Terrestrial Use of the 2473-2495 MHz Band for Low-Power Mobile Broadband Networks; Amendments to Rules for the Ancillary Terrestrial Component of Mobile Satellite Service Systems, 8814-8819 [2017-02027]

Download as PDF 8814 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations Employee Retirement Income Security Act of 1974. Major Provisions of the Regulatory Action This rule adjusts as required by law the maximum civil penalties that PBGC may assess under sections 4071 and 4302 of ERISA. The new maximum amounts are $2,097 for section 4071 penalties and $279 for section 4302 penalties. Background The Pension Benefit Guaranty Corporation (PBGC) administers title IV of the Employee Retirement Income Security Act of 1974 (ERISA). Title IV has two provisions that authorize PBGC to assess civil monetary penalties.1 Section 4302, added to ERISA by the Multiemployer Pension Plan Amendments Act of 1980, authorizes PBGC to assess a civil penalty of up to $100 a day for failure to provide a notice under subtitle E of title IV of ERISA (dealing with multiemployer plans). Section 4071, added to ERISA by the Omnibus Budget Reconciliation Act of 1987, authorizes PBGC to assess a civil penalty of up to $1,000 a day for failure to provide a notice or other material information under subtitles A, B, and C of title IV and sections 303(k)(4) and 306(g)(4) of title I of ERISA. Adjustment of Civil Penalties On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,2 which requires agencies to adjust civil monetary penalties for inflation and to publish the adjustments in the Federal Register. An initial adjustment was required to be made by interim final rule published by July 1, 2016, and effective by August 1, 2016. Subsequent adjustments must be promulgated in January each year after 2016. In an interim final rule published on May 13, 2016 (at 81 FR 29765), PBGC adjusted the maximum penalty under section 4071 to $2,063 and adjusted the maximum penalty under section 4302 to $275.3 asabaliauskas on DSK3SPTVN1PROD with RULES 1 Under the Federal Civil Penalties Inflation Adjustment Act of 1990, a penalty is a civil monetary penalty if (among other things) it is for a specific monetary amount or has a maximum amount specified by Federal law. Title IV also provides (in section 4007) for penalties for late payment of premiums, but those penalties are neither in a specified amount nor subject to a specified maximum amount. 2 Sec. 701, Public Law 114–74, 129 Stat. 599–601 (Bipartisan Budget Act of 2015). 3 The Office of Management and Budget issued memorandum M–16–06 on implementation of the 2015 act, including multipliers to use in the initial adjustment. VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 On December 16, 2016, the Office of Management and Budget issued memorandum M–17–11 on implementation of the 2017 annual adjustment pursuant to the 2015 act.4 The memorandum provides agencies with the cost-of-living adjustment multiplier for 2017, which is based on the Consumer Price Index (CPI–U) for the month of October 2016, not seasonally adjusted. The multiplier for 2017 is 1.01636. The memorandum also provides guidance to agencies on finalizing their 2016 interim final rules. Accordingly, PBGC is adopting the 2016 interim final rule with a change to the maximum penalty amount for 2017 as required by the 2015 act and Office of Management and Budget memorandum M–17–11. The adjusted maximum amounts are $2,097 for section 4071 penalties and $279 for section 4302 penalties. § 4071.3 Compliance With Regulatory Requirements [FR Doc. 2017–01074 Filed 1–30–17; 8:45 am] List of Subjects 29 CFR Part 4071 29 CFR Part 4302 Penalties. In consideration of the foregoing, the interim final rule, which was published at 81 FR 29765 on May 13, 2016, is adopted as a final rule with the following changes: PART 4071—PENALTIES FOR FAILURE TO PROVIDE CERTAIN NOTICES OR OTHER MATERIAL INFORMATION 1. The authority citation for part 4071 continues to read as follows: ■ Authority: 28 U.S.C. 2461 note, as amended by sec. 701, Pub. L. 114–74, 129 Stat. 599–601; 29 U.S.C. 1302(b)(3), 1371. 4 https://www.whitehouse.gov/sites/default/files/ omb/memoranda/2017/m-17-11_0.pdf. Fmt 4700 3. The authority citation for part 4302 continues to read as follows: ■ Authority: 28 U.S.C. 2461 note, as amended by sec. 701, Pub. L. 114–74, 129 Stat. 599–601; 29 U.S.C. 1302(b)(3), 1452. § 4302.3 [Amended] 4. In § 4302.3, the figures ‘‘$275’’ are removed and the figures ‘‘$279’’ are added in their place. ■ Issued in Washington, DC. W. Thomas Reeder, Director, Pension Benefit Guaranty Corporation. FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 25 [IB Docket No. 13–213; FCC 16–181] Terrestrial Use of the 2473–2495 MHz Band for Low-Power Mobile Broadband Networks; Amendments to Rules for the Ancillary Terrestrial Component of Mobile Satellite Service Systems Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission or FCC) modifies its rules on the operation of an Ancillary Terrestrial Component (ATC) for Mobile-Satellite Service (MSS) systems operating in the 2483.5–2495 MHz band. This action modifies, inter alia, existing rules related to ‘‘gating criteria’’ for ATC in the 2483.5–2495 MHz band to enable licensees to seek authorization to deploy a terrestrial low-power system using licensed MSS spectrum. This document will serve the public interest by expanding terrestrial use of the 2483.5–2495 MHz frequency band and establishing a framework that will enable Globalstar, Inc. (Globalstar), the sole MSS licensee in the band, to utilize its 11.5 megahertz of spectrum to deploy a terrestrial low-power network. DATES: Effective March 2, 2017, except for the amendments to § 25.149, which contain information collection SUMMARY: Penalties. Frm 00010 PART 4302—PENALTIES FOR FAILURE TO PROVIDE CERTAIN MULTIEMPLOYER PLAN NOTICES BILLING CODE 7709–02–P The Office of Management and Budget has determined that this rule is not a ‘‘significant regulatory action’’ under Executive Order 12866 and therefore not subject to their review. The Office of Management and Budget also has determined that notice and public comment on this final rule are unnecessary because the adjustment of civil penalties implemented in the rule is required by law. See 5 U.S.C. 553(b). Because no general notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2). PO 00000 [Amended] 2. In § 4071.3, the figures ‘‘; $2,063’’ are removed and the figures ‘‘$2,097’’ are added in their place. ■ Sfmt 4700 E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations requirements that have not been approved by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing such OMB approval and the effective date of these rule amendments. FOR FURTHER INFORMATION CONTACT: Stephen Duall, Satellite Division, International Bureau, at 202–418–1103 or via email at Stephen.Duall@fcc.gov. For information regarding the information collection requirements contained in this document, contact Cathy Williams, Office of Managing Director, at 202–418–2918 or via email at Cathy.Williams@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order, FCC 16–181, adopted December 22, 2016. The full text of the Report and Order is available at https:// apps.fcc.gov/edocs_public/attachmatch/ FCC–16–181A1.pdf. It is also available for inspection and copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities, send an email to FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (TTY). asabaliauskas on DSK3SPTVN1PROD with RULES Synopsis Introduction. By this Report and Order (Order), the Commission adopts changes to its rules on the operation of an Ancillary Terrestrial Component (ATC) by licensees in certain MobileSatellite Service (MSS) spectrum. The Order modifies the gating criteria and other ATC rules to permit expanded terrestrial use of the 2483.5–2495 MHz frequency band and establishes a framework that will enable Globalstar, the sole MSS licensee at 2483.5–2495 MHz, to apply for a license to deploy a low-power terrestrial network in the band. This Order does not address Globalstar’s additional request concerning the deployment of a high power terrestrial service in both the Sband (2483.5–2495 MHz) and L-band (1610–1617.775 MHz), nor does it address operations of low-power terrestrial networks in the 2473–2483.5 MHz band. Background. In 2003, the Commission adopted rules for licensing and operating ‘‘ancillary terrestrial components’’ or ATCs in conjunction with MSS, including in the 2483.5–2495 MHz band, which enabled an MSS operator to request to modify its existing MSS license or grant of market access to obtain blanket authority for operation of VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 ATC stations in the United States. The rules also established certain prerequisites, or ‘‘gating criteria,’’ that MSS operators are required to meet in order to ensure that the provision of ATC would be ancillary to the provision of MSS. In 2012, Globalstar petitioned for rulemaking seeking, among other things, change in the rules governing the use of the 2483.5–2495 MHz band in which its MSS system is licensed as well as use of the adjacent unlicensed spectrum from 2473–2483.5 MHz to allow operation of a terrestrial low-power broadband network. The petition also sought revisions to the ATC gating criteria for greater flexibility in the band. In November 2013, a Notice of Proposed Rulemaking was adopted that addressed Globalstar’s proposal for a terrestrial low-power network at 2483.5–2495 MHz and 2473–2483.5 MHz Globalstar revised its proposal in November 2016, to specify operations of its low-power terrestrial system in just its licensed MSS spectrum at 2483.5– 2495 MHz. Consistent with Globalstar’s revised proposal, the Order does not address a number of issues discussed in the Notice that are specific to low-power terrestrial operations in the 2473–2483.5 MHz frequency band. Part 25 Revisions Permitting Use of the 2483.5–2495 MHz Band for Low-Power Terrestrial Networks. The Order concludes that low-power terrestrial networks in the 2483.5–2495 MHz frequency band, such as that proposed by Globalstar, are appropriately considered ancillary to licensed MSS operations and are subject to licensing as ATC under Part 25 rules. It also concludes that single-licensee control of both MSS and low-power terrestrial operations in the 2483.5–2495 MHz band is essential to effect coordination between the space and terrestrial operations and to ensure the continuation of MSS operations in the 2483.5–2495 MHz band. Modified ATC Gating Requirements in the 2483.5–2495 MHz Band. Gating criteria are set forth in section 25.149 of the Commission’s rules and must be met by MSS operators in order to offer ATC. Operators wishing to provide ATC must demonstrate the provision of ‘‘substantial satellite service’’ in the MSS (that is, the capability of providing continuous satellite service over the entire geographic area of satellite coverage required in the Commission’s rules, maintenance of spare satellites to expeditiously replace satellites no longer in service, and commercial availability throughout the mandatory PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 8815 coverage area) and must also provide ATC service and MSS on an integrated basis. The Order modifies the gating criteria rules in section 25.149 so that an MSS licensee wishing to provide ATC in the 2483.5–2495 MHz band must demonstrate that it is offering MSS service in the United States to the general public for a fee, but need not demonstrate that the satellite system meets the coverage and replacement satellite requirements that apply to ATC in other frequency bands. The Order also relaxes the integrated services rule for ATC in the 2483.5–2495 MHz band. These modifications apply only to lowpower ATC in the 2483.5–2495 MHz band and do not set a precedent for deployment of high power ATC systems. Mode of Operations in the 2483.5– 2495 MHz Band. The Order amends section 25.149(a)(1) of the Commission’s rules to permit authorization of ATC in a non-forward-band mode of operations where the equipment deployed will meet the requirements for low-power ATC systems in the 2483.5–2495 MHz band. Licensing of ATC in the 2483.5–2495 MHz Band. Before an MSS operator can provide low-power ATC in the 2483.5– 2495 MHz band, it must apply for modification of its Part 25 license to include such authority. Modification applications must be filed using FCC Form 312, accompanied by the appropriate fee, and the applications must include specific information and certifications describing the ATC facilities, including that the terrestrial facilities will comply with the technical restrictions applicable to ATC licensees. Any equipment that will operate in the low-power terrestrial network will be subject to equipment certification by the Commission. Technical Limits for Terrestrial LowPower Equipment. The Order adopts the following restrictions in this band. Total Transmit Power for terrestrial low-power equipment. The total transmit power for low-power ATC equipment operating in the 2483.5–2495 MHz band is codified under a new section 25.149(c)(4) of the Commission’s rules. Total transmit power is not to exceed 1 watt with a peak equivalent isotropically radiated power of no more than 6 dBW (4 watts) with a minimum 6 dB bandwidth of 500 kilohertz and a maximum conducted power spectral density limit of 8 dBm/3 kHz. Unwanted emissions limits above 2495 MHz. The Order requires unwanted emissions above 2495 MHz to be attenuated below the transmitter power (P) measured in watts by a factor E:\FR\FM\31JAR1.SGM 31JAR1 8816 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations of no less than 43 + 10 log (P) dB at the 2495 MHz channel edge, and 55 + 10 log (P) dB at X megahertz from this channel edge where X is the greater of 6 megahertz or the actual emissions bandwidth. ATC operators must also continue to protect the operations of BRS Channel 1 against harmful interference. If a BRS station finds that it is receiving harmful interference from an ATC station, section 25.255 of Commission’s rules requires that ATC station to resolve that interference. The Order also confirms the applicability of the technical limits and other requirements specified in sections 25.149(c)(4) and (g)(2)–(3) to the continuing operations of the low-power network. The Order concludes that, for determining compliance with the section 15.247(d) unwanted emissions limit outside the band of operation above 2495 MHz, the measurement bandwidth from section 25.254(d) applies (1 percent of the 26 dB emission), and the section 15.247(d) requirement (a measurement bandwidth of 100 kilohertz) does not apply. Unwanted emission limit at the lower edge of Globalstar’s planned frequency band. The Order adopts section 25.149(c)(4)(v), which establishes a revised unwanted emissions limit at the lower band edge at 2483.5 MHz. Emissions below 2483.5 MHz must be attenuated below the transmitter power (P) measured in watts by a factor of at least 40 + 10 log (P) dB at the channel edge at 2483.5 MHz, 43 + 10 log (P) dB at 5 MHz from the channel edge, and 55 + 10 log (P) dB at X MHz from the channel edge, where X is the greater of 6 MHz or the actual emission bandwidth. The Order also concludes that additional tests to determine the interference susceptibility of low-power unlicensed use transmissions in bands adjacent to 2483.5 MHz were unwarranted. asabaliauskas on DSK3SPTVN1PROD with RULES Part 15 Considerations Continued Applicability of Part 15 Rules to Unlicensed Devices. The Order confirms the continued applicability of Part 15 of the Commission’s rules to operations of unlicensed devices in the 2400–2483.5 MHz band, including sections 15.205, 15.209, 15.247, and 15.249. It also confirms that a licensee or operator of a terrestrial low-power system in the 2483.5–2495 MHz band may not consent to receive transmissions above 2483.5 MHz from equipment in unlicensed spectrum at 2400–2483.5 MHz in excess of the emissions otherwise permitted under sections 15.205, 15.209, and 15.249 of the Commission’s rules. VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 Restricted Band Requirements for Non-Globalstar Devices to Use Wi-Fi Channels 12 and 13. The Order declines to relax the restricted band requirements to allow non-Globalstar Wi-Fi and unlicensed devices to more fully utilize Wi-Fi Channels 12 and 13 because unlicensed operators using channels 12 and 13 would not be able to coordinate with Globalstar to prevent interference with MSS operations above 2483.5 MHz. Proposed access for Part 15 devices to the 2483.5–2495 MHz band. The Order declines to permit operation of Part 15 unlicensed devices in the 2483.5–2495 MHz spectrum as requested by some commenters. Operational Requirements for Terrestrial Low-Power Systems in the 2483.5–2495 MHz band. The Order adopts a new section 25.149(g)(2) that sets forth operational requirements for terrestrial low-power networks in the 2483.5–2495 MHz band. Such networks must utilize a Network Operating System (NOS) consisting of a network management system located at an operations center or centers. The NOS must have a point of contact available 24 hours a day, seven days a week with the technical capability to address and resolve interference issues, with contact information available publicly on the licensee’s Web site. The NOS must have the capability to control the operation of all low-power transmitters so that it can address any interference concerns by whatever means necessary, including but not limited to reducing power or terminating operations at a particular location or installation. The Order adopts a new section 25.149(g)(3), which states that licensees, namely Globalstar, are responsible for controlling operations of their lowpower network access points through the NOS. Licensees are also responsible for implementing measures to control the availability of their network to user devices, and will be responsible for any other measures necessary to prevent unauthorized use of the 2483.5–2495 MHz band. All access points operating in the 2483.5–2495 MHz band must operate only if authorized by the NOS, and all client devices operating in the 2483.5–2495 MHz band must operate only if authorized by such access points. Broadcast Auxiliary Service (BAS) Channels A8–A10. The Order concludes that no new rules are necessary to protect BAS systems at this time. It declines to require Globalstar to notify its customers located in markets where grandfathered TV BAS Channel A10 TV Pickup stations are located that the lowpower ATC network may be subject to temporary interruption in the event of PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 TV BAS operations. Furthermore, it finds that relocation of BAS stations is not necessary to protect such stations from the operations of Globalstar’s lowpower terrestrial network. Equipment Certification. The Order adopts a rule requiring that applications for equipment authorization of terrestrial low-power system equipment demonstrate compliance with 25.149(c)(4). Equipment manufacturers must certify all terrestrial low-power equipment under modified provisions in section 25.149 of the Commission’s rules. The rules do not distinguish between low-power network access points and end user terminals or client devices, and require certification for all low-power network equipment. The Order declines to address all other proposals regarding equipment certification, including modifications to existing equipment certifications. Free Access Points and Public Safety Considerations. The Order declines to incorporate as requirements in the Commission’s rules the commitments Globalstar made to deploy up to 20,000 low-power ATC access points ‘‘free-ofcharge in the nation’s public and nonprofit schools, community colleges and hospitals,’’ as well as within federally declared disaster areas. Procedural Matters Paperwork Reduction Act of 1995. This Order contains new information collection requirements in section 25.149(c)(4) and (g)(2)–(3) of the revised rules subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. It 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 new or modified information collection requirements contained in this proceeding in a separate Federal Register notice. Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. We received no comments on this issue. We have assessed the effects of the revisions adopted that might impose information collection burdens on small business concerns, and find that there will be no change in information collection for businesses with fewer than 25 employees. The information collection will include no policy changes that might impose information collection E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES burdens on small businesses with fewer than 25 employees. Congressional Review Act. The Commission will send copies of this Order to Congress and the General Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy including the final regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration, in accordance with section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. (1981). Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed Rulemaking (NPRM). The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. No comments were received on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. Need for, and Objectives of, the Proposed Rules. This Order adopts modified rules for the operation of the Ancillary Terrestrial Component (ATC) of the single Mobile-Satellite Service (MSS) system operating in the 2483.5– 2500 MHz frequency band. The changes will allow Globalstar, Inc. (Globalstar) to apply for a modification of an existing Commission license to add authority to operate a low-power network. Under the rules adopted in this Order, Globalstar would be able to provide low-power ATC under certain technical restrictions. This Order makes necessary changes to and relieves Globalstar from certain requirements in Part 25 of the Commission’s rules to provide for the operation of a low-power network in the 2483.5–2495 MHz band. The rules adopted include technical rules to limit unwanted emissions that could cause interference to other services operating above or below the 2483.5–2495 MHz band. In addition, the Order also specifies rules that will apply to the certification of equipment to operate with Globalstar’s proposed low power network. Summary of Significant Issues Raised by Public Comments in Response to the IRFA. No party filing comments in this proceeding responded to the IRFA, and no party filing comments in this proceeding otherwise argued that the policies and rules proposed in this proceeding would have a significant economic impact on a substantial number of small entities. The Commission has, nonetheless, VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 considered the potential impact of the rules proposed in the IRFA on small entities. On balance, the Commission believes that the economic impact on small entities will be positive rather than negative. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration. Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA), and to provide a detailed statement of any change made to the proposed rules as a result of those comments. The Chief Counsel did not file any comments in response to the proposed rules in this proceeding. Description and Estimate of the Number of Small Entities to Which the Rules May Apply. The RFA directs agencies to provide a description of, and, where feasible, an estimate of, the number of small entities that may be affected by the rules adopted herein. The RFA generally defines the term ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). Below, we describe and estimate the number of small entity licensees that may be affected by the adopted rules. Satellite Telecommunications and All Other Telecommunications. The rules adopted in this Order will affect some providers of satellite telecommunications services, if adopted. Satellite telecommunications service providers include satellite and earth station operators. Since 2007, the SBA has recognized two census categories for satellite telecommunications firms: ‘‘Satellite Telecommunications’’ and ‘‘Other Telecommunications.’’ Under the ‘‘Satellite Telecommunications’’ category, a business is considered small if it had $15 million or less in average annual receipts. Under the ‘‘Other Telecommunications’’ category, a business is considered small if it had $25 million or less in average annual receipts. The first category of Satellite Telecommunications ‘‘comprises establishments primarily engaged in PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 8817 providing point-to-point telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.’’ For this category, Census Bureau data for 2007 show that there were a total of 512 satellite communications firms that operated for the entire year. Of this total, 464 firms had annual receipts of under $10 million, and 18 firms had receipts of $10 million to $24,999,999. The second category of Other Telecommunications is comprised of entities ‘‘primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation. This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems. Establishments providing Internet services or voice over Internet protocol (VoIP) services via clientsupplied telecommunications connections are also included in this industry.’’ For this category, Census Bureau data for 2007 show that there were a total of 2,383 firms that operated for the entire year. Of this total, 2,346 firms had annual receipts of under $25 million. Our rule changes will only impact one Satellite Telecommunications Service Provider, Globalstar, Inc. (Globalstar). Globalstar reported $76.3 million in revenue in 2012. Regarding the use of the frequency bands that are the subject of this rulemaking, the applicable definition of small entity is the definition under the Small Business Administration (SBA) rules applicable to Satellite Telecommunications. Because the rule amendments affect only Globalstar, which cannot be described as a small entity, and no other satellite telecommunications service providers, we find that no substantial number of small entities is potentially affected by our actions. Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. The rules will pertain to manufacturers of communications devices. The appropriate small business size standard is that which the SBA has established for radio and television broadcasting and wireless communications equipment manufacturing. The Census Bureau defines this category as follows: E:\FR\FM\31JAR1.SGM 31JAR1 asabaliauskas on DSK3SPTVN1PROD with RULES 8818 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations ‘‘This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment. Examples of products made by these establishments are: Transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment.’’ The SBA has developed a small business size standard for firms in this category, which is: All such firms having 750 or fewer employees. According to Census Bureau data for 2007, there were a total of 939 establishments in this category that operated for part or all of the entire year. Of this total, 784 had fewer than 500 employees and 155 had more than 100 employees. Thus, under this size standard, the majority of firms can be considered small. We anticipate that the rules will apply to new equipment that will be manufactured. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities. The rule changes adopted in this Order will affect the reporting, recordkeeping, and other compliance requirements for small business equipment manufacturers who would provide the equipment to be used as part of the contemplated new system. All devices that will operate in the lowpower terrestrial network will be subject to the certification procedures contained in Subpart J of Part 2 of the Commission’s rules, including certifying compliance with the relevant rule parts. Parties responsible for equipment compliance will be required to demonstrate that an authorized access point device can only operate in the 2483.5–2495 MHz band when it is operating under the control of a Globalstar Network Operating Center and that a client device can only operate in the 2483.5–2495 MHz band when it is operating under the control of an authorized access point. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered. The RFA requires an agency to describe any significant alternatives that it has considered in developing its approach, which may include the following four alternatives (among others): ‘‘(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rules for such small entities; (3) the use of VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.’’ The Commission is aware that some of the revisions may impact small entities. The NPRM sought comment from all interested parties, and small entities were encouraged to bring to the Commission’s attention any specific concerns they may have with the proposals outlined in the NPRM. No commenters raised any specific concerns about the impact of the revisions on small entities. This Order specifies the equipment certification approach for equipment that will be able to operate with the proposed low-power terrestrial network. We conclude that parties responsible for equipment compliance must demonstrate that an authorized access point device can only operate in the 2483.5–2495 MHz band when it is operating under the control of a Globalstar Network Operating System and that a client device can only operate in the 2483.5–2495 MHz band when it is operating under the control of an authorized access point. While this may have an impact on small entities seeking to certify equipment to operate with the Globalstar low-power terrestrial network, we believe this demonstration will have less of an impact on small entities than an alternative proposal in the NPRM that the responsible parties provide evidence of Globalstar’s consent at the time of application. Report to Congress. The Commission will send a copy of this Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of this Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this Order and FRFA (or summaries thereof) will also be published in the Federal Register. Legal Basis. The action is authorized under sections 4(i), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r). Ordering Clauses Accordingly, it is ordered that, pursuant to sections 4(i), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r), that this Report and Order in IB Docket No. 13– 213 is hereby adopted. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 It is further ordered that the amendments of Part 25 of the Commission’s rules set forth in Appendix A shall become effective March 2, 2017, except that those rules and requirements which contain new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act shall become effective after the Commission publishes a notice in the Federal Register announcing such approval and the relevant effective date. It is further ordered that the International Bureau will issue a Public Notice announcing the effective date for all of the changes adopted in this Report and Order. List of Subjects in 47 CFR Part 25 Ancillary terrestrial component, Communications equipment, Radio, Satellites. Federal Communications Commission. Katura Howard, Federal Register Liaison. Office of the Secretary. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 25 as follows: PART 25—SATELLITE COMMUNICATIONS 1. The authority citation for part 25 continues to read as follows: ■ Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted. 2. Section 25.149 is amended by revising paragraph (a)(1), the note to paragraph (a)(1), paragraph (c)(3); adding paragraph (c)(4); revising paragraph (e); redesignating paragraph (g) as paragraph (h); and adding new paragraph (g) to read as follows: ■ § 25.149 Application requirements for ancillary terrestrial components in the Mobile-Satellite Service networks operating in the 1.5/1.6 GHz and 1.6/2.4 GHz MobileSatellite Service. (a) * * * (1) ATC shall be deployed in the forward-band mode of operation whereby the ATC mobile terminals transmit in the MSS uplink bands and the ATC base stations transmit in the MSS downlink bands in portions of the 1626.5–1660.5 MHz/1525–1559 MHz bands (L-band) and the 1610–1626.5 MHz/2483.5–2500 MHz bands. Note to paragraph (a)(1): An L-band MSS licensee is permitted to apply for ATC authorization based on a non-forward-band mode of operation provided it is able to demonstrate that the use of a non-forward- E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations band mode of operation would produce no greater potential interference than that produced as a result of implementing the rules of this section. A 1.6/2.4 GHz band licensee is permitted to apply for ATC authorization on a non-forward-band mode of operation where the equipment deployed will meet the requirements of paragraph (c)(4) of this section. asabaliauskas on DSK3SPTVN1PROD with RULES * * * * * (c) * * * (3) Licensees and manufacturers are subject to the radiofrequency radiation exposure requirements specified in §§ 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. ATC base stations must comply with the requirements specified in § 1.1307(b) of this chapter for PCS base stations. ATC mobile stations must comply with the requirements specified for mobile and portable PCS transmitting devices in § 1.1307(b) of this chapter. ATC mobile terminals must also comply with the requirements in §§ 2.1091 and 2.1093 of this chapter for Satellite Communications Services devices. Applications for equipment authorization of ATC mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission upon request. (4) Applications for equipment authorization of terrestrial low-power system equipment that will operate in the 2483.5–2495 MHz band shall demonstrate the following: (i) The transmitted signal is digitally modulated; (ii) The 6 dB bandwidth is at least 500 kHz; (iii) The maximum transmit power is no more than 1 W with a peak EIRP of no more than 6 dBW; (iv) The maximum power spectral density conducted to the antenna is not greater than 8 dBm in any 3 kHz band during any time interval of continuous transmission; (v) Emissions below 2483.5 MHz are attenuated below the transmitter power (P) measured in watts by a factor of at least 40 + 10 log (P) dB at the channel edge at 2483.5 MHz, 43 + 10 log (P) dB at 5 MHz from the channel edge, and 55 + 10 log (P) dB at X MHz from the channel edge where X is the greater of 6 MHz or the actual emission bandwidth. (vi) Emissions above 2495 MHz are attenuated below the transmitter power (P) measured in watts by a factor of at least 43 + 10 log (P) dB on all frequencies between the channel edge at VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 2495 MHz and X MHz from this channel edge and 55 + 10 log (P) dB on all frequencies more than X MHz from this channel edge, where X is the greater of 6 MHz or the actual emission bandwidth; (vii) Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately above and adjacent to the 2495 MHz a resolution bandwidth of at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. If 1 percent of the emission bandwidth of the fundamental emission is less than 1 MHz, the power measured must be integrated over the required measurement bandwidth of 1 MHz. A resolution bandwidth narrower than 1 MHz is permitted to improve measurement accuracy, provided the measured power is integrated over the full required measurement bandwidth (i.e., 1 MHz). The emission bandwidth of the fundamental emission of a transmitter is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section; and Note to paragraph (c)(4): Systems meeting the requirements set forth in this section are deemed to have also met the requirements of § 25.254(a) through (d). No further demonstration is needed for these systems with respect to § 25.254(a)–(d). * * * * * (e) Except as provided for in paragraphs (f) and (g) of this section, no application for an ancillary terrestrial component shall be granted until the applicant has demonstrated actual compliance with the provisions of paragraph (b) of this section. Upon receipt of ATC authority, all ATC licensees shall ensure continued compliance with this section and §§ 25.253 or 25.254, as appropriate. * * * * * (g) Special provisions for terrestrial low-power systems in the 2483.5–2495 MHz band. (1) An operational MSS system that applies for authority to deploy ATC in the 2483.5–2495 MHz band for terrestrial low-power operations satisfying the equipment certification requirements of paragraph (c)(4) of this section is not required to PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 8819 demonstrate compliance with paragraph (b) of this section, except to demonstrate the commercial availability of MSS, without regard to coverage requirements. (2) An ATC licensee seeking to modify its license to add authority to operate a terrestrial low-power network shall certify in its modification application that its operations will utilize a Network Operating System (NOS), consisting of a network management system located at an operations center or centers. The NOS shall have the technical capability to address and resolve interference issues related to the licensee’s network operations by reducing operational power; adjusting operational frequencies; shutting off operations; or any other appropriate means. The NOS shall also have the ability to resolve interference from the terrestrial lowpower network to the licensee’s MSS operations and to authorize access points to the network, which in turn may authorize access to the network by end-user devices. The NOS operations center shall have a point of contact in the United States available 24 hours a day, seven days a week, with a phone number and address made publiclyavailable by the licensee. (3) All access points operating in the 2483.5–2495 MHz band shall only operate when authorized by the ATC licensee’s NOS, and all client devices operating in the 2483.5–2495 MHz band shall only operate when under the control of such access points. * * * * * 3. Section 25.254 is amended by adding paragraph (e) to read as follows: ■ § 25.254 Special requirements for ancillary terrestrial components operating in the 1610–1626.5 MHz/2483.5–2500 MHz bands. * * * * * (e) Licensees of terrestrial low-power systems operating in the 2483.5–2495 MHz band shall operate consistent with the technical limits and other requirements specified in § 25.149(c)(4) and (g)(2)–(3). [FR Doc. 2017–02027 Filed 1–30–17; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\31JAR1.SGM 31JAR1

Agencies

[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Rules and Regulations]
[Pages 8814-8819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02027]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 13-213; FCC 16-181]


Terrestrial Use of the 2473-2495 MHz Band for Low-Power Mobile 
Broadband Networks; Amendments to Rules for the Ancillary Terrestrial 
Component of Mobile Satellite Service Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) modifies its rules on the operation of an Ancillary 
Terrestrial Component (ATC) for Mobile-Satellite Service (MSS) systems 
operating in the 2483.5-2495 MHz band. This action modifies, inter 
alia, existing rules related to ``gating criteria'' for ATC in the 
2483.5-2495 MHz band to enable licensees to seek authorization to 
deploy a terrestrial low-power system using licensed MSS spectrum. This 
document will serve the public interest by expanding terrestrial use of 
the 2483.5-2495 MHz frequency band and establishing a framework that 
will enable Globalstar, Inc. (Globalstar), the sole MSS licensee in the 
band, to utilize its 11.5 megahertz of spectrum to deploy a terrestrial 
low-power network.

DATES: Effective March 2, 2017, except for the amendments to Sec.  
25.149, which contain information collection

[[Page 8815]]

requirements that have not been approved by the Office of Management 
and Budget (OMB). The Commission will publish a document in the Federal 
Register announcing such OMB approval and the effective date of these 
rule amendments.

FOR FURTHER INFORMATION CONTACT: Stephen Duall, Satellite Division, 
International Bureau, at 202-418-1103 or via email at 
Stephen.Duall@fcc.gov. For information regarding the information 
collection requirements contained in this document, contact Cathy 
Williams, Office of Managing Director, at 202-418-2918 or via email at 
Cathy.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 16-181, adopted December 22, 2016. The full text of the 
Report and Order is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-181A1.pdf. It is also available for inspection and 
copying during business hours in the FCC Reference Information Center, 
Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. To 
request materials in accessible formats for people with disabilities, 
send an email to FCC504@fcc.gov or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Synopsis

    Introduction. By this Report and Order (Order), the Commission 
adopts changes to its rules on the operation of an Ancillary 
Terrestrial Component (ATC) by licensees in certain Mobile-Satellite 
Service (MSS) spectrum. The Order modifies the gating criteria and 
other ATC rules to permit expanded terrestrial use of the 2483.5-2495 
MHz frequency band and establishes a framework that will enable 
Globalstar, the sole MSS licensee at 2483.5-2495 MHz, to apply for a 
license to deploy a low-power terrestrial network in the band. This 
Order does not address Globalstar's additional request concerning the 
deployment of a high power terrestrial service in both the S-band 
(2483.5-2495 MHz) and L-band (1610-1617.775 MHz), nor does it address 
operations of low-power terrestrial networks in the 2473-2483.5 MHz 
band.
    Background. In 2003, the Commission adopted rules for licensing and 
operating ``ancillary terrestrial components'' or ATCs in conjunction 
with MSS, including in the 2483.5-2495 MHz band, which enabled an MSS 
operator to request to modify its existing MSS license or grant of 
market access to obtain blanket authority for operation of ATC stations 
in the United States. The rules also established certain prerequisites, 
or ``gating criteria,'' that MSS operators are required to meet in 
order to ensure that the provision of ATC would be ancillary to the 
provision of MSS.
    In 2012, Globalstar petitioned for rulemaking seeking, among other 
things, change in the rules governing the use of the 2483.5-2495 MHz 
band in which its MSS system is licensed as well as use of the adjacent 
unlicensed spectrum from 2473-2483.5 MHz to allow operation of a 
terrestrial low-power broadband network. The petition also sought 
revisions to the ATC gating criteria for greater flexibility in the 
band.
    In November 2013, a Notice of Proposed Rulemaking was adopted that 
addressed Globalstar's proposal for a terrestrial low-power network at 
2483.5-2495 MHz and 2473-2483.5 MHz Globalstar revised its proposal in 
November 2016, to specify operations of its low-power terrestrial 
system in just its licensed MSS spectrum at 2483.5-2495 MHz. Consistent 
with Globalstar's revised proposal, the Order does not address a number 
of issues discussed in the Notice that are specific to low-power 
terrestrial operations in the 2473-2483.5 MHz frequency band.

Part 25 Revisions

    Permitting Use of the 2483.5-2495 MHz Band for Low-Power 
Terrestrial Networks. The Order concludes that low-power terrestrial 
networks in the 2483.5-2495 MHz frequency band, such as that proposed 
by Globalstar, are appropriately considered ancillary to licensed MSS 
operations and are subject to licensing as ATC under Part 25 rules. It 
also concludes that single-licensee control of both MSS and low-power 
terrestrial operations in the 2483.5-2495 MHz band is essential to 
effect coordination between the space and terrestrial operations and to 
ensure the continuation of MSS operations in the 2483.5-2495 MHz band.
    Modified ATC Gating Requirements in the 2483.5-2495 MHz Band. 
Gating criteria are set forth in section 25.149 of the Commission's 
rules and must be met by MSS operators in order to offer ATC. Operators 
wishing to provide ATC must demonstrate the provision of ``substantial 
satellite service'' in the MSS (that is, the capability of providing 
continuous satellite service over the entire geographic area of 
satellite coverage required in the Commission's rules, maintenance of 
spare satellites to expeditiously replace satellites no longer in 
service, and commercial availability throughout the mandatory coverage 
area) and must also provide ATC service and MSS on an integrated basis.
    The Order modifies the gating criteria rules in section 25.149 so 
that an MSS licensee wishing to provide ATC in the 2483.5-2495 MHz band 
must demonstrate that it is offering MSS service in the United States 
to the general public for a fee, but need not demonstrate that the 
satellite system meets the coverage and replacement satellite 
requirements that apply to ATC in other frequency bands. The Order also 
relaxes the integrated services rule for ATC in the 2483.5-2495 MHz 
band. These modifications apply only to low-power ATC in the 2483.5-
2495 MHz band and do not set a precedent for deployment of high power 
ATC systems.
    Mode of Operations in the 2483.5-2495 MHz Band. The Order amends 
section 25.149(a)(1) of the Commission's rules to permit authorization 
of ATC in a non-forward-band mode of operations where the equipment 
deployed will meet the requirements for low-power ATC systems in the 
2483.5-2495 MHz band.
    Licensing of ATC in the 2483.5-2495 MHz Band. Before an MSS 
operator can provide low-power ATC in the 2483.5-2495 MHz band, it must 
apply for modification of its Part 25 license to include such 
authority. Modification applications must be filed using FCC Form 312, 
accompanied by the appropriate fee, and the applications must include 
specific information and certifications describing the ATC facilities, 
including that the terrestrial facilities will comply with the 
technical restrictions applicable to ATC licensees. Any equipment that 
will operate in the low-power terrestrial network will be subject to 
equipment certification by the Commission.
    Technical Limits for Terrestrial Low-Power Equipment. The Order 
adopts the following restrictions in this band.
    Total Transmit Power for terrestrial low-power equipment. The total 
transmit power for low-power ATC equipment operating in the 2483.5-2495 
MHz band is codified under a new section 25.149(c)(4) of the 
Commission's rules. Total transmit power is not to exceed 1 watt with a 
peak equivalent isotropically radiated power of no more than 6 dBW (4 
watts) with a minimum 6 dB bandwidth of 500 kilohertz and a maximum 
conducted power spectral density limit of 8 dBm/3 kHz.
    Unwanted emissions limits above 2495 MHz. The Order requires 
unwanted emissions above 2495 MHz to be attenuated below the 
transmitter power (P) measured in watts by a factor

[[Page 8816]]

of no less than 43 + 10 log (P) dB at the 2495 MHz channel edge, and 55 
+ 10 log (P) dB at X megahertz from this channel edge where X is the 
greater of 6 megahertz or the actual emissions bandwidth. ATC operators 
must also continue to protect the operations of BRS Channel 1 against 
harmful interference. If a BRS station finds that it is receiving 
harmful interference from an ATC station, section 25.255 of 
Commission's rules requires that ATC station to resolve that 
interference. The Order also confirms the applicability of the 
technical limits and other requirements specified in sections 
25.149(c)(4) and (g)(2)-(3) to the continuing operations of the low-
power network. The Order concludes that, for determining compliance 
with the section 15.247(d) unwanted emissions limit outside the band of 
operation above 2495 MHz, the measurement bandwidth from section 
25.254(d) applies (1 percent of the 26 dB emission), and the section 
15.247(d) requirement (a measurement bandwidth of 100 kilohertz) does 
not apply.
    Unwanted emission limit at the lower edge of Globalstar's planned 
frequency band. The Order adopts section 25.149(c)(4)(v), which 
establishes a revised unwanted emissions limit at the lower band edge 
at 2483.5 MHz. Emissions below 2483.5 MHz must be attenuated below the 
transmitter power (P) measured in watts by a factor of at least 40 + 10 
log (P) dB at the channel edge at 2483.5 MHz, 43 + 10 log (P) dB at 5 
MHz from the channel edge, and 55 + 10 log (P) dB at X MHz from the 
channel edge, where X is the greater of 6 MHz or the actual emission 
bandwidth. The Order also concludes that additional tests to determine 
the interference susceptibility of low-power unlicensed use 
transmissions in bands adjacent to 2483.5 MHz were unwarranted.

Part 15 Considerations

    Continued Applicability of Part 15 Rules to Unlicensed Devices. The 
Order confirms the continued applicability of Part 15 of the 
Commission's rules to operations of unlicensed devices in the 2400-
2483.5 MHz band, including sections 15.205, 15.209, 15.247, and 15.249. 
It also confirms that a licensee or operator of a terrestrial low-power 
system in the 2483.5-2495 MHz band may not consent to receive 
transmissions above 2483.5 MHz from equipment in unlicensed spectrum at 
2400-2483.5 MHz in excess of the emissions otherwise permitted under 
sections 15.205, 15.209, and 15.249 of the Commission's rules.
    Restricted Band Requirements for Non-Globalstar Devices to Use Wi-
Fi Channels 12 and 13. The Order declines to relax the restricted band 
requirements to allow non-Globalstar Wi-Fi and unlicensed devices to 
more fully utilize Wi-Fi Channels 12 and 13 because unlicensed 
operators using channels 12 and 13 would not be able to coordinate with 
Globalstar to prevent interference with MSS operations above 2483.5 
MHz.
    Proposed access for Part 15 devices to the 2483.5-2495 MHz band. 
The Order declines to permit operation of Part 15 unlicensed devices in 
the 2483.5-2495 MHz spectrum as requested by some commenters.
    Operational Requirements for Terrestrial Low-Power Systems in the 
2483.5-2495 MHz band. The Order adopts a new section 25.149(g)(2) that 
sets forth operational requirements for terrestrial low-power networks 
in the 2483.5-2495 MHz band. Such networks must utilize a Network 
Operating System (NOS) consisting of a network management system 
located at an operations center or centers. The NOS must have a point 
of contact available 24 hours a day, seven days a week with the 
technical capability to address and resolve interference issues, with 
contact information available publicly on the licensee's Web site. The 
NOS must have the capability to control the operation of all low-power 
transmitters so that it can address any interference concerns by 
whatever means necessary, including but not limited to reducing power 
or terminating operations at a particular location or installation.
    The Order adopts a new section 25.149(g)(3), which states that 
licensees, namely Globalstar, are responsible for controlling 
operations of their low-power network access points through the NOS. 
Licensees are also responsible for implementing measures to control the 
availability of their network to user devices, and will be responsible 
for any other measures necessary to prevent unauthorized use of the 
2483.5-2495 MHz band. All access points operating in the 2483.5-2495 
MHz band must operate only if authorized by the NOS, and all client 
devices operating in the 2483.5-2495 MHz band must operate only if 
authorized by such access points.
    Broadcast Auxiliary Service (BAS) Channels A8-A10. The Order 
concludes that no new rules are necessary to protect BAS systems at 
this time. It declines to require Globalstar to notify its customers 
located in markets where grandfathered TV BAS Channel A10 TV Pickup 
stations are located that the low-power ATC network may be subject to 
temporary interruption in the event of TV BAS operations. Furthermore, 
it finds that relocation of BAS stations is not necessary to protect 
such stations from the operations of Globalstar's low-power terrestrial 
network.
    Equipment Certification. The Order adopts a rule requiring that 
applications for equipment authorization of terrestrial low-power 
system equipment demonstrate compliance with 25.149(c)(4). Equipment 
manufacturers must certify all terrestrial low-power equipment under 
modified provisions in section 25.149 of the Commission's rules. The 
rules do not distinguish between low-power network access points and 
end user terminals or client devices, and require certification for all 
low-power network equipment. The Order declines to address all other 
proposals regarding equipment certification, including modifications to 
existing equipment certifications.
    Free Access Points and Public Safety Considerations. The Order 
declines to incorporate as requirements in the Commission's rules the 
commitments Globalstar made to deploy up to 20,000 low-power ATC access 
points ``free-of-charge in the nation's public and non-profit schools, 
community colleges and hospitals,'' as well as within federally 
declared disaster areas.

Procedural Matters

    Paperwork Reduction Act of 1995. This Order contains new 
information collection requirements in section 25.149(c)(4) and (g)(2)-
(3) of the revised rules subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. It 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 new or modified information collection 
requirements contained in this proceeding in a separate Federal 
Register notice.
    Pursuant to the Small Business Paperwork Relief Act of 2002, Public 
Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific 
comment on how the Commission might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees. We received no comments on this issue. We have assessed the 
effects of the revisions adopted that might impose information 
collection burdens on small business concerns, and find that there will 
be no change in information collection for businesses with fewer than 
25 employees. The information collection will include no policy changes 
that might impose information collection

[[Page 8817]]

burdens on small businesses with fewer than 25 employees.
    Congressional Review Act. The Commission will send copies of this 
Order to Congress and the General Accountability Office pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), and will send a copy 
including the final regulatory flexibility analysis to the Chief 
Counsel for Advocacy of the Small Business Administration, in 
accordance with section 603(a) of the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. (1981).

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM). The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. No comments were received on the IRFA. 
This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
    Need for, and Objectives of, the Proposed Rules. This Order adopts 
modified rules for the operation of the Ancillary Terrestrial Component 
(ATC) of the single Mobile-Satellite Service (MSS) system operating in 
the 2483.5-2500 MHz frequency band. The changes will allow Globalstar, 
Inc. (Globalstar) to apply for a modification of an existing Commission 
license to add authority to operate a low-power network. Under the 
rules adopted in this Order, Globalstar would be able to provide low-
power ATC under certain technical restrictions. This Order makes 
necessary changes to and relieves Globalstar from certain requirements 
in Part 25 of the Commission's rules to provide for the operation of a 
low-power network in the 2483.5-2495 MHz band. The rules adopted 
include technical rules to limit unwanted emissions that could cause 
interference to other services operating above or below the 2483.5-2495 
MHz band. In addition, the Order also specifies rules that will apply 
to the certification of equipment to operate with Globalstar's proposed 
low power network.
    Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA. No party filing comments in this proceeding responded to 
the IRFA, and no party filing comments in this proceeding otherwise 
argued that the policies and rules proposed in this proceeding would 
have a significant economic impact on a substantial number of small 
entities. The Commission has, nonetheless, considered the potential 
impact of the rules proposed in the IRFA on small entities. On balance, 
the Commission believes that the economic impact on small entities will 
be positive rather than negative.
    Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration. Pursuant to the Small Business Jobs Act of 
2010, which amended the RFA, the Commission is required to respond to 
any comments filed by the Chief Counsel for Advocacy of the Small 
Business Administration (SBA), and to provide a detailed statement of 
any change made to the proposed rules as a result of those comments. 
The Chief Counsel did not file any comments in response to the proposed 
rules in this proceeding.
    Description and Estimate of the Number of Small Entities to Which 
the Rules May Apply. The RFA directs agencies to provide a description 
of, and, where feasible, an estimate of, the number of small entities 
that may be affected by the rules adopted herein. The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A small business concern is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA). Below, we describe and estimate 
the number of small entity licensees that may be affected by the 
adopted rules.
    Satellite Telecommunications and All Other Telecommunications. The 
rules adopted in this Order will affect some providers of satellite 
telecommunications services, if adopted. Satellite telecommunications 
service providers include satellite and earth station operators. Since 
2007, the SBA has recognized two census categories for satellite 
telecommunications firms: ``Satellite Telecommunications'' and ``Other 
Telecommunications.'' Under the ``Satellite Telecommunications'' 
category, a business is considered small if it had $15 million or less 
in average annual receipts. Under the ``Other Telecommunications'' 
category, a business is considered small if it had $25 million or less 
in average annual receipts.
    The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' For this category, Census 
Bureau data for 2007 show that there were a total of 512 satellite 
communications firms that operated for the entire year. Of this total, 
464 firms had annual receipts of under $10 million, and 18 firms had 
receipts of $10 million to $24,999,999.
    The second category of Other Telecommunications is comprised of 
entities ``primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.'' For this category, 
Census Bureau data for 2007 show that there were a total of 2,383 firms 
that operated for the entire year. Of this total, 2,346 firms had 
annual receipts of under $25 million.
    Our rule changes will only impact one Satellite Telecommunications 
Service Provider, Globalstar, Inc. (Globalstar). Globalstar reported 
$76.3 million in revenue in 2012. Regarding the use of the frequency 
bands that are the subject of this rulemaking, the applicable 
definition of small entity is the definition under the Small Business 
Administration (SBA) rules applicable to Satellite Telecommunications. 
Because the rule amendments affect only Globalstar, which cannot be 
described as a small entity, and no other satellite telecommunications 
service providers, we find that no substantial number of small entities 
is potentially affected by our actions.
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The rules will pertain to manufacturers of 
communications devices. The appropriate small business size standard is 
that which the SBA has established for radio and television 
broadcasting and wireless communications equipment manufacturing. The 
Census Bureau defines this category as follows:

[[Page 8818]]

``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for firms in this category, which is: All such firms having 
750 or fewer employees. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. Of this total, 784 had fewer than 500 
employees and 155 had more than 100 employees. Thus, under this size 
standard, the majority of firms can be considered small.
    We anticipate that the rules will apply to new equipment that will 
be manufactured.
    Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities. The rule changes adopted in 
this Order will affect the reporting, recordkeeping, and other 
compliance requirements for small business equipment manufacturers who 
would provide the equipment to be used as part of the contemplated new 
system. All devices that will operate in the low-power terrestrial 
network will be subject to the certification procedures contained in 
Subpart J of Part 2 of the Commission's rules, including certifying 
compliance with the relevant rule parts. Parties responsible for 
equipment compliance will be required to demonstrate that an authorized 
access point device can only operate in the 2483.5-2495 MHz band when 
it is operating under the control of a Globalstar Network Operating 
Center and that a client device can only operate in the 2483.5-2495 MHz 
band when it is operating under the control of an authorized access 
point.
    Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. The RFA requires an 
agency to describe any significant alternatives that it has considered 
in developing its approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rules for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    The Commission is aware that some of the revisions may impact small 
entities. The NPRM sought comment from all interested parties, and 
small entities were encouraged to bring to the Commission's attention 
any specific concerns they may have with the proposals outlined in the 
NPRM. No commenters raised any specific concerns about the impact of 
the revisions on small entities.
    This Order specifies the equipment certification approach for 
equipment that will be able to operate with the proposed low-power 
terrestrial network. We conclude that parties responsible for equipment 
compliance must demonstrate that an authorized access point device can 
only operate in the 2483.5-2495 MHz band when it is operating under the 
control of a Globalstar Network Operating System and that a client 
device can only operate in the 2483.5-2495 MHz band when it is 
operating under the control of an authorized access point. While this 
may have an impact on small entities seeking to certify equipment to 
operate with the Globalstar low-power terrestrial network, we believe 
this demonstration will have less of an impact on small entities than 
an alternative proposal in the NPRM that the responsible parties 
provide evidence of Globalstar's consent at the time of application.
    Report to Congress. The Commission will send a copy of this Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of this Order, including this FRFA, to the Chief Counsel for Advocacy 
of the SBA. A copy of this Order and FRFA (or summaries thereof) will 
also be published in the Federal Register.
    Legal Basis. The action is authorized under sections 4(i), 7(a), 
302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 
302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r).

Ordering Clauses

    Accordingly, it is ordered that, pursuant to sections 4(i), 7(a), 
302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 
302(a), 303(c), 303(e), 303(f), 303(g), 303(j), and 303(r), that this 
Report and Order in IB Docket No. 13-213 is hereby adopted.
    It is further ordered that the amendments of Part 25 of the 
Commission's rules set forth in Appendix A shall become effective March 
2, 2017, except that those rules and requirements which contain new or 
modified information collection requirements that require approval by 
the Office of Management and Budget under the Paperwork Reduction Act 
shall become effective after the Commission publishes a notice in the 
Federal Register announcing such approval and the relevant effective 
date.
    It is further ordered that the International Bureau will issue a 
Public Notice announcing the effective date for all of the changes 
adopted in this Report and Order.

List of Subjects in 47 CFR Part 25

    Ancillary terrestrial component, Communications equipment, Radio, 
Satellites.

Federal Communications Commission.
Katura Howard,
Federal Register Liaison. Office of the Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

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

    Authority: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.


0
2. Section 25.149 is amended by revising paragraph (a)(1), the note to 
paragraph (a)(1), paragraph (c)(3); adding paragraph (c)(4); revising 
paragraph (e); redesignating paragraph (g) as paragraph (h); and adding 
new paragraph (g) to read as follows:


Sec.  25.149  Application requirements for ancillary terrestrial 
components in the Mobile-Satellite Service networks operating in the 
1.5/1.6 GHz and 1.6/2.4 GHz Mobile-Satellite Service.

    (a) * * *
    (1) ATC shall be deployed in the forward-band mode of operation 
whereby the ATC mobile terminals transmit in the MSS uplink bands and 
the ATC base stations transmit in the MSS downlink bands in portions of 
the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band) and the 1610-1626.5 
MHz/2483.5-2500 MHz bands.

    Note to paragraph (a)(1): An L-band MSS licensee is permitted to 
apply for ATC authorization based on a non-forward-band mode of 
operation provided it is able to demonstrate that the use of a non-
forward-

[[Page 8819]]

band mode of operation would produce no greater potential 
interference than that produced as a result of implementing the 
rules of this section. A 1.6/2.4 GHz band licensee is permitted to 
apply for ATC authorization on a non-forward-band mode of operation 
where the equipment deployed will meet the requirements of paragraph 
(c)(4) of this section.

* * * * *
    (c) * * *
    (3) Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec.  1.1307(b), 
2.1091, and 2.1093 of this chapter, as appropriate. ATC base stations 
must comply with the requirements specified in Sec.  1.1307(b) of this 
chapter for PCS base stations. ATC mobile stations must comply with the 
requirements specified for mobile and portable PCS transmitting devices 
in Sec.  1.1307(b) of this chapter. ATC mobile terminals must also 
comply with the requirements in Sec. Sec.  2.1091 and 2.1093 of this 
chapter for Satellite Communications Services devices. Applications for 
equipment authorization of ATC mobile or portable devices operating 
under this section must contain a statement confirming compliance with 
these requirements for both fundamental emissions and unwanted 
emissions. Technical information showing the basis for this statement 
must be submitted to the Commission upon request.
    (4) Applications for equipment authorization of terrestrial low-
power system equipment that will operate in the 2483.5-2495 MHz band 
shall demonstrate the following:
    (i) The transmitted signal is digitally modulated;
    (ii) The 6 dB bandwidth is at least 500 kHz;
    (iii) The maximum transmit power is no more than 1 W with a peak 
EIRP of no more than 6 dBW;
    (iv) The maximum power spectral density conducted to the antenna is 
not greater than 8 dBm in any 3 kHz band during any time interval of 
continuous transmission;
    (v) Emissions below 2483.5 MHz are attenuated below the transmitter 
power (P) measured in watts by a factor of at least 40 + 10 log (P) dB 
at the channel edge at 2483.5 MHz, 43 + 10 log (P) dB at 5 MHz from the 
channel edge, and 55 + 10 log (P) dB at X MHz from the channel edge 
where X is the greater of 6 MHz or the actual emission bandwidth.
    (vi) Emissions above 2495 MHz are attenuated below the transmitter 
power (P) measured in watts by a factor of at least 43 + 10 log (P) dB 
on all frequencies between the channel edge at 2495 MHz and X MHz from 
this channel edge and 55 + 10 log (P) dB on all frequencies more than X 
MHz from this channel edge, where X is the greater of 6 MHz or the 
actual emission bandwidth;
    (vii) Compliance with these rules is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 MHz 
or greater. However, in the 1 MHz bands immediately above and adjacent 
to the 2495 MHz a resolution bandwidth of at least 1 percent of the 
emission bandwidth of the fundamental emission of the transmitter may 
be employed. If 1 percent of the emission bandwidth of the fundamental 
emission is less than 1 MHz, the power measured must be integrated over 
the required measurement bandwidth of 1 MHz. A resolution bandwidth 
narrower than 1 MHz is permitted to improve measurement accuracy, 
provided the measured power is integrated over the full required 
measurement bandwidth (i.e., 1 MHz). The emission bandwidth of the 
fundamental emission of a transmitter is defined as the width of the 
signal between two points, one below the carrier center frequency and 
one above the carrier center frequency, outside of which all emissions 
are attenuated at least 26 dB below the transmitter power. When an 
emission outside of the authorized bandwidth causes harmful 
interference, the Commission may, at its discretion, require greater 
attenuation than specified in this section; and

    Note to paragraph (c)(4): Systems meeting the requirements set 
forth in this section are deemed to have also met the requirements 
of Sec.  25.254(a) through (d). No further demonstration is needed 
for these systems with respect to Sec.  25.254(a)-(d).

* * * * *
    (e) Except as provided for in paragraphs (f) and (g) of this 
section, no application for an ancillary terrestrial component shall be 
granted until the applicant has demonstrated actual compliance with the 
provisions of paragraph (b) of this section. Upon receipt of ATC 
authority, all ATC licensees shall ensure continued compliance with 
this section and Sec. Sec.  25.253 or 25.254, as appropriate.
* * * * *
    (g) Special provisions for terrestrial low-power systems in the 
2483.5-2495 MHz band. (1) An operational MSS system that applies for 
authority to deploy ATC in the 2483.5-2495 MHz band for terrestrial 
low-power operations satisfying the equipment certification 
requirements of paragraph (c)(4) of this section is not required to 
demonstrate compliance with paragraph (b) of this section, except to 
demonstrate the commercial availability of MSS, without regard to 
coverage requirements.
    (2) An ATC licensee seeking to modify its license to add authority 
to operate a terrestrial low-power network shall certify in its 
modification application that its operations will utilize a Network 
Operating System (NOS), consisting of a network management system 
located at an operations center or centers. The NOS shall have the 
technical capability to address and resolve interference issues related 
to the licensee's network operations by reducing operational power; 
adjusting operational frequencies; shutting off operations; or any 
other appropriate means. The NOS shall also have the ability to resolve 
interference from the terrestrial low-power network to the licensee's 
MSS operations and to authorize access points to the network, which in 
turn may authorize access to the network by end-user devices. The NOS 
operations center shall have a point of contact in the United States 
available 24 hours a day, seven days a week, with a phone number and 
address made publicly-available by the licensee.
    (3) All access points operating in the 2483.5-2495 MHz band shall 
only operate when authorized by the ATC licensee's NOS, and all client 
devices operating in the 2483.5-2495 MHz band shall only operate when 
under the control of such access points.
* * * * *

0
3. Section 25.254 is amended by adding paragraph (e) to read as 
follows:


Sec.  25.254  Special requirements for ancillary terrestrial components 
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.

* * * * *
    (e) Licensees of terrestrial low-power systems operating in the 
2483.5-2495 MHz band shall operate consistent with the technical limits 
and other requirements specified in Sec.  25.149(c)(4) and (g)(2)-(3).

[FR Doc. 2017-02027 Filed 1-30-17; 8:45 am]
BILLING CODE 6712-01-P