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, 9605-9623 [2013-02907]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9605-9623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02907]



[[Page 9605]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 25 and 27

[WT Docket No. 07-293; IB Docket No. 95-91; FCC 12-130]


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.

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SUMMARY: In this document, the Commission affirms, modifies, and 
clarifies its actions in response to various petitions for 
reconsideration and/or clarification. The revised rules are intended to 
enable Wireless Communications Service (WCS) licensees to deploy 
broadband services in the 2305-2320 MHz and 2345-2360 MHz (2.3 GHz) WCS 
bands while continuing to protect Satellite Digital Audio Radio Service 
(SDARS) operator Sirius XM Radio Inc. (Sirius XM) and aeronautical 
mobile telemetry (AMT) operations in adjacent bands and the deep space 
network (DSN) earth station in Goldstone, California from harmful 
interference. In addition, the revised rules will facilitate the 
flexible deployment and operation of SDARS terrestrial repeaters in the 
2320-2345 MHz SDARS band, while protecting adjacent bands WCS licensees 
from harmful interference.

DATES: Effective March 13, 2013, except for Sec. Sec.  25.263(b), 
27.72(b), and 27.73(a), 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. The 
Director of the Federal Register will approve the incorporation by 
reference in Sec.  27.73(a) concurrently with the published office of 
Management and Budget approval of this section.

FOR FURTHER INFORMATION CONTACT: WCS technical information: Moslem 
Sawez, Moslem.Sawez@fcc.gov, Mobility Division, Wireless 
Telecommunications Bureau, (202) 418-8211. WCS legal information: Linda 
Chang, Linda.Chang@fcc.gov Mobility Division, Wireless 
Telecommunications Bureau, (202) 418-1339. 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 
Linda Chang at (202) 418-1339, or via the Internet at 
Linda.Chang@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 Order 
on Reconsideration in WT Docket No. 07-293 and IB Docket No. 95-91, FCC 
12-130, adopted and released October 17, 2012. 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 Order on Reconsideration 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; email 
FCC@BCPIWEB.COM.

Summary

I. Introduction and Executive Summary

    1. The Order on Reconsideration in WT Docket No. 07-293 and IB 
Docket No. 95-91 addressed five petitions for reconsideration of the 
2010 WCS R&O and SDARS 2nd R&O, 75 FR 45058, August 2, 2010, filed by 
ARRL, the national association for Amateur Radio (ARRL), AT&T Inc. 
(AT&T), Sirius XM, Stratos Offshore Services Company (Stratos), and the 
WCS Coalition. The 2010 WCS R&O modified the technical rules and 
performance (i.e., buildout) requirements for the WCS in the 2305-2320 
MHz and 2345-2360 MHz bands; the SDARS 2nd R&O established technical 
and licensing rules for SDARS terrestrial repeaters in the 2320-2345 
MHz band. The petitions sought reconsideration, clarification, or both 
of the Commission's decisions in the 2010 WCS R&O and SDARS 2nd R&O 
regarding: (a) WCS base and fixed stations' ground level emissions 
limit, (b) fixed WCS customer premises equipment (CPE) power and power 
spectral density (PSD) limits, bands of operation, and outdoor antenna 
use, (c) distinction between fixed WCS CPE and fixed WCS point-to-point 
stations, (d) mobile and portable devices' PSD and out-of-band 
emissions (OOBE) limits, (e) restrictions on WCS frequency division 
duplexing (FDD) mobile and portable devices' bands of operation, (f) 
WCS mobile and portable devices' and fixed WCS CPE duty cycle limits, 
(g) WCS protection of Amateur Radio Service (ARS) operations and WCS 
base/fixed stations' and mobile devices' OOBE limits in the 2300-2305 
MHz band, (h) WCS coordination, notification, and interference 
mitigation requirements; base station separation distance, (i) WCS 
performance requirements, (j) WCS/SDARS coordination zones, (k) 
interference protection for WCS from SDARS terrestrial repeaters, and 
(l) WCS and SDARS licensees' duty to cooperate in sharing information 
and preventing/mitigating interference. The revised rules are 
consistent with a June 15, 2012 compromise proposal between WCS 
licensee AT&T Inc. and Sirius XM designed to facilitate the efficient 
deployment and coexistence of the WCS and SDARS.
    2. For the WCS, the Order on Reconsideration
     Established maximum design ground power level targets on 
roadways for WCS base and fixed station operations of -44 dBm in WCS 
Blocks A (2305-2310 MHz and 2350-2355 MHz) and B (2310-2315 MHz and 
2355-2360 MHz) and -55 dBm in WCS Blocks C (2315-2320 MHz) and D (2345-
2350 MHz) to serve as triggers for interference resolution if exceeded 
on roadways and harmful interference (i.e., muting) to SDARS operations 
occurs;
     Established conditions on roadways constituting harmful 
interference to SDARS operations from WCS operations requiring WCS and 
SDARS operators to work cooperatively to resolve;
     Denied a petition to establish a specific distance at 
which an SDARS subscriber is expected to tolerate muting of SDARS 
signals by WCS base station transmitters;
     Eliminated the frequency band restrictions on WCS FDD base 
stations prohibiting transmissions in the lower WCS blocks (2305-2320 
MHz);
     Clarified that point-to-point and point-to-multipoint WCS 
fixed stations operated and controlled by the WCS licensee and that 
comply with the WCS base and fixed station power and emissions limits 
are not considered to be fixed WCS CPE;
     Denied a petition to establish reduced power limits for 
low-power fixed WCS CPE (i.e., CPE with average equivalent 
isotropically radiated power (EIRP) of 2 Watts or less) operating with 
the relaxed OOBE limits applicable to WCS mobile and portable devices;
     Denied a petition to establish PSD limits for all fixed 
WCS CPE;

[[Page 9606]]

     Denied a petition to establish guard bands in WCS Blocks C 
and D for fixed WCS CPE;
     Relaxed the restrictions on outdoor and outdoor antenna 
use for low-power fixed WCS CPE operating with the OOBE limits 
applicable to WCS mobile and portable devices under certain 
circumstances;
     Removed the restrictions on outdoor and outdoor antenna 
use for low-power fixed CPE operating with the more restrictive OOBE 
limits applicable to WCS base and fixed stations;
     Eliminated the PSD limits for WCS mobile and portable 
devices using appropriate uplink (user device to base station) 
transmission technology (e.g., 3rd Generation Partnership Project Long 
Term Evolution (3GPP LTE);
     Denied a petition requesting further restrictions on WCS 
mobile and portable device OOBE limits;
     Denied a petition requesting removal of the restriction 
prohibiting WCS mobile and portable devices using FDD technology from 
transmitting in the upper WCS spectrum blocks (2345-2360 MHz) adjacent 
to the AMT spectrum;
     Prohibited WCS mobile and portable devices from 
transmitting in all portions of WCS Blocks C (2315-2320 MHz) and D 
(2345-2350 MHz);
     Eliminated the duty cycle limits on fixed WCS CPE and WCS 
mobile and portable devices using FDD technology;
     Denied a petition to eliminate the 38 percent duty cycle 
limit for fixed WCS CPE and WCS mobile and portable devices using time 
division duplexing (TDD) technology;
     Clarified the bands of applicability for WCS base, fixed, 
and fixed CPE station, and WCS mobile and portable device OOBE limits;
     Declined to address a petition regarding the interference 
protection rights of secondary Amateur Radio Service operations in the 
2300-2305 MHz band adjacent to primary WCS operations in the 2305-2320 
MHz band;
     Exempted low-power WCS stations (EIRP less than 2 Watts) 
from the WCS licensee notification requirements and relaxed the WCS 
licensee notification requirements for minor WCS station modifications;
     Clarified that WCS fixed stations are part of the WCS 
licensee coordination and notification processes;
     Lengthened by 6 months and restarted the WCS construction 
periods to enable WCS licensees to respond to the rule revisions;
     Denied petitions to eliminate the automatic WCS license 
forfeiture provisions for failure to comply with the WCS performance 
requirements;
     Denied petitions to replace the coverage-based performance 
requirements for WCS Blocks C (2315-2320 MHz) and D (2345-2350 MHz) 
with substantial service requirements;
     Encouraged WCS licensees to enter into coordination 
agreements with SDARS licensees for interference mitigation.
    3. For the SDARS, the Order on Reconsideration
     Denied a petition to modify the site-by-site licensing 
procedures for high power SDARS terrestrial repeaters that are not 
eligible for blanket licensing (e.g., repeaters with average EIRP 
greater than 12 kilowatts (kW));
     Maintained the option to authorize SDARS terrestrial 
repeaters that are not eligible for blanket licensing;
     Modified the definition of which WCS licensees would be 
potentially affected by SDARS terrestrial repeaters operating with high 
power or relaxed OOBE limits;
     Excepted low-power terrestrial repeaters (i.e., repeaters 
with EIRP less than 2 Watts) from SDARS licensee notification 
requirements;
     Relaxed SDARS licensee notification requirements for minor 
modifications to SDARS terrestrial repeaters;
     Encouraged SDARS licensees to enter into coordination 
agreements with WCS licensees for interference mitigation.

II. Order on Reconsideration in WT Docket No. 07-293

A. WCS Base and Fixed Stations

    4. Emissions and Circumstances Requiring Coordination to Resolve 
Interference. To foster deployment of innovative broadband services in 
the WCS spectrum and further mitigate the risk of harmful interference 
to SDARS operations, the Order on Reconsideration adopted AT&T's and 
Sirius XM's proposed roadway signal levels and harmful interference 
conditions to SDARS operations on roadways which would trigger 
coordinated efforts between WCS and SDARS licensees to mitigate the 
interference. Specifically, WCS and SDARS operators would work 
cooperatively to resolve harmful interference in a location where a WCS 
signal level is present on a roadway at a level greater than -44 dBm in 
the WCS A or B Blocks, or -55 dBm in the WCS C or D Blocks, and a test 
demonstrates that the SDARS customer would be muted over a road 
distance of greater than 50 meters; or for a mutually agreeable drive 
test route, if the ground signal level on roadways exceeds -44 dBm in 
the WCS A or B Blocks, or -55 dBm in the WCS C or D Blocks, for more 
than 1 percent of the cumulative surface road distance on that drive 
route, and a test demonstrates that the SDARS customer would be muted 
over a cumulative road distance of greater than \1/2\ of 1 percent 
(incremental to any muting present prior to use of WCS frequencies in 
the area of that drive test). The Order on Reconsideration denied 
Sirius XM's petition to establish a specific separation distance at 
which an SDARS subscriber is expected to tolerate muting by WCS base 
station operations.
    5. Bands of Operation. To provide WCS licensees with more 
flexibility to enhance service to the public and support FDD downlink 
carrier aggregation, in response to AT&T's request in its petition for 
reconsideration and consistent with AT&T's and Sirius XM's request in 
their June 15, 2012 joint submission, the Commission decided in the 
Order on Reconsideration that WCS FDD base stations may also transmit 
in the lower WCS blocks at 2305-2320 MHz in addition to operating in 
the upper WCS bands at 2345-2360 MHz, subject to the power and OOBE 
attenuation factors adopted for WCS base station operations in those 
bands. The Commission agreed with AT&T and Sirius XM that such 
operations would not increase the potential for harmful interference to 
adjacent-band services and there is no need to restrict their operation 
to the upper WCS bands (2345-2360 MHz).
    6. Point-To-Point/Point-To-Multipoint Station Description 
Clarification. In the Order on Reconsideration, the Commission agreed 
with Stratos and the WCS Coalition that fixed WCS point-to-point 
stations that are controlled and operated by the WCS licensee and 
comply with the power levels and spectral mask (i.e., OOBE limits) 
applicable to WCS base and fixed stations are not considered to be 
fixed WCS CPE, regardless of where the transmission equipment is 
installed. In addition, because fixed WCS CPE stations' operations 
commenced several years before the Commission adopted the 2010 WCS R&O 
in May 2010, and the Commission has not received reports of harmful 
interference to SDARS receivers due to their operation, the Commission 
decided that testing of all potential fixed WCS CPE applications, as 
suggested by Sirius XM, was not needed to clarify that fixed WCS point-
to-point and point-to-multipoint stations that are controlled and 
operated by the WCS licensee and comply with the power levels and 
spectral mask applicable to WCS base

[[Page 9607]]

and fixed stations are not considered to be fixed WCS CPE. Therefore, 
the Order on Reconsideration clarified that fixed WCS fixed WCS point-
to-point stations and point-to-multipoint stations that are controlled 
and operated by the WCS licensee and that comply with the more 
restrictive OOBE attenuation factors applicable to WCS base and fixed 
stations are not considered to be fixed WCS CPE, regardless of where 
the equipment is installed.

B. Fixed WCS Customer Premises Equipment

    7. Power and Power Spectral Density Limits. The signal attenuation 
from the propagation losses due to the likely separation distances 
between low-power fixed WCS CPE and SDARS receivers, coupled with the 
requirement to employ automatic transmit power control (ATPC), which is 
used to prevent inter-cell interference (i.e., interference to adjacent 
cells base stations receiving on the same frequencies), will help limit 
the potential for harmful interference (i.e., interference which 
seriously degrades, obstructs, or repeatedly interrupts a 
radiocommunication service) from fixed WCS CPE to SDARS receivers 
receiving unwanted energy in the adjacent band. Thus, the Commission 
disagreed with Sirius XM that low-power fixed WCS CPE operating with 
the OOBE attenuation factors applicable to WCS mobile devices should be 
restricted to a maximum EIRP of 250 mW. In addition, although most 2.3 
GHz-band fixed WCS CPE devices have been authorized for and are 
operating at 1 to 2 W EIRP, and some fixed WCS CPE devices have been 
authorized for and are operating at up to 20 W EIRP, which occurred 
before we relaxed the OOBE limits for fixed WCS CPE, SDARS licensees 
have not reported any instances of harmful interference due to this 
fixed WCS CPE. For these reasons, the Commission decided that 
maintaining the average EIRP at 2 W or less for low-power fixed WCS CPE 
operating with the same OOBE limits as WCS mobile and portable devices 
will not result in harmful interference to SDARS receivers. Therefore, 
the Order on Reconsideration declined to restrict the maximum allowed 
power of low-power fixed WCS CPE operating with the same OOBE limits as 
WCS mobile and portable devices to 250 mW, and denied that portion of 
Sirius XM's petition.
    8. Furthermore, because imposition of a PSD limit on fixed WCS CPE 
would likely preclude the provision of fixed WCS services by making it 
uneconomical to provide the necessary base station coverage, the 
Commission also declined to impose a PSD limit of 4 W/MHz on fixed WCS 
CPE, as requested by Sirius XM. In support of this decision, the 
Commission noted that the 2010 WCS R&O significantly reduced the 
potential for fixed WCS CPE to cause harmful interference to SDARS 
receivers by reducing the maximum allowed EIRP for these devices from 2 
kW over any bandwidth to 20 W/5 MHz and that Sirius XM had previously 
claimed that its receivers, which were designed prior to adoption of 
the 2010 WCS R&O, provide excellent adjacent band blocking performance. 
In addition, because of the likely sources of blockages--foliage, 
building walls, parked and moving vehicles, etc.--that will attenuate 
fixed WCS CPE devices' signals, if fixed WCS CPE were allowed to 
continue using up to 20 W/5 MHz peak EIRP without a specific per-
megahertz PSD limit, the Commission determined that SDARS licensees are 
not likely to experience harmful interference from the operation of 
these devices. The Commission also affirmed that if WCS licensees were 
to aggregate spectrum for fixed WCS CPE, the power level in any 5-
megahertz bandwidth would not be permitted to exceed 20 W.
    9. The Commission further noted that the technologies that are 
being considered to provide WCS service--Long Term Evolution (LTE), 
Worldwide Interoperability for Microwave Access (WiMAX), and Wideband-
Code Division Multiple Access (W-CDMA)--spread user devices' signals 
across the channel bandwidth and control the power of the RF 
subcarriers assigned to a particular device to prevent self-
interference. Thus, even absent a specific PSD limit for fixed WCS CPE, 
the Commission determined that WCS licensees' efforts to prevent self-
interference would effectively limit the PSD of fixed WCS CPE and 
further mitigate the potential for harmful interference to SDARS 
receivers. Finally, because wireless networks are typically initially 
designed for coverage and subsequently for capacity, the size of WCS 
cell sites is likely to decrease over time, which will decrease the 
maximum power transmitted by WCS CPE and ultimately lower these 
devices' resultant PSD. For these reasons, the Order on Reconsideration 
denied Sirius XM's request to impose a PSD limit of 4 W/MHz on fixed 
WCS CPE.
    10. Bands of Operation. Sirius XM's petition regarding the 
establishment of guard bands for fixed WCS CPE in the 2.5-megahertz 
portions of WCS Blocks C and D nearest the SDARS band (i.e., 2317.5 
MHz-2320 MHz and 2345-2347.5 MHz) asserted arguments that Sirius XM 
raised--and the Commission considered and rejected--in the 2010 WCS 
R&O. The Commission declined to revisit those contentions in the Order 
on Reconsideration. Sirius XM failed to present any new evidence that 
would compel the Commission to reconsider its previous findings. 
Moreover, it is ``settled Commission policy that petitions for 
reconsideration are not to be used for the mere re-argument of points 
previously advanced and rejected.'' Thus, the Order on Reconsideration 
denied that portion of Sirius XM's petition.
    11. Outdoor and Outdoor Antenna Use. In response to AT&T's and the 
WCS Coalition's petitions for reconsideration, the Commission decided 
in the Order on Reconsideration to remove the restrictions on low-power 
fixed WCS CPE operating with the stepped emission mask applicable to 
WCS mobile devices that prohibited such equipment from being used 
outdoors or with outdoor antennas. Consistent with the request in 
AT&T's and Sirius XM's June 15, 2012 compromise proposal, if low-power 
fixed WCS CPE operating with the OOBE limits applicable to WCS mobile 
devices is professionally installed in locations that are removed by 20 
meters from roadways or in locations where it can be shown that the 
ground power level of -44 dBm in WCS Blocks A and B or -55 dBm in WCS 
Blocks C and D will not be exceeded at the nearest road location, then 
such equipment may be used outdoors and with outdoor antennas. The 
Commission also decided to remove the prohibitions on the use of low-
power fixed WCS CPE outdoors and with outdoor antennas if the fixed WCS 
CPE complies with the more restrictive OOBE attenuation factors 
applicable to WCS base and fixed stations. The Commission determined 
that if used outdoors or with outdoor antennas, low-power fixed WCS CPE 
that is professionally installed or that meets the more restrictive 
OOBE attenuation factors applicable to WCS base and fixed stations will 
avert the discontinuance of existing WCS service, foster the provision 
of wireless broadband services, especially in unserved and underserved 
areas, and enhance user experience without causing harmful interference 
to SDARS receivers. It also determined that the signal attenuation due 
to the separation distances and outdoor blockages (i.e., building walls 
and other structures in urban settings; trees) that are likely to exist 
between low-power fixed WCS CPE transmitters and SDARS receivers and 
the requirement to use ATPC,

[[Page 9608]]

would help limit the potential for harmful interference to SDARS 
receivers from low-power fixed WCS CPE being used outdoors or with 
outdoor antennas.

C. WCS Mobile and Portable Devices

    12. Power Spectral Density Limit. In response to AT&T's and the WCS 
Coalition's petitions for reconsideration and consistent with the 
request in AT&T's and Sirius XM's June 15, 2012 compromise proposal, in 
the Order on Reconsideration, the Commission decided to eliminate the 
PSD limit for WCS mobile devices that operate with bandwidths greater 
than or equal to 5 megahertz in WCS Blocks A and B and use an 
appropriate uplink transmission technology (e.g., 3GPP LTE). In support 
of this decision, the Commission noted that in cellular systems, mobile 
device transmit (i.e., uplink) power control is a key radio resource 
management function for improving system capacity, coverage, and user 
quality (data rate or voice quality), lowering battery consumption, and 
controlling interference to adjacent cells of the same system, and per-
megahertz PSD limits are not standardized for wideband wireless 
technologies such as W-CDMA, WiMAX, or LTE. Instead of controlling 
mobile devices' transmit power on a per-megahertz basis, LTE technology 
is designed to control mobile devices' transmit power by dynamically 
allocating spectrum resources, known as Physical Resource Blocks 
(PRBs), among mobile devices and setting the power levels of these PRBs 
on a frame-by-frame basis. Similarly, despite having different uplink 
physical layer and transmission schemes, WiMAX technology controls 
mobile devices' transmit power by uniformly distributing the uplink 
transmissions from a given mobile device across the operating channel 
bandwidth and controlling the power of the radio frequency (RF) 
subcarriers assigned to a particular device. In Wideband Code Division 
Multiple Access (W-CDMA), also known as Universal Mobile 
Telecommunication System (UMTS), networks, to balance the power 
received at the base station from all mobile devices to within a few 
decibels (dB) and optimize system performance, uplink power control 
information is transmitted from the base station in every time slot to 
control the power transmitted in each data channel frame assigned to a 
particular mobile device.
    13. Therefore, in the same manner that uplink power control is used 
in LTE, WiMAX, and W-CDMA networks to optimize system performance, the 
Commission found that WCS licensees may use LTE, WiMAX, and W-CDMA 
technologies' uplink power control algorithms to effectively limit the 
PSD of WCS mobile devices to avoid self-interference, maximize the 
capacity and efficiency of the network, and mitigate the risk that 
these devices will cause harmful interference to SDARS receivers. 
Although the PSD of WCS mobile devices may occasionally exceed 50 mW/
MHz, the Commission concluded that such instances would be rare and 
short lived. It also concluded that WCS licensees could control WCS 
mobile devices' transmitter power via power control, signal spreading, 
and/or other signal modulation techniques to prevent these devices from 
concentrating power greater than 50 mW/MHz in narrow segments of 
bandwidth that are near the SDARS band to avoid causing harmful 
interference to SDARS receivers.
    14. For these reasons, the Order on Reconsideration eliminated the 
50 mW/MHz PSD limit for WCS mobile devices that operate in the WCS A 
and B Blocks (2305-2315 MHz and 2350-2360 MHz) and employ single 
carrier frequency-division multiple access (SC FDMA) or similar 
technology. However, to address Sirius XM's concerns that WCS 
licensees' mobile devices could transmit more power than they could 
otherwise transmit in a 5-megahertz block by aggregating spectrum 
blocks and consistent with the WCS Coalition's assertion that a WiMAX 
or LTE mobile device's transmit power is uniformly distributed across 
the available channel bandwidth, the Order on Reconsideration clarified 
that WCS mobile devices are limited to a maximum EIRP of 250 mW for any 
bandwidth greater than or equal to 5 megahertz.
    15. Out-of-Band Emissions Limits. Sirius XM's petition regarding 
the OOBE limits for WCS mobile devices in the 2320-2345 MHz SDARS band 
asserted numerous arguments that Sirius XM raised--and the Commission 
considered and rejected--in the 2010 WCS R&O. The Commission declined 
to revisit those contentions in the Order on Reconsideration. Sirius XM 
failed to present any new evidence that would compel the Commission to 
reconsider its previous findings. Moreover, it is ``settled Commission 
policy that petitions for reconsideration are not to be used for the 
mere re-argument of points previously advanced and rejected.'' Thus, 
the Order on Reconsideration denied the portion of Sirius XM's petition 
to further restrict the OOBE limits for WCS mobile and portable devices 
in the 2320-2345 MHz band.
    16. Bands of Operation. The Commission declined to remove the 
restriction that WCS mobile devices using FDD technology may not 
transmit in the upper WCS A and B Blocks and the 2.5-megahertz portion 
of the WCS D Block furthest removed from the SDARS band (2347.5-2360 
MHz), as requested by AT&T. The Commission determined that restricting 
WCS FDD mobile devices from transmitting in the upper WCS blocks at 
2347.5-2360 MHz band would provide added protection from harmful 
interference to adjacent-band AMT receivers that operate in the 2360-
2395 MHz band. Therefore, the Order on Reconsideration denied the 
portion of AT&T's petition requesting that WCS mobile devices be 
allowed to operate in the upper WCS bands at 2347.5-2360 MHz.
    17. However, although the Commission determined in the 2010 WCS R&O 
that the potential for harmful interference to SDARS receivers from 
mobile transmitters operating in the 2.5-megahertz portions of WCS 
Blocks C and D furthest removed from the SDARS band was negligible, in 
their June 15, 2012 joint agreement, AT&T and Sirius XM asserted that 
mobile operations in WCS Blocks C and D hold the most potential to 
cause harmful interference to satellite radio consumers. In their June 
15, 2012 compromise proposal, AT&T and Sirius XM agreed that expanding 
the guard bands for WCS mobile and portable device transmissions to 
encompass all of WCS Blocks C and D would further reduce the risk that 
operation of WCS mobile transmitters in these bands could pose an 
unacceptable interference threat to SDARS reception. Thus, to further 
mitigate the potential for harmful interference to SDARS operations, 
the Commission decided to prohibit WCS mobile and portable transmitters 
from operating in all portions of WCS Blocks C and D. The Commission 
decided that this action would, in effect, provide a 5-megahertz 
transition band for SDARS receivers at each end of the SDARS band that 
would further decrease the potential for harmful interference to SDARS 
operations from WCS mobile devices operating in adjacent spectrum, 
while permitting the C and D Blocks spectrum to be used for WCS base 
stations or fixed services. Coupled with the relaxed PSD and duty cycle 
limits that the Commissions adopted in the Order on Reconsideration for 
WCS mobile devices, the Commission believed that this action would 
provide added interference protection to SDARS operations while 
advancing the Commission's goal of making mobile

[[Page 9609]]

broadband services over the WCS spectrum widely available.
    18. The Commission's adoption of this approach also furthered its 
resolution of the interference protection matters raised in Sirius XM's 
petition for reconsideration. The Commission first provided notice that 
it was considering the issue of interference management between the WCS 
and SDARS in the 2001 Public Notice in this proceeding, in which the 
Commission sought comment on requiring SDARS licensees to operate their 
repeaters in frequency bands at least 4 megahertz away from the edge of 
their licensed frequency bands, among other things. That issue remained 
in play with the timely filing of the Sirius XM Reconsideration 
Petition challenging the Commission's decision in the 2010 WCS R&O to 
adopt a different approach.

D. WCS Mobile, Portable, and Fixed CPE Duty Cycle Limits

    19. To facilitate the deployment of broadband services in WCS 
spectrum, the Commission decided in the Order on Reconsideration to 
eliminate the duty cycle requirements for WCS mobile, portable, and 
fixed CPE employing FDD-based technology, consistent with AT&T's and 
Sirius XM's request in their June 15, 2012 compromise proposal. The 
Commission agreed with AT&T that the activity factor of a WCS mobile 
device is not a factor in determining potential interference to SDARS 
receivers that warrants a 25 percent duty cycle for WCS mobile and 
portable devices in WCS Blocks A and B, as the Commission determined in 
the 2010 WCS R&O. It also agreed with AT&T's and Sirius XM's assertions 
that adjacent-band WCS FDD operations will have minimal impact on the 
SDARS receivers' automatic gain control (AGC) circuitry because they 
involve no intermittent pulsing. However, based on Commission staff's 
analysis of the record and reinforced by the results of the testing in 
Ashburn, Virginia, the Commission decided to maintain the 38 percent 
duty cycle limit for WCS mobile devices using TDD-based technologies.
    20. Regarding Sirius XM's argument that the 38 percent duty cycle 
limit for TDD-based devices established in 2010 WCS R&O was not 
supported by the record in this proceeding, the Commission noted that 
its decision to adopt a 38 percent duty cycle for TDD-based WCS user 
devices was a tradeoff based on its analysis of the record leading up 
to adoption of the 2010 WCS rules and the WCS/SDARS testing in Ashburn, 
Virginia. The Commission decided in 2010 to round up the permitted TDD 
duty cycle from the 35 percent used in the Ashburn, Virginia testing to 
38 percent to allow for the majority of TDD profiles under an LTE or 
WiMAX technology selection, because the 35 percent duty cycle used 
during the testing only resulted in two isolated instances of 
negligible interference to SDARS receivers, not harmful interference 
that repeatedly interrupted the SDARS signal.
    21. The Commission also declined to limit WCS mobile devices' 
transmissions to every other 5 millisecond (ms) frame as Sirius XM 
requested in its petition. As determined by the Commission's analyses 
and verified by the WCS/SDARS testing in Ashburn, Virginia, it found 
that the WCS mobile device's transmissions need not be limited to every 
other transmission frame to limit the potential for harmful 
interference to SDARS receivers, as requested by Sirius XM. However, to 
eliminate any uncertainty about how compliance with the duty cycle is 
measured, the Commission clarified its requirement that WCS subscriber 
devices' duty cycle be measured in a manner that is referenced directly 
to the frame duration for WCS technology being used. Specifically, 
industry standards for WiMAX and LTE technology specify frame lengths 
of 5 ms and 10 ms, respectively. Accordingly, for WCS networks using 
WiMAX technology, the duty cycle should be measured over a 5 ms frame; 
for WCS networks using LTE technology, the duty cycle should be 
measured over a 10 ms frame. For TDD technologies other than LTE and 
WiMAX, the duty cycle should be measured over a frame duration that is 
referenced directly to the technology being used.

E. WCS Out-of-Band Emissions Limit in the 2300-2305 MHz Amateur Radio 
Service Band

    22. Regarding ARRL's petition requesting that the Commission 
require WCS licensees to be responsible for mitigating harmful 
interference to Amateur Radio Service operations in the 2300-2305 MHz 
band through operation of Sec.  2.102(f) of the Commission's rules and 
AT&T's and the WCS Coalition's opposition, as a general matter, the 
Commission noted that the technical and operating rules that its adopts 
for a particular service are designed to prevent harmful interference 
(i.e., interference which seriously degrades, obstructs, or repeatedly 
interrupts a radiocommunication service) to other services that operate 
in adjacent bands and to establish the RF environment for adjacent band 
services to coexist. In the case of the WCS, the Commission initially 
determined that an attenuation factor of 43 + 10 log (P) dB (i.e., a 
fixed limit of -43 dBW) below the transmitter output power P in Watts 
for WCS fixed and mobile devices' OOBE in the 2300-2305 MHz band would 
prevent interference to Amateur Radio Service operations in that band. 
The 2010 WCS R&O did not alter WCS fixed and mobile devices' OOBE limit 
of -43 dBW in the 2300-2305 MHz band and thus did not reduce or 
otherwise modify the interference protection that the Commission 
previously established for ARS operations in that band. For this 
reason, the Commission saw no reason to address the specific arguments 
that ARRL, AT&T, and the WCS Coalition made regarding the operation of 
Sec.  2.102(f) because the FCC's existing service and technical rules 
are already designed to account for WCS users operating adjacent to the 
ARS band. To the extent that ARRL was asking that the Commission 
revisit the attenuation factor originally established for the WCS and 
that was left unmodified in the 2010 WCS R&O, the Commission concluded 
that such a request for reconsideration was not timely filed and was 
not appropriate for reconsideration.
    23. Clarification of Applicable Bands for Out-of-Band Emissions 
Limits. To eliminate any confusion in the Commission's rules about 
where the OOBE limits for WCS base and fixed stations, mobile devices, 
and fixed WCS CPE must be met, the Order on Reconsideration clarified 
the frequency bands in which the 43 + 10 log (P) dB and other OOBE 
attenuation factors below the transmitter power P are applicable. 
Specifically, WCS base and fixed stations and fixed WCS CPE 
transmitting with an average EIRP greater than 2 Watts must attenuate 
their OOBE below the transmitter power P, as measured over a 1 
megahertz resolution bandwidth, by a factor of not less than 43 + 10 
log (P) dB on all frequencies between 2305-2320 MHz and between 2345-
2360 MHz that are outside the licensed band(s) of operation, not less 
than 75 + 10 log (P) dB in the 2320-2345 MHz band, not less than 43 + 
10 log (P) dB in the 2300-2305 and 2360-2362.5 MHz bands, not less than 
55 + 10 log (P) dB in the 2362.5-2365 MHz band, not less than 70 + 10 
log (P) dB in the 2287.5-2300 MHz and 2365-2367.5 MHz bands, not less 
than 72 + 10 log (P) dB in the 2285-2287.5 and 2367.5-2370 MHz bands, 
and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370 MHz.
    24. WCS mobile and portable devices operating in the WCS A and B 
Blocks and fixed WCS CPE transmitting with

[[Page 9610]]

an average EIRP of 2 Watts or less must attenuate their OOBE below the 
transmitter power P as measured over a 1 megahertz bandwidth, by a 
factor of not less than 43 + 10 log (P) dB on all frequencies between 
2305-2320 MHz and between 2345-2360 MHz that are outside the licensed 
band(s) 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. In addition, WCS mobile and portable devices must 
attenuate their OOBE below the transmitter power P by a factor of not 
less than 43 + 10 log (P) dB in the 2300-2305 and 2360-2365 MHz bands, 
not less than 55 + 10 log (P) dB in the 2296-2300 MHz band, not less 
than 61 + 10 log (P) dB in the 2292-2296 MHz band, not less than 67 + 
10 log (P) dB in the 2288-2292 MHz band, and not less than 70 + 10 log 
(P) dB below 2288 MHz and above 2365 MHz.
    25. Measurement Procedures. The Order on Reconsideration clarified 
that measurements of the OOBE from WCS base, fixed, and fixed CPE 
stations and WCS mobile and portable devices made over a narrower 
resolution bandwidth than 1 megahertz (e.g., 1 percent of the emission 
bandwidth) must be integrated over the full measurement bandwidth of 1 
megahertz to determine compliance with the relevant out-of-band 
emissions limits. Specifically, compliance with the part 27 WCS 
emissions limits rules is based on 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). 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.

F. WCS Performance Requirements.

    26. Extension of WCS Construction Deadlines. The Order on 
Reconsideration also lengthened by 6 months and restarted the WCS 
construction periods established in the 2010 WCS R&O to enable WCS 
licensees to respond to the rule revisions while ensuring significant 
deployment of facilities in the near term. For mobile and point-to-
multipoint systems in WCS Blocks A and B, and point-to-multipoint 
systems in WCS Blocks C and D, a licensee must provide reliable signal 
coverage and offer service to at least 40 percent of the license area's 
population within 48 months, and 75 percent within 78 months. For fixed 
point-to-point services, except those deployed in the Gulf of Mexico 
license area, licensees must construct and operate 15 point-to-point 
links per million persons (one link per 67,000 persons) in a license 
area within 48 months, and 30 links (one link per 33,500 persons) 
within 78 months. In those license areas where licensees demonstrate 
that 25 percent of the license area's population for Blocks A, B, or D 
is within an AMT coordination zone, alternative requirements are 
applicable for mobile and point-to-multipoint services. Specifically, 
affected licensees must serve 25 (rather than 40) percent of the 
population within 48 months, and 50 (rather than 75) percent within 78 
months. For point-to-point 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 within 48 months, and a minimum of 
15 point-to-point links within 78 months. The construction periods 
currently applicable to existing WCS licensees will run from the 
effective date of the rule revisions adopted in the Order on 
Reconsideration.
    27. Coverage Requirements Instead of Substantial Service. The 
Commission's decision in the 2010 WCS R&O to migrate away from 
substantial service requirements was based upon a careful reading of 
the record, and a balanced consideration of the public interest. 
Therefore, the Commission disagreed with the Petitioners of the 2010 
WCS R&O that these judgments were arbitrary and capricious. 
Accordingly, it declined, as it did in the 2010 WCS R&O after a careful 
assessment of that record, to apply substantial service performance 
requirements in the 2.3 GHz band for the C and D Blocks, or to reduce 
their quantitative benchmarks. In the 2010 WCS R&O, the Commission 
stated that its revised performance requirements would ``afford WCS 
licensees bright-line certainty,'' and would ``facilitate Commission 
review of WCS performance showings.'' Petitioners provided little to 
support their arguments that circumstances with respect to this 
spectrum are so difficult that the Commission must reinstate 
substantial service or otherwise reduce their construction obligations.
    28. The Commission disagreed with petitioners that the more 
stringent technical rules for C and D Blocks relegates them to ``niche 
services'' and it believed that relief that it provided in other areas 
will provide licensees with additional service options. It found that 
retaining quantitative benchmarks best supported its goals for this 
service; that is, that licensees will provide meaningful service in the 
near term and continue to use the spectrum throughout the course of 
their license periods. The Commission believed that, for the WCS, 
bright-line coverage requirements at specified thresholds serve to 
promote service throughout a licensed market, because they prevent 
licensees from ``cherry picking'' areas for service rather than meeting 
the benchmarks specified in their license requirements.
    29. The Commission noted that because of its action to prohibit 
mobile operations in WCS Blocks C and D, the respective requirements 
for the 40 and 75 percent population coverage benchmarks would only be 
applicable to point-to-multi-point systems. However, it maintained that 
quantitative benchmarks--rather than a return to substantial service--
is still the appropriate standard for all operations in the C and D 
Blocks spectrum. Accordingly, the service requirement for the C and D 
Blocks shall be: 40 and 75 percent population coverage at the 48 and 78 
month deadlines, respectively, for point-to-multipoint operations, with 
15 point-to-point links per million persons in a license area within 48 
months, and 30 point-to-point links per million persons in a license 
area within 78 months for point-to-point fixed operations.
    30. Finally, the Commission noted that certain entities had sought 
guidance as to the specific performance requirements that would be 
applied to current or potential operations in the C and D Blocks that 
do not fall within the traditional mobile, point-to-multipoint, or 
point-to-point fixed models. For example, Gogo, Inc. sought 
clarification as to whether ground-to-air uplinks could be deployed in 
the C and D Blocks, and what coverage requirements would apply. The 
Commission noted that there are hybrid or non-traditional operations 
that do not fit precisely in one category; for example, there may be 
WCS point-to-multipoint systems that could be viewed as functionally 
consistent with a WCS point-to-point RF network, e.g., certain smart 
grid links to monitoring stations, maintenance

[[Page 9611]]

instrumentation, automatic metering collection points, and video 
surveillance. However, given the wide range of deployments and 
applications possible, the Commission found that WCS licensees should 
seek guidance from the Wireless Telecommunications Bureau on a case-by-
case basis in determining whether their service is permissible within 
the C and D Blocks, and which benchmarks apply.
    31. Performance Penalties. The Commission finds basis in the record 
for reconsidering the rule that licenses will automatically terminate 
if a performance benchmark is not satisfied. The parties reiterated 
many of the same arguments that were raised throughout the proceeding, 
which the Commission previously considered and rejected. Despite the 
parties' arguments that applying the automatic termination policy is 
counter to prior Commission practice, the decision to terminate 
licenses if performance benchmarks are not met was consistent with the 
Commission's past practice in most geographically-licensed wireless 
services, including the 800 MHz Specialized Mobile Radio Service (800 
MHz SMR), PCS, and Advanced Wireless Services (AWS), as well as in the 
1997 WCS Report and Order. Further, although Petitioners continued to 
claim that an automatic termination rule deters investment and 
construction of networks, they provided no support that licensees have 
been denied financing or that deployment of broadband has been slowed 
due to this policy. The Commission remained unconvinced that automatic 
termination of a license for which the performance requirements are not 
met itself deters capital investment or otherwise hinders the 
development or deployment of service. On the contrary, several wireless 
services subject to this kind of performance penalty have thrived.
    32. The Commission remains unpersuaded that it should revise its 
WCS rules to adopt a ``keep-what-you-use'' policy because the 
Commission adopted the approach with respect to certain 700 MHz 
licenses. The Commission found that the considerations and goals with 
respect to WCS are so similar to the circumstances underlying the 700 
MHz Service such that it was compelled to revise existing WCS 
requirements to mirror the 700 MHz performance penalties. While the 
2010 WCS R&O did call attention to the difference between WCS and 700 
MHz rules with respect to submarket performance requirements, the 
Commission noted that the submarket performance rule is only one 
distinction. Differences in the specific policy objectives behind the 
respective performance requirements and penalties also supported the 
application of a different performance penalty.
    33. In adopting the ``keep-what-you-use'' approach in the 700 MHz 
proceeding, the Commission sought to make available additional 
mechanisms to enable access to spectrum by new entrants after an 
initial licensee either fails or chooses not to provide service in a 
particular area by the applicable deadline. Alternatively, the focus of 
the performance requirements for the WCS adopted in the 2010 WCS R&O 
was to ensure the rapid and meaningful provision of service throughout 
an entire licensed market. Given the length of time that currently 
licensed spectrum has remained largely unused, the Commission 
purposefully imposed ambitious construction criteria, including the 
automatic termination performance penalty, to ensure that extensive 
service coverage occurs in the near term. The Commission found that 
this goal would not be better served by implementing a ``keep-what-you-
use'' performance penalty that may not facilitate service coverage in 
an area until after a current WCS licensee has returned unused spectrum 
to the Commission. In this context, the Commission concluded that the 
automatic termination approach would be more effective in accomplishing 
the Commission's objective of intensive, near term WCS construction.
    34. Further, the Commission disagreed with the argument that the 
automatic termination approach is intrinsically tied to less strict 
performance benchmarks. The automatic termination approach has 
historically been applied to geographic market-based licenses 
generally. In adopting performance requirements for its various 
wireless services, the Commission has not as a practice linked 
substantial service and the use of the automatic termination penalty. 
To the contrary, the automatic termination approach has been used as a 
penalty for services that did not initially have a substantial service 
performance obligation.
    35. Finally, the Commission rejected arguments that the automatic 
termination rule is unfair to licensees because, according to 
petitioners, the rule requires automatic termination of a license even 
where failure to meet a benchmark is due to circumstances out of the 
control of a licensee, or even, for example, if the licensee has 
covered 74 percent of the population at the final deadline. Petitioners 
argued that application of this policy would cut off service to 
customers and strand investment. However, Sec.  1.946(e)(1) of the 
Commission's rules provides that extensions may be granted where 
failure to comply with construction requirements is due to causes 
beyond the control of the licensee, and Commission staff has previously 
granted relief from the Commission's performance rules in cases where 
it was in the public interest to do so. For example, Commission staff 
has granted extensions where it found that a complete lack of available 
equipment for a service presented circumstances beyond the control of 
licensees, or where licensees were able to show a significant level of 
diligence and commitment to construction of facilities. As noted in the 
2010 WCS R&O, the Commission stated that it would continue to consider 
and evaluate requests for extension or waiver and grant relief if 
circumstances warrant. The Commission emphasized, however, that any 
relief sought must be weighed against the public interest goals 
underlying our construction rules, which is to ensure the efficient use 
of spectrum and the expeditious provision of service to the public. As 
noted, in specifying performance rules for this service, the Commission 
purposefully imposed rigorous construction criteria and retained the 
automatic termination policy in order to ensure meaningful and rapid 
deployment of service in the WCS band. The Commission would grant 
extension or waiver relief only if it determines that such action is 
not contrary to the goals underlying the WCS performance requirements, 
and otherwise serves the public interest.

G. WCS Information Sharing Requirements

    36. Notification Requirements. The Commission agreed that it is in 
the public interest to allow WCS licensees the flexibility to respond 
to market conditions by making minor modifications to their facilities 
as long as these modifications do not result in harmful interference to 
SDARS operations (i.e., muting). While the Commission believed that the 
2 dB power flux density (PFD) increase notification trigger sought by 
the WCS Coalition may be problematic, it nonetheless found it 
appropriate to permit WCS licensees to optimize facilities and correct 
coverage gaps without advance notice in circumstances where such 
modifications are unlikely to cause harmful interference to SDARS 
receivers. Therefore, WCS licensees were allowed to modify their 
facilities, other than changes in location, without prior notice so 
long as the change does

[[Page 9612]]

not increase the predicted PFD at ground level by more than 1 dB and 
notice of the modification is provided within 24 hours of deployment. 
The Commission saw no empirical evidence in the record that 
demonstrates that a 1 dB increase in PFD as a result of a WCS 
modification is likely to cause harmful interference to nearby SDARS 
receivers. Rather, it anticipated that in most cases there will be 
sufficient margin in the SDARS link budget such that harmful 
interference will be avoided.
    37. Moreover, WCS licensees were not being exempted from their 
obligation to provide notice regarding modifications to their stations; 
WCS entities must notify SDARS licensees within 24 hours of these 
changes to allow for monitoring of the effects of the modifications. In 
addition, the notification exception for no more than a 1 dB increase 
in PFD can be distinguished from Sirius XM's prior proposal for 
imposition of system-wide PFD limits on WCS base station transmissions 
because it would only affect the trigger for notification of a 
modification to SDARS licensees, and is not an across the board 
criteria for limiting WCS base stations' ground-level power. If, after 
gaining experience with the 1 dB PFD increase exception to the 
notification procedures, there is harmful interference to SDARS 
receivers as a result of such modifications, the Commission would 
restore the formal notification procedure that requires 5-business days 
notice prior to modifying WCS facilities.
    38. However, Sirius XM raised a valid argument that multiple 
modifications to WCS stations could result in a predicted aggregate PFD 
increase that may negatively affect SDARS receivers. To avoid such a 
result, although WCS licensees may make 24 hour post modification 
notifications as long as the predicted PFD increase at ground level is 
not greater than 1 dB, if an SDARS licensee demonstrates to the WCS 
licensee that the series of modifications using post-modification 
notification procedures may cause harmful interference to SDARS 
receivers, the WCS licensee must provide the SDARS licensee with a 5 
day notice in advance of additional modifications to WCS base and fixed 
stations. However, the 1 dB limit will not apply where a coordination 
agreement between the parties specifies otherwise.
    39. In addition, in light of the Commission's decision to adopt the 
maximum design ground power level targets along roadways of -44 dBm for 
WCS Blocks A and B and -55 dBm for WCS Blocks C and D, it also 
permitted after-the-fact notification where modifications to WCS base 
and fixed stations do not exceed these limits. However, it did not 
adopt Sirius XM's suggestion that, if it was unwilling to adopt WCS PFD 
limits, interference mitigation issues must be resolved through a 
separate coordination agreement between Sirius XM and the WCS licenses 
or through a clearinghouse acting on the licensees' behalf. Requiring 
such agreements or a clearinghouse would unnecessarily increase 
administrative burdens on all licensees.
    40. Further, the Commission modified the rules to exclude WCS base 
and fixed stations operating under 2 W EIRP from the inventory and 
notification requirements and agreed with Sirius XM that, to the extent 
that the parties can mutually agree on alternative coordination and 
notification procedures, the rules should accommodate private 
agreements between WCS licensees and Sirius XM that implement such 
modified procedures. Although the Commission did not adopt a list of 
modifications unlikely to cause interference where ``after-the-fact-
notification'' would apply as suggested by Sirius XM, it recognized 
that it would be beneficial for WCS licensees and Sirius XM to reach 
agreement on procedures that would streamline the notification process.
    41. Lastly, the Commission clarified that the inventory and SDARS 
licensee notification requirements in Sec.  27.72 apply to both WCS 
base and fixed stations (except fixed WCS CPE). Sirius XM is correct 
that the Commission has during this proceeding used the terms ``WCS 
base station'' and ``WCS station'' interchangeably in the context of 
information sharing requirements. It is discernible from a review of 
the 2001 Public Notice and 2007 Notice in this proceeding that the 
Commission's use of ``base station'' also encompassed fixed stations. 
Moreover, the 2010 WCS R&O's use of language directing WCS licensees to 
provide information to SDARS licensees regarding their ``deployed 
infrastructure'' also demonstrated that the information sharing 
obligations are not limited only to base stations used in a mobile 
system. Accordingly, it revised Sec.  27.72 to make clear that WCS 
licensees must share fixed and base station information with SDARS 
licensees. However, it clarified that fixed WCS CPE (i.e., fixed 
equipment operated by a WCS subscriber) is not subject to this 
requirement. Further, to the extent that WCS licensees have not yet 
provided notice for existing fixed stations to SDARS licensees, WCS 
licensees must do so no later than 30 days after the effective date of 
this Order.
    42. Duty to Cooperate and Coordination. Upon review, the Commission 
found no basis to revise its requirements regarding WCS licensees' duty 
to cooperate. First, it declined to adopt the proposals submitted by 
Sirius XM as they were considered when they were initially proposed in 
this proceeding and explicitly rejected by the Commission in the 2010 
WCS R&O. The Commission found that no further evidence had been 
introduced into the record to cause us to reconsider this decision. 
Specifically, it rejected as unnecessary the proposals that WCS 
licensees provide a schedule of when network facilities will be 
transmitting, or make pre-sale devices available to Sirius XM for 
inspection. Although it expected the parties to cooperate and take good 
faith measures to prevent harmful interference, it decided it must 
balance the need for an exchange of useful information against 
requiring the disclosure of market sensitive information that is not 
reasonably necessary to prevent harmful interference, such as 
licensees' proprietary equipment information and business or operating 
plans.
    43. For these reasons, the Commission also declined to require WCS 
licensees to enter into a coordination agreement with Sirius XM with 
provisions similar to the June 15, 2012 AT&T/Sirius XM agreement. It 
emphasized, however, that cooperation between WCS and SDARS licensees 
is critical to the successful coexistence between WCS and SDARS 
systems, and encouraged WCS licensees to develop and enter into 
separate coordination agreements with SDARS licensees for interference 
mitigation. The Commission therefore revised Sec.  27.72 to incorporate 
the AT&T/Sirius XM proposed language encouraging the adoption of 
coordination agreements by WCS and SDARS. To the extent any provision 
of a coordination agreement between parties to mutually resolve harmful 
interference conflicts with other information sharing requirements 
adopted in this proceeding, the parties are obligated to follow the 
procedures established under the agreement.
    44. The Commission also did not require that a clearinghouse or 
single point of contact be created to provide information from WCS 
licensees to Sirius XM. It agreed with the WCS Coalition that 
interference issues are best handled directly by the entities operating 
the networks and that an obligatory intermediary will add an 
unnecessary step into the process. Similarly, the Commission concluded 
that de facto spectrum transfer lessees already assume the notification 
and interference obligations pursuant to our

[[Page 9613]]

secondary markets rules and policies. However, if the number of WCS 
providers increases dramatically, the Commission may reevaluate whether 
the burden to SDARS of coordinating with multiple providers offsets the 
inefficiency of introducing a third party into the process.
    45. Although the Commission did not mandate how information should 
be exchanged between WCS and SDARS licensees, it expected that 
licensees would coordinate to ensure the seamless and successful 
exchange of information. WCS and SDARS licensees are able to enter into 
agreements, as discussed above, regarding the logistics of information 
exchanges, and the Commission encouraged parties to implement measures 
to streamline the process to the extent possible.

H. Aeronautical Mobile Telemetry and Deep Space Network Coordination

    46. Upon further review, the Commission found it necessary to 
reconsider and clarify the role of ITU-R M.1459 in the coordination of 
WCS and AMT facilities to promote and bring certainty to the 
coordination process. It required WCS and AMT entities, using accepted 
engineering practices, to apply ITU-R M.1459, as adapted to local 
conditions and operating characteristics of both WCS and AMT systems, 
in coordinating their stations, and thus modified rule Sec.  27.73(a) 
accordingly.
    47. Recommendation ITU-R M.1459 sets forth the recommended 
framework for co-channel sharing between AMT and mobile satellite 
services operations, but is not specific to WCS terrestrial operations. 
Although the 2010 WCS R&O did not specifically require that the parties 
use the interference protection mechanism set forth in the 
Recommendation in coordinating AMT and WCS facilities, Sec.  27.73(a) 
provides that coordination within 45 km or line of sight of an AMT 
facility is necessary to protect AMT receivers ``consistent with 
Recommendation ITU-R M.1459.''
    48. In referencing the Recommendation in Sec.  27.73(a), the 
Commission did not require parties to apply the recommended protection 
values found in the Recommendation. The reference to ITU-R M.1459 
instead serves as a reference point that WCS licensees and AMT entities 
may consider in the course of determining how to coordinate their 
systems. In setting out general guidelines in the 2010 WCS R&O and 
Sec.  27.73(a), the Commission sought to provide parties with 
flexibility to reach agreement on an appropriate mechanism that 
provides both adequate protection to AMT facilities while permitting 
WCS licensees to operate around such facilities to the greatest extent 
possible.
    49. The Commission continued to believe that the appropriate 
approach to reducing potential interference between WCS base stations 
and AMT installations is for the entities, when engaged in a 
coordination process, to take into account the local conditions around 
applicable AMT sites and specific operating characteristics of the AMT 
and WCS facilities. However, given the continued differences in how the 
parties view the basis of such coordination, it was concerned that the 
parties would be unable to reach a mutually satisfactory agreement 
regarding the WCS deployment in a timely manner--an outcome which could 
lead to unacceptable delays in the deployment of WCS networks. 
Therefore, the Commission found it necessary to provide additional 
clarity regarding the WCS/AMT coordination process.
    50. Specifically, the Commission required that WCS and AMT entities 
take into account interference protection considerations identified in 
ITU-R M.1459 as part of the required coordination process. The 
Recommendation sets forth extremely conservative baseline protection, 
or PFD levels, intended to protect AMT receivers. The Commission 
believed that in many cases, the recommended protection criteria would 
provide more protection than required, unnecessarily restricting areas 
where WCS licensees may provide service. The Recommendation itself 
notes that AMT stations have a wide range of characteristics, and that 
some facilities may require less stringent protection criteria values 
than those contained in ITU-R M.1459. Also, ITU-R M.1459 notes that, 
even in the context of co-channel sharing, the calculation used to 
derive the protection values represents a worst case scenario. This 
notwithstanding, the ITU-R M.1459 PFD levels are based on general 
telemetry system characteristics that are applicable in helping to 
determine AMT facilities' vulnerability to interference. Moreover, 
given the conditions of testing and types of deployments in the AMT 
band, there may be circumstances where an AMT facility may require the 
level of protection contemplated by ITU-R M.1459. Accordingly, the 
Commission required the parties to use the ITU-R M.1459 PFD levels as a 
baseline from which to conduct negotiations and interference studies.
    51. In doing so, however, the Commission did not intend for parties 
to strictly apply the recommended PFD level found in ITU-R M.1459. The 
Commission found that strict application of the Recommendation could, 
in many cases, lead to over-protection of the AMT receiver, thereby 
unnecessarily restricting the ability of the WCS licensee to operate. 
Therefore, to determine the appropriate protection level for an AMT 
facility, the parties must, using accepted engineering practices, 
evaluate local conditions surrounding an AMT receiver as well as the 
specific operating characteristics of the applicable AMT and WCS 
systems, and determine how the baseline PFD should be adapted and made 
less restrictive in light of these factors. The Commission specified 
that the local conditions and operating characteristics that the 
parties must consider in their analysis include (but are not limited 
to): line of sight obstructions (e.g. topography), actual performance 
characteristics of the AMT receiver (e.g. antenna gain, power level, 
and modulation), types of AMT antennas used, field of view of the AMT 
receiver, as well as area of operation of the AMT receiver and the 
manner in which telemetry testing is being performed. The Commission 
required parties to adapt the baseline protection criteria for AMT, 
i.e. the applicable PFD level, in light of these and other factors 
applicable to the facility in question. It found that these 
requirements would bring greater certainty to the coordination process, 
and better enable AMT and WCS entities to reach agreement on measures 
that will protect AMT receivers and enable WCS licensees to operate in 
the surrounding area to the greatest extent possible.
    52. Thus, the Commission declined to remove the reference to ITU-R 
M.1459 in Sec.  27.73(a), as the WCS Coalition requested, but clarified 
that WCS and AMT entities, using accepted engineering practices, are 
required to apply ITU-R M.1459, as adapted to local conditions and 
operating characteristics of both WCS and AMT systems, in coordinating 
their stations. In addition, as determined in the 2010 WCS R&O, it 
clarified in Sec.  27.73(a) that a coordination agreement to protect 
existing AMT receivers from WCS base station operations is between the 
WCS licensee and AMT entity(ies); Aerospace & Flight Test Radio 
Coordinating Council (AFTRCC) will facilitate achievement of a mutually 
satisfactory coordination agreement between the WCS licensee and AMT 
entity(ies) for AMT receiver sites in existence at the time of the 
coordination.
    53. AFTRCC also requested, by way of a February 7, 2012 Ex Parte 
submission, that the Commission expand Sec.  27.73 to require WCS 
licensees to coordinate

[[Page 9614]]

their fixed stations with AMT entities and NASA's DSN facility at 
Goldstone, California. Although the WCS Coalition opposed AFTRCC's 
request with respect to coordination with AMT entities, AT&T did not 
object to AFTRCC's request to include WCS fixed stations with WCS base 
stations in the AMT coordination regime. The WCS Coalition argued that 
coordination with AMT entities of WCS fixed stations should not be 
required since there have not been any reports of harmful interference 
to AMT receivers due to WCS fixed stations' operations, while AT&T had 
committed to coordinate with AMT entities WCS fixed stations that 
operate in the upper WCS bands at 2345-2360 MHz. The National 
Telecommunications and Information Administration (NTIA) supported 
coordination of WCS fixed stations that operate in the 2305-2320 MHz 
and 2345-2360 MHz bands with NASA and AMT entities, respectively.
    54. To alert AMT entities and NASA to the location and operation of 
WCS fixed stations that will be deployed within 45 km of AMT receivers 
and 145 km of the Goldstone, California DSN facility, we clarify that 
the AMT and DSN coordination requirements for WCS licensees apply to 
both WCS base and fixed stations (i.e., except fixed WCS CPE). It is 
discernible from a review of the 2001 Public Notice and 2007 Notice in 
this proceeding that the Commission's use of ``base station'' also 
encompassed fixed stations. Moreover, the 2010 WCS R&O's use of 
language directing WCS licensees to provide information to SDARS 
licensees regarding their ``deployed infrastructure'' also demonstrates 
that WCS licensees' information sharing obligations with respect to 
SDARS licensees are not limited only to base stations used in a mobile 
system. Accordingly, the Commission revised Sec.  27.73 to make clear 
that WCS licensees must coordinate 2.3 GHz WCS base and fixed stations 
with AMT entities and NASA's DSN facility in Goldstone, CA. However, it 
clarified that fixed WCS CPE (i.e., fixed equipment operated by a WCS 
subscriber) is not subject to this coordination requirement.

III. Order on Reconsideration in IB Docket No. 95-91

A. Operation of SDARS Terrestrial Repeaters Above 12 Kilowatts Average 
EIRP

    55. Site-by-Site Licensing. The Commission declined to adopt the 
WCS Coalition's suggestions that the Commission clarify the rules 
governing site-by-site licensing of terrestrial repeaters by requiring 
that SDARS licensees seeking to operate a repeater at a power level 
greater than 12 kW average EIRP must request a waiver of the power 
limit rule and must serve such applications on all potentially affected 
WCS licensees. In the SDARS 2nd R&O, the Commission found that 
operation of SDARS repeaters above 12 kW average EIRP serves the public 
interest in areas where WCS facilities are not providing commercial 
service or such commercial service is not imminent. The Commission's 
rules explicitly allow repeater operations at power levels greater than 
12 kW average EIRP on a site-by-site licensing basis, until a 
potentially affected WCS licensee notifies the SDARS licensee of the 
imminent commencement of commercial operations. Thus, the Commission 
determined that there was no need for an SDARS applicant to seek a 
waiver of the Commission's rules to operate repeaters at power levels 
greater than 12 kW average EIRP, because the Commission's rules already 
explicitly allow such operations. The Commission's Satellite Division 
has authorized the operations of a small number of SDARS repeaters at 
power levels above 12 kW average EIRP on delegated authority under a 
site-by-site licensing regime, without waiving the 12 kW average EIRP 
power limit set forth in Sec.  25.214(d). The Commission has not found 
any error in the authorization.
    56. The Commission also found in the SDARS 2nd R&O that the public 
interest supports authorizing as many SDARS repeaters as possible at 
levels of 12 kW average EIRP or less through a blanket licensing 
process, rather than at higher power levels through site-by-site 
licensing. The Commission reiterated its intent to authorize the vast 
majority of SDARS repeaters at power levels at or below 12 kW average 
EIRP under a blanket license. In addition, however, it anticipated 
authorizing repeaters above 12 kW average EIRP mainly in areas where 
WCS licensees do not provide commercial service and do not provide 
notice to SDARS licensees of imminent commercial service.
    57. The Commission also found that it is unnecessary to require 
SDARS applicants to serve applications for site-by-site repeater 
authorization on WCS licensees. The Communications Act of 1934, as 
amended, and Commission rules generally require 30-days notice to the 
public before the Commission can act on any license application. Thus, 
parties potentially affected by the proposed operations already have an 
adequate opportunity to file comments or petitions to deny in response 
to any application to operate SDARS repeaters. The WCS Coalition 
provided no evidence why additional notice of proposed SDARS repeaters 
operations is necessary, particularly as there is only one SDARS 
licensee--Sirius XM--for WCS licensees to monitor.
    58. Definition of ``Potentially Affected'' WCS Licensee. The 
Commission adopted the alternative definition of a ``potentially 
affected WCS licensee'' in Sec. Sec.  25.202(h) and 25.214(d) of the 
Commission's rules, which Sirius XM and WCS licensees both supported. 
Accordingly, it amended Sec. Sec.  25.202(h)(4) and 25.214(d)(3) to 
incorporate a 25 km metric for determining whether a WCS licensee is 
``potentially affected'' by a repeater operating above 12 kW EIRP 
(average) or with an OOBE attenuation level less than those specified 
in Sec. Sec.  25.202(h)(1) and (h)(2)). The Commission recognized in 
the SDARS 2nd R&O that the use of major economic areas (MEAs) and 
regional economic area groupings (REAGs) may be overbroad in 
determining which WCS licensees would be potentially affected by a 
particular SDARS repeater for the purposes of Sec. Sec.  25.202(h) and 
25.214(d). There was no basis at the time, however, to find that the 
proximity-based approach favored by Sirius XM would adequately protect 
WCS licensees from harm. The record established since the release of 
the SDARS 2nd R&O, as well as the support of both the WCS Coalition and 
Sirius XM, provided a basis for adopting a 25 km proximity-based 
definition of a ``potentially affected WCS licensee'' for purposes of 
Sec. Sec.  25.202(h) and 25.214(d) of the Commission's rules.
    59. The Commission did not, however, determine that a blanket 
notification issued by a WCS licensee for all locations ``potentially 
affected'' by repeater deployments--regardless of the actual predicted 
risk of interference--would constitute bad faith, as requested by 
Sirius XM. An SDARS licensee is required to change the operating 
parameters of repeaters under Sec. Sec.  25.202 and 25.214 only when a 
``potentially affected WCS licensee'' notifies it that the WCS licensee 
intends to commence commercial service within 365 days. Thus, SDARS 
repeater operations will be impacted only if a WCS licensee has either 
already commenced commercial service, or when such service is imminent. 
The Commission previously stated that this discourages a WCS licensee 
from sending notices for all areas in which it has licenses to operate, 
regardless of when the licensee actually contemplates service. Although 
there may be

[[Page 9615]]

instances where the WCS licensee provides notice of imminent commercial 
service but does not commence service within the 365-day period, the 
Commission stated that it did not expect bad faith to be the reason for 
the delay. It saw no reason to find differently. To the extent that a 
WCS licensee may overstate the potential for interference from a 
particular SDARS repeater, the Commission did not have reason to find 
that bad faith would necessarily be the motivating factor.

B. Operation of Low-Power SDARS Terrestrial Repeaters

    60. The Commission agreed that SDARS terrestrial repeaters 
operating below 2 W EIRP are unlikely to be sources of interference, 
and therefore it is unnecessary to include these low-power devices in 
the inventory and notification requirements adopted in the SDARS 2nd 
R&O for higher-power devices. Accordingly, it modified Sec.  25.263 to 
exempt such devices from the inventory and notification requirements 
for SDARS terrestrial repeaters.

C. Notification and Cooperation Requirements

    61. The Commission declined to revisit the duty to cooperate 
requirement imposed on WCS licensees in Sec.  27.72(e) of the 
Commission's rules and maintained the existing language of the rule. 
The existing language requires WCS licensees to provide SDARS licensees 
with ``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.'' Although the WCS Coalition argued 
that the additional language is unnecessary where the risk of 
interference is small, the purpose of the rule itself is to allow 
licensees to determine the risk of interference as early as practicable 
in the site selection process so that changes can be made if potential 
harmful interference is found. Thus, the Commission decided that it 
does not serve the purpose of the rule to remove requirements that 
allow sufficient time to conduct interference analyses and allow time 
to modify the site selection, if necessary.
    62. The Commission agreed with the WCS Coalition, however, that the 
notice and duty to cooperate obligations between SDARS and WCS 
licensees should be parallel. To make the obligations parallel, it 
modified the duty to cooperate obligations for SDARS licensees to match 
the obligation for WCS licensees. The Commission disagreed with Sirius 
XM that the record in this proceeding demonstrates that risks of 
interference from WCS stations to SDARS operations are higher than the 
risks of interference from SDARS repeaters to WCS operations, and thus 
impose a greater duty to cooperate on WCS licensees than on SDARS 
licensees. Accordingly, it amended Sec.  25.263(e) to add a requirement 
that SDARS licensees should provide WCS licensees as much lead time as 
practicable to provide ample time to conduct analyses and opportunity 
for prudent repeater site selection prior to SDARS licensees entering 
into real estate and tower leasing or purchasing agreements.
    63. Because the Commission agreed that the notice and duty to 
cooperate obligations between SDARS and WCS licensees should be 
parallel, it modified the notice requirements for SDARS repeaters to 
permit SDARS licensees to modify existing facilities, other than 
changes in location, without prior notice so long as the change does 
not increase the predicted PFD at ground level by more than 1 dB and 
notice of the modification is provided within 24 hours of deployment. 
At the request of WCS licensees, the Commission also adopted this 
revision to the notice obligations for WCS licensees. It saw no reason 
why a parallel revision should not be made for SDARS repeaters and 
amend the notice requirements of Sec.  25.263(b) accordingly. However, 
multiple modifications to SDARS terrestrial repeaters could result in a 
predicted aggregate PFD increase that may negatively affect WCS 
receivers. To avoid such a result, although an SDARS licensee may make 
24-hour post-modification notifications as long as the predicted PFD 
increase at ground level is not greater than 1 dB, if a WCS licensee 
demonstrates to the SDARS licensee that the series of modifications 
using post-modification notification procedures may cause harmful 
interference to WCS receivers, the SDARS licensee must provide the WCS 
licensee with 5-business days notice in advance of additional 
modifications to SDARS terrestrial repeaters. However, the 1 dB limit 
will not apply where a coordination agreement between the parties 
specifies otherwise.
    64. In addition, the Commission ordered Sirius XM to provide 
potentially affected WCS licensees an inventory of its terrestrial 
repeater infrastructure, including the information set forth in Sec.  
25.263 for each repeater currently deployed, within 30 days of the 
publication of a summary of this Order on Reconsideration in the 
Federal Register. It agreed with the WCS Coalition that such a 
requirement is consistent with the intent of the SDARS 2nd R&O. For the 
purpose of this requirement, the definition of ``potentially affected 
WCS licensee'' is the same as that used in Sec.  25.263(b)(1) of the 
Commission's rules.
    65. Finally, the Commission emphasized that cooperation between 
SDARS and WCS licensees is critical to the successful coexistence 
between SDARS and WCS systems, and encouraged SDARS licensees to 
develop and enter into separate coordination agreements with WCS 
licensees for interference mitigation. Therefore, it revised Sec.  
25.263(b)(3) to incorporate the AT&T/Sirius XM proposed language 
encouraging the adoption of coordination agreements by WCS and SDARS. 
To the extent any provision of a coordination agreement between parties 
to mutually resolve harmful interference conflicts with other 
information sharing requirements adopted in this proceeding, the 
parties are obligated to follow the procedures established under the 
agreement. The Commission also added a provision to Sec.  25.263(b) to 
make clear that SDARS and WCS are able to enter into agreements 
regarding the logistics of information exchanges, and it encouraged 
parties to implement measures to streamline the process to the extent 
possible.

IV. Procedural Matters

A. Supplemental Final Regulatory Flexibility Analysis in WT Docket No. 
07-293

    66. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ Initial Regulatory Flexibility Analyses (IRFAs) were 
incorporated in the Notice of Proposed Rulemaking (2007 Notice) \2\ and 
the WCS Performance Public Notice \3\ in WT Docket No. 07-293. The 
Commission sought written public comment on the

[[Page 9616]]

proposals in the 2007 Notice and WCS Performance Public Notice, 
including comment on the IRFAs. In addition, a Final Regulatory 
Flexibility Analysis (FRFA) was incorporated in the Report and Order in 
WT Docket No. 07-293 (2010 WCS R&O).\4\ This present Supplemental Final 
Regulatory Flexibility Analysis (Supplemental FRFA) for the Order on 
Reconsideration conforms to the RFA.\5\
---------------------------------------------------------------------------

    \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 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, 73 FR 2437 
(January 15, 2008) (``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, 75 FR 
17349 (April 6, 2010) (``WCS Performance Public Notice'').
    \4\ See Amendment of part 27 of the Commission's Rules to Govern 
the Operation of Wireless Communications Services in the 2.3 GHz 
Band, WT Docket No. 07-293, Establishment of Rules and Policies for 
the Digital Audio Radio Satellite Service in the 2310-2360 MHz Band, 
IB Docket No. 95-91, GEN Docket No. 90-357, RM-8610, Report and 
Order and Second Report and Order, 75 FR 45058 (April 2, 2010) 
(``2010 WCS R&O and SDARS 2nd R&O'').
    \5\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

    67. Need for, and Objectives of, the Order on Reconsideration. The 
Order on Reconsideration responded to petitions for reconsideration of 
the Report and Order adopting service rules for the Wireless 
Communications Service (WCS) in the 2305-2320 MHz and 2345-2360 MHz 
bands (2.3 GHz WCS bands). The need for and objectives of the rules 
adopted in this Order on Reconsideration are the same as those 
discussed in the FRFA for the Report and Order. In the Report and 
Order, the Commission took 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. In the 2010 WCS R&O, the Commission adopted 
provisions to establish a permanent regulatory framework for the co-
existence of WCS and SDARS operations in the 2305-2360 MHz band while 
limiting the WCS's potential to cause harmful interference (i.e., 
interference which seriously degrades, obstructs, or repeatedly 
interrupts a radiocommunication service) to other adjacent bands 
services. Specifically, the Commission revised certain power and out-
of-band emissions (OOBE) rules applicable to WCS licensees.
    68. On reconsideration, the Commission took the following actions: 
(1) Established maximum design ground power level targets for WCS base 
and fixed station operations to define harmful interference on roadways 
and serve as triggers for interference resolution if exceeded and 
harmful interference (i.e., muting) to SDARS operations occurs; (2) 
eliminated the frequency band restrictions on WCS FDD base station 
operations; (3) relax the restrictions on low-power fixed WCS customer 
premises equipment (CPE) (average equivalent isotropically radiated 
power (EIRP) less than 2 Watts) outdoor and outdoor antenna use under 
certain circumstances; (3) eliminated the duty cycle limits for WCS 
mobile and portable devices and fixed WCS CPE using FDD technology; (4) 
eliminated the power spectral density (PSD) limit for WCS mobile and 
portable devices using appropriate uplink protocols (e.g., 3rd 
Generation Partnership Project (3GPP) Long Term Evolution (LTE)); (5) 
restricted WCS mobile and portable device transmissions in all portions 
of WCS Blocks C and D; (6) encouraged WCS licensees to enter into 
coordination agreements with SDARS licensees to facilitate efficient 
deployment of and coexistence between each service; (7) required 
notification of WCS fixed stations to SDARS licensees; (8) require 
coordination of WCS fixed stations with aeronautical mobile telemetry 
(AMT) entities and NASA's Deep Space Network facility in Goldstone, 
California; (9) allowed post notification to SDARS licensees within 24 
hours for minor WCS station modifications (other than location changes) 
so long as the ground level power flux density is not increased by more 
than 1 dB; 10) exclude WCS stations operating under 2 Watts EIRP from 
the WCS inventory and notification requirements. The Commission 
affirmed its decisions in the 2010 WCS R&O to not establish guard bands 
near the SDARS band for fixed WCS CPE. It also affirmed its decision to 
prohibit FDD WCS mobile and portable devices from transmitting in the 
2345-2360 MHz band, and affirmed the OOBE limits for WCS mobile and 
portable devices and duty cycle limit for WCS mobile and portable 
devices and fixed WCS CPE using time division duplexing (TDD) 
technology adopted in the 2010 WCS R&O. Finally, the Commission 
restarted and extended, by six months, the period within which 
licensees must satisfy the WCS performance requirements.
    69. Summary of Significant Issues Raised by Public Comments in 
Response to the IRFA. No comments were received in response to the 
IRFAs in the 2007 Notice and the WCS Performance Public Notice.
    70. Description and Estimate of the Number of Small Entities to 
Which the 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 rules adopted. The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A small business concern is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' Below, the Commission 
further describes and estimates the number of small entity licensees 
and regulatees that may be affected by the rules changes adopted in the 
Order on Reconsideration.
    71. Wireless Telecommunications Carriers (except satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular phone services, 
paging services, wireless Internet access, and wireless video services. 
The appropriate size standard under SBA rules is for the category 
Wireless Telecommunications Carriers. The size standard for that 
category is that a business is small if it has 1,500 or fewer 
employees. Under the present and prior categories, the SBA has deemed a 
wireless business to be small if it has 1,500 or fewer employees. For 
this category, census data for 2007 show that there were 11,163 firms 
that operated for the entire year. Of this total, 10,791 firms had 
employment of 999 or fewer employees and 372 had employment of 1000 
employees or more. Thus under this category and the associated small 
business size standard, the Commission estimates that the majority of 
wireless telecommunications carriers (except satellite) are small 
entities that may be affected by our proposed action.
    72. WCS Licensees. The Wireless Communication Service in the 2305-
2320 MHz and 2345-2360 MHz frequency bands 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

[[Page 9617]]

than 1,500 persons. There are currently 155 active WCS licenses held by 
10 licensees. Of these, 7 licensees qualify as small entities and hold 
a total of 50 licenses.
    73. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. 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.'' 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. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. According to Census bureau data for 
2007, there were a total of 939 firms in this category that operated 
for the entire year. Of this total, 912 had less than 500 employees and 
17 had more than 1,000 employees. Thus, under that size standard, the 
majority of firms can be considered small.
    74. Audio and Video Equipment Manufacturing. The SBA has classified 
the manufacturing of audio and video equipment under in NAICS Codes 
classification scheme as an industry in which a manufacturer is small 
if it has less than 750 employees. Data contained in the 2007 U.S. 
Census indicate that 491 establishments operated in that industry for 
all or part of that year. In that year, 456 establishments had 99 
employees or less; and 35 had more than 100 employees. Thus, under the 
applicable size standard, a majority of manufacturers of audio and 
video equipment may be considered small.
    75. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities. The Order on 
Reconsideration imposed certain changes in projected reporting, 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 
aeronautical mobile telemetry (AMT) and the Deep Space Network (DSN) 
operations in Goldstone, CA, the Order on Reconsideration clarifies 
that WCS licensees are required to coordinate WCS base and fixed 
stations (except fixed WCS CPE) with AMT and DSN entities. WCS, AMT, 
and DSN entities are required 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. Coordinating parties are also required 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 and 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.
    76. In the 2010 WCS R&O, the Commission also required 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 five 
business days before modifying an existing facility. The Order on 
Reconsideration excludes WCS stations operating under 2 Watts 
equivalent isotropically radiated power (EIRP) from the inventory and 
notification requirements. It also requires WCS licensees to notify 
SDARS licensees within 24 hours of station modifications that would not 
increase the predicted ground level power flux density by more than 1 
dB. To avoid multiple modifications to WCS stations that could result 
in a predicted aggregate PFD increase that may negatively affect SDARS 
receivers, although WCS licensees may make 24 hour post modification 
notifications as long as the predicted PFD increase at ground level is 
not greater than 1 dB, if an SDARS licensee demonstrates to the WCS 
licensee that the series of modifications using post-modification 
notification procedures may cause harmful interference to SDARS 
receivers, the WCS licensee must provide the SDARS licensee with 5 days 
notice in advance of additional modifications to WCS base and fixed 
stations. However, the 1 dB limit will not apply where a coordination 
agreement between the parties specifies otherwise. The Order on 
Reconsideration also clarified that the WCS licensee inventory and 
SDARS licensee notification requirements apply to both WCS base and 
fixed stations (except fixed WCS CPE).
    77. The 2010 WCS R&O 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 2010 WCS R&O 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 2010 
WCS R&O 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. The Order on Reconsideration did not 
modify any of these requirements.
    78. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. 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

[[Page 9618]]

standards; and (4) an exemption from coverage of the rule, or any part 
thereof, for small entities.
    79. The Commission's principal objective in this proceeding was 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 would preclude 
WCS mobile operation, while liberalizing the WCS rules too much would 
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. 
Accordingly, the Commission considered various alternatives, 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.
    80. The Order on Reconsideration adopted a package of compromise 
proposals from WCS licensee AT&T Inc. and SDARS operator Sirius XM 
Radio Inc. that were designed to facilitate the efficient deployment 
and coexistence of the WCS and SDARS and protect adjacent SDARS 
operator Sirius XM Radio Inc. and AMT users, and nearby DSN operations, 
from harmful interference.
    81. WCS Mobile and Portable (Handheld) Device Power Spectral 
Density (PSD) Limits. The Order on Reconsideration eliminated the 50 
milliwatt per megahertz PSD limit for WCS mobile and portable devices 
that operate with bandwidths greater than or equal to 5 megahertz and 
using appropriate uplink (user device to base station) transmission 
technologies. Because the uplink (user device to base station) 
transmission technologies being considered for mobile broadband service 
in the WCS spectrum spread the signal power across the available 
bandwidth, eliminating the PSD limit for these devices will not 
increase the potential for harmful interference to SDARS receivers. In 
addition, without a PSD limit for WCS mobile devices, WCS licensees 
will not be forced to increase the number of cell sites (i.e., base 
stations installed) to ensure adequate service, which would make it 
economically unfeasible to deploy a WCS mobile network.
    82. WCS Performance Requirements. Further, in the 2010 WCS R&O, the 
Commission adopted revised performance requirements for WCS. The 
Commission adopted enhanced construction rules that replaced 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 2010 WCS R&O reduced the 
level of construction required in such markets. The Commission sought 
to establish a buildout requirement that is reasonable and achievable 
for WCS licensees, including small entities, but which encourages rapid 
and meaningful deployment of mobile broadband services. The Commission 
considered alternative performance benchmarks, including requirements 
using shorter timeframes, and lower percentages of required 
construction. However, the Commission concluded that other alternatives 
would not strike the appropriate balance. Further, with respect to the 
performance rules, all WCS entities are required to file construction 
notifications to inform the Commission that they have successfully met 
the performance requirements described above. The Order on 
Reconsideration extended the time period within which licensees must 
meet the WCS interim and final performance requirements to 48- and 78-
months, respectively. Further, because certain technical specifications 
established in the 2010 WCS R&O may have inadvertently hindered the 
ability of licensees to deploy mobile broadband services, the Order on 
Reconsideration restarted the construction periods to provide WCS 
licensees with the full 48- and 78 month construction timeframes to 
enable licensees to respond to the revisions the Commission made to the 
2.3 GHz WCS rules.
    83. Report to Congress. The Commission will send a copy of the 
Order on Reconsideration, including this Supplemental FRFA, in a report 
to be sent to Congress pursuant to the Congressional Review Act. In 
addition, the Commission will send a copy of the Order on 
Reconsideration, including this Supplemental FRFA, to the Chief Counsel 
for Advocacy of the SBA.

B. Supplemental Final Regulatory Certification in IB Docket No. 95-91

    84. The Regulatory Flexibility Act of 1980, as amended (RFA) 
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.'' The RFA generally defines ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).
    85. The rules adopted in this Order on Reconsideration 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 Order on Reconsideration. 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. 
Currently, only a single operator, Sirius XM Radio Inc. (``Sirius 
XM''), holds licenses to provide SDARS, which requires a great 
investment of capital for operation. Sirius XM has annual revenues in 
excess of $15.0 million. 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.
    86. Therefore, since only one large entity is affected by the rules 
adopted in this Order on Reconsideration, we certify that the 
requirements of the Order on Reconsideration will not have a 
significant economic impact on a substantial number of small entities. 
The Commission will send a copy of the Order on Reconsideration, 
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 Order on 
Reconsideration 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).

C. Congressional Review Act

    87. The Commission will send a copy of this Order on 
Reconsideration 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).

[[Page 9619]]

V. Ordering Clauses

    88. Pursuant to Sec. Sec.  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(r), 307, the Order 
on Reconsideration in WT Docket No. 07-293 and IB Docket No. 95-91 is 
hereby adopted.
    89. The rule revisions adopted herein will become effective March 
13, 2013, except for Sec. Sec.  25.263(b), 27.72(b), and 27.73(a), 
which contain new or modified information collection requirements that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act and will become effective after the Commission 
publishes a notice in the Federal Register announcing approval of the 
effective date.
    90. ARRL's Petition for Clarification or Partial Reconsideration, 
filed September 1, 2010, is granted in part and denied in part, to the 
extent provided herein.
    91. AT&T, Inc.'s Petition for Partial Reconsideration, filed 
September 1, 2010, is granted in part and denied in part, to the extent 
provided herein.
    92. Sirius XM's Petition for Partial Reconsideration and 
Clarification, filed September 1, 2010, is granted in part and denied 
in part, to the extent provided herein.
    93. Stratos' Petition for Clarification, filed September 1, 2010, 
IS GRANTED, to the extent provided herein.
    94. WCS Coalition's Petition for Partial Reconsideration, filed 
September 1, 2010, is granted in part and denied in part, to the extent 
provided herein.
    95. WCS licensees are hereby directed to provide Sirius XM with an 
inventory of their fixed (except fixed Customer Premises Equipment) 
station infrastructure within March 13, 2013, of this Order on 
Reconsideration in the Federal Register.
    96. Sirius XM is hereby directed to provide potentially affected 
WCS licensees with an inventory of its terrestrial repeater 
infrastructure, including the information set forth in Sec.  
25.263(c)(2) for each repeater currently deployed, within March 13, 
2013, of this Order on Reconsideration in the Federal Register.
    97. The performance periods for licensees in the Wireless 
Communications Service are hereby reset and will recommence beginning 
30 days after a summary of the Order on Reconsideration is published in 
the Federal Register.
    98. Pursuant to Sec. Sec.  4(i) and 308 of the Communications Act 
of 1934, 47 U.S.C. 154, 308, and Sec.  1.946 of the Commission's rules, 
47 CFR 1.946, that to obtain a renewal expectancy at their July 21, 
2017 renewal deadline, each 2.3 GHz Wireless Communications Service 
licensee must certify, for each license area, that they have 
maintained, or exceeded, the level of coverage demonstrated for that 
license area at the 48-month construction deadline. This certification 
requirement and renewal standard are subject to any superseding or 
additional requirements or standards that the Commission may adopt in 
its ongoing rulemaking proceeding to harmonize the renewal requirements 
and standards for Wireless Radio Services, WT Docket No. 10-112.
    99. The Consumer and Governmental Affairs Bureau, Reference 
Information Center, shall send a copy of this Order on Reconsideration, 
including the Supplemental Final Regulatory Flexibility Analysis and 
the Supplemental Final Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.
    100. The Commission SHALL SEND a copy of this Order on 
Reconsideration, including the Supplemental Final Regulatory 
Flexibility Analysis and Supplemental 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).

List of Subjects

47 CFR Part 25

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements, Satellites, 
Telecommunications.

47 CFR Part 27

    Communications common carriers, Communications equipment, 
Incorporation by reference, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.

Gloria J. Miles,
Federal Register Liaison.

Rule Changes

    For the reasons discussed, the Federal Communications Commission 
amends 47 CFR parts 25 and 27 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
1. The authority citation for part 25 is revised to read as follows:

    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. 154, 301, 302a, 303, 307, 309, and 332, unless 
otherwise noted.


0
2. Section 25.202 is amended by revising paragraph (h)(4) introductory 
text to read as follows:


Sec.  25.202  Frequencies, frequency tolerance, and emission 
limitations.

* * * * *
    (h)* * *
    (4) For the purpose of this section, a WCS licensee is potentially 
affected if it is authorized to operate a base station in the 2305-2315 
MHz or 2350-2360 MHz bands within 25 kilometers of a repeater seeking 
to operate with an out of band emission attenuation factor less than 
those prescribed in paragraphs (h)(1) or (2) of this section.
* * * * *

0
3. Section 25.214 is amended by revising paragraph (d)(3) to read as 
follows:


Sec.  25.214  Technical requirements for space stations in the 
satellite digital audio radio service and associated terrestrial 
repeaters.

* * * * *
    (d)* * *
    (3) For the purpose of this section, a WCS licensee is potentially 
affected if it is authorized to operate a base station in the 2305-2315 
MHz or 2350-2360 MHz bands within 25 kilometers of a repeater seeking 
to operate with a power level greater than that prescribed in paragraph 
(d)(1) of this section.

0
4. Section 25.263 is amended by revising the first sentence of 
paragraph (b) introductory text, revising paragraph (b)(1)(ii), adding 
paragraphs (b)(3) through (6), and revising paragraph (e) to read as 
follows:


Sec.  25.263  Information sharing requirements for SDARS terrestrial 
repeater operators.

* * * * *
    (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 
Wireless Communications Service (WCS) licensees. * * *
    (1) * * *
    (ii) Is authorized to operate 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;
* * * * *
    (3) For modifications other than changes in location, a licensee 
may provide notice within 24 hours after the modified operation if the 
modification does not result in a predicted increase

[[Page 9620]]

of the power flux density (PFD) at ground level by more than 1 dB since 
the last advance notice was given. If a demonstration is made by the 
WCS licensee that such modifications may cause harmful interference to 
WCS receivers, SDARS licensees will be required to provide notice 5 
business days in advance of additional repeater modifications.
    (4) SDARS repeaters operating below 2 watts equivalent 
isotropically radiated power (EIRP) are exempt from the notice 
requirements set forth in this paragraph.
    (5) SDARS licensees are encouraged to develop separate coordination 
agreements with WCS licensees to facilitate efficient deployment of and 
coexistence between each service. To the extent the provisions of any 
such coordination agreement conflict with the requirements set forth 
herein, the procedures established under a coordination agreement will 
control. SDARS licensees must maintain a copy of any coordination 
agreement with a WCS license in their station files and disclose it to 
prospective assignees, transferees, or spectrum lessees and, upon 
request, to the Commission.
    (6) SDARS and WCS licensees may enter into agreements regarding 
alternative notification procedures.
* * * * *
    (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. SDARS 
licensees should provide WCS licensees as much lead time as practicable 
to provide ample time to conduct analyses and opportunity for prudent 
repeater site selection prior to SDARS licensees entering into real 
estate and tower leasing or purchasing agreements. 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 International 
Bureau, in consultation with the Office of Engineering and Technology 
and the Wireless Telecommunications 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 SDARS 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.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
5. The authority citation for part 27 is revised to read as follows:

    Authority:  47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
and 337, unless otherwise noted.


0
6. Section 27.14 is amended by revising paragraphs (p)(1), (2), (3), 
and (5) to read as follows:


Sec.  27.14  Construction requirements; Criteria for renewal.

* * * * *
    (p) * * *
    (1) For mobile and point-to-multipoint systems in Blocks A and B, 
and point-to-multipoint systems in Blocks C and D, a licensee must 
provide reliable signal coverage and offer service to at least 40 
percent of the license area's population by March 13, 2017, and to at 
least 75 percent of the license area's population by September 13, 
2019. If, when filing the construction notification required under 
Sec.  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 Sec.  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 13, 2017, and 30 point-to-
point links per million persons (one link per 33,500 persons) in a 
licensed area by September 13, 2019. 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 13, 2017, and a 
minimum of 15 point-to-point links by September 13, 2019.
* * * * *
    (5) If an initial authorization for a license area is granted after 
March 13, 2013, then the applicable benchmarks in paragraphs (p)(1), 
(2) and (3) of this section must be met within 48 and 78 months, 
respectively, of the initial authorization grant date.
* * * * *

0
7. Section 27.50 is amended by removing paragraph (a)(1)(iii) and 
revising paragraphs (a)(2) and (3) to read as follows:


Sec.  27.50  Power limits and duty cycle.

    (a) * * *
    (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 using the stepped emissions mask prescribed in Sec.  
27.53(a)(3) is prohibited except if professionally installed in 
locations removed by 20 meters from roadways or in locations where it 
can be shown that the ground power level of -44 dBm in the A or B 
blocks or -55 dBm in the C or D blocks will not be exceeded at the 
nearest road location. The use of outdoor antennas for fixed CPE 
stations operating with 2 watts per 5 megahertz or less average EIRP 
and the emissions mask prescribed in Sec.  27.53(a)(1)(i) through (iii) 
is permitted in all locations. For fixed WCS CPE using TDD technology, 
the duty cycle must not exceed 38 percent;
    (3) Mobile and portable stations. (i) For mobile and portable 
stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz 
band, the average EIRP must not exceed 50 milliwatts within any 1 
megahertz of authorized bandwidth, except that for mobile and portable 
stations compliant with 3GPP LTE standards or another advanced mobile 
broadband protocol that avoids concentrating energy at the edge of the 
operating band the average

[[Page 9621]]

EIRP must not exceed 250 milliwatts within any 5 megahertz of 
authorized bandwidth but may exceed 50 milliwatts within any 1 
megahertz of authorized bandwidth. For mobile and portable stations 
using time division duplexing (TDD) technology, the duty cycle must not 
exceed 38 percent in the 2305-2315 MHz and 2350-2360 MHz bands. Mobile 
and portable stations using FDD technology are restricted to 
transmitting in the 2305-2315 MHz band. Power averaging shall not 
include intervals in which the transmitter is off.
    (ii) Mobile and portable stations are not permitted to transmit in 
the 2315-2320 MHz and 2345-2350 MHz bands.
    (iii) Automatic transmit power control. Mobile and portable 
stations transmitting in the 2305-2315 MHz band or in the 2350-2360 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 vehicle-mounted antennas. The use of 
external vehicle-mounted antennas for mobile and portable stations 
transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band is 
prohibited.
* * * * *

0
8. Section 27.53 is amended by revising paragraphs (a)(1)(i) through 
(iii), (a)(2)(i) through (iii), and (a)(3) through (5) to read as 
follows:


Sec.  27.53  Emission limits.

    (a) * * *
    (1) * * *
    (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(s) 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 on all 
frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all 
frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all 
frequencies between 2285 and 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 on all 
frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all 
frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all 
frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all 
frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 
2370 MHz.
    (2) * * *
    (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(s) 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 on all 
frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all 
frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all 
frequencies between 2285 and 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 on all 
frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all 
frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all 
frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all 
frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 
2370 MHz.
    (3) For fixed CPE stations operating in the 2305-2320 MHz and 2345-
2360 MHz bands 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(s) of operation, 
not less than 55 + 10 log (P) dB on all frequencies between 2320 and 
2324 MHz and between 2341 and 2345 MHz, not less than 61 + 10 log (P) 
dB on all frequencies between 2324 and 2328 MHz and between 2337 and 
2341 MHz, and 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 on all 
frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all 
frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all 
frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all 
frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below 
2288 MHz;
    (iii) By a factor of not less than 43 + 10 log (P) dB on all 
frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log 
(P) dB above 2365 MHz.
    (4) For mobile and portable stations operating in the 2305-2315 MHz 
and 2350-2360 MHz bands:
    (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(s) 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, and 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 on all 
frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all 
frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all 
frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all 
frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below 
2288 MHz;
    (iii) By a factor of not less than 43 + 10 log (P) dB on all 
frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log 
(P) dB above 2365 MHz.
    (5) 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 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). 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.
* * * * *

0
9. Section 27.64 is amended by adding paragraph (d) to read as follows:


Sec.  27.64  Protection from interference.

     * * *
    (d) Harmful interference to SDARS operations requiring resolution. 
The following conditions will be presumed to constitute harmful 
interference to SDARS operations from WCS operations in the 2305-2320 
MHz and 2345-2360 MHz bands and require WCS operators to work 
cooperatively with SDARS operators to address areas where such power 
levels are exceeded and harmful interference occurs:
    (1) A WCS ground signal level greater than -44 dBm in the upper or 
lower A or B block, or -55 dBm in the C or D block, present at a 
location on a roadway, where a test demonstrates that

[[Page 9622]]

SDARS service would be muted over a road distance of greater than 50 
meters; or
    (2) A WCS ground signal level exceeding -44 dBm in the upper or 
lower A or B block, or -55 dBm in the C or D block on a test drive 
route, which is mutually agreed upon by the WCS licensee and the SDARS 
licensee, for more than 1 percent of the cumulative surface road 
distance on that drive route, where a test demonstrates that SDARS 
service would be muted over a cumulative road distance of greater than 
0.5 percent (incremental to any muting present prior to use of WCS 
frequencies in the area of that drive test).

0
10. Section 27.72 is amended by revising the introductory text, 
paragraphs (a), (b), (c)(2)(i), (c)(3), and (e) to read as follows:


Sec.  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 and fixed stations (except fixed customer premises 
equipment) 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. WCS licensees 
are encouraged to develop separate coordination agreements with SDARS 
licensees to facilitate efficient deployment of and coexistence between 
each service. To the extent the provisions of any such coordination 
agreement conflict with the requirements set forth herein, the 
procedures established under a coordination agreement will control. WCS 
licensees must maintain a copy of any coordination agreement with an 
SDARS licensee in their station files and disclose it to prospective 
assignees, transferees, or spectrum lessees and, upon request, to the 
Commission.
    (a) Sites and frequency selections. WCS licensees must select base 
and fixed 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 or fixed station must, before commencing such operation, provide 
10 business days prior notice to all SDARS licensees. WCS licensees 
that intend to modify an existing 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 Sec.  1.4(e)(2) of this chapter.
    (1) For modifications other than changes in location, a licensee 
may provide notice within 24 hours after the modified operation if the 
modification does not result in a predicted increase of the power flux 
density (PFD) at ground level by more than 1 dB since the last advance 
notice was given. If a demonstration is made by the SDARS licensee that 
such modifications may cause harmful interference to SDARS receivers, 
WCS licensees will be required to provide notice 5 business days in 
advance of additional station modifications.
    (2) WCS base and fixed stations operating below 2 watts equivalent 
isotropically radiated power (EIRP) are exempt from the notice 
requirements set forth in this paragraph.
    (3) WCS and SDARS licensees may enter into agreements regarding 
alternative notification procedures.
    (c) * * *
    (2) * * *
    (i) The coordinates of the proposed base or fixed stations to an 
accuracy of no less than 1 second latitude and longitude;
* * * * *
    (3) A WCS licensee operating base or fixed stations must maintain 
an accurate and up-to-date inventory of its stations, including the 
information set forth in Sec.  27.72(c)(2), which shall be available 
upon request by the Commission.
* * * * *
    (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 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, as defined in Sec.  27.64(d), 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.

0
11. Section 27.73 is amended by revising the introductory text and 
paragraphs (a), (b), and (c) to read as follows:


Sec.  27.73  WCS, AMT, and Goldstone coordination requirements.

    This section requires Wireless Communications Services (WCS) 
licensees in the 2305-2320 MHz and 2345-2360 MHz bands, respectively, 
to coordinate the deployment of base and fixed stations (except fixed 
customer premises equipment) with the Goldstone, CA Deep Space Network 
(DSN) facility in the 2290-2300 MHz band and 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 and DSN facilities.
    (a) WCS licensees operating base and fixed stations in the 2345-
2360 MHz band must, prior to operation of such stations, achieve a 
mutually satisfactory coordination agreement with the AMT entity(ies) 
(i.e., FCC licensee(s) and/or Federal operator(s)) for any AMT receiver 
facility within 45 kilometers or radio line of sight, whichever 
distance is larger, of the intended WCS base or fixed station location. 
The coordinator for the assignment of flight test frequencies in the 
2360-2390 MHz band, Aerospace and Flight Test Radio Coordination 
Council (AFTRCC) or successors of AFTRCC, will facilitate a mutually 
satisfactory coordination agreement between the WCS licensee(s) and AMT 
entity(ies) for existing AMT receiver sites. The locations of current 
Federal and non-Federal AMT receiver sites may be obtained from AFTRCC 
at Post Office Box 12822 Wichita, KS 67277-2822, (316) 946-8826, or 
successor frequency coordinators of AFTRCC. Such coordination agreement 
shall provide protection to existing AMT receiver stations consistent 
with International Telecommunication Union (ITU) Recommendation ITU-R 
M.1459, ``Protection criteria for telemetry

[[Page 9623]]

systems in the aeronautical mobile service and mitigation techniques to 
facilitate sharing with geostationary broadcasting-satellite and 
mobile-satellite services in the frequency bands 1 452-1 525 MHz and 2 
310-2 360 MHz May 2000 edition,'' adopted May 2000, as adjusted using 
generally accepted engineering practices and standards to take into 
account the local conditions and operating characteristics of the 
applicable AMT and WCS facilities. This ITU document is incorporated by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and 
approved by the Director of Federal Register. Copies of the 
recommendation may be obtained from ITU, Place des Nations, 1211 Geneva 
20, Switzerland, or online at https://www.itu.int/en/publications/Pages/default.aspx. You may inspect a copy at the Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
https://www/archives.gov/federal_ register/code--of--federal--
regulations/ibr--locations.html.
    (b) WCS licensees operating base and fixed stations in the 2305-
2320 MHz band must, prior to operation of such 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[deg]25'33'' N, 116[deg]53'23'' 
W).
    (c) After base or fixed 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.
* * * * *
[FR Doc. 2013-02907 Filed 2-8-13; 8:45 am]
BILLING CODE 6712-01-P