that would
occur without the ability to provide such service.
42. Base and Fixed Station OOBE Limits. In the 2007 Notice, the
Commission sought comment on whether Sirius' proposal for a requirement
to limit ground-level emissions would facilitate the deployment of both
SDARS and WCS services to the public. The Commission also sought
comment in the 2007 Notice on the WCS Coalition's proposal to require
both WCS and SDARS licensees to attenuate base stations' OOBE by a
factor of 75 + 10 log (P) dB, as measured over a 1-megahertz resolution
bandwidth. In its comments on the 2007 Notice, the WCS Coalition
reiterated its support for the 75 + 10 log (P) dB attenuation
requirement. Sirius XM also supported relaxing the OOBE attenuation
requirement for WCS base stations to 75 + 10 log (P) dB but with
ground-level emissions limits of 100 dB[micro]V/m for WCS Blocks A and
B and 90 dB[micro]V/M for WCS Blocks C and D.
43. For WCS base and fixed stations, the Commission finds it in the
public interest to adopt an OOBE attenuation factor of 75 + 10 log (P)
dB, as measured over a 1-megahertz resolution bandwidth, on frequencies
in the 2320-2345 MHz band. Both WCS and SDARS licensees urge us to
lower the current 80 + 10 log (P) dB OOBE attenuation factor by 5 dB.
Although Sirius XM also requests that we establish ground-level
emission limits, we decline to adopt

[[Page 45065]]

ground-level emission limits for WCS base stations as proposed by
Sirius XM because of the difficulties associated with characterizing
and quantifying the case-specific propagation environment's effects on
an RF signal's field strength that could influence the interference
potential at each fixed site. The rules that would result from an
attempt to deal with the anomalies associated with field strength
levels, moreover, would be overly complex and difficult for licensees
to comply with and would be difficult, at best, for the Commission to
enforce. Furthermore, we believe that the revised power limits that we
are establishing, together with a 75 + 10 log (P) dB OOBE attenuation
factor in the 2320-2345 MHz band, will provide SDARS operations
reasonable interference protection while affording WCS licensees
additional flexibility to offer mobile services to the public. To
protect DSN and AMT operations at 2290-2300 MHz and 2360-2395 MHz,
respectively, we find it is in the public interest to adopt an OOBE
attenuation factor of not less than 43 + 10 log (P) dB at 2305 and 2360
MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not less than 70 +
10 log (P) dB at 2300 and 2365 MHz, not less than 72 + 10 log (P) dB at
2287.5 and 2367.5 MHz, and not less than 75 + 10 log (P) dB below 2285
and above 2370 MHz.
44. Fixed Customer Premises Equipment (CPE) Power and OOBE Limits.
The Report and Order also resolves power and OOBE limits proposals
relating to WCS fixed CPE devices. The WCS Coalition requests that the
Commission apply to WCS fixed CPE operations a power limit of 20 W
EIRP, and an OOBE attenuation of 75 + 10 log (P) dB. For WCS fixed CPE
devices transmitting at no greater than 2 W average transmitter output
power, the WCS Coalition proposes the same stepped OOBE limit that it
proposes for mobile devices. Sirius XM, on the other hand, proposes
that WCS fixed CPE devices operating above 2 W EIRP be subject to
ground level-based emission limits, and proposes that all WCS fixed CPE
devices' OOBE be attenuated by 75 + 10 log (P) dB regardless of the
device's operating power.
45. The Commission finds it appropriate to maintain the current
mobile transmitter power limit of 20 W per 5-megahertz peak EIRP for
WCS fixed CPE devices because it appears that the existing limit has
not resulted in interference to SDARS operation and provides WCS
licensees with operational flexibility. Also, for WCS CPE operating
with an average EIRP above 2 W per 5 megahertz, the Commission adopts
the 75 + 10 log (P) dB OOBE attenuation factor for frequencies in the
2320-2345 MHz band, noting that both SDARS and WCS licensees propose
that limit, and SDARS licensees have indicated that they are amenable
to a relaxation of the OOBE limit because WCS fixed CPE device
operations pose less risk of interference and disruption to SDARS
licensees. For WCS CPE operating above 2 W per 5-megahertz average
EIRP, the OOBE must be attenuated by a factor of 43 + 10 log (P) dB at
2305 and 2360 MHz, not less than 55 + 10 log (P) dB at 2362.5 MHz, not
less than 70 + 10 log (P) dB at 2300 and 2365 MHz, not less than 72 +
10 log (P) dB at 2287.5 and 2367.5 MHz, and not less than 75 + 10 log
(P) dB below 2285 and above 2370 MHz.
46. Further, in light of the Commission's finding that applying the
stepped OOBE limits to WCS mobile and portable devices will provide
sufficient protection to SDARS operations, as well as the lower
likelihood of interference to SDARS receivers posed by WCS fixed CPE
terminals operating at or below 2 W per 5-megahertz average EIRP, the
Commission adopted the stepped OOBE limit that is applicable to WCS
mobile devices for these CPE as well. For WCS CPE operating at or below
2 W per 5-megahertz average EIRP, the OOBE must be attenuated by a
factor of not less than 43 + 10 log (P) dB in the 2305-2320 MHz and the
2345-2360 MHz bands on frequencies that are outside the licensed band
of operation, 55 + 10 log (P) dB in the 2320-2324 MHz/2341-2345 MHz
bands, 61 + 10 log (P) dB in the 2324-2328 MHz/2337-2341 MHz bands, and
67 + 10 log (P) dB in the 2328-2337 MHz band, and not less than 43 + 10
log (P) dB at 2305 and 2360 MHz, 55 + 10 log (P) dB at 2300 MHz, 61 +
10 log (P) dB at 2296 MHz, 67 + 10 log (P) dB at 2292 MHz, and 70 + 10
log (P) dB below 2288 and above 2365 MHz.
47. Notification Requirement. In the 2007 Notice, the Commission
invited comment regarding the extent to which SDARS and WCS licensees
should be required to coordinate deployments of repeaters and base
stations, respectively. Sirius XM supports a 90-day notice requirement.
Although WCS licensees support measures to encourage SDARS and WCS
licensees to share certain technical information, they oppose the
adoption of a 90-day notice process. The Commission agrees with SDARS
licensees that the public interest will be served by requiring SDARS
and WCS licensees to notify each other prior to deploying or modifying
repeaters or base stations, respectively, but believes that a 90-day
notice requirement as proposed by SDARS licensees to be unduly
burdensome. Accordingly, the Commission will require WCS and SDARS
licensees to share certain technical information at least 10 business
days before operating a new base station or repeater, and at least 5
business days before modifying an existing facility. The Commission
believes that adopting the streamlined notification requirements rather
than the 90-day prior coordination requirement previously advocated by
Sirius XM will enable SDARS and WCS licensees to minimize the potential
for harmful interference between their services while also reducing
administrative as well as economic burdens on all parties.
48. Protection of DSN and AMT Operations. The Report and Order
establishes revised OOBE and coordination rules where WCS base stations
are within certain distances from DSN and AMT operations. The
Commission imposes these requirements in recognition of the possible
effects that WCS operations may have on DSN and AMT entities, which use
sensitive receivers and high gain antennas to receive often weak
signals. The Report and Order concludes that the adoption of reasonable
OOBE and coordination requirements will adequately protect DSN and AMT
operations while enabling WCS entities to construct and operate new
broadband systems. The Commission has reviewed alternatives submitted
by commenters, which, for example, variously call for both more and
less stringent OOBE limits and coordination distances than those that
are being adopted. The Commission concludes, however, that the
requirements that it is adopting best balance the interests of the
interested parties.
49. WCS Performance Requirements. Further, in this Report and
Order, the Commission adopts revised performance requirements for WCS.
The enhanced construction rules the Commission is adopting replace the
substantial service requirement previously placed on WCS licensees with
specific population-based benchmarks. In recognition of difficulties
that may arise in license areas where WCS licensees must coordinate
their facilities with AMT receive sites, the Report and Order reduces
the level of construction required in such markets. The Commission
seeks to establish a buildout requirement that is reasonable and
achievable for WCS licensees, including small entities, but which
encourages rapid and meaningful

[[Page 45066]]

deployment of mobile broadband services. The Commission has considered
alternative performance benchmarks, including requirements using
shorter timeframes, and lower percentages of required construction.
However, the Commission concludes that other alternatives would not
strike the appropriate balance. Further, with respect to the
performance rules, all WCS entities will be required to file
construction notifications to inform the Commission that they have
successfully met the performance requirements described above. The
Commission has reviewed whether there should be other requirements,
such as a formal procedure in which comment would be sought from the
public regarding the construction showings filed by licensees. The
Commission determines, however, that it is not necessary to include
other requirements to the adopted construction notification procedure.
50. Report to Congress: The Commission will send a copy of the
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act.\18\ In addition, the
Commission will send a copy of the Report and Order, including this
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Report and Order and FRFA (or summaries thereof) will also be published
in the Federal Register.
---------------------------------------------------------------------------

\18\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

Final Regulatory Flexibility Certification

Second Report and Order in IB Docket No. 95-91

51. The Regulatory Flexibility Act of 1980, as amended (RFA) \19\
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' \20\ The RFA generally defines ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \21\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\22\ 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).\23\
---------------------------------------------------------------------------

\19\ The RFA, see 5 U.S.C. S 601 et seq., has been amended by
the Contract With America Advancement Act of 1996, Public Law No.
104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
\20\ 5 U.S.C. 605(b).
\21\ 5 U.S.C. 601(6).
\22\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in Small Business Act, 15 U.S.C. S
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\23\ Small Business Act, 15 U.S.C. S 632.
---------------------------------------------------------------------------

52. The rules adopted in this Second Report and Order affect
providers of Satellite Digital Audio Radio Service (SDARS). With
respect to providers of SDARS, i.e. providers of a nationally
distributed subscription radio service, no small entities are affected
by the rules adopted in this Second Report and Order. SDARS is a
satellite service. The SBA has established a size standard for
``Satellite Telecommunications,'' which is that any large satellite
services provider must have an annual revenue of $15.0 million.\24\
Currently, only a single operator, Sirius XM Radio Inc. (``Sirius
XM''), controls licenses to provide SDARS, which requires a great
investment of capital for operation. Sirius XM has annual revenues in
excess of $15.0 million.\25\ Because SDARS requires significant
capital, we believe it is unlikely that a small entity as defined by
the Small Business Administration would have the financial wherewithal
to become an SDARS licensee.
---------------------------------------------------------------------------

\24\ See 13 CFR 121.201, NAICS code 517410.
\25\ Sirius XM reported annual revenue of over $2.47 billion in
2009. See Sirius XM Radio Inc., SEC Form 10-K at 25 (filed Feb. 25,
2010).
---------------------------------------------------------------------------

53. Therefore, since only one large entity is affected by the rules
adopted in this Second Report and Order, we certify that the
requirements of the Second Report and Order will not have a significant
economic impact on a substantial number of small entities. The
Commission will send a copy of the Second Report and Order, including a
copy of this final certification, in a report to Congress pursuant to
the Small Business Regulatory Enforcement Fairness Act of 1996, see 5
U.S.C. 801(a)(1)(A). In addition, the Second Report and Order and this
certification will be sent to the Chief Counsel for Advocacy of the
Small Business Administration, and will be published in the Federal
Register. See 5 U.S.C. 605(b).

Ordering Clauses

54. Pursuant to sections 4(i), 7(a), 303(c), 303(f), 303(g), and
303(r), and 307 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.