The Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, 32901-32906 [2011-14001]
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Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Proposed Rules
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at the Public Works Department, 4700 Drexel Drive, Highland Park, TX 75205.
at the Town Hall, 537 Long Creek Road, Sunnyvale, TX 75182.
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emcdonald on DSK2BSOYB1PROD with PROPOSALS
[WT Docket No. 03–66; RM–11614; FCC 11–
81]
The Provision of Fixed and Mobile
Broadband Access, Educational and
Other Advanced Services in the 2150–
2162 and 2500–2690 MHz Bands
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission seeks comment on a
proposal to use wider channel
bandwidths for the provision of
SUMMARY:
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broadband services in certain spectrum
bands. Specifically, we consider
changes to the out-of-band emission
limits for mobile Broadband Radio
Service (BRS) and Educational
Broadband Service (EBS) devices
operating in the 2496–2690 MHz band
(2.5 GHz band). The proposed changes
may permit operators to use spectrum
more efficiently, and to provide higher
data rates to consumers, thereby
advancing key goals of the National
Broadband Plan. Also, the changes
would promote greater harmonization of
FCC requirements with global standards
for mobile devices in the 2.5 GHz band,
potentially making equipment more
affordable and furthering the
development of mobile broadband
devices. In addition, we seek comment
on whether the proposed changes can be
made without increasing the potential
for harmful interference to existing
users in the 2.5 GHz band and adjacent
bands.
DATES: Submit comments on or before
July 7, 2011. Submit reply comments on
or before July 22, 2011.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. You may submit
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comments, identified by WT Docket No.
03–66, by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: John
Schauble, Deputy Chief, Broadband
Division, Wireless Telecommunications
Bureau, Federal Communications
Commission, 445 12th Street, SW,
Washington, DC 20554, at (202) 418–
0797 or via the Internet to
John.Schauble@fcc.gov.
This is a
summary of the Commission’s Fourth
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Proposed Rules
Further Notice of Proposed Rulemaking,
FCC 11–81, adopted on May 24, 2011,
and released on May 27, 2011. The full
text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Room CY–A257,
445 12th Street, SW., Washington, DC
20554. The complete text may be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc. (BCPI), Portals II, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, (202) 488–5300,
facsimile (202) 488–5563, or via e-mail
at fcc@bcpiweb.com. The complete text
is also available on the Commission’s
Web site at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC–11–
81A1.doc. Alternative formats
(computer diskette, large print, audio
cassette, and Braille) are available by
contacting Brian Millin at (202) 418–
7426, TTY (202) 418–7365, or via e-mail
to bmillin@fcc.gov.
SUMMARY:
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I. Background
1. General: On July 29, 2004, the
Commission released the BRS/EBS R&O
& FNPRM, which fundamentally
transformed the rules for the 2.5 GHz
band. In the BRS/EBS R&O, the
Commission adopted a band plan that
restructured the 2.5 GHz band into
upper and lower-band segments for lowpower operations (UBS and LBS,
respectively), and a mid-band segment
(MBS) for high-power operations, in
order to reduce the likelihood of
interference caused by incompatible
uses. The Commission also revised the
out-of band emission limits for BRS and
EBS licensees consistent with a
proposal made by a coalition of
organizations representing BRS and EBS
licensees. With respect to mobile
devices, the Commission adopted an
emission mask which requires that
emissions outside the licensee’s
frequency bands of operation be
attenuated below the transmitter power
(P) by a factor of 43 + 10 log(P) decibels
(dB) at the channel’s edge, and 55 + 10
log(P) dB at 5.5 megahertz from the
channel edge, where (P) is the
transmitter power measured in watts.
5.5 megahertz represents the size of
individual channels in the LBS and UBS
in the post-transition band plan adopted
by the Commission.
2. Today, the 2.5 GHz band is used by
Clearwire Corporation (Clearwire) and
other operators to provide wireless
broadband service using the Worldwide
Interoperability for Microwave Access
(WiMAX) version 802.16e standard.
WiMAX is a wireless broadband access
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technology based on the Institute of
Electrical and Electronics Engineers
(IEEE) 802.16 standard which supports
delivery of non-line-of-sight
connectivity between a subscriber
station and base station with a typical
cell radius of 3 to 10 kilometers.
WiMAX can support fixed and nomadic,
as well as portable and mobile, wireless
broadband applications. Another
standard for wireless broadband
technology is Long Term Evolution
(LTE), which is developed by the Third
Generation Partnership Project (3GPP), a
consensus-driven international
partnership of telecommunications
standards bodies. Both IEEE and 3GPP
are working to develop standards for
refinements of WiMAX and LTE, which
are known as WiMAX 2 (based on the
802.16m standard and LTE–Advanced
(3GPP Release 10 and beyond).
3. Current WiMAX deployments
typically use maximum channel
bandwidths of 10 megahertz. Clearwire
reports that average usage for its mobile
services is more than 7 GB/month.
Wireless broadband data usage is
projected to increase by a factor of at
least twenty from 2009 to 2014. One
way of making more efficient use of
spectrum is to increase channel
bandwidth. LTE–Advanced and
WiMAX2 contemplate channel
bandwidths up to 40–100 megahertz.
4. WCAI Petition: On October 22,
2010, the Wireless Communications
Association International (WCAI) filed a
petition for rulemaking asking the
Commission to revise the out-of-band
emission limits for mobile digital
stations operating in the BRS and EBS
band to accommodate channel
bandwidths of 20 megahertz and wider.
WCAI asserts that it is currently difficult
for BRS/EBS devices to meet the out-ofband emission limits for 10 megahertz
channels because of the limits of power
amplifier efficiency inherent in current
technology, and states that developing a
smartphone that would fully use a 20
megahertz channel bandwidth that
complies with the current out-of-band
emission limits would be very difficult
or impossible.
5. WCAI argues that the revised rules
will not significantly increase the risk of
interference, because mobile 4G devices
using orthogonal frequency-division
multiple access (OFDMA) technology
(on which WiMAX and LTE are based)
are not typically allocated all of the
uplink bandwidth while operating at
full transmit power, the scenario that
would maximize potential interference.
In addition, WCAI notes that mobile 4G
devices operate under very stringent
power controls in order to maximize
battery life and minimize intra-system
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interference and argues that these
changes are necessary to permit
operators to realize the full benefits of
4G technologies.
6. A number of parties support the
proposed rule changes, including
Clearwire, the largest BRS licensee and
lessee of EBS spectrum and
DigitalBridge Communications Corp., a
mobile WiMAX provider; as well as
equipment and component
manufacturers including GCT
Semiconductor, HTC America, Inc.,
Motorola, Inc., and Nokia Siemens
Networks US LLC/Nokia Inc. These
parties assert that the proposed changes
would allow wireless carriers to realize
the full benefits of 4G technologies, offer
a greater variety of services and
applications, allow more efficient use of
spectrum, and better align the
Commission’s rules with the approach
of 3GPP and other standards bodies.
7. One concern raised in the
oppositions is that the rule change will
result in increased interference to
service providers in adjacent spectrum
bands. Globalstar, Inc. (Globalstar),
which is authorized to operate a mobile
satellite service (MSS) system with the
downlink (satellite to mobile earth
stations) in the 2483.5–2500 MHz band,
asserts that the proposed change could
cause significant harm to its MSS users,
including consumers and public safety
users. Similarly, Engineers for the
Integrity of Broadcast Auxiliary Services
Spectrum (EIBASS) are concerned that
the proposed change could result in
greater interference to Broadcast
Auxiliary Services (BAS) operations
operating on Channels A10 (2483.5–
2500 MHz) and A9 (2467–2483.5 MHz).
With respect to the concerns raised by
Globalstar and EIBASS, WCAI responds
that those parties exaggerate the risk of
interference, because the chances that
BRS Channel 1 would be operating at
full power across the entire bandwidth
of the channel in the vicinity of
Globalstar’s mobile receivers and BAS
Channels A9 or A10 receivers are very
low.
8. IP Wireless, Inc. (IP Wireless), a
developer and manufacturer of 3GPP
user equipment, opposes the rule
changes proposed by WCAI because it
does not believe changes are necessary
to permit wider bandwidth operations.
IP Wireless asserts that it makes
available LTE devices that can ‘‘easily’’
meet the FCC’s existing out-of-band
emission limits for mobile devices
operating with 20 megahertz channels.
WCAI responds that IP Wireless is just
one equipment supplier in a larger
ecosystem and that other equipment
manufacturers agree ‘‘that the mask
proposed in the Petition represents an
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appropriate and reasonable trade-off
between form factor, battery
consumption, and performance,
especially for the most challenging type
of device: highly integrated
smartphones with multiple radios.’’
II. Discussion
9. We find that facilitating the use of
wider channels in the 2.5 GHz spectrum
band would greatly enhance spectrum
efficiency and throughput in wireless
broadband systems operating in the
band. We also find that the opportunity
to harmonize the Commission’s rules
with international standards could
benefit both operators and consumers by
encouraging the development of mobile
broadband equipment for the 2.5 GHz
band at lower cost. For these reasons,
we initiate this rulemaking on WCAI’s
proposal to change the out-of-band
emission limits for mobile devices for
BRS and EBS.
10. Specifically, we seek comment on
whether to modify the out-of-band
emission limits for BRS and EBS mobile
digital stations by modifying the factors
by which these devices’ emissions
outside the licensee’s frequency bands
of operation must be attenuated below
the transmitter power (P), in Watts, to
the following, as requested by WCAI:
• 40 + 10 log (P) dB at the channel
edge, measured using a resolution
bandwidth of 2 percent of the emission
bandwidth of the fundamental emission
in the 1 megahertz bands immediately
outside and adjacent to the frequency
block.
• 43 + 10 log (P) dB beyond 5
megahertz from the channel edges, and
• 55 + 10 log (P) dB attenuation factor
at a distance of ‘‘X’’ megahertz from the
channel edges, where ‘‘X’’ is the greater
of 6 megahertz or the actual emission
bandwidth as defined in § 27.53(m)(6) of
the Commission’s rules.
WCAI asserts that these changes would
allow operators to provide the full
uplink capacity available in 20
megahertz or wider channels, and
would harmonize the Commission’s outof-band emission limits with 3GPP
standards for out-of-band emission
limits in the 2.5 GHz band.
11. WCAI has argued that it will be
particularly difficult to design
smartphone devices with small form
factors that can use 20 megahertz
channels and meet the current OOBE
requirements, and asserts that IP
Wireless does not offer any handset
devices. Does the existence of some
mobile devices capable of operating on
20 megahertz channels and meeting the
current FCC OOBE rules affect the
necessity or desirability of making the
proposed rule changes?
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12. We seek comment on whether the
proposed rule change is necessary to
permit mobile devices to operate in the
2.5 GHz band using channel bandwidths
wider than 10 megahertz. IP Wireless
claims to have equipment capable of
operating on 20 megahertz channels that
meets the FCC’s current out-of-band
emission limits, but a number of other
equipment manufacturers and operators
support the proposed rule change. Also,
IP Wireless also argues that the
proposed rule changes will result in
insufficient protection against
interference within the 2.5 GHz band.
Specifically, it claims that the more
permissive 3GPP emissions standard on
which the proposed rule changes are
modeled has traditionally been applied
to paired (Frequency Division Duplex
(FDD)) spectrum allocations, and cites a
European Conference of Postal and
Telecommunications Administrations
(CEPT) report for support that
coexistence between FDD and Time
Division Duplex (TDD) systems in
adjacent spectrum, or between
uncoordinated TDD systems, is
generally achieved by a combination of
the 3GPP emissions standards and guard
bands. However, the CEPT report notes
that the block edge mask limits it
proposed were developed in order to
manage the risk of harmful interference
independently of any relaxation which
may be achieved through mitigation
techniques or coordination. We seek
comment on how adoption of the
proposed rule changes would affect the
likelihood of interference within the 2.5
GHz band and whether additional
protections against such interference
would be needed. In that regard, we
note that our existing rules contain a
provision requiring both licensees to
comply with a tighter emission mask for
its base stations within 60 days of
receiving a documented interference
complaint from an adjacent channel
licensee. Since mobile devices and base
stations operate in the same frequency
band in TDD systems, and base stations
operate with higher power, it appears
that the existing provisions in our rules
may protect adjacent channel licensees
with protection against adjacent channel
interference. We seek further comment
on this issue.
13. Globalstar and EIBASS contend
that adopting WCAI’s requested OOBE
limits would increase the potential for
harmful interference into the MSS and
BAS bands and we seek comment. The
Commission has previously said that the
BRS/EBS out-of-band emission limits
‘‘should allow MSS providers to operate
without unnecessary restrictions or
significant interference in the 2483.5–
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32903
2495 MHz band.’’ The same
considerations apply to adjacent band
BAS operations. As noted above,
Globalstar, EIBASS and WCAI disagree
about whether the proposed rule
changes could result in increased
interference into services below 2495
MHz, the likelihood that such
interference could result, and the harms
that could result from such interference.
In view of these disputes in the record,
we seek comment including detailed
engineering analyses on the potential
for, and likelihood that, the proposed
rule changes will result in harmful
interference into MSS and BAS
operations below 2495 MHz. In this
vein, we seek comment on the
assumptions used by Globalstar in its
engineering study, including its
definition of interference as a signal
level above ¥133 dBm/MHz. We also
seek additional engineering analyses
related to the potential for interference,
in which the key assumptions
underlying the analysis are identified,
and accompanied by an explanation of
why these assumptions are appropriate.
We also seek comment on the
significance of the fact that MSS
licensees can file documented
interference complaints against adjacent
channel licensees and take advantage of
the provisions that could require
adjacent channel BRS licensees to
comply with tighter base station
emission masks.
14. In addition, we seek comment on
whether, in connection with the
proposed rule changes, we should
consider adopting additional measures
of protecting against interference to
adjacent bands. For example, we seek
comment on the desirability and
feasibility of establishing a fixed limit
on out-of-band emissions below 2495
MHz or above 2690 MHz in order to
protect adjacent bands’ operations.
While the WCAI Petition and comments
discuss the use of 20 megahertz
channels, the proposed rule is not
limited to 20 megahertz channels, and
developing standards contemplate the
use of wider channels. We seek
comment on whether the proposed rule
would work for channels wider than 20
megahertz without causing interference
to adjacent bands’ operations, or
whether we should set a maximum
channel size to which the proposed outof-band emission limits would apply. In
addition, while the proposed rule
change relies on standards being
developed by 3GPP, we seek comment
on whether, to the extent such
information is available, the proposed
changes would be consistent with
IEEE’s continuing development of
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WiMAX2, as well as other evolving
standards. Finally, we seek comment on
whether any additional changes to the
OOBE limits applicable to mobile
devices in the 2.5 GHz band are
necessary or desirable to promote
greater efficiency and flexibility in the
provision of broadband services in these
bands?
Procedural Matters
Ex Parte Rules—Permit-But-Disclose
Proceeding
15. This is a permit-but-disclose
notice and comment rulemaking
proceeding. Ex parte presentations are
permitted, except during the Sunshine
Agenda period, provided they are
disclosed pursuant to the Commission’s
rules.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Comment Period and Procedures
16. Pursuant to §§ 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using: (1) The Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/ or the Federal eRulemaking
Portal: https://www.regulations.gov.
Filers should follow the instructions
provided on the Web site for submitting
comments.
• For ECFS filers, if multiple docket
or rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Comments shall be
sent as an electronic file via the Internet
to https://www.fcc.gov/e-file/ecfs.html. In
completing the transmittal screen,
commenters should include their full
name, Postal Service mailing address,
and the applicable docket number.
Parties may also submit an electronic
comment by Internet e-mail. To get
filing instructions for e-mail comments,
commenters should send an e-mail to
ecfs@fcc.gov, and include the following
words in the body of the message, ‘‘get
form.’’ A sample form and directions
will be sent in response.
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• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number. Filings
can be sent by hand or messenger
delivery, by commercial overnight
courier, or by first-class or overnight
U.S. Postal Service mail (although we
continue to experience delays in
receiving U.S. Postal Service mail). All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission. The Commission’s
contractor will receive hand-delivered
or messenger-delivered paper filings for
the Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building. Commercial
overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class, Express, and
Priority mail must be addressed to 445
12th Street, SW., Washington DC 20554.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
• Availability of Documents: The
public may view the documents filed in
this proceeding during regular business
hours in the FCC Reference Information
Center, Federal Communications
Commission, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554,
and on the Commission’s Internet Home
Page: https://www.fcc.gov. Copies of
comments and reply comments are also
available through the Commission’s
duplicating contractor: Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
1–800–378–3160.
Paperwork Reduction Analysis
17. This document does not contain
proposed information collection(s)
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
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Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4) requirements.
Initial Regulatory Flexibility Analysis
18. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this present Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
a substantial number of small entities by
the policies and rules proposed in this
Fourth Further Notice of Proposed
Rulemaking (4th FNPRM). Written
public comments are requested on this
IRFA. Comments must be identified as
responses to the IRFA and must be filed
by the deadlines specified in the 4th
NPRM for comments. The Commission
will send a copy of this 4th FNPRM,
including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA). In
addition, the 4th FNPRM and IRFA (or
summaries thereof) will be published in
the Federal Register.
A. Need for, and Objectives of, the
Proposed Rules
In this 4th FNPRM, we seek comment
on changing the out-of-band emission
limits, which limit the amount of energy
that can be radiated outside a licensee’s
authorized bandwidth, for mobile
devices operating in the Broadband
Radio Service (BRS) and Educational
Broadband Service (EBS) in the 2496–
2690 MHz band (2.5 GHz band). The
proposed change is designed to facilitate
the use of wider channel bandwidths,
which could potentially allow higher
data rates and more efficient use of
spectrum. Such a change would
increase the range of applications and
devices that can benefit from mobile
broadband connectivity, generating a
corresponding increase in demand for
mobile broadband service from
consumers, businesses, public safety,
health care, education, energy and other
public safety uses. The proposed change
is also designed to facilitate
harmonization of future standards in the
equipment market for mobile devices in
the 2.5 GHz band, which would make
equipment more affordable and further
the development of advanced wireless
broadband devices. We seek comment
on whether the proposed changes can be
made without any increase in the
potential for harmful interference to
existing users in the 2.5 GHz band and
adjacent bands. We also consider
establishing an additional requirement
of fixed interference limits below 2496
MHz and above 2690 MHz in order to
protect adjacent band users.
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B. Legal Basis
The proposed action is authorized
pursuant to sections 1, 2, 4(i), 7, 10, 201,
214, 301, 302, 303, 307, 308, 309, 310,
319, 324, 332, and 333 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
157, 160, 201, 214, 301, 302, 303, 307,
308, 309, 310, 319, 324, 332, and 333.
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C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
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 proposed
rules and policies, if adopted. The RFA
generally defines the term ‘‘small entity’’
as having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act. A ‘‘small business
concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.
Broadband Radio Service and
Educational Broadband Service.
Broadband Radio Service systems,
previously referred to as Multipoint
Distribution Service (MDS) and
Multichannel Multipoint Distribution
Service (MMDS) systems, and ‘‘wireless
cable,’’ transmit video programming to
subscribers and provide two-way high
speed data operations using the
microwave frequencies of the
Broadband Radio Service (BRS) and
Educational Broadband Service (EBS)
(previously referred to as the
Instructional Television Fixed Service
(ITFS)). In connection with the 1996
BRS auction, the Commission
established a small business size
standard as an entity that had annual
average gross revenues of no more than
$40 million in the previous three
calendar years. The BRS auctions
resulted in 67 successful bidders
obtaining licensing opportunities for
493 Basic Trading Areas (BTAs). Of the
67 auction winners, 61 met the
definition of a small business. BRS also
includes licensees of stations authorized
prior to the auction. At this time, we
estimate that of the 61 small business
BRS auction winners, 48 remain small
business licensees. In addition to the 48
small businesses that hold BTA
authorizations, there are approximately
392 incumbent BRS licensees that are
considered small entities. After adding
the number of small business auction
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Jkt 223001
licensees to the number of incumbent
licensees not already counted, we find
that there are currently approximately
440 BRS licensees that are defined as
small businesses under either the SBA
or the Commission’s rules. In 2009, the
Commission conducted Auction 86, the
sale of 78 licenses in the BRS areas. The
Commission offered three levels of
bidding credits: (i) A bidder with
attributed average annual gross revenues
that exceed $15 million and do not
exceed $40 million for the preceding
three years (small business) will receive
a 15 percent discount on its winning
bid; (ii) a bidder with attributed average
annual gross revenues that exceed $3
million and do not exceed $15 million
for the preceding three years (very small
business) will receive a 25 percent
discount on its winning bid; and (iii) a
bidder with attributed average annual
gross revenues that do not exceed $3
million for the preceding three years
(entrepreneur) will receive a 35 percent
discount on its winning bid. Auction 86
concluded in 2009 with the sale of 61
licenses. Of the ten winning bidders,
two bidders that claimed small business
status won 4 licenses; one bidder that
claimed very small business status won
three licenses; and two bidders that
claimed entrepreneur status won six
licenses.
In addition, the SBA’s Cable
Television Distribution Services small
business size standard is applicable to
EBS. There are presently 2,032 EBS
licensees. All but 100 of these licenses
are held by educational institutions.
Educational institutions are included in
this analysis as small entities. Thus, we
estimate that at least 1,932 licensees are
small businesses. Since 2007, Cable
Television Distribution Services have
been defined within the broad economic
census category of Wired
Telecommunications Carriers; that
category is defined as follows: ‘‘This
industry comprises establishments
primarily engaged in operating and/or
providing access to transmission
facilities and infrastructure that they
own and/or lease for the transmission of
voice, data, text, sound, and video using
wired telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies.’’ The SBA has developed a
small business size standard for this
category, which is: all such firms having
1,500 or fewer employees. To gauge
small business prevalence for these
cable services we must, however, use
the most current census data that are
based on the previous category of Cable
and Other Program Distribution and its
associated size standard; that size
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
32905
standard was: all such firms having
$13.5 million or less in annual receipts.
According to Census Bureau data for
2002, there were a total of 1,191 firms
in this previous category that operated
for the entire year. Of this total, 1,087
firms had annual receipts of under $10
million, and 43 firms had receipts of
$10 million or more but less than $25
million. Thus, the majority of these
firms can be considered small.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This 4th FNPRM imposes no new
reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
The only potential burden on small
entities that hold BRS or EBS licenses
is a potential increase in interference to
existing users in the 2.5 GHz band. We
believe this potential burden would be
outweighed by benefits to small
businesses that hold BRS and EBS
licensees, who would be able to use
wider channel bandwidths to provide
faster service and use their spectrum
more efficiently. An alternative being
considered in order to minimize any
potential burden is establishing fixed
interference limits below 2496 MHz and
above 2690 MHz in order to protect
adjacent band users.
The other main alternative would be
to maintain the existing rules. If we
maintained the existing rules, it would
be more difficult or impossible for BRS
and EBS operators to offer broadband
systems with higher data rates by using
wider channel bandwidths. Such
difficulty would make it more difficult
for BRS and EBS operators, including
small entities, to be competitive with
other broadband providers.
Ordering Clauses
19. Accordingly, it is ordered that
notice is hereby given of the proposed
regulatory changes described in this
Fourth Further Notice of Proposed
Rulemaking, and that comment is
sought on these proposals.
20. It is further ordered pursuant to
section 4(i) of the Communications Act
of 1934, 47 U.S.C. 154(i), that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Fourth Further Notice of Proposed
Rulemaking, including the Final
Regulatory Certification and the Initial
Regulatory Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
E:\FR\FM\07JNP1.SGM
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32906
Federal Register / Vol. 76, No. 109 / Tuesday, June 7, 2011 / Proposed Rules
List of Subjects in 47 CFR Part 27
Communications common carriers,
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 27 as follows:
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICES
49 CFR Parts 390 and 396
2. Section 27.53 is amended by
revising paragraphs (m)(4) and (m)(6) to
read as follows:
Emission Limits.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
*
*
*
*
(m) * * *
(4) For mobile digital stations, the
attenuation factor shall be not less than
40 + 10 log (P) dB at the channel edge,
43 + 10 log (P) dB beyond 5 MHz from
the channel edges, and 55 + 10 log (P)
dB at X MHz from the channel edges,
where X is the greater of 6 MHz or the
actual emission bandwidth as defined in
§ 27.53(m)(6). Mobile Satellite Service
licensees operating on frequencies
below 2495 MHz may also submit a
documented interference complaint
against BRS licensees operating on
channel BRS Channel 1 on the same
terms and conditions as adjacent
channel BRS or EBS licensees.
*
*
*
*
*
(6) Measurement procedure.
Compliance with these rules is based on
the use of measurement instrumentation
employing a resolution bandwidth of 1
MHz or greater. However, in the 1
megahertz bands immediately outside
and adjacent to the frequency block a
resolution bandwidth of at least one
percent (or two percent for mobile
digital stations) 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 megahertz). 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
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BILLING CODE 6712–01–P
Federal Motor Carrier Safety
Administration
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 309, 332, 336, and 337 unless otherwise
noted.
*
[FR Doc. 2011–14001 Filed 6–6–11; 8:45 am]
DEPARTMENT OF TRANSPORTATION
1. The authority citation for part 27
continues to read as follows:
§ 27.53
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.
*
*
*
*
*
[Docket No. FMCSA–2011–0046]
RIN 2126–AB34
Inspection, Repair, and Maintenance;
Driver-Vehicle Inspection Report for
Intermodal Equipment
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation.
ACTION: Notice of proposed rulemaking
(NPRM); request for comments.
AGENCY:
FMCSA proposes to revise a
requirement of the Federal Motor
Carrier Safety Regulations that applies
to intermodal equipment providers and
motor carriers operating intermodal
equipment. The Agency proposes to
delete the requirement for drivers
operating intermodal equipment to
submit and intermodal equipment
providers to retain driver-vehicle
inspection reports when the driver has
neither found nor been made aware of
any defects on the intermodal
equipment used. This NPRM responds
to a joint petition for rulemaking from
the Ocean Carrier Equipment
Management Association and the
Institute of International Container
Lessors.
SUMMARY:
Send your comments on or
before August 8, 2011.
ADDRESSES: You may submit comments
identified by Docket ID Number
FMCSA–2011–0046 by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
DATES:
PO 00000
Frm 00029
Fmt 4702
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between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
• Fax: 202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah M. Freund, Vehicle and
Roadside Operations Division, Office of
Bus and Truck Standards and
Operations (MC–PSV), Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590; telephone (202) 366–5370.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
in this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you provide.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (FMCSA–2011–0046),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and click on
the ‘‘Submit a Comment’’ box, which
will then become highlighted in blue. In
the ‘‘Select Document Type’’ drop-down
menu, select ‘‘Proposed Rule,’’ insert
‘‘FMCSA–2011–0046’’ in the ‘‘Keyword’’
box, and click ‘‘Search.’’ When the new
screen appears, click on ‘‘Submit a
Comment’’ in the ‘‘Actions’’ column. If
you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
E:\FR\FM\07JNP1.SGM
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Agencies
[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Proposed Rules]
[Pages 32901-32906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14001]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[WT Docket No. 03-66; RM-11614; FCC 11-81]
The Provision of Fixed and Mobile Broadband Access, Educational
and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission seeks comment on a proposal
to use wider channel bandwidths for the provision of broadband services
in certain spectrum bands. Specifically, we consider changes to the
out-of-band emission limits for mobile Broadband Radio Service (BRS)
and Educational Broadband Service (EBS) devices operating in the 2496-
2690 MHz band (2.5 GHz band). The proposed changes may permit operators
to use spectrum more efficiently, and to provide higher data rates to
consumers, thereby advancing key goals of the National Broadband Plan.
Also, the changes would promote greater harmonization of FCC
requirements with global standards for mobile devices in the 2.5 GHz
band, potentially making equipment more affordable and furthering the
development of mobile broadband devices. In addition, we seek comment
on whether the proposed changes can be made without increasing the
potential for harmful interference to existing users in the 2.5 GHz
band and adjacent bands.
DATES: Submit comments on or before July 7, 2011. Submit reply comments
on or before July 22, 2011.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. You may submit comments, identified by WT Docket
No. 03-66, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request reasonable
accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: (202)
418-0530 or TTY: (202) 418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: John Schauble, Deputy Chief, Broadband
Division, Wireless Telecommunications Bureau, Federal Communications
Commission, 445 12th Street, SW, Washington, DC 20554, at (202) 418-
0797 or via the Internet to John.Schauble@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth
[[Page 32902]]
Further Notice of Proposed Rulemaking, FCC 11-81, adopted on May 24,
2011, and released on May 27, 2011. The full text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Room CY-A257, 445 12th Street,
SW., Washington, DC 20554. The complete text may be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC
20554, (202) 488-5300, facsimile (202) 488-5563, or via e-mail at
fcc@bcpiweb.com. The complete text is also available on the
Commission's Web site at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-81A1.doc. Alternative formats (computer diskette,
large print, audio cassette, and Braille) are available by contacting
Brian Millin at (202) 418-7426, TTY (202) 418-7365, or via e-mail to
bmillin@fcc.gov.
SUMMARY:
I. Background
1. General: On July 29, 2004, the Commission released the BRS/EBS
R&O & FNPRM, which fundamentally transformed the rules for the 2.5 GHz
band. In the BRS/EBS R&O, the Commission adopted a band plan that
restructured the 2.5 GHz band into upper and lower-band segments for
low-power operations (UBS and LBS, respectively), and a mid-band
segment (MBS) for high-power operations, in order to reduce the
likelihood of interference caused by incompatible uses. The Commission
also revised the out-of band emission limits for BRS and EBS licensees
consistent with a proposal made by a coalition of organizations
representing BRS and EBS licensees. With respect to mobile devices, the
Commission adopted an emission mask which requires that emissions
outside the licensee's frequency bands of operation be attenuated below
the transmitter power (P) by a factor of 43 + 10 log(P) decibels (dB)
at the channel's edge, and 55 + 10 log(P) dB at 5.5 megahertz from the
channel edge, where (P) is the transmitter power measured in watts. 5.5
megahertz represents the size of individual channels in the LBS and UBS
in the post-transition band plan adopted by the Commission.
2. Today, the 2.5 GHz band is used by Clearwire Corporation
(Clearwire) and other operators to provide wireless broadband service
using the Worldwide Interoperability for Microwave Access (WiMAX)
version 802.16e standard. WiMAX is a wireless broadband access
technology based on the Institute of Electrical and Electronics
Engineers (IEEE) 802.16 standard which supports delivery of non-line-
of-sight connectivity between a subscriber station and base station
with a typical cell radius of 3 to 10 kilometers. WiMAX can support
fixed and nomadic, as well as portable and mobile, wireless broadband
applications. Another standard for wireless broadband technology is
Long Term Evolution (LTE), which is developed by the Third Generation
Partnership Project (3GPP), a consensus-driven international
partnership of telecommunications standards bodies. Both IEEE and 3GPP
are working to develop standards for refinements of WiMAX and LTE,
which are known as WiMAX 2 (based on the 802.16m standard and LTE-
Advanced (3GPP Release 10 and beyond).
3. Current WiMAX deployments typically use maximum channel
bandwidths of 10 megahertz. Clearwire reports that average usage for
its mobile services is more than 7 GB/month. Wireless broadband data
usage is projected to increase by a factor of at least twenty from 2009
to 2014. One way of making more efficient use of spectrum is to
increase channel bandwidth. LTE-Advanced and WiMAX2 contemplate channel
bandwidths up to 40-100 megahertz.
4. WCAI Petition: On October 22, 2010, the Wireless Communications
Association International (WCAI) filed a petition for rulemaking asking
the Commission to revise the out-of-band emission limits for mobile
digital stations operating in the BRS and EBS band to accommodate
channel bandwidths of 20 megahertz and wider. WCAI asserts that it is
currently difficult for BRS/EBS devices to meet the out-of-band
emission limits for 10 megahertz channels because of the limits of
power amplifier efficiency inherent in current technology, and states
that developing a smartphone that would fully use a 20 megahertz
channel bandwidth that complies with the current out-of-band emission
limits would be very difficult or impossible.
5. WCAI argues that the revised rules will not significantly
increase the risk of interference, because mobile 4G devices using
orthogonal frequency-division multiple access (OFDMA) technology (on
which WiMAX and LTE are based) are not typically allocated all of the
uplink bandwidth while operating at full transmit power, the scenario
that would maximize potential interference. In addition, WCAI notes
that mobile 4G devices operate under very stringent power controls in
order to maximize battery life and minimize intra-system interference
and argues that these changes are necessary to permit operators to
realize the full benefits of 4G technologies.
6. A number of parties support the proposed rule changes, including
Clearwire, the largest BRS licensee and lessee of EBS spectrum and
DigitalBridge Communications Corp., a mobile WiMAX provider; as well as
equipment and component manufacturers including GCT Semiconductor, HTC
America, Inc., Motorola, Inc., and Nokia Siemens Networks US LLC/Nokia
Inc. These parties assert that the proposed changes would allow
wireless carriers to realize the full benefits of 4G technologies,
offer a greater variety of services and applications, allow more
efficient use of spectrum, and better align the Commission's rules with
the approach of 3GPP and other standards bodies.
7. One concern raised in the oppositions is that the rule change
will result in increased interference to service providers in adjacent
spectrum bands. Globalstar, Inc. (Globalstar), which is authorized to
operate a mobile satellite service (MSS) system with the downlink
(satellite to mobile earth stations) in the 2483.5-2500 MHz band,
asserts that the proposed change could cause significant harm to its
MSS users, including consumers and public safety users. Similarly,
Engineers for the Integrity of Broadcast Auxiliary Services Spectrum
(EIBASS) are concerned that the proposed change could result in greater
interference to Broadcast Auxiliary Services (BAS) operations operating
on Channels A10 (2483.5-2500 MHz) and A9 (2467-2483.5 MHz). With
respect to the concerns raised by Globalstar and EIBASS, WCAI responds
that those parties exaggerate the risk of interference, because the
chances that BRS Channel 1 would be operating at full power across the
entire bandwidth of the channel in the vicinity of Globalstar's mobile
receivers and BAS Channels A9 or A10 receivers are very low.
8. IP Wireless, Inc. (IP Wireless), a developer and manufacturer of
3GPP user equipment, opposes the rule changes proposed by WCAI because
it does not believe changes are necessary to permit wider bandwidth
operations. IP Wireless asserts that it makes available LTE devices
that can ``easily'' meet the FCC's existing out-of-band emission limits
for mobile devices operating with 20 megahertz channels. WCAI responds
that IP Wireless is just one equipment supplier in a larger ecosystem
and that other equipment manufacturers agree ``that the mask proposed
in the Petition represents an
[[Page 32903]]
appropriate and reasonable trade-off between form factor, battery
consumption, and performance, especially for the most challenging type
of device: highly integrated smartphones with multiple radios.''
II. Discussion
9. We find that facilitating the use of wider channels in the 2.5
GHz spectrum band would greatly enhance spectrum efficiency and
throughput in wireless broadband systems operating in the band. We also
find that the opportunity to harmonize the Commission's rules with
international standards could benefit both operators and consumers by
encouraging the development of mobile broadband equipment for the 2.5
GHz band at lower cost. For these reasons, we initiate this rulemaking
on WCAI's proposal to change the out-of-band emission limits for mobile
devices for BRS and EBS.
10. Specifically, we seek comment on whether to modify the out-of-
band emission limits for BRS and EBS mobile digital stations by
modifying the factors by which these devices' emissions outside the
licensee's frequency bands of operation must be attenuated below the
transmitter power (P), in Watts, to the following, as requested by
WCAI:
40 + 10 log (P) dB at the channel edge, measured using a
resolution bandwidth of 2 percent of the emission bandwidth of the
fundamental emission in the 1 megahertz bands immediately outside and
adjacent to the frequency block.
43 + 10 log (P) dB beyond 5 megahertz from the channel
edges, and
55 + 10 log (P) dB attenuation factor at a distance of
``X'' megahertz from the channel edges, where ``X'' is the greater of 6
megahertz or the actual emission bandwidth as defined in Sec.
27.53(m)(6) of the Commission's rules.
WCAI asserts that these changes would allow operators to provide the
full uplink capacity available in 20 megahertz or wider channels, and
would harmonize the Commission's out-of-band emission limits with 3GPP
standards for out-of-band emission limits in the 2.5 GHz band.
11. WCAI has argued that it will be particularly difficult to
design smartphone devices with small form factors that can use 20
megahertz channels and meet the current OOBE requirements, and asserts
that IP Wireless does not offer any handset devices. Does the existence
of some mobile devices capable of operating on 20 megahertz channels
and meeting the current FCC OOBE rules affect the necessity or
desirability of making the proposed rule changes?
12. We seek comment on whether the proposed rule change is
necessary to permit mobile devices to operate in the 2.5 GHz band using
channel bandwidths wider than 10 megahertz. IP Wireless claims to have
equipment capable of operating on 20 megahertz channels that meets the
FCC's current out-of-band emission limits, but a number of other
equipment manufacturers and operators support the proposed rule change.
Also, IP Wireless also argues that the proposed rule changes will
result in insufficient protection against interference within the 2.5
GHz band. Specifically, it claims that the more permissive 3GPP
emissions standard on which the proposed rule changes are modeled has
traditionally been applied to paired (Frequency Division Duplex (FDD))
spectrum allocations, and cites a European Conference of Postal and
Telecommunications Administrations (CEPT) report for support that
coexistence between FDD and Time Division Duplex (TDD) systems in
adjacent spectrum, or between uncoordinated TDD systems, is generally
achieved by a combination of the 3GPP emissions standards and guard
bands. However, the CEPT report notes that the block edge mask limits
it proposed were developed in order to manage the risk of harmful
interference independently of any relaxation which may be achieved
through mitigation techniques or coordination. We seek comment on how
adoption of the proposed rule changes would affect the likelihood of
interference within the 2.5 GHz band and whether additional protections
against such interference would be needed. In that regard, we note that
our existing rules contain a provision requiring both licensees to
comply with a tighter emission mask for its base stations within 60
days of receiving a documented interference complaint from an adjacent
channel licensee. Since mobile devices and base stations operate in the
same frequency band in TDD systems, and base stations operate with
higher power, it appears that the existing provisions in our rules may
protect adjacent channel licensees with protection against adjacent
channel interference. We seek further comment on this issue.
13. Globalstar and EIBASS contend that adopting WCAI's requested
OOBE limits would increase the potential for harmful interference into
the MSS and BAS bands and we seek comment. The Commission has
previously said that the BRS/EBS out-of-band emission limits ``should
allow MSS providers to operate without unnecessary restrictions or
significant interference in the 2483.5-2495 MHz band.'' The same
considerations apply to adjacent band BAS operations. As noted above,
Globalstar, EIBASS and WCAI disagree about whether the proposed rule
changes could result in increased interference into services below 2495
MHz, the likelihood that such interference could result, and the harms
that could result from such interference. In view of these disputes in
the record, we seek comment including detailed engineering analyses on
the potential for, and likelihood that, the proposed rule changes will
result in harmful interference into MSS and BAS operations below 2495
MHz. In this vein, we seek comment on the assumptions used by
Globalstar in its engineering study, including its definition of
interference as a signal level above -133 dBm/MHz. We also seek
additional engineering analyses related to the potential for
interference, in which the key assumptions underlying the analysis are
identified, and accompanied by an explanation of why these assumptions
are appropriate. We also seek comment on the significance of the fact
that MSS licensees can file documented interference complaints against
adjacent channel licensees and take advantage of the provisions that
could require adjacent channel BRS licensees to comply with tighter
base station emission masks.
14. In addition, we seek comment on whether, in connection with the
proposed rule changes, we should consider adopting additional measures
of protecting against interference to adjacent bands. For example, we
seek comment on the desirability and feasibility of establishing a
fixed limit on out-of-band emissions below 2495 MHz or above 2690 MHz
in order to protect adjacent bands' operations. While the WCAI Petition
and comments discuss the use of 20 megahertz channels, the proposed
rule is not limited to 20 megahertz channels, and developing standards
contemplate the use of wider channels. We seek comment on whether the
proposed rule would work for channels wider than 20 megahertz without
causing interference to adjacent bands' operations, or whether we
should set a maximum channel size to which the proposed out-of-band
emission limits would apply. In addition, while the proposed rule
change relies on standards being developed by 3GPP, we seek comment on
whether, to the extent such information is available, the proposed
changes would be consistent with IEEE's continuing development of
[[Page 32904]]
WiMAX2, as well as other evolving standards. Finally, we seek comment
on whether any additional changes to the OOBE limits applicable to
mobile devices in the 2.5 GHz band are necessary or desirable to
promote greater efficiency and flexibility in the provision of
broadband services in these bands?
Procedural Matters
Ex Parte Rules--Permit-But-Disclose Proceeding
15. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed pursuant to the
Commission's rules.
Comment Period and Procedures
16. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using: (1) The Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/
or the Federal eRulemaking Portal: https://www.regulations.gov. Filers
should follow the instructions provided on the Web site for submitting
comments.
For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Comments shall be sent
as an electronic file via the Internet to https://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should
include their full name, Postal Service mailing address, and the
applicable docket number. Parties may also submit an electronic comment
by Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, and include the
following words in the body of the message, ``get form.'' A sample form
and directions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission. The Commission's contractor will receive
hand-delivered or messenger-delivered paper filings for the
Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7
p.m. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class,
Express, and Priority mail must be addressed to 445 12th Street, SW.,
Washington DC 20554.
People with Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an e-mail to fcc504@fcc.gov or
call the Consumer and Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
Availability of Documents: The public may view the
documents filed in this proceeding during regular business hours in the
FCC Reference Information Center, Federal Communications Commission,
445 12th Street, SW., Room CY-A257, Washington, DC 20554, and on the
Commission's Internet Home Page: https://www.fcc.gov. Copies of comments
and reply comments are also available through the Commission's
duplicating contractor: Best Copy and Printing, Inc., 445 12th Street,
SW., Room CY-B402, Washington, DC 20554, 1-800-378-3160.
Paperwork Reduction Analysis
17. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4) requirements.
Initial Regulatory Flexibility Analysis
18. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in this Fourth Further Notice of Proposed
Rulemaking (4th FNPRM). Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines specified in the 4th NPRM for comments. The
Commission will send a copy of this 4th FNPRM, including this IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration
(SBA). In addition, the 4th FNPRM and IRFA (or summaries thereof) will
be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
In this 4th FNPRM, we seek comment on changing the out-of-band
emission limits, which limit the amount of energy that can be radiated
outside a licensee's authorized bandwidth, for mobile devices operating
in the Broadband Radio Service (BRS) and Educational Broadband Service
(EBS) in the 2496-2690 MHz band (2.5 GHz band). The proposed change is
designed to facilitate the use of wider channel bandwidths, which could
potentially allow higher data rates and more efficient use of spectrum.
Such a change would increase the range of applications and devices that
can benefit from mobile broadband connectivity, generating a
corresponding increase in demand for mobile broadband service from
consumers, businesses, public safety, health care, education, energy
and other public safety uses. The proposed change is also designed to
facilitate harmonization of future standards in the equipment market
for mobile devices in the 2.5 GHz band, which would make equipment more
affordable and further the development of advanced wireless broadband
devices. We seek comment on whether the proposed changes can be made
without any increase in the potential for harmful interference to
existing users in the 2.5 GHz band and adjacent bands. We also consider
establishing an additional requirement of fixed interference limits
below 2496 MHz and above 2690 MHz in order to protect adjacent band
users.
[[Page 32905]]
B. Legal Basis
The proposed action is authorized pursuant to sections 1, 2, 4(i),
7, 10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, and
333 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152,
154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319,
324, 332, and 333.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
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 proposed rules and policies, if adopted. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
Broadband Radio Service and Educational Broadband Service.
Broadband Radio Service systems, previously referred to as Multipoint
Distribution Service (MDS) and Multichannel Multipoint Distribution
Service (MMDS) systems, and ``wireless cable,'' transmit video
programming to subscribers and provide two-way high speed data
operations using the microwave frequencies of the Broadband Radio
Service (BRS) and Educational Broadband Service (EBS) (previously
referred to as the Instructional Television Fixed Service (ITFS)). In
connection with the 1996 BRS auction, the Commission established a
small business size standard as an entity that had annual average gross
revenues of no more than $40 million in the previous three calendar
years. The BRS auctions resulted in 67 successful bidders obtaining
licensing opportunities for 493 Basic Trading Areas (BTAs). Of the 67
auction winners, 61 met the definition of a small business. BRS also
includes licensees of stations authorized prior to the auction. At this
time, we estimate that of the 61 small business BRS auction winners, 48
remain small business licensees. In addition to the 48 small businesses
that hold BTA authorizations, there are approximately 392 incumbent BRS
licensees that are considered small entities. After adding the number
of small business auction licensees to the number of incumbent
licensees not already counted, we find that there are currently
approximately 440 BRS licensees that are defined as small businesses
under either the SBA or the Commission's rules. In 2009, the Commission
conducted Auction 86, the sale of 78 licenses in the BRS areas. The
Commission offered three levels of bidding credits: (i) A bidder with
attributed average annual gross revenues that exceed $15 million and do
not exceed $40 million for the preceding three years (small business)
will receive a 15 percent discount on its winning bid; (ii) a bidder
with attributed average annual gross revenues that exceed $3 million
and do not exceed $15 million for the preceding three years (very small
business) will receive a 25 percent discount on its winning bid; and
(iii) a bidder with attributed average annual gross revenues that do
not exceed $3 million for the preceding three years (entrepreneur) will
receive a 35 percent discount on its winning bid. Auction 86 concluded
in 2009 with the sale of 61 licenses. Of the ten winning bidders, two
bidders that claimed small business status won 4 licenses; one bidder
that claimed very small business status won three licenses; and two
bidders that claimed entrepreneur status won six licenses.
In addition, the SBA's Cable Television Distribution Services small
business size standard is applicable to EBS. There are presently 2,032
EBS licensees. All but 100 of these licenses are held by educational
institutions. Educational institutions are included in this analysis as
small entities. Thus, we estimate that at least 1,932 licensees are
small businesses. Since 2007, Cable Television Distribution Services
have been defined within the broad economic census category of Wired
Telecommunications Carriers; that category is defined as follows:
``This industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA has developed a small business size standard
for this category, which is: all such firms having 1,500 or fewer
employees. To gauge small business prevalence for these cable services
we must, however, use the most current census data that are based on
the previous category of Cable and Other Program Distribution and its
associated size standard; that size standard was: all such firms having
$13.5 million or less in annual receipts. According to Census Bureau
data for 2002, there were a total of 1,191 firms in this previous
category that operated for the entire year. Of this total, 1,087 firms
had annual receipts of under $10 million, and 43 firms had receipts of
$10 million or more but less than $25 million. Thus, the majority of
these firms can be considered small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
This 4th FNPRM imposes no new reporting or recordkeeping
requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The only potential burden on small entities that hold BRS or EBS
licenses is a potential increase in interference to existing users in
the 2.5 GHz band. We believe this potential burden would be outweighed
by benefits to small businesses that hold BRS and EBS licensees, who
would be able to use wider channel bandwidths to provide faster service
and use their spectrum more efficiently. An alternative being
considered in order to minimize any potential burden is establishing
fixed interference limits below 2496 MHz and above 2690 MHz in order to
protect adjacent band users.
The other main alternative would be to maintain the existing rules.
If we maintained the existing rules, it would be more difficult or
impossible for BRS and EBS operators to offer broadband systems with
higher data rates by using wider channel bandwidths. Such difficulty
would make it more difficult for BRS and EBS operators, including small
entities, to be competitive with other broadband providers.
Ordering Clauses
19. Accordingly, it is ordered that notice is hereby given of the
proposed regulatory changes described in this Fourth Further Notice of
Proposed Rulemaking, and that comment is sought on these proposals.
20. It is further ordered pursuant to section 4(i) of the
Communications Act of 1934, 47 U.S.C. 154(i), that the Commission's
Consumer and Governmental Affairs Bureau, Reference Information Center,
shall send a copy of this Fourth Further Notice of Proposed Rulemaking,
including the Final Regulatory Certification and the Initial Regulatory
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
[[Page 32906]]
List of Subjects in 47 CFR Part 27
Communications common carriers, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 27 as follows:
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
1. 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.
2. Section 27.53 is amended by revising paragraphs (m)(4) and
(m)(6) to read as follows:
Sec. 27.53 Emission Limits.
* * * * *
(m) * * *
(4) For mobile digital stations, the attenuation factor shall be
not less than 40 + 10 log (P) dB at the channel edge, 43 + 10 log (P)
dB beyond 5 MHz from the channel edges, and 55 + 10 log (P) dB at X MHz
from the channel edges, where X is the greater of 6 MHz or the actual
emission bandwidth as defined in Sec. 27.53(m)(6). Mobile Satellite
Service licensees operating on frequencies below 2495 MHz may also
submit a documented interference complaint against BRS licensees
operating on channel BRS Channel 1 on the same terms and conditions as
adjacent channel BRS or EBS licensees.
* * * * *
(6) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 1 MHz or greater. However, in the 1 megahertz bands immediately
outside and adjacent to the frequency block a resolution bandwidth of
at least one percent (or two percent for mobile digital stations) 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
megahertz). 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.
* * * * *
[FR Doc. 2011-14001 Filed 6-6-11; 8:45 am]
BILLING CODE 6712-01-P