The Federal Communications Commission and National Telecommunications and Information Administration: Coordination Procedures in the 1695-1710 MHz and 1755-1780 MHz Bands, 54710-54718 [2014-21748]
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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Notices
DEPARTMENT OF COMMERCE
Department of Commerce, National
Telecommunications and Information
Administration, 1401 Constitution Ave.
NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Janet Young at (202) 418–0837 or
janet.young@fcc.gov, Broadband
Division, Wireless Telecommunications
Bureau, FCC, or Gary Patrick, Office of
Spectrum Management, NTIA, at (202)
482–3650 or gpatrick@ntia.doc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of a public notice of the
coordination procedures in the 1695–
1710 MHz and 1755–1780 MHz Bands,
jointly by the Federal Communications
Commission and the United States
Department of Commerce, National
Telecommunications and Information
Administration, GN Docket No. 13–185,
DA 14–1023, released on July 18, 2014.
[GN Docket No. 13–185; DA 14–1023]
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FEDERAL COMMUNICATIONS
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The Federal Communications
Commission and National
Telecommunications and Information
Administration: Coordination
Procedures in the 1695–1710 MHz and
1755–1780 MHz Bands
Federal Communications
Commission and National
Telecommunications and Information
Administration, U.S. Department of
Commerce.
ACTION: Notice.
AGENCY:
The Federal Communications
Commission’s (FCC) Wireless
Telecommunications Bureau (WTB) and
the National Telecommunications and
Information Administration (NTIA)
issue this joint public notice to provide
information about Federal/non-Federal
coordination in the AWS–3 bands in
which Federal incumbents have
spectrum assignments. We jointly refine
certain AWS–3 Protection Zones,
reducing them from nationwide scope to
more specific geographic areas. We
provide information and guidance on
the overall coordination process, as
contemplated by the AWS–3 R&O,
including informal pre-coordination
discussions and the formal process of
submitting coordination requests and
receiving results from relevant agencies.
Also, we provide refined Protection
Zones for AWS–3 licenses for which
proximity to certain Federal satellite
uplink stations could potentially cause
harmful interference into AWS–3
licensee base stations along with a
streamlined option for satisfying this
coordination requirement.
ADDRESSES: Federal Communications
Commission, 445 12th St. SW.,
Washington, DC 20554 and U.S.
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SUMMARY:
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I. Introduction
1. In March 2014, the Federal
Communications Commission
(Commission or FCC) adopted new rules
that will make available significantly
more spectrum for Advanced Wireless
Services (AWS). See Report and Order,
GN Docket No. 13–185, 29 FCC Rcd
4610 (2014) (recon. pending), 79 FR
32366 (June 4, 2014) (AWS–3 R&O). The
rules are a milestone in providing
commercial access to new spectrum
bands through a spectrum-sharing
arrangement with incumbent federal
users. As part of that arrangement, the
Commission’s AWS–3 rules require
successful coordination with Federal
incumbents prior to operation in
Protection Zones (also referred to here
as coordination zones). By this public
notice the Commission, through its
Wireless Telecommunications Bureau,
and the National Telecommunications
and Information Administration (NTIA)
provide (i) information for potential
bidders in the AWS–3 auction and (ii)
guidance to the ultimate AWS–3
licensees and the affected Federal
incumbents regarding coordination
between Federal and non-Federal for
shared use of the 1695–1710 MHz and
1755–1780 MHz bands. The joint nature
of this public notice reflects intersecting
jurisdictions of the Commission
(commercial users) and NTIA (Federal
users) in these bands. In the AWS–3
R&O, the Commission authorized and
directed its Wireless
Telecommunications Bureau to work
with NTIA staff, in collaboration with
affected Federal agencies or Commerce
Spectrum Management Advisory
Committee (CSMAC) members, to
develop this joint FCC and NTIA public
notice with information on coordination
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procedures in the 1695–1710 MHz and
1755–1780 MHz bands. AWS–3 R&O at,
29 FCC Rcd at 4693 para. 221.
2. The public notice proceeds as
follows. In section II, we provide
general background information about
Federal/non-Federal coordination in the
AWS–3 bands in which Federal
incumbents have spectrum assignments.
In section III, we jointly refine certain
AWS–3 Protection Zones, reducing
them from nationwide scope to more
specific geographic areas. Section IV
provides information and guidance on
the overall coordination process, as
contemplated by the AWS–3 R&O,
including informal pre-coordination
discussions and the formal process of
submitting coordination requests and
receiving results from relevant agencies.
Section V provides refined Protection
Zones for AWS–3 licenses for which
proximity to certain Federal satellite
uplink stations could potentially cause
harmful interference into AWS–3
licensee base stations along with a
streamlined option for satisfying this
coordination requirement. The
Appendices to this public notice are
formatted tables, images, and a sample
coordination agreement that are
available online at: www.ntia.doc.gov/
category/aws-3-transition and https://
apps.fcc.gov/edocs_public/attachmatch/
DA-14-1023A1.pdf.
II. Background
3. AWS–3 R&O. On March 31, 2014,
the Commission adopted rules
governing commercial use of spectrum
in the 1695–1710 MHz, 1755–1780
MHz, and 2155–2180 MHz bands
making 65 megahertz of spectrum
available for flexible use wireless
services, including mobile broadband.
The Commission’s action was another
step in implementing the Congressional
directive in Title VI of the Middle Class
Tax Relief and Job Creation Act of 2012
(Spectrum Act) to make more spectrum
available for flexible uses. It was also
the culmination of years of effort to
facilitate commercial access to some of
these bands through spectrum-sharing
arrangements with incumbent Federal
users. In particular, 40 megahertz in the
band is being made available for
commercial use pursuant to
collaboration among the wireless
industry and Federal agencies facilitated
in part by NTIA, which chartered the
Commerce Spectrum Management
Advisory Committee (CSMAC) to advise
it on these matters.
4. Information on Incumbent Federal
operations. Information about
incumbent Federal operations is
generally available through the affected
agencies’ Transition Plans. The publicly
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available Transition Plans are published
at www.ntia.doc.gov/category/aws-3transition. NTIA and CSMAC reports are
also available through this Web site. By
way of background, Federal incumbents
in the 1695–1710 MHz and 1755–1780
MHz bands were required to develop
and submit Transition Plans to
implement relocation or sharing
arrangements and affected Federal
agencies have recently done so.
Transition Plans contain information on
these Federal systems including the
frequencies used, emission bandwidth,
system use, geographic service area,
authorized radius of operation, and
estimated timelines and costs for
relocation or sharing. Affected agencies
are permitted to redact from the
publicly-released transition plans
classified national security information
and ‘‘other information for which there
is a legal basis for nondisclosure and the
public disclosure of which would be
detrimental to national security,
homeland security, or public safety or
would jeopardize a law enforcement
investigation.’’ See AWS–3 R&O, 29 FCC
Rcd at 4694 para. 224 & n.673 (citing 47
U.S.C. 923(h)(7), 929). Each Federal
entity that requested pre-auction funds
attested in its Transition Plan that it
will, during the transition period, make
available to a non-Federal user with
appropriate security clearances any
classified information regarding the
relocation process, on a need-to-know
basis, to assist the non-Federal user in
the relocation process with the eligible
Federal entity or other eligible Federal
entities. Accord 47 U.S.C.
928(d)(3)(B)(ii)(4). See also NTIA
Manual of Regulations and Procedures
for Federal Radio Frequency
Management (NTIA Manual), Annex O
at O.4.1 para. 3, O.6.1, and at Appendix:
Common Format for Transition Plans,
Tab B.
5. Generally, incumbent Federal
operations in 1695–1710 MHz and
1755–1780 MHz include the following
categories of systems:
• 1695–1710 MHz. This band is used
by the meteorological satellite (MetSat)
service (restricted to space-to-Earth
operation). Details on the protected 47
Federal MetSat operations that will
continue to be protected on a primary
basis in the 1675–1695 MHz band and
a co-primary basis in the 1695–1710
MHz band are publicly available in the
relevant Transition Plans.
• 1755–1780 MHz. Federal
assignments in this band (and for
purposes of describing the AWS 3
coordination requirements that the
Commission adopted in the AWS–3
R&O) can be grouped into two
categories: (1) United States and
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Possessions (USP) assignments; and (2)
non-USP assignments. (In Federal
spectrum management, the term ‘‘nonUSP’’ can refer to operations outside of
the United States and Possessions, but
in this public notice the term ‘‘nonUSP’’ refers to assignments that are not
Federal USP assignments as described
above.)
Æ Federal USP assignments. Some
Federal incumbents have assignments in
the band that specify an area of
transmission, reception, or operation as
‘‘USP.’’ Section G.2 of Annex G of the
NTIA Manual contains abbreviations
used in the Transmitter and Receiver
State/County fields of the Government
Master File (GMF). The abbreviation
‘‘USP’’ is for use only when transmitting
and/or receiving throughout the United
States and Possessions, id. G.2.3, which
‘‘includes the 50 States, the District of
Columbia, the Commonwealth of Puerto
Rico, and the territories and possessions
(but less the Canal Zone).’’ NTIA
Manual, 6.1 Definitions. Such
assignments authorize agencies to
operate particular radio systems
anywhere they are needed throughout
the United States and Possessions. Put
differently, incumbent use may not be
simultaneous nationwide and
incumbents may be able to share
frequencies in some areas prior to
relocating all operations from the band.
All USP assignments will be
transitioned out of the 1755–1780 MHz
band. See 47 CFR 27.1134(f)(1). See also
NTIA Manual 9.8.2 (Application Data
Requirements), Field 39 (Circuit
Remarks) (e) (Authorized States)
(allowing the transmitter and receiver
antenna location fields to describe an
area of operation as USP if within four
or more States and the area includes a
Possession).
b The specific areas where
incumbents operate under their USP
assignments are redacted from publicly
released Transition Plans.
b The Commission’s rules require
each AWS–3 licensee, prior to its first
operations in its AWS–3 licensed area,
to reach a coordination arrangement
with each Federal agency that has a USP
assignment in the band on an operatorto-operator basis.
b This public notice does not change
this requirement—the refined Protection
Zones discussed in sections III and V
are inapplicable to this requirement.
b There are 21 USP assignments
including one telemetry assignment,
two robotics assignments, and 18 video
assignments. The incumbent agencies
are: Department of Homeland Security,
Department of Justice, National
Aeronautics and Space Administration,
Department of the Treasury, Department
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of Housing and Urban Development
(HUD), United States Agency for
International Development (USAID),
and Department of Veterans Affairs.
Updated contact information for each of
these agencies is available at
www.ntia.doc.gov/category/aws-3transition. HUD and USAID each
specify USP assignments in their
Transition Plans under relocation
timelines of 0–1 month, making
coordination arrangements unnecessary.
Æ Federal non-USP assignments.
Most Federal assignments specify
particular areas of operation within the
United States (rather than USP).
b Details on incumbent Federal
agencies’ operations are generally
available in the relevant, publiclyreleased Transition Plans.
b Most non-USP assignments will be
transitioned out of 1755–1780 MHz,
with the exception of the six sites in
which Joint Tactical Radio Systems may
operate, the two polygons within which
the Air Combat Training System may
operate, and the 25 sites where Federal
earth stations may transmit. See 47 CFR
2.106 footnote US91.
b Most details of Department of
Defense (DoD) operations are redacted
from the publicly released Transition
Plans, but will be made available in a
modified format with slightly more
generalized details through a separate
release. As noted above, affected
agencies are permitted to redact from
the publicly-released transition plans
classified national security information
and ‘‘other information for which there
is a legal basis for nondisclosure and the
public disclosure of which would be
detrimental to national security,
homeland security, or public safety or
would jeopardize a law enforcement
investigation.’’ See 47 U.S.C. 929.
b The Commission’s rules require
that, prior to operating in a Protection
Zone a base station that enables mobiles
and portables to transmit in the 1755–
1780 MHz band, AWS–3 licensees
successfully coordinate with each
Federal incumbent.
b In the AWS–3 R&O, the
Commission stated that, for the 1755–
1780 MHz band, the default Protection
Zones are nationwide.
b This public notice refines the
nationwide default Protection Zones.
The refined Protection Zones (discussed
in sections III and V below and
Appendices B and C, respectively) are
intended in part to provide information
to potential AWS–3 licensees on Federal
operations in the 1755–1780 MHz band
without disclosing non-public
information about these systems.
6. The Transition Plans generally
provide detailed information about
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these systems, including the transition
timelines. After reaching an
arrangement with each USP agency,
AWS–3 licensees are permitted to
operate anywhere in these bands
outside of Protection Zones that protect
Federal incumbents during transition
and on a permanent basis for systems
that remain in the bands indefinitely.
AWS–3 licensees may expect that the
magnitude of the requirement to
coordinate will decrease over time as
agencies execute their Transition Plans.
We describe the specific coordination
requirements below.
III. Refined Protection Zones
Establishing Areas Where AWS–3
Licensees Must Successfully Coordinate
With Federal Incumbents Operating
Under Non-USP Assignments
7. In this section and in section V, we
discuss refined Protection Zones for
coordination with Federal agencies
operating under non-USP assignments
in the 1695–1710 MHz and 1755–1780
MHz bands. As described in section II
above, for USP assignments, AWS–3
licensees are required to reach a
coordination arrangement with each
Federal agency that has a USP
assignment in 1755–1780 MHz on an
operator-to-operator basis prior to first
operation in its licensed area. The
refined Protection Zones in this public
notice are organized into two sections
depending on their purpose. The
Protection Zones discussed in this
section III (with details in Appendices
A & B) are intended to protect
incumbent Federal operations from
AWS–3 operations in the 1695–1710
MHz band up to 30 dBm EIRP and in
the 1755–1780 MHz band up to 20 dBm
EIRP. The Protection Zones discussed in
section V (with details in Appendix C)
are intended to address potential
interference into AWS–3 base stations
in proximity to certain Federal satellite
uplink stations. The refined Protection
Zones in sections III and V are
inapplicable to coordination with USP
agencies.
8. In the AWS–3 R&O, the
Commission adopted rules that require
AWS–3 licensees to successfully
coordinate with incumbent Federal
users before operating within
coordination zones (as noted above, also
referred to here as Protection Zones).
Several statutory provisions encourage
negotiation, coordination, and spectrum
sharing between non-Federal users and
Federal entities. Under the AWS–3 R&O,
AWS–3 licensees are permitted to
operate anywhere outside of the
Protection Zones without prior
coordination with non-USP incumbents.
There are two Federal/non-Federal
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coordination scenarios: (1) Temporary
sharing prior to Federal relocation from
the band under an approved Transition
Plan; and (2) permanent sharing where
incumbent Federal operations will
remain in the band indefinitely. Under
the first scenario, AWS–3 licenses will
be conditioned, by rule, on not causing
harmful interference to relocating
Federal operations. Under both
scenarios the Commission’s rules
require successful coordination with
Federal incumbents prior to operation
in Protection Zones. Under the terms of
the AWS–3 R&O, AWS–3 licensees will
be permitted to operate in any area:
Outside of a Protection Zone for any
Federal operation in 1695–1710 MHz or
1755–1780 MHz during the transition of
any system; outside the Protection
Zones for systems remaining in the
bands permanently; and within the
Protection Zone of a transitioning or
permanent system subject to successful
coordination. AWS–3 R&O, 29 FCC Rcd
at 4690–93 paras. 216–220. For
coordination with Federal incumbents
operating under non-USP assignments,
AWS–3 licensee requests to operate base
stations inside Protection Zones (that
enable mobiles and portables to transmit
in the 1695–1710 MHz or 1755–1780
MHz bands) trigger the coordination
requirement.
9. Federal use of the radio spectrum
is generally governed by NTIA while
non-Federal use is governed by the
Commission. See 47 U.S.C. 305(a),
902(b)(2)(A). As such, consistent with
the approach used for AWS–1, the
Commission determined in the AWS–3
R&O that that any guidance or details
concerning Federal/non-Federal
coordination including, if possible,
revisions to the nationwide
coordination zones, should be issued
jointly by NTIA and the Commission. In
this regard, the Commission authorized
and directed its Wireless
Telecommunications Bureau to work
with NTIA staff, in collaboration with
affected Federal agencies or CSMAC
members, to develop a joint FCC and
NTIA public notice with information on
coordination procedures in the 1695–
1710 MHz and 1755–1780 MHz bands.
This public notice was developed under
that direction. AWS–3 R&O, 29 FCC Rcd
at 4693 para. 221. In adopting final rules
in the AWS–3 R&O, the Commission
discussed relevant statutes and related
considerations that led to its
determination to establish certain
default, nationwide Protection Zones
that would be refined or shrunk to the
extent that NTIA, representing the
recipients of this protection (i.e., the
Federal users), determined that the full
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extent of this protection was not
required. AWS–3 R&O, 29 FCC Rcd at
4645 para. 91; 47 CFR 2.106 footnotes
US88, US91, 27.1134(c), (f). In
particular, the Commission noted that
NTIA has authority to assign
frequencies to Federal users and to
amend, modify, or revoke such
assignments; AWS–3 R&O, 29 FCC Rcd
at 4693 para. 221 citing 47 U.S.C. 305(a)
(stating that Federal stations are not
subject to provisions of sections 301
(FCC licensing authority) or 303 (FCC
general powers) of the Act),
902(b)(2)(A); and that the Commission
must condition AWS–3 licenses on not
causing harmful interference to a
relocating Federal entity prior to NTIA’s
termination of such entity’s
authorization, see supra note 20. See
also AWS–3 R&O, 29 FCC Rcd at 4690
para. 214. NTIA’s determination must
also account for the requirement of
current law that ‘‘the Secretary of
Commerce, the Secretary of Defense,
and the Chairman of the Joint Chiefs of
Staff jointly certify . . . that such
alternative band or bands provides
comparable technical characteristics to
restore essential military capability that
will be lost as a result of the band of
frequencies to be so surrendered.’’ Id.
See also 47 U.S.C. 923(j) and NTIA,
Notification to Congress Pursuant to 47
U.S.C. 923(j)(2) Regarding the 1695–
1710 MHz and 1755–1780 MHz (AWS–
3) Spectrum Bands (Jun. 4, 2014),
available at https://go.usa.gov/XxHV.
Specification of the refined Protection
Zones outlined below, which reflects
the determination that NTIA has now
made, thus implements provisions
already incorporated in the
Commission’s AWS–3 rules pursuant to
notice and comment rulemaking.
Additionally, NTIA’s directives to
Federal agencies regarding Protection
Zones (and coordination requirements)
is a matter for NTIA and not the
Commission. See, e.g., 47 U.S.C.
923(g)(6) (establishing that NTIA shall
take such actions as necessary to ensure
the timely relocation and timely
implementation of arrangements for the
sharing of frequencies). For this reason,
further notice to and comment by nonFederal users to the Commission would
be impracticable and unnecessary as
well as contrary to the public interest in
negotiating agreement among the
Commission, NTIA, and multiple
Federal users on an expedited basis,
pursuant to the timetable for licensing
of the AWS–3 spectrum required by the
Spectrum Act. See 47 U.S.C. 1451(b).
Nor does this reduction of Protection
Zones involve any ‘‘major policy
proposals that are not classified and that
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involve spectrum management,’’
requiring NTIA to provide for further
public comment and review. See 47
U.S.C. 903(b)(2). See also 78 FR 52097
(2013) (revisions to NTIA Manual are
subject to good cause exception of
Administrative Procedure Act because
they apply only to Federal agencies); see
also 5 U.S.C. 553(a)(2).
10. We note that in the AWS–3 R&O,
the Commission declined to specify that
licensees deploy systems using a
particular technology—such as LTE—
and instead sought to adopt technical
and operational requirements as
necessary to protect against harmful
interference or effectuate other
compelling public interest objectives.
The Commission recognized that
CSMAC assumed baseline LTE uplink
characteristics to determine Protection
Zones—in particular a 20 dBm
maximum EIRP—and concluded that
this did not require adoption of LTE for
all purposes. AWS–3 R&O, 29 FCC Rcd
at 4649–50 para. 105 (‘‘Where the rules
that we adopt today differ from
proposed rules that reflected CSMAC’s
assumptions, we also adopt
corresponding changes to the
coordination zones.’’). This
determination was made consistent with
the Commission’s policy of supporting
flexible use. The Commission noted if a
licensee decides to use a technology
other than LTE, the licensee will still be
subject to the Commission’s technical
rules. The Commission also noted that
the required coordination process could
address any issues that may arise if the
use of a different technology complies
with the Commission’s rules but
nonetheless poses a greater risk of
interference to incumbent Federal
operations. As such, AWS–3 licensees
deploying technology that differs from
CSMAC’s baseline LTE uplink
assumptions may need to address as
part of coordination whether such
operations pose a greater risk of
interference to incumbent Federal
operations than the baseline LTE uplink
characteristics that CSMAC assumed. If
relevant to the technical analysis, the
licensee may need to provide technical
data regarding its base stations outside
of but nearby a relevant Protection
Zone, but the licensee is not required to
successfully coordinate such stations.
A. Refinements to the 1695–1710 MHz
Protection Zones
11. Forty-seven Federal earth stations
will continue to receive satellite signals
in the 1675–1695 MHz band on a
primary basis and on a co-primary basis
in the 1695–1710 MHz band and will
continue to do so indefinitely. 47 CFR
2.106 footnote US88. There are 13
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Protection Zones listed in footnote
US88(b)(1) for Federal earth stations
receiving in the band 1695–1710 MHz
and 14 Protection Zones listed in
footnote US88(b)(2) for Federal earth
stations receiving in the band 1675–
1695 MHz. In the AWS–3 R&O, the
Commission adopted rules establishing
27 Protection Zones that encompass the
47 earth stations. AWS–3 licensees must
successfully coordinate prior to
operating a base station in a Protection
Zone that enables mobile and portable
AWS 3 stations to operate up to 20 dBm
EIRP. See 47 CFR 2.106 footnote US88,
27.1134(c).
12. Appendix A of this public notice
sets forth the 27 Protection Zones for
operations up to 20 dBm as specified in
the Commission’s rules, which the
Commission adopted in accordance
with NTIA’s recommendation endorsing
these zones in the CSMAC WG–1 Final
Report (WG–1). Appendix A also
includes refined Protection Zones
(larger than the zones established for
operations up to 20 dBm but
substantially smaller than nationwide
zones) for operations above 20 dBm up
to the maximum of 30 dBm EIRP
permitted under the Commission’s
rules. These refined Protection Zones
for operations above 20 dBm use the
same 27 center points that define the 27
zones for operations up to 20 dBm. To
account for the higher operating power,
however, the radius of the Protection
Zone around each center point is larger.
13. Aside from the 47 Federal earth
stations that will operate on a primary
(1675–1695 MHz) or co-equal primary
(1695–1710 MHz) basis with AWS–3
licensees, all other Federal Earth
stations operate on a secondary basis. 47
CFR 2.106 footnote US88(b). NonFederal earth stations may continue to
receive MetSat data from primary
Federal MetSat space stations on an
unprotected basis. See AWS–3 R&O, 29
FCC Rcd at 4684–85 para. 199.
B. Refinements to the 1755–1780 MHz
Protection Zones for Coordination With
Federal Incumbents With Non-USP
Assignments
14. Some incumbent Federal systems
in 1755–1780 MHz will be relocating
from the band over a period of time
while others will remain in the band
indefinitely. AWS–3 licensees must
successfully coordinate with both types
of Federal incumbents prior to operating
a base station in a Protection Zone that
enables mobiles and portables to
transmit in the 1755–1780 MHz band.
Coordination with agencies that hold
USP assignments is discussed in section
II above. For agencies that hold nonUSP assignments, the AWS–3 R&O
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54713
established default nationwide
coordination requirements for any
proposed base station that enables
mobiles and portables to operate in the
band unless otherwise agreed in writing
among all relevant parties, or if the FCC
and NTIA jointly announce refined
protection zones for base stations that
enable mobiles and portables to operate
in the band up to 20 dBm EIRP. This
public notice announces such refined
Protection Zones.
15. We note that some incumbent
Federal operations have a potential to
interfere with AWS–3 base stations
located outside of the refined Protection
Zones. Under the rules that the
Commission adopted in the AWS–3
R&O, AWS–3 licensees must accept
harmful interference from these
incumbent Federal operations. See, e.g.,
47 CFR 27.1134(f) (‘‘[t]he Federal
Government operates communications
systems in the 1755–1780 MHz band.
Certain systems are expected to
continue to operate in the band
indefinitely. All other operations will be
relocating to other frequencies or
otherwise cease operations in the 1755–
1780 MHz band in accordance with 47
CFR part 301. Until such a time as
Federal operations in the 1755–1780
MHz bands vacate this spectrum, AWS
licensees shall protect such systems and
must accept any interference received
from these Federal operations. See 47
CFR 2.106, US note 91 of this chapter
for details.’’). With one exception, these
zones are intended to protect incumbent
Federal operations from AWS–3
operations. (We discuss the exception in
section V below and Appendix C to this
public notice (refined protection zones
for 25 Federal earth stations).) In the
Auction 97 Comment public notice, the
Wireless Telecommunications Bureau
proposed to require an applicant to
participate in the auction to
acknowledge that its operations in the
1755–1780 MHz band may be subject to
interference from Federal systems, that
the applicant must accept interference
from incumbent Federal operations, and
that the applicant has considered these
risks before submitting any bids for
applicable licenses in the auction.
Auction of Advanced Wireless Services
Licenses Scheduled for November 13,
2014; Comment Sought on Competitive
Bidding Procedures for Auction 97, AU
Docket No. 14–78, Public Notice, 29
FCC Rcd 5217, 5225 para. 24 (WTB
2014).
16. Below we describe the refined
Protection Zones in 1755–1780 MHz for
non-USP DoD operations and non-USP
operations by all other affected agencies.
DoD Assignments. Appendix B–1
provides the reference for refined
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Protection Zones for coordination of
AWS–3 base stations (that enable
mobiles and portables to transmit in the
band up to 20 dBm EIRP) with
incumbent DoD operations depicted by
system type (DoD Workbook, Tab 1).
This reference will link to a data table
that DoD is finalizing that will map the
coordination requirements in each fivemegahertz block over census tracts. A
census tract is ‘‘[a] small, relatively
permanent statistical subdivision of a
county delineated by a local committee
of census data users for the purpose of
presenting data. Census tracts nest
within counties, and their boundaries
normally follow visible features, but
may follow legal geography boundaries
and other non-visible features in some
instances, Census tracts ideally contain
about 4,000 people and 1,600 housing
units. https://www.census.gov/glossary/
#term_Censustract. There are 73,057
census tracts for the 50 states and the
District of Columbia (2010 tally does not
include Puerto Rico and the Island
Areas). https://www.census.gov/geo/
maps-data/data/tallies/national_geo_
tallies.html. The U.S. Census Bureau
provides references, including links to
mapping files. See, e.g., https://
www.census.gov/geo/education/pdfs/
CensusTracts.pdf. The use of census
tracts and five-megahertz blocks should
allow licensees to analyze the data for
all AWS–3 licenses. The distances used
in this analysis were equal to or, in
some cases, substantially shorter than
the CSMAC recommendation. The
electronic version will include
Transition Plan timelines for those
impacted systems along with
documentation describing assumptions
(e.g., operational area and coordination
zone) used to determine the Protection
Zone. The information will be as
specific as possible, accounting for the
need to protect classified and other
sensitive information and in a format
that can be manipulated and imported
into mapping and other data analysis
tools.
17. As noted above, even in areas
where coordination with Federal nonUSP incumbents is not required, AWS–
3 licensees may still be susceptible to
harmful interference from these
incumbent Federal operations. AWS–3
licensees must accept this interference
and design their systems to overcome or
avoid it in the event that they receive it.
The workbook will include a second
data table mapping areas within which
there is a higher possibility that AWS–
3 licensees will receive harmful
interference from non-ground based
DoD operations (DoD Workbook, Tab 2).
This data table will be purely
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informational and will not define the
Protection Zones where successful
coordination is required. AWS–3
licensees are required by rule to accept
harmful interference from these Federal
operations. (See quotation from 47 CFR
27.1134(f) above.) We also note that
AWS–3 licensees are required to comply
with all other applicable rules governing
their operations. The DoD Workbook,
Tab 2, will identify the areas within
which AWS–3 licensees may have a
higher expectation of interference from
incumbent Federal operations. These
will include areas outside of Protection
Zones and areas surrounding 25 uplink
Earth stations for which coordination is
required for AWS–3 base stations
located in the refined Protection Zones
discussed in section V and Appendix C.
18. Non-DoD Assignments. Appendix
B–2 provides refined Protection Zones
for coordination of AWS–3 base stations
(that enable mobiles and portables to
transmit in the band up to 20 dBm EIRP)
with certain non-DoD incumbent
Federal operations. The locations and
other pertinent information for these
systems are available in the publicly
released Transition Plans. These refined
Protection Zones are based on distances
that are consistent with the
Commission’s AWS rules to protect
non-Federal microwave systems to
minimize potential coordination/
transaction costs while protecting
against harmful interference into
protected Federal operations.
19. The refined Protection Zones in
Appendix B apply only to AWS–3 base
stations that enable mobiles and
portables to operate in the 1755–1780
MHz band up to 20 dBm EIRP. The
Protection Zone remains nationwide for
base stations that enable mobiles and
portables to operate in 1755–1780 MHz
at powers above 20 dBm EIRP. AWS–3
R&O, 29 FCC Rcd at 4645 para. 91.
Special requirements near satellite earth
stations in the 1761–1780 MHz band are
discussed in section V below and
Appendix C.
IV. Coordination Process Guidance
20. The purpose of coordination is to
avoid harmful interference to protected
Federal operations and missions in the
1695–1710 MHz and 1755–1780 MHz
bands while expediting access to and
maximizing commercial use of the
spectrum. The coordination guidance
described below applies to all AWS–3
licensees seeking to operate in the
1695–1710 MHz band or the 1755–1780
MHz band, unless the AWS–3 licensee
and the relevant Federal incumbents
have agreed otherwise. Below is a
general description of the process and is
not intended to encompass all
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coordination requirements and
scenarios. AWS–3 licensees and Federal
incumbents must use good faith
throughout the coordination process,
regardless of whether they use the steps
below or whether all relevant parties
have agreed to their own negotiated
coordination arrangement. The
Commission’s AWS–3 rules
contemplate ‘‘a good faith effort from
both the AWS–3 licensees and the
Federal incumbents to share
information about their systems, agree
to appropriate interference
methodologies, and communicate
results so as to facilitate commercial use
of the band.’’ AWS–3 R&O, 29 FCC Rcd
at 4693 para. 222. This extends to AWS
licensees sharing information with
Federal incumbents and cooperating
once Federal incumbents develop and
implement real-time spectrum
monitoring systems around existing
Federal operations protected in the
1695–1710 MHz and adjacent bands.
A. Contact
21. Federal incumbents’ Transition
Plans identify a point of contact within
each agency that an AWS–3 licensee
may contact to initiate coordination. In
addition, the Institute for
Telecommunication Sciences (ITS)
within NTIA and DoD are creating
online portals through which an AWS–
3 licensee may initiate coordination for
relevant systems (collectively referred to
here as the Portals). The ITS Portal will
support coordination for all Federal
incumbents in the 1695–1710 MHz
band. The DoD Portal will support
coordination for all DoD incumbents in
the 1755–1780 MHz band and may over
time accommodate other Federal
incumbent systems in the band.
B. Informal Discussions
22. Before an AWS–3 licensee submits
a formal coordination request, it may
share draft proposals and/or request that
Federal agency coordination staff
discuss draft coordination proposals.
These discussions are voluntary,
informal, and non-binding and can
begin at any time. AWS–3 licensees may
discuss their proposed deployment and
seek guidance on appropriate measures
to ensure that electromagnetic
compatibility (EMC) analyses produce
positive results. Further, AWS–3
licensees and Federal incumbents may
discuss the scope and extent of
temporary sharing for those Federal
assignments that may share with AWS–
3 licensees on a temporary basis. AWS–
3 licensees and agency representatives
may also, on an operator-to-operator
basis, develop an analysis methodology
that reflects the characteristics of the
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licensee’s proposed deployment and the
Federal agency’s operation. These
discussions can also involve developing
a process for identification and
resolution of interference.
23. These discussions are intended to
allow the Federal incumbent and AWS–
3 licensee to share information about
their respective system designs, and
identify any potential coordination
issues prior to the filing of a formal
coordination request. We make clear
that these discussions are non-binding,
and the Federal agencies involved are
not, unless they specify, making any
determination regarding the outcome of
the formal coordination. We strongly
encourage parties to use informal, nonbinding discussions to minimize or
resolve basic methodological issues
upfront before the AWS–3 licensee
submits a formal coordination request.
C. Formal Coordination
24. We provide guidance for the
formal coordination process below. This
description is general, and the process
may differ between agencies and is
subject to additional modification by the
agencies and licensees as agreed to on
an operator-to-operator basis. We expect
and encourage the Federal agencies and
AWS–3 licensees to engage in good faith
coordination.
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1. Initiation
25. Coordination shall be initiated by
the AWS–3 licensee formally requesting
access within a temporary or permanent
Protection Zone and by contacting each
USP incumbent (see section II above)
prior to first operations in each AWS–
3 license area. This request can be made
directly through the agency point of
contact specified in the Transition Plan,
through the DoD Portal (which may
accommodate other agencies), or
through the ITS Portal, depending on
system type (see section IV.A above.)
The AWS–3 licensee must set up its
Portal account(s) and, once established,
the AWS–3 licensee will receive a user
guide(s) and training on the use of the
Portal(s).
2. Timing
26. No formal coordination for nine
(9) months. Unless otherwise agreed
among an AWS–3 licensee and the
relevant Federal incumbent(s), Federal
incumbents are not obligated to
entertain formal coordination requests
until nine (9) months after the date of
the auction closing public notice. AWS–
3 licensees may, as described above,
request informal discussions during this
time.
27. Timing generally. After the first
nine (9) months following the close of
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the auction, Federal incumbents are
expected to timely review and respond
to formal coordination requests. We
encourage licensees and incumbents,
through informal discussions, to
serialize formal coordination requests as
appropriate to avoid an overwhelming
influx of coordination requests at the
conclusion of the nine (9) month quiet
period. We also encourage licensees and
incumbents to discuss, as appropriate,
extended review timelines to the extent
that the incumbents’ coordination
resources are exhausted due to a large
number of requests within a short time
period after the quiet period. This will
help maximize the quick and efficient
review of coordination requests.
28. When a licensee submits a formal
request, the Federal point of contact will
affirmatively acknowledge receipt of the
request within five (5) calendar days
after the date of submission. Within ten
(10) calendar days after the submission
date, Federal staff will notify the AWS–
3 licensee whether the request is
complete or incomplete. Unless the
Federal agency finds the request
incomplete or the agency and AWS–3
licensee agree to a different timeline, the
Federal response (the results letter
discussed below) is due within sixty
(60) calendar days after the deadline for
the notice of completeness.
29. Unless otherwise agreed in
writing, the requirement to reach a
coordination arrangement with each
agency that has a USP assignment
(discussed above) and the requirement
to successfully coordinate each base
station proposed within a Protection
Zone with each agency that has a nonUSP assignment is satisfied only by
obtaining the affirmative concurrence of
the relevant incumbents. These
requirements are not satisfied by
omission: If a Federal agency does not
timely respond, AWS–3 licensees
should contact NTIA for assistance.
30. Special temporary authority.
Section 1.931 of the Commission’s rules,
47 CFR 1.931 governs applications for
special temporary authority (STA). In
the Wireless Telecommunications
Services, carriers may request STAs to
operate new or modified equipment in
circumstances requiring immediate or
temporary use of a station. STA requests
must contain complete details about the
proposed operation and the
circumstances that fully justify and
necessitate the grant of STA. The
Commission coordinates non-Federal
STA requests for operations in Federal
or shared Federal/non-Federal bands
with NTIA, which in turn typically
provides the incumbent Federal
agencies a short timeframe to object or
be deemed to have concurred.
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31. Applications for STAs in the
1695–1710 MHz and 1755–1780 MHz
bands (for operations that require
successful coordination with Federal
incumbents under the rules adopted in
the AWS–3 R&O), should, among other
things, contain complete details about
the proposed operation and
circumstances that fully justify and
necessitate the grant of STA under
expedited Federal coordination. Such
STA requests that do not fully justify
the necessity for bypassing the
timeframe and other coordination
procedures in this public notice for
coordination of AWS operations in the
1695–1710 MHz and 1755–1780 MHz
bands with incumbent Federal agencies
will be dismissed as defective without
referral to NTIA.
3. Submission Information
32. To submit a formal coordination
request, the AWS–3 licensee must
include information about the technical
characteristics for the AWS–3 base
stations and associated mobile units
relevant to operation within the
Protection Zone. This information may
be provided in a form agreed to by the
agency and licensee, or if coordination
takes place through the Portals, in
accordance with the instructions
provided in the AWS–3 Portal user’s
guide. The types of specific information,
including the likely data fields in the
Portals, include basic technical
operating parameters, (e.g., system
technology, mobile EIRP, frequency
block, channel bandwidth, site name,
latitude, and longitude). As noted in
section III, licensees deploying
technology that differs from CSMAC’s
baseline LTE uplink assumptions (apart
from a maximum EIRP above 20 dBm
which is already accounted for in
Appendices A and B) may need to
address as part of coordination whether
such operations pose a greater risk of
interference to Federal operations than
the baseline LTE uplink characteristics
that CSMAC assumed. In so doing, if
relevant to the technical analysis, the
licensee may need to provide technical
data about (but not successfully
coordinate) its base stations located
outside of but nearby a relevant
Protection Zone. We encourage AWS–3
licensees and Federal agencies to
discuss these issues informally prior to
submission of formal requests. The
AWS–3 Portals will accept uploaded
attachments that include narratives that
explain area-wide deployments.
33. AWS–3 licensees must prioritize
their deployments in Protection Zones
for each Federal incumbent when
submitting a formal coordination
request. If a licensee is seeking to
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coordinate with multiple systems and/
or multiple locations of operation
controlled by one Federal incumbent, it
must specify the order in which it
prefers the Federal incumbent process
the request (i.e., the order of systems or
geographic locations).
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4. Notice of Complete or Incomplete
Request
34. Once a licensee submits a formal
coordination request, the relevant
Federal coordination staff will review
the data to ensure that it is in the proper
format (if submitted through one of the
Portals) and contains the proper
content. Federal agency coordination
staff will notify the AWS–3 licensee
within ten (10) calendar days through
direct communication or through the
applicable Portal that its formal
coordination request is complete or that
it is incomplete. If the Federal agency
coordination staff finds a request to be
incomplete, it must identify the
information the licensee must provide
in as much specificity as possible. We
expect that parties will work
collaboratively to ensure completeness
in a timely manner.
5. Coordination Analysis
35. As noted above, unless a timely
notice of incomplete application is sent
to the AWS–3 licensee (or the parties
agree to different a timeline), the clock
for the Federal response begins to run
on the deadline for the notice of
completeness. The Federal response is
due within sixty (60) calendar days
thereafter unless the AWS–3 licensee
agrees otherwise. During these sixty (60)
days, the Federal agency will coordinate
with appropriate internal units,
complete EMC analysis, and post the
AWS–3 concurrence, partial
concurrence with operating conditions,
or denial. Each Federal incumbent is
responsible for ensuring that it
completes its internal, multi-level
review in a timely manner. Federal
incumbents are encouraged, through
their designated internal coordination
point of contact or through other means,
to engage the AWS–3 licensee to ask any
questions and discuss any issues in the
event that any arise.
36. Once the designated Federal
agency coordinator completes its
analysis pursuant to the formal
coordination request, the AWS–3
licensee and the relevant Federal agency
field offices are automatically notified
when a results letter is posted by the
Federal user in the relevant AWS–3
Portal or, for agencies that do not use a
Portal, transmitted to the AWS–3
licensee. The result of a coordination
request will be concurrence, partial
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concurrence with operating conditions
that specify the terms in which the
licensee may begin operations, or denial
of the request. Because of the sensitive
nature of the data involved in much of
the EMC analysis, the results letter may
not present details of the analysis, the
Federal frequency assignments affected,
or timelines. In the case of partial
concurrence or denial, the results letter
will contain technical information
objectively justifying the partial
concurrence or denial. If a Federal
agency does not provide the necessary
information within the sixty (60) day
deadline, AWS licensees may contact
NTIA for assistance.
37. Upon receipt of results letter, the
AWS–3 licensee may accept,
conditionally accept, or object to the
partial concurrence, operating
conditions, or denial. If an AWS–3
licensee objects to the result, it may
contact the Federal agency coordinator
to propose network design
modifications to help address EMC
issues raised in the results letter. The
Federal agency coordinator may, where
feasible, review technical proposals
from the AWS–3 licensee to relieve a
denial, partial concurrence and/or any
operating condition contained in the
results letter. Once the AWS–3 licensee
has revised its network design, it
resubmits a formal coordination request,
and the AWS–3 formal coordination
process begins again.
38. We stress again, at this juncture,
the benefits of informal discussions
among AWS–3 licensees and Federal
agencies, including during the formal
coordination process. Although in many
cases, Federal agency staff may be
unable to provide specific information
about the protected Federal operations
in the results letter, and are not
responsible for designing the AWS–3
system, they may offer some suggestions
on how to address or mitigate the issue,
given the limited information that can
be made available on some Federal
systems. The Freedom of Information
Act exempts disclosure to the public of
detailed characteristics of military
systems, where specifically authorized
by Executive Order to be kept secret in
the interest of national defense or
foreign policy. 5 U.S.C. 552(b(1). The
characterization of the interference
interactions of systems that conflict
with an AWS–3 desired deployment
plan may disclose information, either
directly or by inference, that has been
classified and subject to substantial
restrictions on access under Executive
Orders and applicable regulations. See,
e.g., Executive Order 13526 at part 4, 75
FR 707 (2009). Hence, notification
letters sent out by the designated
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Federal agency coordinator will identify
only site and spectrum/channel
activation requirements to ensure EMC
with Federal systems. If the parties
agree that informal discussions would
be helpful, the sixty (60)-day clock will
be paused so the Federal incumbents are
not forced to formally decline or
condition the pending, formal
coordination request within the sixty
(60)-day deadline.
D. Dispute Resolution
39. Disputes generally—during
coordination or regarding a sharing
agreement. If disputes arise during the
coordination process, we strongly
encourage parties to negotiate in good
faith to resolve them. If an AWS
licensee believes a Federal incumbent is
not negotiating in good faith, NTIA is
available to assist and AWS–3 licensees
have the option to inform the
Commission. If a Federal incumbent
believes that an AWS–3 licensee is not
negotiating in good faith, it must
nonetheless timely respond to a formal
request and can seek NTIA’s assistance.
We also encourage parties to enter into
operator-to-operator agreements that
have dispute resolution provisions for
any or all possible disputes. If a dispute
arises between an incumbent Federal
entity and an AWS–3 licensee over an
operator-to-operator coordination/
sharing agreement, provisions calling
for informal negotiation, mediation, or
non-binding arbitration efforts between
the parties will help clearly define and
narrow the issues for formal agency
resolution by NTIA, the Commission, or
jointly, as applicable. See generally 47
CFR 1.17. The coordination agreement
in Appendix C–3 (relevant only to that
system) also contains provisions that
will be applicable to parties to such
agreements.
40. Certain disputes for which the law
and NTIA rules allow parties to request
a dispute resolution board. If a dispute
arises between a Federal entity and a
non-Federal user regarding the
execution, timing, or cost of the
transition plan submitted by the Federal
entity, the law provides that either the
Federal entity or the non-Federal user
may request that NTIA establish a
dispute resolution board to resolve the
dispute. See Section 113(i) of the NTIA
Organization Act, as amended (47
U.S.C. 923(i)). NTIA has adopted
regulations that govern the working of
any dispute resolution boards
established by NTIA. See 47 CFR part
301. Those regulations cover matters
related to the workings of a board,
including the content of any request to
establish a board, the associated
procedures for convening it, and the
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dispute resolution process itself.
Membership of a dispute resolution
board shall be composed of a
representative of OMB, NTIA, and the
FCC, each appointed by the head of his
or her respective agency. The OMB
representative serves as the Chair of any
board. With respect to the resolution of
any disputes that may arise, the law and
NTIA’s rules require a board to meet
simultaneously with representatives of
the Federal entity and the non-Federal
user to discuss the dispute.
41. The Spectrum Act requires a
board to rule on the dispute within
thirty (30) days after a party has
requested NTIA to convene the board.
47 U.S.C. 923(i)(4). As stated in Annex
O, ‘‘[t]he statute’s 30-day deadline for
responding to formal dispute resolution
requests could possibly impact a board’s
ability to convene, meet with the
parties, and adequately address complex
cases.’’ NTIA Manual, Annex O at O.5.2
para. 3. See 47 CFR 301.200(a)(2). At the
same time, however, the statute and
Annex O encourage cooperation to
assure timely transitions between
Federal and non-Federal use of the
spectrum. If and when differences
surface among Federal and non-Federal
parties, NTIA’s rules require the parties
to make good faith efforts to solve these
problems on an informal basis before
submitting a formal request to establish
a dispute resolution board. Id., Annex
O. Informal negotiation, mediation, or
non-binding arbitration efforts between
the parties will help clearly define and
narrow the issues that are necessary to
bring into the formal dispute resolution
process.
42. The scope of a dispute resolution
request and, consequently, a board’s
decision, are limited by law and NTIA’s
regulations to matters ‘‘regarding the
execution, timing, or cost of the
transition plan submitted by the Federal
entity.’’ 47 U.S.C. 923(i)(1). The statute
authorizes a dispute resolution board to
make binding decisions with respect to
such matters that can be appealed to the
United States Court of Appeals for the
District of Columbia Circuit. 47 U.S.C.
923(i)(7). Under NTIA’s rules, that
dispute resolution board must also
ensure that its decision does not have a
detrimental impact on any national
security, law enforcement, or public
safety function made known to the
board by an agency. To fulfill that
obligation, the board may request
additional written submissions from an
agency regarding the impact of such a
decision on the agency’s operations,
services, or functions. See 47 CFR
301.220(b). See also NTIA Manual,
Annex O at O.5.2 para. 4.
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V. Refined Protection Zones for 25
Satellite Earth Stations and
Streamlined Coordination Option
43. In the sub-band 1761–1780 MHz,
Federal earth stations in the space
operation service (Earth-to-space) may
continue to transmit at 25 sites and,
under the Commission’s rules, nonFederal (AWS–3) base stations must
accept harmful interference caused by
the operation of these Federal earth
stations at these sites. See 47 CFR 2.106
footnote US91(b)(3), 27.11334(f). Under
the Commission’s rules, AWS 3
licensees must successfully coordinate
with these Federal incumbents and the
default Protection Zone is nationwide
unless jointly refined by the FCC and
NTIA. If reasonable modifications or
new locations are required, these
Federal incumbents must successfully
coordinate with all affected AWS
licensees. See 47 CFR 2.106 footnote
US91(b)(3), 27.11334(f). The
Commission noted in the AWS–3 R&O
that ‘‘federal incumbents remaining in
the band must be able to have the
flexibility to coordinate with
commercial licensees if reasonable
modification of existing, grandfathered
operations are required in the future.’’
See AWS–3 R&O, 29 FCC Rcd at 4693
para. 222.
44. The use of 1761–1780 MHz varies
by earth station. CSMAC reports include
analysis regarding representative use of
the band at the sites and analysis
showing the likelihood and
geographical distribution of potential
interference.
A. Protection Zones Near 25 Federal
Satellite Uplinks
45. AWS–3 licensees must
successfully coordinate with Federal
incumbents prior to operating a base
station in a Protection Zone that enables
mobiles and portables to transmit in the
1755–1780 MHz band. 47 CFR
27.1134(f). See also 47 CFR 2.106
footnote US91(a), (b)(3). As described
above, the default Protection Zone is
nationwide unless jointly revised by the
Commission and NTIA.
46. Appendix C is divided into three
subparts that refine the nationwide
Protection Zone applicable to AWS–3
coordination with these Federal Earth
stations, and provides details of the
coordination process including a
streamlined option for AWS–3 licensees
to consider.
47. Appendix C–1 provides
geographic coordinates defining refined
Protection Zones for AWS–3
coordination with these incumbents.
Table 1 is geographic coordinates
defining refined protection zones for
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AWS–3 Blocks H, I, and J (1760–1780
MHz) coordination with Federal Earth
stations at 25 locations. Table 2 lists the
Federal agency responsible for
coordination at each SGLS site and the
Economic Areas (EAs) partially or
wholly contained within the associated
coordination zone. Table 3 lists
Economic Area (EA) and SGLS Sites.
Appendix C–2 depicts maps showing
these refined Protection Zones. By way
of further refinement, the Protection
Zones in Appendix C–1 will apply to
base stations that enable mobiles and
portables to transmit up to 30 dBm EIRP
only in the AWS–3 Blocks H, I, and J
(1760–1780 MHz). AWS–3 licensees
may operate in the Block G (1755–1760
MHz) up to 30 dBm EIRP without prior
coordination with these Federal Earth
stations.
48. A streamlined framework is
available to meet the coordination
requirement associated with these 25
Protection Zones. If an AWS–3 licensee
elects not to use this streamlined
framework, it must successfully
coordinate with the relevant Federal
incumbent prior to operating a base
station in a Protection Zone in
Appendix C–1 that enables mobile and
portables to transmit in the 1760–1780
MHz band. AWS–3 licensees requesting
coordination for a Protection Zone in
Appendix C–1 have a streamlined
option set forth in Appendix C–3 in the
form of a template coordination
agreement. Once an AWS–3 licensee
completes and delivers (via the DoD
Portal) a signed copy of the template
agreement set forth in Appendix C–3,
and the Federal agency countersigns,
the Commission and NTIA will deem
the coordination requirement satisfied
for the AWS–3 licenses and Protection
Zones listed in Table 1 of the agreement.
Section 2, Table A of the template
agreement calls for a description of
license(s) to be subject to the agreement
by State, Site, Call Sign, and
Coordination Zone. Section 3 of the
template agreement calls for the AWS–
3 licensee (and the Federal agency) to
provide Point-of-Contact information.
Sections 2 and 4 of the template
agreement contemplate AWS–3 licensee
notifications to the Federal agency.
Federal agencies will complete and
countersign a template agreement
within thirty (30) calendar days of
receiving one signed by the AWS–3
licensee. Note that satisfaction of the
coordination requirement through this
template agreement does not eliminate
the need for coordination with other
types of systems, under the procedures
established herein, to avoid harmful
interference into Federal systems in the
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54718
Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Notices
Protection Zones described in Appendix
B. Exchange of information during
execution of these coordination
agreements may be facilitated by use of
the DoD Portal described in section IV
above.
B. Federal Coordination With All
Affected AWS–3 Licensees
49. Federal incumbents must
successfully coordinate required,
reasonable modifications of these
Federal satellite earth stations in 1755–
1780 MHz beyond their current
authorizations or the addition of new
earth station locations with all affected
AWS–3 licensees. 47 CFR 2.106 footnote
US91(b)(3). The modification or new
station must be required, reasonable,
and authorized by NTIA. The details of
the coordination must be filed with
NTIA and the Commission. Id. Prior
NTIA authorization is required for any
such modifications or new stations and
NTIA will coordinate any such requests
with the Commission so that the AWS–
3 licensees affected by a proposed
modification or new station can be
determined on a case-by-case basis. For
any affected AWS–3 licenses in the
Commission’s inventory at the time of
the request, the Federal incumbent must
successfully coordinate the request with
the Commission. Appendices to this
public notice are formatted tables,
images, and a sample coordination
agreement that are available online at:
www.ntia.doc.gov/category/aws-3transition and https://apps.fcc.gov/
edocs_public/attachmatch/DA-141023A1.pdf.
Karl D. Nebbia,
Associate Administrator, Office of Spectrum
Management, National Telecommunications
and Information Administration.
Roger E. Sherman,
Chief, Wireless Telecommunications Bureau,
Federal Communications Commission.
[FR Doc. 2014–21748 Filed 9–11–14; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
tkelley on DSK3SPTVN1PROD with NOTICES
[DA 14–1230]
Notice of Suspension and
Commencement of Proposed
Debarment Proceedings; Schools and
Libraries Universal Service Support
Mechanism
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
The Enforcement Bureau (the
‘‘Bureau’’) gives notice of Marvin M.
SUMMARY:
VerDate Mar<15>2010
17:58 Sep 11, 2014
Jkt 232001
Freeman’s suspension from the schools
and libraries universal service support
mechanism (or ‘‘E-Rate Program’’).
Additionally, the Bureau gives notice
that debarment proceedings are
commencing against him. Mr. Freeman,
or any person who has an existing
contract with or intends to contract with
him to provide or receive services in
matters arising out of activities
associated with or related to the schools
and libraries support, may respond by
filing an opposition request, supported
by documentation to Joy Ragsdale,
Federal Communications Commission,
Enforcement Bureau, Investigations and
Hearings Division, Room 4–C330, 445
12th Street SW., Washington, DC 20554.
DATES: Opposition requests must be
received by 30 days from the receipt of
the suspension letter or September 12,
2014, whichever comes first. The
Bureau will decide any opposition
request for reversal or modification of
suspension or debarment within 90 days
of its receipt of such requests.
ADDRESSES: Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Joy
Ragsdale, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street SW.,
Washington, DC 20554. Joy Ragsdale
may be contacted by phone at (202)
418–1697 or email at Joy.Ragsdale@
fcc.gov. If Ms. Ragsdale is unavailable,
you may contact Ms. Theresa
Cavanaugh, Chief, Investigations and
Hearings Division, by telephone at (202)
418–1420 and by email at
Terry.Cavanaugh@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Bureau has suspension and debarment
authority pursuant to 47 CFR 54.8 and
47 CFR 0.111(a)(14). Suspension will
help to ensure that the party to be
suspended cannot continue to benefit
from the schools and libraries
mechanism pending resolution of the
debarment process. Attached is the
suspension letter, DA 14–1230, which
was mailed to Mr. Freeman and released
on August 26, 2014. The complete text
of the Notice of suspension and
initiation of debarment proceedings is
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portal II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
In addition, the complete text is
available on the FCC’s Web site at
https://www.fcc.gov. The text may also be
purchased from the Commission’s
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
duplicating inspection and copying
during regular business hours at the
contractor, Best Copy and Printing, Inc.,
Portal II, 445 12th Street SW., Room
CY–B420, Washington, DC 20554,
telephone (202) 488–5300 or (800) 378–
3160, facsimile (202) 488–5563, or via
email https://www.bcpiweb.com.
Federal Communications Commission.
Theresa Z. Cavanaugh,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
August 26, 2014
DA 14–1230
SENT VIA CERTIFIED MAIL, RETURN
RECEIPT REQUESTED
Mr. Marvin Mitch Freeman, 1408 Northhill
Street, Selma, CA 93662
Re: Notice of Suspension and Initiation of
Debarment Proceeding File No. EB–IHD–
14–00015659
Dear Mr. Freeman: The Federal
Communications Commission (Commission)
has received notice of your conviction of
conspiracy to commit mail fraud in violation
of 18 U.S.C 371, a conviction that arose out
of activities associated with the federal
schools and libraries universal service
support mechanism (E-Rate program).1
Consequently, pursuant to 47 CFR 54.8, this
letter constitutes official notice of your
suspension from the E-Rate program.2 In
addition, the Enforcement Bureau (Bureau)
hereby notifies you that the Bureau will
commence debarment proceedings against
you.3
I. Notice of Suspension
The Commission has established
procedures to prevent persons who have
‘‘defrauded the government or engaged in
similar acts through activities associated with
or related to the [E-Rate program]’’ from
1 Any further reference in this letter to ‘‘your
conviction’’ refers to your guilty plea and
subsequent sentencing for conspiring to defraud the
United States in United States v. Freeman, Criminal
Docket No. 1:06–CR–00013–LJO–2, Plea Agreement
at 3 (E.D. Cal. filed Oct. 22, 2010) (Plea Agreement).
2 47 CFR 54.8.
3 Id. 0.111 (delegating to the Enforcement Bureau
authority to resolve universal service suspension
and debarment proceedings). The Commission
adopted debarment rules for the E-Rate program in
2003. See Schools and Libraries Universal Service
Support Mechanism, Second Report and Order and
Further Notice of Proposed Rulemaking, 18 FCC
Rcd 9202 (2003) (Second Report and Order)
(adopting § 54.521 to suspend and debar parties
from the E-Rate program). In 2007 the Commission
extended the debarment rules to apply to all federal
universal service support mechanisms.
Comprehensive Review of the Universal Service
Fund Management, Administration, and Oversight;
Federal-State Joint Board on Universal Service;
Schools and Libraries Universal Service Support
Mechanism; Rural Health Care Support
Mechanism; Lifeline and Link Up; Changes to the
Board of Directors for the National Exchange
Carrier Association, Inc., Report and Order, 22 FCC
Rcd 16372, App. C at 16410–12 (2007) (Program
Management Order) (renumbering § 54.521 of the
universal service debarment rules as § 54.8 and
amending paragraphs (a)(1), (a)(5), (c), (d), (e)(2)(i),
(e)(3), (e)(4), and (g)).
E:\FR\FM\12SEN1.SGM
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Agencies
[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Notices]
[Pages 54710-54718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21748]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
DEPARTMENT OF COMMERCE
[GN Docket No. 13-185; DA 14-1023]
The Federal Communications Commission and National
Telecommunications and Information Administration: Coordination
Procedures in the 1695-1710 MHz and 1755-1780 MHz Bands
AGENCY: Federal Communications Commission and National
Telecommunications and Information Administration, U.S. Department of
Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission's (FCC) Wireless
Telecommunications Bureau (WTB) and the National Telecommunications and
Information Administration (NTIA) issue this joint public notice to
provide information about Federal/non-Federal coordination in the AWS-3
bands in which Federal incumbents have spectrum assignments. We jointly
refine certain AWS-3 Protection Zones, reducing them from nationwide
scope to more specific geographic areas. We provide information and
guidance on the overall coordination process, as contemplated by the
AWS-3 R&O, including informal pre-coordination discussions and the
formal process of submitting coordination requests and receiving
results from relevant agencies. Also, we provide refined Protection
Zones for AWS-3 licenses for which proximity to certain Federal
satellite uplink stations could potentially cause harmful interference
into AWS-3 licensee base stations along with a streamlined option for
satisfying this coordination requirement.
ADDRESSES: Federal Communications Commission, 445 12th St. SW.,
Washington, DC 20554 and U.S. Department of Commerce, National
Telecommunications and Information Administration, 1401 Constitution
Ave. NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Janet Young at (202) 418-0837 or
janet.young@fcc.gov, Broadband Division, Wireless Telecommunications
Bureau, FCC, or Gary Patrick, Office of Spectrum Management, NTIA, at
(202) 482-3650 or gpatrick@ntia.doc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of a public notice of the
coordination procedures in the 1695-1710 MHz and 1755-1780 MHz Bands,
jointly by the Federal Communications Commission and the United States
Department of Commerce, National Telecommunications and Information
Administration, GN Docket No. 13-185, DA 14-1023, released on July 18,
2014.
Synopsis
I. Introduction
1. In March 2014, the Federal Communications Commission (Commission
or FCC) adopted new rules that will make available significantly more
spectrum for Advanced Wireless Services (AWS). See Report and Order, GN
Docket No. 13-185, 29 FCC Rcd 4610 (2014) (recon. pending), 79 FR 32366
(June 4, 2014) (AWS-3 R&O). The rules are a milestone in providing
commercial access to new spectrum bands through a spectrum-sharing
arrangement with incumbent federal users. As part of that arrangement,
the Commission's AWS-3 rules require successful coordination with
Federal incumbents prior to operation in Protection Zones (also
referred to here as coordination zones). By this public notice the
Commission, through its Wireless Telecommunications Bureau, and the
National Telecommunications and Information Administration (NTIA)
provide (i) information for potential bidders in the AWS-3 auction and
(ii) guidance to the ultimate AWS-3 licensees and the affected Federal
incumbents regarding coordination between Federal and non-Federal for
shared use of the 1695-1710 MHz and 1755-1780 MHz bands. The joint
nature of this public notice reflects intersecting jurisdictions of the
Commission (commercial users) and NTIA (Federal users) in these bands.
In the AWS-3 R&O, the Commission authorized and directed its Wireless
Telecommunications Bureau to work with NTIA staff, in collaboration
with affected Federal agencies or Commerce Spectrum Management Advisory
Committee (CSMAC) members, to develop this joint FCC and NTIA public
notice with information on coordination procedures in the 1695-1710 MHz
and 1755-1780 MHz bands. AWS-3 R&O at, 29 FCC Rcd at 4693 para. 221.
2. The public notice proceeds as follows. In section II, we provide
general background information about Federal/non-Federal coordination
in the AWS-3 bands in which Federal incumbents have spectrum
assignments. In section III, we jointly refine certain AWS-3 Protection
Zones, reducing them from nationwide scope to more specific geographic
areas. Section IV provides information and guidance on the overall
coordination process, as contemplated by the AWS-3 R&O, including
informal pre-coordination discussions and the formal process of
submitting coordination requests and receiving results from relevant
agencies. Section V provides refined Protection Zones for AWS-3
licenses for which proximity to certain Federal satellite uplink
stations could potentially cause harmful interference into AWS-3
licensee base stations along with a streamlined option for satisfying
this coordination requirement. The Appendices to this public notice are
formatted tables, images, and a sample coordination agreement that are
available online at: www.ntia.doc.gov/category/aws-3-transition and
https://apps.fcc.gov/edocspublic/attachmatch/DA-14-1023A1.pdf.
II. Background
3. AWS-3 R&O. On March 31, 2014, the Commission adopted rules
governing commercial use of spectrum in the 1695-1710 MHz, 1755-1780
MHz, and 2155-2180 MHz bands making 65 megahertz of spectrum available
for flexible use wireless services, including mobile broadband. The
Commission's action was another step in implementing the Congressional
directive in Title VI of the Middle Class Tax Relief and Job Creation
Act of 2012 (Spectrum Act) to make more spectrum available for flexible
uses. It was also the culmination of years of effort to facilitate
commercial access to some of these bands through spectrum-sharing
arrangements with incumbent Federal users. In particular, 40 megahertz
in the band is being made available for commercial use pursuant to
collaboration among the wireless industry and Federal agencies
facilitated in part by NTIA, which chartered the Commerce Spectrum
Management Advisory Committee (CSMAC) to advise it on these matters.
4. Information on Incumbent Federal operations. Information about
incumbent Federal operations is generally available through the
affected agencies' Transition Plans. The publicly
[[Page 54711]]
available Transition Plans are published at www.ntia.doc.gov/category/aws-3-transition. NTIA and CSMAC reports are also available through
this Web site. By way of background, Federal incumbents in the 1695-
1710 MHz and 1755-1780 MHz bands were required to develop and submit
Transition Plans to implement relocation or sharing arrangements and
affected Federal agencies have recently done so. Transition Plans
contain information on these Federal systems including the frequencies
used, emission bandwidth, system use, geographic service area,
authorized radius of operation, and estimated timelines and costs for
relocation or sharing. Affected agencies are permitted to redact from
the publicly-released transition plans classified national security
information and ``other information for which there is a legal basis
for nondisclosure and the public disclosure of which would be
detrimental to national security, homeland security, or public safety
or would jeopardize a law enforcement investigation.'' See AWS-3 R&O,
29 FCC Rcd at 4694 para. 224 & n.673 (citing 47 U.S.C. 923(h)(7), 929).
Each Federal entity that requested pre-auction funds attested in its
Transition Plan that it will, during the transition period, make
available to a non-Federal user with appropriate security clearances
any classified information regarding the relocation process, on a need-
to-know basis, to assist the non-Federal user in the relocation process
with the eligible Federal entity or other eligible Federal entities.
Accord 47 U.S.C. 928(d)(3)(B)(ii)(4). See also NTIA Manual of
Regulations and Procedures for Federal Radio Frequency Management (NTIA
Manual), Annex O at O.4.1 para. 3, O.6.1, and at Appendix: Common
Format for Transition Plans, Tab B.
5. Generally, incumbent Federal operations in 1695-1710 MHz and
1755-1780 MHz include the following categories of systems:
1695-1710 MHz. This band is used by the meteorological
satellite (MetSat) service (restricted to space-to-Earth operation).
Details on the protected 47 Federal MetSat operations that will
continue to be protected on a primary basis in the 1675-1695 MHz band
and a co-primary basis in the 1695-1710 MHz band are publicly available
in the relevant Transition Plans.
1755-1780 MHz. Federal assignments in this band (and for
purposes of describing the AWS 3 coordination requirements that the
Commission adopted in the AWS-3 R&O) can be grouped into two
categories: (1) United States and Possessions (USP) assignments; and
(2) non-USP assignments. (In Federal spectrum management, the term
``non-USP'' can refer to operations outside of the United States and
Possessions, but in this public notice the term ``non-USP'' refers to
assignments that are not Federal USP assignments as described above.)
[cir] Federal USP assignments. Some Federal incumbents have
assignments in the band that specify an area of transmission,
reception, or operation as ``USP.'' Section G.2 of Annex G of the NTIA
Manual contains abbreviations used in the Transmitter and Receiver
State/County fields of the Government Master File (GMF). The
abbreviation ``USP'' is for use only when transmitting and/or receiving
throughout the United States and Possessions, id. G.2.3, which
``includes the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, and the territories and possessions (but less the Canal
Zone).'' NTIA Manual, 6.1 Definitions. Such assignments authorize
agencies to operate particular radio systems anywhere they are needed
throughout the United States and Possessions. Put differently,
incumbent use may not be simultaneous nationwide and incumbents may be
able to share frequencies in some areas prior to relocating all
operations from the band. All USP assignments will be transitioned out
of the 1755-1780 MHz band. See 47 CFR 27.1134(f)(1). See also NTIA
Manual 9.8.2 (Application Data Requirements), Field 39 (Circuit
Remarks) (e) (Authorized States) (allowing the transmitter and receiver
antenna location fields to describe an area of operation as USP if
within four or more States and the area includes a Possession).
[ballot] The specific areas where incumbents operate under their
USP assignments are redacted from publicly released Transition Plans.
[ballot] The Commission's rules require each AWS-3 licensee, prior
to its first operations in its AWS-3 licensed area, to reach a
coordination arrangement with each Federal agency that has a USP
assignment in the band on an operator-to-operator basis.
[ballot] This public notice does not change this requirement--the
refined Protection Zones discussed in sections III and V are
inapplicable to this requirement.
[ballot] There are 21 USP assignments including one telemetry
assignment, two robotics assignments, and 18 video assignments. The
incumbent agencies are: Department of Homeland Security, Department of
Justice, National Aeronautics and Space Administration, Department of
the Treasury, Department of Housing and Urban Development (HUD), United
States Agency for International Development (USAID), and Department of
Veterans Affairs. Updated contact information for each of these
agencies is available at www.ntia.doc.gov/category/aws-3-transition.
HUD and USAID each specify USP assignments in their Transition Plans
under relocation timelines of 0-1 month, making coordination
arrangements unnecessary.
[cir] Federal non-USP assignments. Most Federal assignments specify
particular areas of operation within the United States (rather than
USP).
[ballot] Details on incumbent Federal agencies' operations are
generally available in the relevant, publicly-released Transition
Plans.
[ballot] Most non-USP assignments will be transitioned out of 1755-
1780 MHz, with the exception of the six sites in which Joint Tactical
Radio Systems may operate, the two polygons within which the Air Combat
Training System may operate, and the 25 sites where Federal earth
stations may transmit. See 47 CFR 2.106 footnote US91.
[ballot] Most details of Department of Defense (DoD) operations are
redacted from the publicly released Transition Plans, but will be made
available in a modified format with slightly more generalized details
through a separate release. As noted above, affected agencies are
permitted to redact from the publicly-released transition plans
classified national security information and ``other information for
which there is a legal basis for nondisclosure and the public
disclosure of which would be detrimental to national security, homeland
security, or public safety or would jeopardize a law enforcement
investigation.'' See 47 U.S.C. 929.
[ballot] The Commission's rules require that, prior to operating in
a Protection Zone a base station that enables mobiles and portables to
transmit in the 1755-1780 MHz band, AWS-3 licensees successfully
coordinate with each Federal incumbent.
[ballot] In the AWS-3 R&O, the Commission stated that, for the
1755-1780 MHz band, the default Protection Zones are nationwide.
[ballot] This public notice refines the nationwide default
Protection Zones. The refined Protection Zones (discussed in sections
III and V below and Appendices B and C, respectively) are intended in
part to provide information to potential AWS-3 licensees on Federal
operations in the 1755-1780 MHz band without disclosing non-public
information about these systems.
6. The Transition Plans generally provide detailed information
about
[[Page 54712]]
these systems, including the transition timelines. After reaching an
arrangement with each USP agency, AWS-3 licensees are permitted to
operate anywhere in these bands outside of Protection Zones that
protect Federal incumbents during transition and on a permanent basis
for systems that remain in the bands indefinitely. AWS-3 licensees may
expect that the magnitude of the requirement to coordinate will
decrease over time as agencies execute their Transition Plans. We
describe the specific coordination requirements below.
III. Refined Protection Zones Establishing Areas Where AWS-3 Licensees
Must Successfully Coordinate With Federal Incumbents Operating Under
Non-USP Assignments
7. In this section and in section V, we discuss refined Protection
Zones for coordination with Federal agencies operating under non-USP
assignments in the 1695-1710 MHz and 1755-1780 MHz bands. As described
in section II above, for USP assignments, AWS-3 licensees are required
to reach a coordination arrangement with each Federal agency that has a
USP assignment in 1755-1780 MHz on an operator-to-operator basis prior
to first operation in its licensed area. The refined Protection Zones
in this public notice are organized into two sections depending on
their purpose. The Protection Zones discussed in this section III (with
details in Appendices A & B) are intended to protect incumbent Federal
operations from AWS-3 operations in the 1695-1710 MHz band up to 30 dBm
EIRP and in the 1755-1780 MHz band up to 20 dBm EIRP. The Protection
Zones discussed in section V (with details in Appendix C) are intended
to address potential interference into AWS-3 base stations in proximity
to certain Federal satellite uplink stations. The refined Protection
Zones in sections III and V are inapplicable to coordination with USP
agencies.
8. In the AWS-3 R&O, the Commission adopted rules that require AWS-
3 licensees to successfully coordinate with incumbent Federal users
before operating within coordination zones (as noted above, also
referred to here as Protection Zones). Several statutory provisions
encourage negotiation, coordination, and spectrum sharing between non-
Federal users and Federal entities. Under the AWS-3 R&O, AWS-3
licensees are permitted to operate anywhere outside of the Protection
Zones without prior coordination with non-USP incumbents. There are two
Federal/non-Federal coordination scenarios: (1) Temporary sharing prior
to Federal relocation from the band under an approved Transition Plan;
and (2) permanent sharing where incumbent Federal operations will
remain in the band indefinitely. Under the first scenario, AWS-3
licenses will be conditioned, by rule, on not causing harmful
interference to relocating Federal operations. Under both scenarios the
Commission's rules require successful coordination with Federal
incumbents prior to operation in Protection Zones. Under the terms of
the AWS-3 R&O, AWS-3 licensees will be permitted to operate in any
area: Outside of a Protection Zone for any Federal operation in 1695-
1710 MHz or 1755-1780 MHz during the transition of any system; outside
the Protection Zones for systems remaining in the bands permanently;
and within the Protection Zone of a transitioning or permanent system
subject to successful coordination. AWS-3 R&O, 29 FCC Rcd at 4690-93
paras. 216-220. For coordination with Federal incumbents operating
under non-USP assignments, AWS-3 licensee requests to operate base
stations inside Protection Zones (that enable mobiles and portables to
transmit in the 1695-1710 MHz or 1755-1780 MHz bands) trigger the
coordination requirement.
9. Federal use of the radio spectrum is generally governed by NTIA
while non-Federal use is governed by the Commission. See 47 U.S.C.
305(a), 902(b)(2)(A). As such, consistent with the approach used for
AWS-1, the Commission determined in the AWS-3 R&O that that any
guidance or details concerning Federal/non-Federal coordination
including, if possible, revisions to the nationwide coordination zones,
should be issued jointly by NTIA and the Commission. In this regard,
the Commission authorized and directed its Wireless Telecommunications
Bureau to work with NTIA staff, in collaboration with affected Federal
agencies or CSMAC members, to develop a joint FCC and NTIA public
notice with information on coordination procedures in the 1695-1710 MHz
and 1755-1780 MHz bands. This public notice was developed under that
direction. AWS-3 R&O, 29 FCC Rcd at 4693 para. 221. In adopting final
rules in the AWS-3 R&O, the Commission discussed relevant statutes and
related considerations that led to its determination to establish
certain default, nationwide Protection Zones that would be refined or
shrunk to the extent that NTIA, representing the recipients of this
protection (i.e., the Federal users), determined that the full extent
of this protection was not required. AWS-3 R&O, 29 FCC Rcd at 4645
para. 91; 47 CFR 2.106 footnotes US88, US91, 27.1134(c), (f). In
particular, the Commission noted that NTIA has authority to assign
frequencies to Federal users and to amend, modify, or revoke such
assignments; AWS-3 R&O, 29 FCC Rcd at 4693 para. 221 citing 47 U.S.C.
305(a) (stating that Federal stations are not subject to provisions of
sections 301 (FCC licensing authority) or 303 (FCC general powers) of
the Act), 902(b)(2)(A); and that the Commission must condition AWS-3
licenses on not causing harmful interference to a relocating Federal
entity prior to NTIA's termination of such entity's authorization, see
supra note 20. See also AWS-3 R&O, 29 FCC Rcd at 4690 para. 214. NTIA's
determination must also account for the requirement of current law that
``the Secretary of Commerce, the Secretary of Defense, and the Chairman
of the Joint Chiefs of Staff jointly certify . . . that such
alternative band or bands provides comparable technical characteristics
to restore essential military capability that will be lost as a result
of the band of frequencies to be so surrendered.'' Id. See also 47
U.S.C. 923(j) and NTIA, Notification to Congress Pursuant to 47 U.S.C.
923(j)(2) Regarding the 1695-1710 MHz and 1755-1780 MHz (AWS-3)
Spectrum Bands (Jun. 4, 2014), available at https://go.usa.gov/XxHV.
Specification of the refined Protection Zones outlined below, which
reflects the determination that NTIA has now made, thus implements
provisions already incorporated in the Commission's AWS-3 rules
pursuant to notice and comment rulemaking. Additionally, NTIA's
directives to Federal agencies regarding Protection Zones (and
coordination requirements) is a matter for NTIA and not the Commission.
See, e.g., 47 U.S.C. 923(g)(6) (establishing that NTIA shall take such
actions as necessary to ensure the timely relocation and timely
implementation of arrangements for the sharing of frequencies). For
this reason, further notice to and comment by non-Federal users to the
Commission would be impracticable and unnecessary as well as contrary
to the public interest in negotiating agreement among the Commission,
NTIA, and multiple Federal users on an expedited basis, pursuant to the
timetable for licensing of the AWS-3 spectrum required by the Spectrum
Act. See 47 U.S.C. 1451(b). Nor does this reduction of Protection Zones
involve any ``major policy proposals that are not classified and that
[[Page 54713]]
involve spectrum management,'' requiring NTIA to provide for further
public comment and review. See 47 U.S.C. 903(b)(2). See also 78 FR
52097 (2013) (revisions to NTIA Manual are subject to good cause
exception of Administrative Procedure Act because they apply only to
Federal agencies); see also 5 U.S.C. 553(a)(2).
10. We note that in the AWS-3 R&O, the Commission declined to
specify that licensees deploy systems using a particular technology--
such as LTE--and instead sought to adopt technical and operational
requirements as necessary to protect against harmful interference or
effectuate other compelling public interest objectives. The Commission
recognized that CSMAC assumed baseline LTE uplink characteristics to
determine Protection Zones--in particular a 20 dBm maximum EIRP--and
concluded that this did not require adoption of LTE for all purposes.
AWS-3 R&O, 29 FCC Rcd at 4649-50 para. 105 (``Where the rules that we
adopt today differ from proposed rules that reflected CSMAC's
assumptions, we also adopt corresponding changes to the coordination
zones.''). This determination was made consistent with the Commission's
policy of supporting flexible use. The Commission noted if a licensee
decides to use a technology other than LTE, the licensee will still be
subject to the Commission's technical rules. The Commission also noted
that the required coordination process could address any issues that
may arise if the use of a different technology complies with the
Commission's rules but nonetheless poses a greater risk of interference
to incumbent Federal operations. As such, AWS-3 licensees deploying
technology that differs from CSMAC's baseline LTE uplink assumptions
may need to address as part of coordination whether such operations
pose a greater risk of interference to incumbent Federal operations
than the baseline LTE uplink characteristics that CSMAC assumed. If
relevant to the technical analysis, the licensee may need to provide
technical data regarding its base stations outside of but nearby a
relevant Protection Zone, but the licensee is not required to
successfully coordinate such stations.
A. Refinements to the 1695-1710 MHz Protection Zones
11. Forty-seven Federal earth stations will continue to receive
satellite signals in the 1675-1695 MHz band on a primary basis and on a
co-primary basis in the 1695-1710 MHz band and will continue to do so
indefinitely. 47 CFR 2.106 footnote US88. There are 13 Protection Zones
listed in footnote US88(b)(1) for Federal earth stations receiving in
the band 1695-1710 MHz and 14 Protection Zones listed in footnote
US88(b)(2) for Federal earth stations receiving in the band 1675-1695
MHz. In the AWS-3 R&O, the Commission adopted rules establishing 27
Protection Zones that encompass the 47 earth stations. AWS-3 licensees
must successfully coordinate prior to operating a base station in a
Protection Zone that enables mobile and portable AWS 3 stations to
operate up to 20 dBm EIRP. See 47 CFR 2.106 footnote US88, 27.1134(c).
12. Appendix A of this public notice sets forth the 27 Protection
Zones for operations up to 20 dBm as specified in the Commission's
rules, which the Commission adopted in accordance with NTIA's
recommendation endorsing these zones in the CSMAC WG-1 Final Report
(WG-1). Appendix A also includes refined Protection Zones (larger than
the zones established for operations up to 20 dBm but substantially
smaller than nationwide zones) for operations above 20 dBm up to the
maximum of 30 dBm EIRP permitted under the Commission's rules. These
refined Protection Zones for operations above 20 dBm use the same 27
center points that define the 27 zones for operations up to 20 dBm. To
account for the higher operating power, however, the radius of the
Protection Zone around each center point is larger.
13. Aside from the 47 Federal earth stations that will operate on a
primary (1675-1695 MHz) or co-equal primary (1695-1710 MHz) basis with
AWS-3 licensees, all other Federal Earth stations operate on a
secondary basis. 47 CFR 2.106 footnote US88(b). Non-Federal earth
stations may continue to receive MetSat data from primary Federal
MetSat space stations on an unprotected basis. See AWS-3 R&O, 29 FCC
Rcd at 4684-85 para. 199.
B. Refinements to the 1755-1780 MHz Protection Zones for Coordination
With Federal Incumbents With Non-USP Assignments
14. Some incumbent Federal systems in 1755-1780 MHz will be
relocating from the band over a period of time while others will remain
in the band indefinitely. AWS-3 licensees must successfully coordinate
with both types of Federal incumbents prior to operating a base station
in a Protection Zone that enables mobiles and portables to transmit in
the 1755-1780 MHz band. Coordination with agencies that hold USP
assignments is discussed in section II above. For agencies that hold
non-USP assignments, the AWS-3 R&O established default nationwide
coordination requirements for any proposed base station that enables
mobiles and portables to operate in the band unless otherwise agreed in
writing among all relevant parties, or if the FCC and NTIA jointly
announce refined protection zones for base stations that enable mobiles
and portables to operate in the band up to 20 dBm EIRP. This public
notice announces such refined Protection Zones.
15. We note that some incumbent Federal operations have a potential
to interfere with AWS-3 base stations located outside of the refined
Protection Zones. Under the rules that the Commission adopted in the
AWS-3 R&O, AWS-3 licensees must accept harmful interference from these
incumbent Federal operations. See, e.g., 47 CFR 27.1134(f) (``[t]he
Federal Government operates communications systems in the 1755-1780 MHz
band. Certain systems are expected to continue to operate in the band
indefinitely. All other operations will be relocating to other
frequencies or otherwise cease operations in the 1755-1780 MHz band in
accordance with 47 CFR part 301. Until such a time as Federal
operations in the 1755-1780 MHz bands vacate this spectrum, AWS
licensees shall protect such systems and must accept any interference
received from these Federal operations. See 47 CFR 2.106, US note 91 of
this chapter for details.''). With one exception, these zones are
intended to protect incumbent Federal operations from AWS-3 operations.
(We discuss the exception in section V below and Appendix C to this
public notice (refined protection zones for 25 Federal earth
stations).) In the Auction 97 Comment public notice, the Wireless
Telecommunications Bureau proposed to require an applicant to
participate in the auction to acknowledge that its operations in the
1755-1780 MHz band may be subject to interference from Federal systems,
that the applicant must accept interference from incumbent Federal
operations, and that the applicant has considered these risks before
submitting any bids for applicable licenses in the auction. Auction of
Advanced Wireless Services Licenses Scheduled for November 13, 2014;
Comment Sought on Competitive Bidding Procedures for Auction 97, AU
Docket No. 14-78, Public Notice, 29 FCC Rcd 5217, 5225 para. 24 (WTB
2014).
16. Below we describe the refined Protection Zones in 1755-1780 MHz
for non-USP DoD operations and non-USP operations by all other affected
agencies.
DoD Assignments. Appendix B-1 provides the reference for refined
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Protection Zones for coordination of AWS-3 base stations (that enable
mobiles and portables to transmit in the band up to 20 dBm EIRP) with
incumbent DoD operations depicted by system type (DoD Workbook, Tab 1).
This reference will link to a data table that DoD is finalizing that
will map the coordination requirements in each five-megahertz block
over census tracts. A census tract is ``[a] small, relatively permanent
statistical subdivision of a county delineated by a local committee of
census data users for the purpose of presenting data. Census tracts
nest within counties, and their boundaries normally follow visible
features, but may follow legal geography boundaries and other non-
visible features in some instances, Census tracts ideally contain about
4,000 people and 1,600 housing units. https://www.census.gov/glossary/
#termCensustract. There are 73,057 census tracts for the 50
states and the District of Columbia (2010 tally does not include Puerto
Rico and the Island Areas). https://www.census.gov/geo/maps-data/data/
tallies/nationalgeotallies.html. The U.S. Census
Bureau provides references, including links to mapping files. See,
e.g., https://www.census.gov/geo/education/pdfs/CensusTracts.pdf. The
use of census tracts and five-megahertz blocks should allow licensees
to analyze the data for all AWS-3 licenses. The distances used in this
analysis were equal to or, in some cases, substantially shorter than
the CSMAC recommendation. The electronic version will include
Transition Plan timelines for those impacted systems along with
documentation describing assumptions (e.g., operational area and
coordination zone) used to determine the Protection Zone. The
information will be as specific as possible, accounting for the need to
protect classified and other sensitive information and in a format that
can be manipulated and imported into mapping and other data analysis
tools.
17. As noted above, even in areas where coordination with Federal
non-USP incumbents is not required, AWS-3 licensees may still be
susceptible to harmful interference from these incumbent Federal
operations. AWS-3 licensees must accept this interference and design
their systems to overcome or avoid it in the event that they receive
it. The workbook will include a second data table mapping areas within
which there is a higher possibility that AWS-3 licensees will receive
harmful interference from non-ground based DoD operations (DoD
Workbook, Tab 2). This data table will be purely informational and will
not define the Protection Zones where successful coordination is
required. AWS-3 licensees are required by rule to accept harmful
interference from these Federal operations. (See quotation from 47 CFR
27.1134(f) above.) We also note that AWS-3 licensees are required to
comply with all other applicable rules governing their operations. The
DoD Workbook, Tab 2, will identify the areas within which AWS-3
licensees may have a higher expectation of interference from incumbent
Federal operations. These will include areas outside of Protection
Zones and areas surrounding 25 uplink Earth stations for which
coordination is required for AWS-3 base stations located in the refined
Protection Zones discussed in section V and Appendix C.
18. Non-DoD Assignments. Appendix B-2 provides refined Protection
Zones for coordination of AWS-3 base stations (that enable mobiles and
portables to transmit in the band up to 20 dBm EIRP) with certain non-
DoD incumbent Federal operations. The locations and other pertinent
information for these systems are available in the publicly released
Transition Plans. These refined Protection Zones are based on distances
that are consistent with the Commission's AWS rules to protect non-
Federal microwave systems to minimize potential coordination/
transaction costs while protecting against harmful interference into
protected Federal operations.
19. The refined Protection Zones in Appendix B apply only to AWS-3
base stations that enable mobiles and portables to operate in the 1755-
1780 MHz band up to 20 dBm EIRP. The Protection Zone remains nationwide
for base stations that enable mobiles and portables to operate in 1755-
1780 MHz at powers above 20 dBm EIRP. AWS-3 R&O, 29 FCC Rcd at 4645
para. 91. Special requirements near satellite earth stations in the
1761-1780 MHz band are discussed in section V below and Appendix C.
IV. Coordination Process Guidance
20. The purpose of coordination is to avoid harmful interference to
protected Federal operations and missions in the 1695-1710 MHz and
1755-1780 MHz bands while expediting access to and maximizing
commercial use of the spectrum. The coordination guidance described
below applies to all AWS-3 licensees seeking to operate in the 1695-
1710 MHz band or the 1755-1780 MHz band, unless the AWS-3 licensee and
the relevant Federal incumbents have agreed otherwise. Below is a
general description of the process and is not intended to encompass all
coordination requirements and scenarios. AWS-3 licensees and Federal
incumbents must use good faith throughout the coordination process,
regardless of whether they use the steps below or whether all relevant
parties have agreed to their own negotiated coordination arrangement.
The Commission's AWS-3 rules contemplate ``a good faith effort from
both the AWS-3 licensees and the Federal incumbents to share
information about their systems, agree to appropriate interference
methodologies, and communicate results so as to facilitate commercial
use of the band.'' AWS-3 R&O, 29 FCC Rcd at 4693 para. 222. This
extends to AWS licensees sharing information with Federal incumbents
and cooperating once Federal incumbents develop and implement real-time
spectrum monitoring systems around existing Federal operations
protected in the 1695-1710 MHz and adjacent bands.
A. Contact
21. Federal incumbents' Transition Plans identify a point of
contact within each agency that an AWS-3 licensee may contact to
initiate coordination. In addition, the Institute for Telecommunication
Sciences (ITS) within NTIA and DoD are creating online portals through
which an AWS-3 licensee may initiate coordination for relevant systems
(collectively referred to here as the Portals). The ITS Portal will
support coordination for all Federal incumbents in the 1695-1710 MHz
band. The DoD Portal will support coordination for all DoD incumbents
in the 1755-1780 MHz band and may over time accommodate other Federal
incumbent systems in the band.
B. Informal Discussions
22. Before an AWS-3 licensee submits a formal coordination request,
it may share draft proposals and/or request that Federal agency
coordination staff discuss draft coordination proposals. These
discussions are voluntary, informal, and non-binding and can begin at
any time. AWS-3 licensees may discuss their proposed deployment and
seek guidance on appropriate measures to ensure that electromagnetic
compatibility (EMC) analyses produce positive results. Further, AWS-3
licensees and Federal incumbents may discuss the scope and extent of
temporary sharing for those Federal assignments that may share with
AWS-3 licensees on a temporary basis. AWS-3 licensees and agency
representatives may also, on an operator-to-operator basis, develop an
analysis methodology that reflects the characteristics of the
[[Page 54715]]
licensee's proposed deployment and the Federal agency's operation.
These discussions can also involve developing a process for
identification and resolution of interference.
23. These discussions are intended to allow the Federal incumbent
and AWS-3 licensee to share information about their respective system
designs, and identify any potential coordination issues prior to the
filing of a formal coordination request. We make clear that these
discussions are non-binding, and the Federal agencies involved are not,
unless they specify, making any determination regarding the outcome of
the formal coordination. We strongly encourage parties to use informal,
non-binding discussions to minimize or resolve basic methodological
issues upfront before the AWS-3 licensee submits a formal coordination
request.
C. Formal Coordination
24. We provide guidance for the formal coordination process below.
This description is general, and the process may differ between
agencies and is subject to additional modification by the agencies and
licensees as agreed to on an operator-to-operator basis. We expect and
encourage the Federal agencies and AWS-3 licensees to engage in good
faith coordination.
1. Initiation
25. Coordination shall be initiated by the AWS-3 licensee formally
requesting access within a temporary or permanent Protection Zone and
by contacting each USP incumbent (see section II above) prior to first
operations in each AWS-3 license area. This request can be made
directly through the agency point of contact specified in the
Transition Plan, through the DoD Portal (which may accommodate other
agencies), or through the ITS Portal, depending on system type (see
section IV.A above.) The AWS-3 licensee must set up its Portal
account(s) and, once established, the AWS-3 licensee will receive a
user guide(s) and training on the use of the Portal(s).
2. Timing
26. No formal coordination for nine (9) months. Unless otherwise
agreed among an AWS-3 licensee and the relevant Federal incumbent(s),
Federal incumbents are not obligated to entertain formal coordination
requests until nine (9) months after the date of the auction closing
public notice. AWS-3 licensees may, as described above, request
informal discussions during this time.
27. Timing generally. After the first nine (9) months following the
close of the auction, Federal incumbents are expected to timely review
and respond to formal coordination requests. We encourage licensees and
incumbents, through informal discussions, to serialize formal
coordination requests as appropriate to avoid an overwhelming influx of
coordination requests at the conclusion of the nine (9) month quiet
period. We also encourage licensees and incumbents to discuss, as
appropriate, extended review timelines to the extent that the
incumbents' coordination resources are exhausted due to a large number
of requests within a short time period after the quiet period. This
will help maximize the quick and efficient review of coordination
requests.
28. When a licensee submits a formal request, the Federal point of
contact will affirmatively acknowledge receipt of the request within
five (5) calendar days after the date of submission. Within ten (10)
calendar days after the submission date, Federal staff will notify the
AWS-3 licensee whether the request is complete or incomplete. Unless
the Federal agency finds the request incomplete or the agency and AWS-3
licensee agree to a different timeline, the Federal response (the
results letter discussed below) is due within sixty (60) calendar days
after the deadline for the notice of completeness.
29. Unless otherwise agreed in writing, the requirement to reach a
coordination arrangement with each agency that has a USP assignment
(discussed above) and the requirement to successfully coordinate each
base station proposed within a Protection Zone with each agency that
has a non-USP assignment is satisfied only by obtaining the affirmative
concurrence of the relevant incumbents. These requirements are not
satisfied by omission: If a Federal agency does not timely respond,
AWS-3 licensees should contact NTIA for assistance.
30. Special temporary authority. Section 1.931 of the Commission's
rules, 47 CFR 1.931 governs applications for special temporary
authority (STA). In the Wireless Telecommunications Services, carriers
may request STAs to operate new or modified equipment in circumstances
requiring immediate or temporary use of a station. STA requests must
contain complete details about the proposed operation and the
circumstances that fully justify and necessitate the grant of STA. The
Commission coordinates non-Federal STA requests for operations in
Federal or shared Federal/non-Federal bands with NTIA, which in turn
typically provides the incumbent Federal agencies a short timeframe to
object or be deemed to have concurred.
31. Applications for STAs in the 1695-1710 MHz and 1755-1780 MHz
bands (for operations that require successful coordination with Federal
incumbents under the rules adopted in the AWS-3 R&O), should, among
other things, contain complete details about the proposed operation and
circumstances that fully justify and necessitate the grant of STA under
expedited Federal coordination. Such STA requests that do not fully
justify the necessity for bypassing the timeframe and other
coordination procedures in this public notice for coordination of AWS
operations in the 1695-1710 MHz and 1755-1780 MHz bands with incumbent
Federal agencies will be dismissed as defective without referral to
NTIA.
3. Submission Information
32. To submit a formal coordination request, the AWS-3 licensee
must include information about the technical characteristics for the
AWS-3 base stations and associated mobile units relevant to operation
within the Protection Zone. This information may be provided in a form
agreed to by the agency and licensee, or if coordination takes place
through the Portals, in accordance with the instructions provided in
the AWS-3 Portal user's guide. The types of specific information,
including the likely data fields in the Portals, include basic
technical operating parameters, (e.g., system technology, mobile EIRP,
frequency block, channel bandwidth, site name, latitude, and
longitude). As noted in section III, licensees deploying technology
that differs from CSMAC's baseline LTE uplink assumptions (apart from a
maximum EIRP above 20 dBm which is already accounted for in Appendices
A and B) may need to address as part of coordination whether such
operations pose a greater risk of interference to Federal operations
than the baseline LTE uplink characteristics that CSMAC assumed. In so
doing, if relevant to the technical analysis, the licensee may need to
provide technical data about (but not successfully coordinate) its base
stations located outside of but nearby a relevant Protection Zone. We
encourage AWS-3 licensees and Federal agencies to discuss these issues
informally prior to submission of formal requests. The AWS-3 Portals
will accept uploaded attachments that include narratives that explain
area-wide deployments.
33. AWS-3 licensees must prioritize their deployments in Protection
Zones for each Federal incumbent when submitting a formal coordination
request. If a licensee is seeking to
[[Page 54716]]
coordinate with multiple systems and/or multiple locations of operation
controlled by one Federal incumbent, it must specify the order in which
it prefers the Federal incumbent process the request (i.e., the order
of systems or geographic locations).
4. Notice of Complete or Incomplete Request
34. Once a licensee submits a formal coordination request, the
relevant Federal coordination staff will review the data to ensure that
it is in the proper format (if submitted through one of the Portals)
and contains the proper content. Federal agency coordination staff will
notify the AWS-3 licensee within ten (10) calendar days through direct
communication or through the applicable Portal that its formal
coordination request is complete or that it is incomplete. If the
Federal agency coordination staff finds a request to be incomplete, it
must identify the information the licensee must provide in as much
specificity as possible. We expect that parties will work
collaboratively to ensure completeness in a timely manner.
5. Coordination Analysis
35. As noted above, unless a timely notice of incomplete
application is sent to the AWS-3 licensee (or the parties agree to
different a timeline), the clock for the Federal response begins to run
on the deadline for the notice of completeness. The Federal response is
due within sixty (60) calendar days thereafter unless the AWS-3
licensee agrees otherwise. During these sixty (60) days, the Federal
agency will coordinate with appropriate internal units, complete EMC
analysis, and post the AWS-3 concurrence, partial concurrence with
operating conditions, or denial. Each Federal incumbent is responsible
for ensuring that it completes its internal, multi-level review in a
timely manner. Federal incumbents are encouraged, through their
designated internal coordination point of contact or through other
means, to engage the AWS-3 licensee to ask any questions and discuss
any issues in the event that any arise.
36. Once the designated Federal agency coordinator completes its
analysis pursuant to the formal coordination request, the AWS-3
licensee and the relevant Federal agency field offices are
automatically notified when a results letter is posted by the Federal
user in the relevant AWS-3 Portal or, for agencies that do not use a
Portal, transmitted to the AWS-3 licensee. The result of a coordination
request will be concurrence, partial concurrence with operating
conditions that specify the terms in which the licensee may begin
operations, or denial of the request. Because of the sensitive nature
of the data involved in much of the EMC analysis, the results letter
may not present details of the analysis, the Federal frequency
assignments affected, or timelines. In the case of partial concurrence
or denial, the results letter will contain technical information
objectively justifying the partial concurrence or denial. If a Federal
agency does not provide the necessary information within the sixty (60)
day deadline, AWS licensees may contact NTIA for assistance.
37. Upon receipt of results letter, the AWS-3 licensee may accept,
conditionally accept, or object to the partial concurrence, operating
conditions, or denial. If an AWS-3 licensee objects to the result, it
may contact the Federal agency coordinator to propose network design
modifications to help address EMC issues raised in the results letter.
The Federal agency coordinator may, where feasible, review technical
proposals from the AWS-3 licensee to relieve a denial, partial
concurrence and/or any operating condition contained in the results
letter. Once the AWS-3 licensee has revised its network design, it
resubmits a formal coordination request, and the AWS-3 formal
coordination process begins again.
38. We stress again, at this juncture, the benefits of informal
discussions among AWS-3 licensees and Federal agencies, including
during the formal coordination process. Although in many cases, Federal
agency staff may be unable to provide specific information about the
protected Federal operations in the results letter, and are not
responsible for designing the AWS-3 system, they may offer some
suggestions on how to address or mitigate the issue, given the limited
information that can be made available on some Federal systems. The
Freedom of Information Act exempts disclosure to the public of detailed
characteristics of military systems, where specifically authorized by
Executive Order to be kept secret in the interest of national defense
or foreign policy. 5 U.S.C. 552(b(1). The characterization of the
interference interactions of systems that conflict with an AWS-3
desired deployment plan may disclose information, either directly or by
inference, that has been classified and subject to substantial
restrictions on access under Executive Orders and applicable
regulations. See, e.g., Executive Order 13526 at part 4, 75 FR 707
(2009). Hence, notification letters sent out by the designated Federal
agency coordinator will identify only site and spectrum/channel
activation requirements to ensure EMC with Federal systems. If the
parties agree that informal discussions would be helpful, the sixty
(60)-day clock will be paused so the Federal incumbents are not forced
to formally decline or condition the pending, formal coordination
request within the sixty (60)-day deadline.
D. Dispute Resolution
39. Disputes generally--during coordination or regarding a sharing
agreement. If disputes arise during the coordination process, we
strongly encourage parties to negotiate in good faith to resolve them.
If an AWS licensee believes a Federal incumbent is not negotiating in
good faith, NTIA is available to assist and AWS-3 licensees have the
option to inform the Commission. If a Federal incumbent believes that
an AWS-3 licensee is not negotiating in good faith, it must nonetheless
timely respond to a formal request and can seek NTIA's assistance. We
also encourage parties to enter into operator-to-operator agreements
that have dispute resolution provisions for any or all possible
disputes. If a dispute arises between an incumbent Federal entity and
an AWS-3 licensee over an operator-to-operator coordination/sharing
agreement, provisions calling for informal negotiation, mediation, or
non-binding arbitration efforts between the parties will help clearly
define and narrow the issues for formal agency resolution by NTIA, the
Commission, or jointly, as applicable. See generally 47 CFR 1.17. The
coordination agreement in Appendix C-3 (relevant only to that system)
also contains provisions that will be applicable to parties to such
agreements.
40. Certain disputes for which the law and NTIA rules allow parties
to request a dispute resolution board. If a dispute arises between a
Federal entity and a non-Federal user regarding the execution, timing,
or cost of the transition plan submitted by the Federal entity, the law
provides that either the Federal entity or the non-Federal user may
request that NTIA establish a dispute resolution board to resolve the
dispute. See Section 113(i) of the NTIA Organization Act, as amended
(47 U.S.C. 923(i)). NTIA has adopted regulations that govern the
working of any dispute resolution boards established by NTIA. See 47
CFR part 301. Those regulations cover matters related to the workings
of a board, including the content of any request to establish a board,
the associated procedures for convening it, and the
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dispute resolution process itself. Membership of a dispute resolution
board shall be composed of a representative of OMB, NTIA, and the FCC,
each appointed by the head of his or her respective agency. The OMB
representative serves as the Chair of any board. With respect to the
resolution of any disputes that may arise, the law and NTIA's rules
require a board to meet simultaneously with representatives of the
Federal entity and the non-Federal user to discuss the dispute.
41. The Spectrum Act requires a board to rule on the dispute within
thirty (30) days after a party has requested NTIA to convene the board.
47 U.S.C. 923(i)(4). As stated in Annex O, ``[t]he statute's 30-day
deadline for responding to formal dispute resolution requests could
possibly impact a board's ability to convene, meet with the parties,
and adequately address complex cases.'' NTIA Manual, Annex O at O.5.2
para. 3. See 47 CFR 301.200(a)(2). At the same time, however, the
statute and Annex O encourage cooperation to assure timely transitions
between Federal and non-Federal use of the spectrum. If and when
differences surface among Federal and non-Federal parties, NTIA's rules
require the parties to make good faith efforts to solve these problems
on an informal basis before submitting a formal request to establish a
dispute resolution board. Id., Annex O. Informal negotiation,
mediation, or non-binding arbitration efforts between the parties will
help clearly define and narrow the issues that are necessary to bring
into the formal dispute resolution process.
42. The scope of a dispute resolution request and, consequently, a
board's decision, are limited by law and NTIA's regulations to matters
``regarding the execution, timing, or cost of the transition plan
submitted by the Federal entity.'' 47 U.S.C. 923(i)(1). The statute
authorizes a dispute resolution board to make binding decisions with
respect to such matters that can be appealed to the United States Court
of Appeals for the District of Columbia Circuit. 47 U.S.C. 923(i)(7).
Under NTIA's rules, that dispute resolution board must also ensure that
its decision does not have a detrimental impact on any national
security, law enforcement, or public safety function made known to the
board by an agency. To fulfill that obligation, the board may request
additional written submissions from an agency regarding the impact of
such a decision on the agency's operations, services, or functions. See
47 CFR 301.220(b). See also NTIA Manual, Annex O at O.5.2 para. 4.
V. Refined Protection Zones for 25 Satellite Earth Stations and
Streamlined Coordination Option
43. In the sub-band 1761-1780 MHz, Federal earth stations in the
space operation service (Earth-to-space) may continue to transmit at 25
sites and, under the Commission's rules, non-Federal (AWS-3) base
stations must accept harmful interference caused by the operation of
these Federal earth stations at these sites. See 47 CFR 2.106 footnote
US91(b)(3), 27.11334(f). Under the Commission's rules, AWS 3 licensees
must successfully coordinate with these Federal incumbents and the
default Protection Zone is nationwide unless jointly refined by the FCC
and NTIA. If reasonable modifications or new locations are required,
these Federal incumbents must successfully coordinate with all affected
AWS licensees. See 47 CFR 2.106 footnote US91(b)(3), 27.11334(f). The
Commission noted in the AWS-3 R&O that ``federal incumbents remaining
in the band must be able to have the flexibility to coordinate with
commercial licensees if reasonable modification of existing,
grandfathered operations are required in the future.'' See AWS-3 R&O,
29 FCC Rcd at 4693 para. 222.
44. The use of 1761-1780 MHz varies by earth station. CSMAC reports
include analysis regarding representative use of the band at the sites
and analysis showing the likelihood and geographical distribution of
potential interference.
A. Protection Zones Near 25 Federal Satellite Uplinks
45. AWS-3 licensees must successfully coordinate with Federal
incumbents prior to operating a base station in a Protection Zone that
enables mobiles and portables to transmit in the 1755-1780 MHz band. 47
CFR 27.1134(f). See also 47 CFR 2.106 footnote US91(a), (b)(3). As
described above, the default Protection Zone is nationwide unless
jointly revised by the Commission and NTIA.
46. Appendix C is divided into three subparts that refine the
nationwide Protection Zone applicable to AWS-3 coordination with these
Federal Earth stations, and provides details of the coordination
process including a streamlined option for AWS-3 licensees to consider.
47. Appendix C-1 provides geographic coordinates defining refined
Protection Zones for AWS-3 coordination with these incumbents. Table 1
is geographic coordinates defining refined protection zones for AWS-3
Blocks H, I, and J (1760-1780 MHz) coordination with Federal Earth
stations at 25 locations. Table 2 lists the Federal agency responsible
for coordination at each SGLS site and the Economic Areas (EAs)
partially or wholly contained within the associated coordination zone.
Table 3 lists Economic Area (EA) and SGLS Sites. Appendix C-2 depicts
maps showing these refined Protection Zones. By way of further
refinement, the Protection Zones in Appendix C-1 will apply to base
stations that enable mobiles and portables to transmit up to 30 dBm
EIRP only in the AWS-3 Blocks H, I, and J (1760-1780 MHz). AWS-3
licensees may operate in the Block G (1755-1760 MHz) up to 30 dBm EIRP
without prior coordination with these Federal Earth stations.
48. A streamlined framework is available to meet the coordination
requirement associated with these 25 Protection Zones. If an AWS-3
licensee elects not to use this streamlined framework, it must
successfully coordinate with the relevant Federal incumbent prior to
operating a base station in a Protection Zone in Appendix C-1 that
enables mobile and portables to transmit in the 1760-1780 MHz band.
AWS-3 licensees requesting coordination for a Protection Zone in
Appendix C-1 have a streamlined option set forth in Appendix C-3 in the
form of a template coordination agreement. Once an AWS-3 licensee
completes and delivers (via the DoD Portal) a signed copy of the
template agreement set forth in Appendix C-3, and the Federal agency
countersigns, the Commission and NTIA will deem the coordination
requirement satisfied for the AWS-3 licenses and Protection Zones
listed in Table 1 of the agreement. Section 2, Table A of the template
agreement calls for a description of license(s) to be subject to the
agreement by State, Site, Call Sign, and Coordination Zone. Section 3
of the template agreement calls for the AWS-3 licensee (and the Federal
agency) to provide Point-of-Contact information. Sections 2 and 4 of
the template agreement contemplate AWS-3 licensee notifications to the
Federal agency. Federal agencies will complete and countersign a
template agreement within thirty (30) calendar days of receiving one
signed by the AWS-3 licensee. Note that satisfaction of the
coordination requirement through this template agreement does not
eliminate the need for coordination with other types of systems, under
the procedures established herein, to avoid harmful interference into
Federal systems in the
[[Page 54718]]
Protection Zones described in Appendix B. Exchange of information
during execution of these coordination agreements may be facilitated by
use of the DoD Portal described in section IV above.
B. Federal Coordination With All Affected AWS-3 Licensees
49. Federal incumbents must successfully coordinate required,
reasonable modifications of these Federal satellite earth stations in
1755-1780 MHz beyond their current authorizations or the addition of
new earth station locations with all affected AWS-3 licensees. 47 CFR
2.106 footnote US91(b)(3). The modification or new station must be
required, reasonable, and authorized by NTIA. The details of the
coordination must be filed with NTIA and the Commission. Id. Prior NTIA
authorization is required for any such modifications or new stations
and NTIA will coordinate any such requests with the Commission so that
the AWS-3 licensees affected by a proposed modification or new station
can be determined on a case-by-case basis. For any affected AWS-3
licenses in the Commission's inventory at the time of the request, the
Federal incumbent must successfully coordinate the request with the
Commission. Appendices to this public notice are formatted tables,
images, and a sample coordination agreement that are available online
at: www.ntia.doc.gov/category/aws-3-transition and https://
apps.fcc.gov/edocspublic/attachmatch/DA-14-1023A1.pdf.
Karl D. Nebbia,
Associate Administrator, Office of Spectrum Management, National
Telecommunications and Information Administration.
Roger E. Sherman,
Chief, Wireless Telecommunications Bureau, Federal Communications
Commission.
[FR Doc. 2014-21748 Filed 9-11-14; 8:45 am]
BILLING CODE 6712-01-P