Cellular Service, Including Changes in Licensing of Unserved Area, 72143-72153 [2014-28151]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Rules and Regulations]
[Pages 72143-72153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28151]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 22

[WT Docket No. 12-40; RM-11510; FCC 14-181]


Cellular Service, Including Changes in Licensing of Unserved Area

AGENCY: Federal Communications Commission.

[[Page 72144]]


ACTION: Final rule.

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

SUMMARY: In this Report and Order (``R&O''), the Federal Communications 
Commission (``Commission'') adopts new and revised rules governing the 
800 MHz Cellular (``Cellular'') Service, changing the licensing model 
from site-based to geographic-based and eliminating numerous filing 
requirements while preserving direct access to area not yet licensed 
(``Unserved Area''). The Commission also deletes obsolete and 
unnecessary provisions in the rules and streamlines requirements 
remaining in place. The resulting modernized scheme gives greater 
flexibility to Cellular licensees to make improvements to their systems 
in response to changing market demands.

DATES: Effective January 5, 2015, except for the amendments to 47 CFR 
22.165(e), 47 CFR 22.948, and 47 CFR 22.953, which contain information 
collection requirements that have not yet been approved by the Office 
of Management and Budget (OMB). The Commission will publish a document 
in the Federal Register announcing the effective date of those three 
amendments.

FOR FURTHER INFORMATION CONTACT: Nina Shafran, Mobility Division, 
Wireless Telecommunications Bureau, (202) 418-2781, TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Federal 
Communications Commission's Report and Order (``R&O''), WT Docket No. 
12-40, RM No. 11510, FCC 14-181, adopted November 7, 2014 and released 
November 10, 2014. The full text of the R&O, including all Appendices, 
is available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street SW., Room CY-A157, 
Washington, DC 20554, or by downloading the text from the Commission's 
Web site at https://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db1110/FCC-14-181A1.pdf. The complete text also may be purchased 
from the Commission's duplicating contractor, Best Copy and Printing, 
Inc. Portals II, 445 12th Street SW., Suite CY-B402, Washington, DC 
20554. Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to FCC504@fcc.gov or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis of the Report and Order

I. Background

    1. Under the current site-based licensing rules, a Cellular 
applicant requests authorization to construct at a specific transmitter 
location (or multiple locations) in Unserved Area and may construct 
only authorized transmitters. Cellular Unserved Area applications 
specify the area to be licensed as CGSA and, because they are 
classified as ``major'' applications no matter how small the expansion 
area, they are subject to a 30-day public comment period during which 
petitions to deny and competing applications may be filed. In the event 
that mutually exclusive applications are accepted for a particular 
Unserved Area, they are resolved through competitive bidding in closed 
auctions. Unserved Area licenses granted are subject to a one-year 
construction deadline for the authorized site; failure to build out 
results in automatic termination of the authorization for that site, 
and the Unserved Area again is subject to re-licensing.
    2. In a Notice of Proposed Rulemaking released on February 15, 2012 
(``2012 NPRM''), the Commission proposed to transition the Cellular 
Service to geographic-based licensing by issuing geographic-area 
overlay licenses through competitive bidding in two stages. The 
Commission also proposed new and revised rules. The Commission sought 
comment on all aspects of its proposals as well as on other ideas, 
proposals, and comments discussed in the 2012 NPRM, and also invited 
the submission of alternative ideas. In response to the 2012 NPRM, 
interested parties submitted comments, reply comments, and ex parte 
letters. The specific reforms adopted by the Commission in the R&O are 
described below.

II. Report and Order

A. Geographic License Boundaries

    3. While the traditional geographic licensing model, such as the 
model for the Broadband Personal Communications Service (``PCS'') and 
other commercial wireless services, entails awarding licenses (via 
competitive bidding if mutually exclusive applications are accepted) 
for areas whose boundaries are co-terminus with well-known political 
boundaries or other market areas established by the Commission, such as 
Metropolitan Statistical Areas, the Commission concludes that 
geographic areas should be defined for the Cellular Service at this 
time by CGSA boundaries. This is consistent with the Commission's goals 
and recognizes the history and current status of the Cellular Service.
    4. As explained in more detail in the 2012 NPRM, the Commission 
digitized all CGSAs using the most recent maps on file for licensed 
CGSAs, creating map files in geographic information system (``GIS'') 
format. Since then, the staff has regularly updated the files, and in 
October 2013, made them publicly available online. They draw directly 
from official Universal Licensing System (``ULS'') station records for 
the Cellular Service, using the most recent CGSA maps of record, 
including those accompanying Cellular applications submitted pursuant 
to Commission rules. The staff uses them to determine the official 
boundary of an authorized CGSA (and a proposed CGSA when reviewing a 
Cellular Service application). They will continue to be updated 
regularly, and licensees as well as new-system applicants should 
consult them to verify CGSA boundaries.

B. Field Strength Limit

    5. Based on the record in this proceeding, the Commission finds 
that its proposed 40 dB[micro]V/m field strength limit is appropriate 
for the Cellular Service and, accordingly, the Commission adopts a new 
rule establishing this limit. The Commission also finds it appropriate, 
consistent with other geographic-based wireless services, to permit 
neighboring co-channel Cellular licensees to negotiate different field 
strength limits--higher or lower than 40 dB[micro]V/m. The Commission 
emphasizes that Cellular licensees must comply at all times with the 
applicable radiated power limits as well as applicable provisions of 
international agreements and treaties. However, given that the 
Commission is preserving the ability to expand service coverage into 
any Unserved Area nationwide, both through CGSA expansions and SAB 
extensions (as discussed further below), the Commission finds it 
appropriate to depart from the 2012 NPRM proposal to subject all 
Cellular licensees to a 40 dB[micro]V/m (or negotiated) signal field 
strength limit at their respective license boundaries. Under the 
approach the Commission has adopted in the R&O, a Cellular licensee's 
CGSA will not always be adjacent to a neighboring co-channel licensee's 
CGSA; it may in some cases be bordered by Unserved Area. Therefore, 
increased flexibility for Cellular licensees is warranted when applying 
the field strength limit rule.
    6. Accordingly, the Commission adopts a rule that will apply at 
every

[[Page 72145]]

point along the neighboring co-channel licensee's CGSA boundary. The 
following two examples illustrate this new rule: (1) If a licensee's 
CGSA borders Unserved Area (whether currently or through a service 
coverage expansion in compliance with the new rules), that licensee can 
exceed the 40 dB[micro]V/m limit at its own CGSA boundary, so long as 
it complies with that limit (or a negotiated limit) at every point 
along the neighboring co-channel licensee's CGSA boundary; (2) if two 
co-channel licensees' CGSAs are adjacent, both licensees will be 
subject to the field strength limit rule at every point along their 
shared CGSA boundary to protect one another. The Commission concludes 
that this more flexible approach serves the public interest.
    7. The Commission declines at this time to provide a methodology 
regarding how the field strength should be determined. Cellular 
licensees are best positioned to choose a methodology that takes into 
account factors unique to their systems and the area involved, 
including, for example, technologies, traffic loading, topography, and 
location of major roads. The Commission recognizes that the existing 
regime in the Gulf of Mexico (``Gulf'') Cellular market was carefully 
crafted following lengthy Commission and judicial proceedings. 
Accordingly, as set forth in the new field strength limit rule (47 CFR 
22.983) and the revised version of 47 CFR 22.912 that the Commission 
also adopts in this R&O (discussed further below), the Commission finds 
that it serves the public interest to continue to maintain the status 
quo Gulf regime in most respects and not apply the new field strength 
limit rule. Specifically, the Commission will continue to require 
service area extension agreements and associated filings with the 
Commission as follows: land-based carriers adjoining the Gulf will be 
required to negotiate any desired SAB extensions into the Gulf of 
Mexico Exclusive Zone and submit minor modification applications to the 
Commission, certifying that such consent has been obtained; and 
licensees in the Gulf of Mexico Exclusive Zone will likewise be 
required to negotiate any desired SAB extensions into the licensed area 
of neighboring land-based carriers and submit minor modification 
applications to the Commission, certifying that such consent has been 
obtained. The Commission clarifies that all land-based carriers will, 
however, be subject to the new field strength limit rule to protect the 
licensed CGSA boundaries of all neighboring co-channel land-based 
licensees.
    8. No commenters objected to the proposal to retain the 
requirements for mandatory coordination currently set forth in 47 CFR 
22.907, and the Commission finds that it serves the public interest to 
adopt that proposal. As the Commission emphasizes, Cellular licensees 
will be permitted to expand their CGSAs and extend their SABs (in 
compliance with the new rules adopted in the R&O), which are calculated 
based on contours. The formulas in 47 CFR 22.911 provide a proven 
method for the requisite calculation of such contours and the service 
area within them, and the Commission finds that they do not warrant 
change at this time. The Commission does, however, revise 47 CFR 22.911 
to delete provisions rendered obsolete by its decision to adopt a field 
strength limit rule and the related decision to eliminate certain 
requirements governing SAB extensions into another licensee's CGSA, 
discussed below, in connection with transitioning the Cellular Service 
to a geographic-based model. These revisions to 47 CFR 22.911 do not 
affect the formulas for calculating CGSAs and SABs.

C. SAB Extensions Negotiated With Another Licensee

    9. Background. Under the current Cellular site-based licensing 
regime, a licensee seeking to extend service coverage on a secondary 
basis into the licensed area of a neighboring co-channel licensee is 
required to negotiate an SAB extension agreement and is then required 
to file a minor modification application for the extension and certify 
that the neighboring licensee's consent has been obtained. In response 
to the 2012 NPRM, some commenters cautioned that previously negotiated 
SAB extension agreements should not be disrupted by the Commission.
    10. Consistent with the approach taken in other commercial wireless 
services and the Commission's goals in this proceeding, the Commission 
revises 47 CFR 22.912 to reflect that the Commission will no longer 
require applications for SAB extensions into neighboring CGSAs, and it 
adopts a conforming change to 47 CFR 22.911(d). The Commission 
clarifies that, so long as a licensee either meets the 40 dB[micro]V/m 
field strength limit or negotiates a different limit (higher or lower) 
with the neighboring co-channel licensee, resulting SAB extensions into 
a neighboring licensee's CGSA will be permitted without a minor 
modification application or a certification that consents have been 
obtained. The exception is with respect to the Gulf, as discussed 
above. The Commission emphasizes that it does not seek to disrupt 
previously negotiated SAB extension agreements between Cellular 
licensees, nor does it seek to prohibit new ones. The Commission fully 
expects that parties will continue to comply with the terms of their 
existing SAB extension agreements or negotiate new terms if they deem 
warranted.

D. SABs Remaining Within CGSA Boundaries

    11. Under the existing site-based licensing regime, Cellular 
licensees are required to file minor modification applications 
notifying the Commission of the addition or modification of transmitter 
sites that form the CGSA boundary--so-called border sites. While system 
changes to purely internal (non-border) sites generally do not require 
a Commission filing, changes to border sites require the notifications 
(but not prior approval) even when the resulting new or modified SAB 
remains entirely within the CGSA boundary.
    12. The Commission finds that it serves the public interest to no 
longer require that Cellular licensees notify the Commission of changes 
to cell sites, or the addition of new cell sites, where the SAB remains 
confined within the existing CGSA boundary. This approach is consistent 
with the Commission's goals of reducing licensee administrative 
burdens, enhancing flexibility to adapt quickly to technological and 
market place changes, and increasing harmonization of the Cellular 
Service rules with those of other geographically licensed services.
    13. Section 22.165(e). The introductory clause of 47 CFR 22.165 
limits the scope of the entire rule to transmitters that may be added 
without prior Commission approval, and subsection 22.165(e) governs 
Cellular licensees solely in that context; it does not address whether 
adding a Cellular transmitter triggers the requirement to file a 
notification with the Commission. Consistent with the licensing 
approach the Commission adopts in this R&O, the Commission also adopts 
a simplified 47 CFR 22.165(e) that eliminates references to the legacy 
Cellular licensing model (e.g., the five-year construction period of an 
initial primary license) and clarifies when a Cellular transmitter may 
be added without prior Commission approval.

E. 50-Square-Mile Minimum for CGSA Expansions

    14. There is currently no required minimum for expansion of an 
existing system's CGSA into Unserved Area, and any expansion no matter 
how small requires a major modification

[[Page 72146]]

application seeking prior Commission approval. All CGSA-expansion 
applications are placed on public notice for 30 days. This reform 
proceeding has evaluated whether there is a continued need for 
modification applications and subsequent buildout notifications for 
very small system changes. Also, a high number of amendments are 
subsequently filed, either to cure applicant errors or change the 
coverage or certain technical parameters initially proposed. The result 
is a process that consumes significant licensee and FCC resources. 
Commission data indicate that, by limiting CGSA-expansion major 
modification applications to those that propose expansion of 50 
contiguous square miles or more, together with adopting a streamlined 
procedure for service coverage expansions of less than 50 contiguous 
square miles, the volume of major modification applications and 
associated amendments for CGSA expansions will be dramatically reduced. 
Likewise, the volume of build-out notification filings would also be 
significantly reduced.
    15. The Commission is persuaded, as noted above, to continue to 
permit CGSA expansions in all CMA Blocks at this time. The Commission 
also agrees with the commenters that it serves the public interest to 
establish by rule a minimum requirement of 50 contiguous square miles 
(as determined pursuant to the applicable formula in 47 CFR 22.911) for 
all CGSA expansions (i.e., to expand service coverage on a primary, 
protected basis). The Commission concludes that this approach balances 
the concerns of large and smaller carriers alike, particularly because 
the Commission will not only continue to permit secondary operation to 
serve smaller parcels (less than 50 contiguous square miles), but will 
enhance flexibility by eliminating previously required Commission 
filings for such parcels, as discussed in detail in the next section of 
this R&O. The Commission incorporates this minimum requirement for CGSA 
expansions into the revised version of 47 CFR 22.949 that the 
Commission adopts in this R&O and, consistent with the Commission's 
regulatory reform agenda to streamline rules where possible, the 
Commission consolidates the existing new-system coverage requirements 
currently set forth in 47 CFR 22.951 into 47 CFR 22.949. The Commission 
declines at this time to adopt a commenter's proposal to establish a 
two-year build-out requirement solely for licensees in Alaska; it finds 
that the one-year build-out requirement applicable to all Cellular 
licensees has generally worked well and does warrant change at this 
time.
    16. The Commission anticipates that licensees will not make 
unnecessary filings under the new rules it adopts in this R&O. The 
Commission clarifies that, to the extent that applications are filed 
claiming Unserved Area as CGSA without meeting the new minimum square 
mileage requirement, Commission staff will not process them; rather, 
they will return or dismiss such filings unless first withdrawn by the 
applicant.

F. SAB Extensions Into Unserved Area; Shared Service on a Secondary 
Basis

    17. Since 2004, the Commission has permitted Cellular licensees to 
extend their SABs into adjacent Unserved Area and provide service on a 
secondary basis without first filing a major modification application 
seeking prior Commission approval, so long as the extension is less 
than 50 square miles. In such instances, the licensee has been required 
to file only a notification upon commencing service on a secondary 
(i.e., an unlicensed, unprotected) basis. A licensee seeking to claim 
the area as part of its CGSA (i.e., for primary, protected service) is 
required to submit a major modification application subject to a 30-day 
public comment period, no matter how small the area. The 2004 
relaxation of the prior approval requirement in such circumstances was 
designed to provide licensees with additional flexibility to respond to 
operational demands immediately in a manner that remained consistent 
with site-based licensing rules.
    18. As explained in the preceding section, to balance the concerns 
of smaller, more rural carriers and large carriers alike, the 
Commission adopts revised Cellular rules based on a geographic 
licensing model while also preserving certain elements of the existing 
site-based model, including the continued ability to expand CGSAs into 
Unserved Area so long as the proposed expansion area is at least 50 
contiguous square miles. A high volume of applications under current 
Cellular rules are to make improvements in response to technological 
changes, demographic changes, and consumer demand that change the CGSA 
boundary by an extremely small amount. The Commission finds that it 
serves the public interest to permit continued access to these small 
parcels of Unserved Area, but the Commission recognizes that filings 
associated with minor system changes that expand service into these 
small parcels often constitute hindrances to system improvements.
    19. The Commission declines to adopt commenters' unsupported 
proposals to permit Cellular incumbents simply to absorb small parcels 
of Unserved Area into their existing CGSAs, even when bordered on all 
sides by only one incumbent. The Commission finds these proposals to be 
inconsistent with Commission precedent. Consistent, however, with the 
approach the Commission adopts in this R&O to increase flexibility to 
make changes to an existing system without Commission filings, the 
Commission finds it serves the public interest to permit incumbents to 
extend their SABs (as calculated under 47 CFR 22.911) into adjacent 
Unserved Area parcels that are less than 50 contiguous square miles and 
provide service coverage on a secondary basis indefinitely and without 
any filings with the Commission. The Commission clarifies that this is 
applicable whether the SAB extension is the result of an added 
transmitter, modification of a cell site, or both. A licensee extending 
its SAB into an Unserved Area parcel of less than 50 contiguous square 
miles must: (1) Pursuant to 47 CFR 22.983 that the Commission adopts in 
this R&O, comply with the 40 dB[micro]V/m field strength limit at the 
boundary of the neighboring co-channel licensee's CGSA or negotiate a 
different field strength limit; (2) accept interference from other 
Cellular systems; and (3) avoid causing harmful interference to any 
neighboring co-channel licensee's CGSA. To the extent that more than 
one incumbent borders and wishes to serve the same Unserved Area parcel 
less than 50 contiguous square miles, such incumbents will be required 
to provide service in that parcel on a shared secondary (unprotected) 
basis only. The Commission finds that these revisions serve the public 
interest and further the Commission's goals in this proceeding.

G. Submission of Maps

    20. In the 2012 NPRM, the Commission noted that, pursuant to 
delegated authority and rules adopted in the ULS proceeding to 
eliminate paper filings, the Bureau had announced optional electronic 
filing of CGSA map files in lieu of the large-scale (1:500,000 scale) 
paper CGSA maps required to be submitted with certain Cellular 
applications. The Commission also reaffirmed the Bureau's delegated 
authority to determine and announce the effective date of mandatory 
electronic filing of such maps, with instructions for the public 
regarding access to such submissions. The Bureau continued its 
voluntary policy to allow all Cellular licensees, including the smaller 
carriers, time to explore and

[[Page 72147]]

choose appropriate software for their electronic map filings. The 2012 
NPRM anticipated mandatory electronic filing and sought comment on 
proposed rules incorporating this requirement.
    21. Nearly all large-scale CGSA maps are now submitted by 
applicants electronically in ULS. The Commission finds that, in 
conjunction with the numerous other changes adopted in the R&O to 
modernize the Cellular rules, it is appropriate to adopt final rules 
that require mandatory electronic filing of map files (rather than the 
large-scale paper CGSA maps) in GIS format with any Cellular 
applications that require maps. The Commission will continue to accept 
and preserve large-scale paper maps filed prior to the effective date 
of the electronic filing requirement that the Commission adopts in this 
R&O. Thereafter, the Commission will not accept paper maps with 
Cellular applications unless it finds that a large-scale paper map is 
necessary to review and act on a particular application and requests 
such a submission. Applications that do not comply with the new 
requirement will either be returned to the applicant or dismissed.

H. Elimination of Certain Application Content Requirements

    22. In an effort to streamline and modernize the Cellular Service-
specific rules in Subpart H as well as certain Part 1 and other Part 22 
rules applicable to Cellular licensing, the Commission proposed in the 
2012 NPRM numerous rule deletions and changes to current requirements. 
The Commission specifically indicated that, in the future, certain 
information and exhibits currently required pursuant to 47 CFR 22.929 
and 22.953(a) would not be routinely required by the Commission's 
engineering staff in their review of Cellular new-system and 
modification applications, and therefore proposed streamlining the 
information requirements in those rules.
    23. Based on the record and consistent with the Commission's 
regulatory reform agenda, the Commission finds that it serves the 
public interest to adopt revised provisions to minimize the content 
requirements for Cellular applications. Specifically, the Commission 
adopts the proposal to delete 47 CFR 22.929 and consolidate application 
requirements into a single revised and streamlined rule, 47 CFR 22.953, 
such that applicants for new systems or system modifications will no 
longer be required routinely to submit the following information in 
their exhibits: Height of the center of radiation of the antenna above 
average terrain; antenna gain in the maximum lobe; antenna model; 
antenna manufacturer name; antenna type; antenna height to tip above 
ground level; maximum effective radiated power; beam-width of the 
maximum lobe of the antenna; polar plot of the horizontal gain pattern 
of the antenna; electrical field polarization of the wave emitted by 
the antenna when installed as proposed; channel plan; service proposal; 
Cellular design; blocking level; start-up expenses; and 
interconnection.
    24. In light of technological advances and maturity of the Cellular 
Service, the Commission finds that the information and technical 
exhibits identified above are either no longer routinely necessary for 
Commission staff in reviewing Cellular applications or can be accessed 
elsewhere. By eliminating all 16 of these requirements for routine 
review, the Commission is alleviating to a significant degree the 
resources that licensees will need to expend on Cellular applications. 
The Commission concludes that such streamlining and modernization of 
the current rules serves the public interest.

I. Mutually Exclusive Applications in the Cellular Service

1. Initial License for Chambers, Texas Market (CMA672-A)
    25. Block A of the Chambers, Texas CMA (CMA672-A) (``Chambers'') is 
the only CMA in the country for which a Cellular initial primary 
license has never been issued, and AT&T Mobility of Galveston LLC 
(``AT&T Galveston'') holds an interim operating authorization--not a 
permanent license--and provides Cellular service to nearly all of the 
area under Call Sign KNKP971. The Commission proposed that the entire 
CMA672-A be licensed on a geographic area basis by auction, with 
specified build-out benchmarks.
    26. In light of the Commission's decision in this R&O to adopt a 
geographic-based licensing model for the Cellular Service, the 
Commission finds it appropriate to adopt the Commission's proposal 
regarding the Chambers license, with a few clarifications. The current 
rules provide for the acceptance of mutually exclusive applications for 
the initial license for Chambers, which would be resolved by 
competitive bidding pursuant to section 309(j) of the Communications 
Act of 1934, as amended. Accordingly, the Wireless Telecommunications 
Bureau (``Bureau'') will accept applications for a CMA-based initial 
primary license for Chambers, consistent with initial licensing of 
other CMA Blocks that have been subject to competitive bidding where 
mutually exclusive applications have been accepted. The Commission 
finds that it serves the public interest to adopt the proposed 
geographic coverage build-out requirements, rather than subjecting the 
new Chambers licensee to the legacy five-year and Unserved Area 
licensing build-out/application processes. The Chambers licensee will 
therefore be required to provide signal coverage and offer service over 
at least 35% of the geographic area of CMA672-A within four years of 
initial license grant, and to at least 70% of that same area by the end 
of the license term, as set forth in new 47 CFR 22.960 that the 
Commission adopts in this R&O. As proposed, for purposes of this 
geographic benchmark, the licensee is to count total land, and failure 
to meet these coverage benchmarks will result in automatic termination 
of the license and its return to the Commission for re-licensing by 
auction. Any licensee that so fails to meet these benchmarks will not 
be eligible to regain the Chambers license. The Commission emphasizes 
that the holder of the interim operating authorization (currently AT&T 
Galveston) does not have primary authority to operate and would not be 
afforded incumbent status entitled to protection from the Chambers 
licensee.
    27. The performance obligations for the Chambers license are 
consistent with those for geographic area licenses in certain other 
services similarly issued through competitive bidding. Accordingly, 
consistent with its regulatory reform agenda and as proposed, the 
Commission finds that it serves the public interest to eliminate--or, 
where appropriate, update--the numerous existing provisions pertaining 
to or referencing the legacy build-out periods for the Cellular Service 
throughout Parts 1 and 22 of the Commission's rules. The Commission 
discusses these specific rule changes further below.
    28. Moreover, the Commission concludes that it is appropriate to 
deem the boundary of CMA672-A as the CGSA boundary of the Chambers 
licensee. Neighboring co-channel licensees will not be permitted to 
claim as CGSA any area within CMA672-A, even if not built out by the 
Chambers licensee by the end of the initial license term. The Chambers 
licensee will be permitted to claim, as a CGSA expansion, Unserved Area 
in a neighboring CMA, provided that it has first met all of its build-
out requirements in CMA672-A by the end of the initial license term. 
Any such CGSA expansion area will not, however, remain part of the 
Chambers license in the event the Chambers license is

[[Page 72148]]

automatically terminated by Commission rule or revoked for any reason, 
in which case the area within CMA672-A will revert to the Commission 
for re-licensing by auction, while the CGSA expansion area will revert 
to the Commission for re-licensing pursuant to the Unserved Area 
licensing rules.
    29. With respect to licensee protection requirements, pursuant to 
the field strength limit rule the Commission adopts in this R&O, the 
Commission clarifies that the Chambers licensee will have the 
flexibility to construct anywhere within CMA672-A subject to Cellular 
Service technical requirements, but must comply with the 40 dB[micro]V/
m field strength limit at the CGSA boundaries of neighboring co-channel 
licensees, unless a different limit is negotiated. Further, consistent 
with the new Cellular field strength limit rule and with protection 
requirements in other geographic-based wireless services, a neighboring 
co-channel Cellular licensee must comply with the 40 dB[micro]V/m field 
strength limit at the Chambers licensed area boundary (i.e., the 
boundary of CMA672-A), regardless of whether the Chambers licensee is 
yet operating near the border of CMA672-A, or else negotiate a 
different limit.
    30. The Commission concludes that this approach provides the most 
efficient and effective means to foster the provision of additional 
advanced wireless service by a primary licensee to this Texas market 
and serves the public interest. In the event that mutually exclusive 
applications are accepted for this license, the Commission concludes 
that new 47 CFR 22.961, which the Commission adopts in this R&O 
consistent with the Commission's proposal in the 2012 NPRM, shall 
govern. The Commission directs the Bureau to proceed, within a 
reasonable time following the effective date of the final rules the 
Commission adopts in this R&O, to release the appropriate public 
notice(s) to implement its decision regarding the Chambers license.
2. Mutually Exclusive CGSA Expansion Applications
    31. The Commission emphasizes that, with this R&O, the Commission 
is not eliminating the existing prohibition on CGSA overlaps. 
Accordingly, whenever CGSA-expansion or new-system CGSA applications 
are mutually exclusive with other pending proposed operations, they 
will continue to be set for resolution by competitive bidding in a 
closed auction unless the competing applicants are able to resolve the 
mutual exclusivity beforehand (for example, through settlement) in 
accordance with the Commission's rules. Consistent with the 
Commission's proposals in the 2012 NPRM, the Commission adopts new 47 
CFR 22.961 not only to govern the Chambers license, but also mutually 
exclusive Cellular Unserved Area applications, and the Commission 
consolidates into 47 CFR 22.961 certain other rules to eliminate 
redundancy and obsolescence in provisions addressing mutually exclusive 
Cellular Service applications.

J. Other Amendments; Non-Relocation of Rules

    32. In this section, the Commission explains various other changes 
to its rules in Part 22, Subpart H, and provisions found elsewhere in 
Part 22 as well as in Part 1. The Commission urges all parties to 
review and become familiar with all final rules the Commission adopts 
in the R&O in this proceeding, including the new and revised terms and 
definitions, all as set forth in Appendix A of this R&O and which will 
take effect as specified in the pertinent Ordering Clauses.
1. Obsolete or Outdated Terminology and Provisions
    33. As stated above in the context of its decision concerning the 
Chambers license, obsolete and outdated terms are pervasive in the 
current rules applicable to the Cellular Service. Consistent with the 
Commission's proposal in the 2012 NPRM, a number of revised rules are 
being adopted in this R&O solely to bring the rules up to date by 
eliminating legacy terminology and cross-references, and by replacing 
outdated terms. In addition, the Commission adopts revisions here to 
conform certain rules in Parts 1 and 22 to the other rule changes the 
Commission adopts, as described above in this R&O.
    34. Specifically, the Commission is deleting rules and adopting 
revised rules as follows: 47 CFR 1.929(b) (revised); 47 CFR 22.99 
(deleting defined terms ``Build-out transmitters,'' ``Five-year build-
out period,'' and ``Partitioned Cellular market,'' revising slightly 
the definitions for ``Cellular Geographic Service Area,'' 
``Extension,'' and ``Unserved Area,'' and adding and defining the term 
``Cellular Market Area''); 47 CFR 22.131 (revising paragraphs 
(c)(3)(iii) and (d)(2)(iv)); 47 CFR 22.143 (revising paragraph (a)); 47 
CFR 22.909 (revised); 47 CFR 22.911 (deleting paragraph (c) and 
revising paragraph (e)); 47 CFR 22.912 (revised); 47 CFR 22.946 
(revised); 47 CFR 22.947 (deleted); 47 CFR 22.948 (revised); and 47 CFR 
22.949 (revised). The Commission also proposed to delete 47 CFR 
1.919(c) governing the reporting of Cellular cross-ownership interests, 
which is obsolete because the reporting requirement has sunset. 
Accordingly, the Commission deletes 47 CFR 1.919(c) as proposed. The 
Commission finds that adopting these rule changes serves the public 
interest and advances the Commission's regulatory reform agenda.
2. AMPS-Related Data Collection
    35. The Commission noted in the 2012 NPRM that, with sunset of the 
requirement to provide analog Cellular service, all of 47 CFR 22.901(b) 
had been rendered moot. Stating its belief that all Cellular licensees 
have had ample time to make their choice and file either the one-time 
AMPS sunset certification or the appropriate revised CGSA showing, the 
Commission proposed to terminate its collection of such certifications 
and to delete 47 CFR 22.901(b). Based on the record, the Commission 
finds that it serves the public interest to adopt revised 47 CFR 
22.901, deleting paragraph (b) of the rule as proposed. As of the 
effective date of revised 47 CFR 22.901 that the Commission adopts in 
this R&O, the Commission will cease collecting AMPS sunset 
certifications from Cellular licensees.
3. Correction of Section 1.958(d)
    36. The Commission proposed in the 2012 NPRM to correct a clerical 
error in the distance computation formula in 47 CFR 1.958(d)--an error 
that was introduced in the process of moving the provision containing 
the formula from Part 22 (then 47 CFR 22.157) to Subpart F of Part 1 of 
its rules. The error in this distance computation formula was 
inadvertent, and correction is obviously warranted. Accordingly, the 
Commission adopts the corrected rule as proposed.
4. Non-Relocation of Part 22 Cellular and Part 24 PCS Rules to Part 27
    37. The Commission invited comment in the 2012 NPRM on whether the 
revised Cellular Service-specific rules should be incorporated into 
Part 27. The Commission further suggested that, if the revised Cellular 
Service rules were to be moved into Part 27, then the rules for the 
Part 24 PCS, should also be moved into Part 27, and sought comment on 
optimal timing and whether a separate rulemaking should be launched to 
address any such relocations. The Commission concludes that relocating 
the Part 22, Subpart H Cellular Service rules is not appropriate. 
Moreover, the Commission also concludes that it is not appropriate to

[[Page 72149]]

further consider relocation of the Part 24 PCS rules in this 
proceeding.

K. Gulf of Mexico Service Area

    38. The Commission proposed in the 2012 NPRM generally to exempt 
the Gulf from the licensing revisions being considered, except that it 
proposed to subject Gulf licensees to the same field strength limit as 
all other Cellular licensees and also to certain rule changes designed 
to update and streamline the Cellular licensing regime. The Commission 
has already described, earlier in this R&O, its decision regarding 
field strength limit and the related issue of contractually negotiated 
SAB extensions with respect to the Gulf. The Commission concludes that, 
to the extent Gulf licensees are subject to Unserved Area licensing 
procedures under the current rules, consistent with the proposal in the 
2012 NPRM, it serves the public interest that Gulf licensees not be 
exempt from the revised rules and procedures that the Commission adopts 
in this R&O to modernize and streamline the Cellular Unserved Area 
licensing model. This does not disrupt the Gulf regime.

L. Freeze Order Lifted and Related Interim Procedures Terminated

    39. To permit the orderly and effective resolution of the changes 
and issues raised in the 2012 NPRM, and consistent with numerous prior 
proceedings, the Commission adopted a companion Order imposing a freeze 
on the acceptance of certain Cellular applications and imposing other 
interim procedures. The freeze and related interim procedures were very 
limited so as to permit continued expansion of service to consumers by 
incumbents but nonetheless help the Commission identify Unserved Area 
in substantially licensed CMA Blocks for purposes of conducting the 
proposed overlay auction. Although the Commission is not concluding 
this proceeding with this R&O, the Commission finds that it no longer 
serves the goals of this proceeding or the public interest to continue 
the freeze or the interim procedures. Accordingly, the freeze and the 
interim procedures that were imposed will no longer be in force as of 
the date specified in the pertinent Ordering Clause.

III. Procedural Matters

A. Paperwork Reduction Act Analysis

    40. Three of the rule amendments adopted by this R&O--47 CFR 
22.165(e), 22.948, and 22.953--contain modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (``PRA''), 
Public Law 104-13. Those rule amendments will be submitted to the 
Office of Management and Budget (``OMB'') for review under section 
3507(d) of the PRA. OMB, the general public, and other Federal agencies 
will be invited to comment on the modified information collection 
requirements. In addition, the Commission notes that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission previously sought specific comment on 
how the Commission might further reduce the information collection 
burden for small business concerns with fewer than 25 employees. The 
Commission has assessed the effects on small business concerns of the 
rule changes it is adopting by this R&O and finds that businesses with 
fewer than 25 people will benefit from the elimination of certain 
filing requirements as well as from the streamlining and updating of 
various requirements applicable to all Cellular licensees.

B. Congressional Review Act

    41. The Commission will send a copy of this R&O to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act.

C. Final Regulatory Flexibility Analysis

    42. The Regulatory Flexibility Act of 1980 (``RFA'') requires that 
an agency prepare a regulatory flexibility analysis for notice and 
comment rulemakings, unless the agency certifies that ``the rule will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' Accordingly, the Commission has 
prepared a Final Regulatory Flexibility Analysis (``FRFA''), set forth 
in Appendix C of the R&O, concerning the possible impact of the rule 
changes contained in the R&O.

D. Ex Parte Presentations

    43. Permit-But-Disclose. The Commission will continue to treat this 
proceeding as a ``permit-but-disclose'' proceeding in accordance with 
the Commission's ex parte rules. Persons making presentations must file 
a copy of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the Commission's Electronic Comment Filing System 
(``ECFS'') available for that proceeding, and must be filed in their 
native format (e.g., .doc, .xml, .ppt, searchable .pdf).
    44. People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

IV. Ordering Clauses

    45. Accordingly, it is ordered, pursuant to Sections 1, 2, 4(i), 
4(j), 7, 301, 302, 303, 307, 308, 309, and 332 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 157, 301, 
302, 303, 307, 308, 309, and 332, that this report and order in WT 
Docket No. 12-40 is adopted.
    46. It is further ordered that Parts 1 and 22 of the Commission's 
rules, 47 CFR parts 1 and 22, are amended, as specified in Appendix A, 
effective 30 days after publication in the Federal Register except as 
otherwise provided herein. It is the Commission's intention in adopting 
these rule changes that if any provision of the rules, or the 
application thereof to any person or circumstance, is held to be 
unlawful, the remaining portions of the rules not deemed unlawful, and 
the application of such rules to other persons or circumstances, shall 
remain in effect to the fullest extent permitted by law.
    47. It is further ordered that the amendments adopted in the report 
and

[[Page 72150]]

order, and specified in Appendix A, to Sections 22.165(e), 22.948, and 
22.953 of the Commission's rules, 47 CFR 22.165(e), 22.948, and 22.953, 
which contain modified information collection requirements that require 
approval by the Office of Management and Budget under the Paperwork 
Reduction Act, will become effective after the Commission publishes a 
notice in the Federal Register announcing such approval and the 
relevant effective date.
    48. It is futher ordered that, effective 30 days after publication 
in the Federal Register of a summary of this report and order, the 
freeze and interim procedures that were imposed as of the adoption date 
of the 2012 Notice of Proposed Rulemaking and Order in this WT Docket 
No. 12-40 will no longer be in effect.
    49. It is further ordered that, pursuant to Section 801(a)(1)(A) of 
the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission 
shall send a copy of this report and order to Congress and to the 
Government Accountability Office.
    50. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this report and order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects

47 CFR Part 1

    Telecommunications, Reporting and recordkeeping requirements.

47 CFR Part 22

    Communications common carriers, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1 and 22 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), 309, 1403, 1404, 1451, and 1452.


0
2. Section 1.919 is amended by removing and reserving paragraph (c) to 
read as follows:


Sec.  1.919  Ownership information.

* * * * *
    (c) [Reserved]
* * * * *

0
3. Section 1.929 is amended by revising paragraph (b) to read as 
follows:


Sec.  1.929  Classification of filings as major or minor.

* * * * *
    (b) In addition to those changes listed in paragraph (a) of this 
section, the following are major changes in the Cellular Radiotelephone 
Service:
    (1) Application requesting authorization to expand the Cellular 
Geographic Service Area (CGSA) of an existing Cellular system or, in 
the case of an amendment, as previously proposed in an application to 
expand the CGSA; or
    (2) Application or amendment requesting that a CGSA boundary or 
portion of a CGSA boundary be determined using an alternative method.
    (3) [Reserved]
* * * * *

0
4. Section 1.958 is amended by revising paragraph (d) to read as 
follows:


Sec.  1.958  Distance computation.

* * * * *
    (d) Calculate the number of kilometers per degree of longitude 
difference for the mean geodetic latitude calculated in paragraph (b) 
of this section as follows:

KPDlon = 111.41513 cos ML - 0.09455 cos 3ML + 0.00012 cos 
5ML
* * * * *

PART 22--PUBLIC MOBILE SERVICES

0
5. The authority citation for part 22 continues to read as follows:

    Authority:  47 U.S.C. 154, 222, 303, 309 and 332.


0
6. Section 22.99 is amended by:
0
a. Removing the definitions of ``Build-out transmitters,'' ``Five year 
build-out period,'' ``Partitioned Cellular market'', and ``Unserved 
Areas''.
0
b. Revising the definitions of ``Cellular Geographic Service Area,'' 
``Cellular markets'' and ``Extension''.
0
c. Adding the new definitions, ``Cellular Market Area'' and ``Unserved 
Area''.
    The additions and revisions read as follows:


Sec.  22.99   Definitions.

* * * * *
    Cellular Geographic Service Area (CGSA). The licensed geographic 
area within which a Cellular system is entitled to protection and 
adverse effects are recognized, for the purpose of determining whether 
a petitioner has standing, in the Cellular Radiotelephone Service, and 
within which the Cellular licensee is permitted to transmit, or consent 
to allow other Cellular licensees to transmit, electromagnetic energy 
and signals on the assigned channel block, in order to provide Cellular 
service. See Sec.  22.911.
* * * * *
    Cellular Market Area (CMA). A standard geographic area used by the 
FCC for administrative convenience in the licensing of Cellular 
systems; a more recent term for ``Cellular market'' (and includes 
Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs)). 
See Sec.  22.909.
* * * * *
    Cellular markets. This term is obsolescent. See definition for 
``Cellular Market Area (CMA).''
* * * * *
    Extension. In the Cellular Radiotelephone Service, an area within 
the service area boundary (calculated using the methodology of Sec.  
22.911) of a Cellular system but outside the licensed Cellular 
Geographic Service Area boundary. See Sec. Sec.  22.911 and 22.912.
* * * * *
    Unserved Area. With regard to a channel block allocated for 
assignment in the Cellular Radiotelephone Service: Geographic area in 
the District of Columbia, or any State, Territory or Possession of the 
United States of America that is not within any Cellular Geographic 
Service Area of any Cellular system authorized to transmit on that 
channel block. With regard to a channel allocated for assignment in the 
Paging and Radiotelephone service: Geographic area within the District 
of Columbia, or any State, Territory or possession of the United States 
of America that is not within the service contour of any base 
transmitter in any station authorized to transmit on that channel.

0
7. Section 22.131 is amended by revising paragraphs (c)(3)(iii) and 
(d)(2)(iv) to read as follows:


Sec.  22.131  Procedures for mutually exclusive applications.

* * * * *
    (c) * * *
    (3) * * *
    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used.
* * * * *
    (d) * * *
    (2) * * *

[[Page 72151]]

    (iv) Any application to expand the Cellular Geographic Service Area 
of an existing Cellular system. See Sec.  22.911.
* * * * *

0
8. Section 22.143 is amended by revising paragraph (a) to read as 
follows:


Sec.  22.143  Construction prior to grant of application.

* * * * *
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility 35 days after the date of the Public Notice 
listing the application for that facility as acceptable for filing.
* * * * *

0
9. Section 22.165 is amended by revising paragraph (e) to read as 
follows:


Sec.  22.165   Additional transmitters for existing systems.

* * * * *
    (e) Cellular Radiotelephone Service. The service area boundaries 
(SABs) of the additional transmitters, as calculated by the method set 
forth in Sec.  22.911(a), must not cause an expansion of the Cellular 
Geographic Service Area (CGSA), and must not extend outside the CGSA 
boundary into Unserved Area unless such extension is less than 130 
contiguous square kilometers (50 contiguous square miles). The licensee 
must seek prior approval (using FCC Form 601) regarding any 
transmitters to be added under this section that would cause an 
expansion of the CGSA, or an SAB extension of 130 contiguous square 
kilometers (50 contiguous square miles) or more, into Unserved Area. 
See Sec. Sec.  22.912, 22.953.
* * * * *


Sec.  22.228  [Removed]

0
10. Remove Sec.  22.228.
0
11. Revise Sec.  22.901 to read as follows:


Sec.  22.901   Cellular service requirements and limitations.

    The licensee of each Cellular system is responsible for ensuring 
that its Cellular system operates in compliance with this section. Each 
Cellular system must provide either mobile service, fixed service, or a 
combination of mobile and fixed service, subject to the requirements, 
limitations and exceptions in this section. Mobile service provided may 
be of any type, including two-way radiotelephone, dispatch, one-way or 
two-way paging, and personal communications services (as defined in 
part 24 of this chapter). Fixed service is considered to be primary 
service, as is mobile service. When both mobile and fixed services are 
provided, they are considered to be co-primary services. In providing 
Cellular service, each Cellular system may incorporate any technology 
that meets all applicable technical requirements in this part.

0
12. Section 22.909 is amended by revising the introductory text to read 
as follows:


Sec.  22.909  Cellular Market Areas (CMAs).

    Cellular Market Areas (CMAs) are standard geographic areas used by 
the FCC for administrative convenience in the licensing of Cellular 
systems. CMAs comprise Metropolitan Statistical Areas (MSAs) and Rural 
Service Areas (RSAs). All CMAs and the counties they comprise are 
listed in: ``Common Carrier Public Mobile Services Information, 
Cellular MSA/RSA Markets and Counties,'' Public Notice, Rep. No. CL-92-
40, 7 FCC Rcd 742 (1992).
* * * * *

0
13. Section 22.911 is amended by revising the introductory text of 
paragraph (a), by removing and reserving paragraph (c), and by revising 
paragraphs (d) and (e) to read as follows:


Sec.  22.911  Cellular geographic service area.

* * * * *
    (a) CGSA determination. The CGSA is the composite of the service 
areas of all of the cells in the system, excluding any Unserved Area 
(even if it is served on a secondary basis) or area within the CGSA of 
another Cellular system. The service area of a cell is the area within 
its service area boundary (SAB). The distance to the SAB is calculated 
as a function of effective radiated power (ERP) and antenna center of 
radiation height above average terrain (HAAT), height above sea level 
(HASL), or height above mean sea level (HAMSL).
* * * * *
    (c) [Reserved]
    (d) Protection afforded. Cellular systems are entitled to 
protection only within the CGSA (as determined in accordance with this 
section) from co-channel and first-adjacent channel interference and 
from capture of subscriber traffic by adjacent systems on the same 
channel block. Licensees must cooperate in resolving co-channel and 
first-adjacent channel interference by changing channels used at 
specific cells or by other technical means.
    (e) Unserved Area. Unserved Area is area outside of all existing 
CGSAs on either of the channel blocks, to which the Communications Act 
of 1934, as amended, is applicable.

0
14. Revise Sec.  22.912 to read as follows:


Sec.  22.912  Service area boundary extensions.

    This section contains rules governing service area boundary (SAB) 
extensions. SAB extensions are areas (calculated using the methodology 
of Sec.  22.911) that extend outside of the licensee's Cellular 
Geographic Service Area (CGSA) boundary into Unserved Area or into the 
CGSA of a neighboring co-channel licensee. Service within SAB 
extensions is not protected from interference or capture under Sec.  
22.911(d) unless and until the area within the SAB extension becomes 
part of the CGSA in compliance with all applicable rules.
    (a) Extensions into Unserved Area. Subject to paragraph (c) of this 
section, the licensee of a Cellular system may, at any time, extend its 
SAB into Unserved Area and provide service on a secondary basis only, 
provided that the extension area comprises less than 130 contiguous 
square kilometers (50 contiguous square miles). If more than one 
licensee of a Cellular system extends into all or a portion of the same 
Unserved Area under this section, all such licensees may provide 
service in such Unserved Area on a shared secondary (unprotected) basis 
only.
    (b) Contract extensions. The licensee of any Cellular system may, 
at any time, enter into a contract with an applicant for, or a licensee 
of, a Cellular system on the same channel block to allow one or more 
SAB extensions into its CGSA (not into Unserved Area).
    (c) Gulf of Mexico Service Area. Land-based Cellular system 
licensees may not extend their SABs into the Gulf of Mexico Exclusive 
Zone (GMEZ) absent written contractual consent of the co-channel GMEZ 
licensee. GMEZ licensees may not extend their SABs into the CGSA of a 
licensee on the same channel block in an adjacent CMA or the Gulf of 
Mexico Coastal Zone absent written contractual consent of the co-
channel licensee.


Sec.  22.929  [Removed and Reserved]

0
15. Remove and reserve Sec.  22.929.

0
16. Revise Sec.  22.946 to read as follows:


Sec.  22.946   Construction period for Unserved Area authorizations.

    The construction period applicable to new or modified Cellular 
facilities for which an authorization is granted pursuant to the 
Unserved Area process is one year, beginning on the date the 
authorization is granted. To satisfy this requirement, a Cellular 
system must be providing service to mobile stations operated by 
subscribers and roamers. The licensee must notify the FCC (FCC Form 
601) after the requirements of this section are met. See Sec.  1.946 of 
this chapter. See also Sec.  22.949.


Sec.  22.947  [Removed and Reserved]

0
17. Remove and reserve Sec.  22.947.

[[Page 72152]]


0
18. Revise Sec.  22.948 to read as follows:


Sec.  22.948   Geographic partitioning and spectrum disaggregation; 
spectrum leasing.

    Cellular licensees may apply to partition any portion of their 
licensed Cellular Geographic Service Area (CGSA) or to disaggregate 
their licensed spectrum at any time following the grant of their 
authorization(s). Parties seeking approval for partitioning and 
disaggregation shall request from the FCC an authorization for partial 
assignment of a license pursuant to Sec.  1.948 of this chapter. See 
also paragraph (d) of this section regarding spectrum leasing.
    (a) Partitioning, disaggregation, or combined partitioning and 
disaggregation. Applicants must file FCC Form 603 (``Assignment of 
Authorization and Transfer of Control'') pursuant to Sec.  1.948 of 
this chapter, as well as GIS map files and a reduced-size PDF map 
pursuant to Sec.  22.953 for both the assignor and assignee.
    (b) Field strength limit. For purposes of partitioning and 
disaggregation, Cellular systems must be designed so as to comply with 
Sec.  22.983.
    (c) License term. The license term for a partitioned license area 
and for disaggregated spectrum will be the remainder of the original 
license term.
    (d) Spectrum leasing. Cellular spectrum leasing is subject to all 
applicable provisions of subpart X of part 1 of this chapter as well as 
the provisions of paragraph (a) of this section, except that applicants 
must file FCC Form 608 (``Application or Notification for Spectrum 
Leasing Arrangement or Private Commons Arrangement''), not FCC Form 
603.

0
19. Revise Sec.  22.949 to read as follows:


Sec.  22.949   Unserved Area licensing; minimum coverage requirements.

    (a) The Unserved Area licensing process described in this section 
is on-going and applications may be filed at any time, subject to the 
following coverage requirements:
    (1) Applicants for authority to operate a new Cellular system or 
expand an existing Cellular Geographic Service Area (CGSA) in Unserved 
Area must propose a CGSA or CGSA expansion of at least 130 contiguous 
square kilometers (50 contiguous square miles) using the methodology of 
Sec.  22.911.
    (2) Applicants for authority to operate a new Cellular system must 
not propose coverage of water areas only (or water areas and 
uninhabited islands or reefs only), except for Unserved Area in the 
Gulf of Mexico Service Area.
    (b) There is no limit to the number of Unserved Area applications 
that may be granted on each channel block of each CMA that is subject 
to the procedures of this section. Consequently, Unserved Area 
applications are mutually exclusive only if the proposed CGSAs would 
overlap. Mutually exclusive applications are processed using the 
general procedures under Sec.  22.131.
    (c) Unserved Area applications under this section may propose a 
CGSA covering more than one CMA. Each Unserved Area application must 
request authorization for only one CGSA and must not propose a CGSA 
overlap with an existing CGSA.
    (d) Settlements among some, but not all, applicants with mutually 
exclusive applications for Unserved Area (partial settlements) under 
this section are prohibited. Settlements among all applicants with 
mutually exclusive applications under this section (full settlements) 
are allowed and must be filed no later than the date that the FCC Form 
175 (short-form) is filed.

0
20. Section 22.950 is amended by revising paragraphs (c) and (d) to 
read as follows:


Sec.  22.950   Provision of service in the Gulf of Mexico Service Area 
(GMSA).

* * * * *
    (c) Gulf of Mexico Exclusive Zone (GMEZ). GMEZ licensees have an 
exclusive right to provide Cellular service in the GMEZ, and may add, 
modify, or remove facilities anywhere within the GMEZ without prior FCC 
approval. There is no Unserved Area licensing procedure for the GMEZ.
    (d) Gulf of Mexico Coastal Zone (GMCZ). The GMCZ is subject to the 
Unserved Area licensing procedures set forth in Sec.  22.949.


Sec.  22.951  [Removed and Reserved]

0
21. Remove and reserve Sec.  22.951.

0
22. Section 22.953 is revised to read as follows:


Sec.  22.953   Content and form of applications for Cellular Unserved 
Area authorizations.

    Applications for authority to operate a new Cellular system or to 
modify an existing Cellular system must comply with the specifications 
in this section.
    (a) New Systems. In addition to information required by subpart B 
of this part and by FCC Form 601, applications for an Unserved Area 
authorization to operate a Cellular system must comply with all 
applicable requirements set forth in part 1 of this chapter, including 
the requirements specified in Sec. Sec.  1.913, 1.923, and 1.924, and 
must include the information listed below. Geographical coordinates 
must be correct to 1 second using the NAD 83 datum.
    (1) Exhibit I--Geographic Information System (GIS) map files. 
Geographic Information System (GIS) map files must be submitted showing 
the entire proposed CGSA, the new cell sites (transmitting antenna 
locations), and the service area boundaries of additional and modified 
cell sites that extend into Unserved Area being claimed as CGSA. See 
Sec.  22.911. The FCC will specify the file format required for the GIS 
map files, which are to be submitted electronically via the Universal 
Licensing System (ULS).
    (2) Exhibit II--Reduced-size PDF map. This map must be 8\1/2\ x 11 
inches (if possible, a proportional reduction of a 1:500,000 scale 
map). The map must have a legend, a distance scale, and correctly 
labeled latitude and longitude lines. The map must be clear and 
legible. The map must accurately show the entire proposed CGSA, the new 
cell sites (transmitting antenna locations), the service area 
boundaries of additional and modified cell sites that extend beyond the 
CGSA, and the relevant portions of the CMA boundary. See Sec.  22.911.
    (3) Exhibit III--Technical Information. In addition, upon request 
by an applicant, licensee, or the FCC, a Cellular applicant or licensee 
of whom the request is made shall furnish the antenna type, model, the 
name of the antenna manufacturer, antenna gain in the maximum lobe, the 
beam width of the maximum lobe of the antenna, a polar plot of the 
horizontal gain pattern of the antenna, antenna height to tip above 
ground level, the height of the center of radiation of the antenna 
above the average terrain, the maximum effective radiated power, and 
the electric field polarization of the wave emitted by the antenna when 
installed as proposed to the requesting party within ten (10) days of 
receiving written notification.
    (4)-(10) [Reserved]
    (11) Additional information. The FCC may request information not 
specified in FCC Form 601 or in paragraphs (a)(1) through (a)(3) of 
this section as necessary to process an application.
    (b) Existing systems--major modifications. Licensees making major 
modifications pursuant to Sec.  1.929(a) and (b) of this chapter must 
file FCC Form 601 and comply with the requirements of paragraph (a) of 
this section.
    (c) Existing systems--minor modifications. Licensees making minor 
modifications pursuant to Sec.  1.929(k) of this chapter, must file FCC 
Form 601 or FCC Form 603. See also Sec.  22.169. If the modification 
involves a contract SAB extension into or from the Gulf of Mexico 
Exclusive Zone, it must include

[[Page 72153]]

a certification that the required written consent has been obtained. 
See Sec.  22.912(c).

0
23. Revise Sec.  22.960 to read as follows:


Sec.  22.960   Cellular operations in the Chambers, TX CMA (CMA672-A).

    This section applies only to Cellular systems operating on channel 
block A of the Chambers, Texas CMA (CMA672-A).
    (a) The geographic boundary of CMA672-A is deemed to be the 
Cellular Geographic Service Area (CGSA) boundary. This CGSA boundary is 
not determined using the methodology of Sec.  22.911. The licensee of 
CMA672-A may not propose an expansion of this CGSA into another CMA 
unless and until it meets the construction requirement set forth in 
paragraph (b)(2) of this section.
    (b) A licensee that holds the license for CMA672-A must be 
providing signal coverage and offering service as follows (and in 
applying these geographic construction benchmarks, the licensee is to 
count total land area):
    (1) To at least 35% of the geographic area of CMA672-A within four 
years of the grant of such authorization; and
    (2) To at least 70% of the geographic area of its license 
authorization by the end of the license term.
    (c) After it has met each of the requirements of paragraphs (b)(1) 
and (b)(2), respectively, of this section, the licensee that holds the 
license for CMA672-A must notify the FCC that it has met the 
requirement by submitting FCC Form 601, including GIS map files and 
other supporting documents showing compliance with the requirement. See 
Sec.  1.946 of this chapter. See also Sec.  22.953.
    (d) Failure to meet the construction requirements set forth in 
paragraphs (b)(1) and (b)(2) of this section by each of the applicable 
deadlines will result in automatic termination of the license for 
CMA672-A and its return to the Commission for future re-licensing 
subject to competitive bidding procedures. The licensee that fails to 
meet each requirement of this section by the applicable deadline set 
forth in paragraphs (b)(1) and (b)(2) shall be ineligible to regain the 
license for CMA672-A.

0
24. Add Sec.  22.961 to read as follows:


Sec.  22.961  Cellular licenses subject to competitive bidding.

    (a) The following applications for Cellular licensed area 
authorizations are subject to competitive bidding:
    (1) Mutually exclusive applications for Unserved Area filed after 
July 26, 1993; and
    (2) Mutually exclusive applications for the initial authorization 
for CMA672-A (Chambers, TX).
    (b) The competitive bidding procedures set forth in Sec.  22.229 
and the general competitive bidding procedures set forth in subpart Q 
of part 1 of this chapter will apply.


Sec.  22.969  [Removed]

0
25. Remove Sec.  22.969.

0
26. Add Sec.  22.983 to subpart H to read as follows:


Sec.  22.983   Field strength limit.

    (a) Subject to paragraphs (b) and (c) of this section, a licensee's 
predicted or measured median field strength limit must not exceed 40 
dB[micro]V/m at any given point along the Cellular Geographic Service 
Area (CGSA) boundary of a neighboring licensee on the same channel 
block, unless the affected licensee of the neighboring CGSA on the same 
channel block agrees to a different field strength. This also applies 
to CGSAs partitioned pursuant to Sec.  22.948.
    (b) Gulf of Mexico Service Area. Notwithstanding the field strength 
limit provision set forth in paragraph (a) of this section, licensees 
in or adjacent to the Gulf of Mexico Exclusive Zone are subject to 
Sec.  22.912(c) regarding service area boundary extensions. See Sec.  
22.912(c).
    (c) Cellular licensees shall be subject to all applicable 
provisions and requirements of treaties and other international 
agreements between the United States government and the governments of 
Canada and Mexico, notwithstanding paragraphs (a) and (b) of this 
section.

[FR Doc. 2014-28151 Filed 12-4-14; 8:45 am]
BILLING CODE 6712-01-P