Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, 37-65 [2017-27437]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Rules and Regulations]
[Pages 37-65]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27437]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 25, 30, and 101

[GN Docket No. 14-177, IB Docket Nos. 15-256 and 97-95, WT Docket No. 
10-112; FCC 17-152]


Use of Spectrum Bands Above 24 GHz for Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) adopts rules for specific millimeter wave bands 
above 24 GHz. A Proposed Rule document for the Second Further Notice of 
Proposed Rulemaking (Second FNPRM) related to this Second Report and 
Order is published in this issue of the Federal Register.

DATES: Effective February 1, 2018, except for Sec.  25.136, which 
contain information collection requirements that are not effective 
until approved by the Office of Management and Budget. The Commission 
will publish a document in the Federal Register announcing the 
effective date for the section. Changes to the secondary market 
threshold for millimeter wave spectrum, detailed in SUPPLEMENTARY 
INFORMATION, apply as of January 2, 2018.

FOR FURTHER INFORMATION CONTACT: John Schauble of the Wireless 
Telecommunications Bureau, Broadband Division, at (202) 418-0797 or 
[email protected], Michael Ha of the Office of Engineering and 
Technology, Policy and Rules Division, at 202-418-2099 or 
[email protected], or Jose Albuquerque of the International Bureau, 
Satellite Division, at 202-418-2288 or Jose.A[email protected]. For 
information regarding the PRA information collection requirements 
contained in this PRA, contact Cathy Williams, Office of Managing 
Director, at (202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order (Second R&O), Order on Reconsideration, and Memorandum 
Opinion and Order, GN Docket No. 14-177, FCC 17-152, adopted on 
November 16, 2017 and released on November 22, 2017. The complete text 
of this document is available for public inspection and copying from 8 
a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8 
a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information 
Center, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The 
complete text is available on the Commission's website at https://wireless.fcc.gov, or by using the search function on the ECFS web page 
at https://www.fcc.gov/cgb/ecfs/. Alternative formats are available to 
persons with disabilities by sending an email to [email protected] or by 
calling the Consumer & Governmental Affairs

[[Page 38]]

Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

Supplemental 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) released in 
October 2015 in this proceeding. A Final Regulatory Flexibility 
Analysis (FRFA) was incorporated in the Report and Order and Further 
Notice of Proposed Rulemaking (R&O/FNPRM) released in July 2016 in this 
proceeding. The Commission sought written public comment on the 
proposals in NPRM, including comments on the IRFA. No comments were 
filed addressing the IRFA. This present Supplemental Final Regulatory 
Flexibility Analysis (Supplemental FRFA) supplements the FRFA in the 
R&O/FNPRM and conforms to the RFA.

Congressional Review Act

    The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act (CRA), see 5 U.S.C. 
801(a)(1)(A).

Synopsis

I. Second Report and Order

    1. The Commission will take further actions in this proceeding to 
make available millimeter wave (mmW) spectrum, at or above 24 GHz, for 
fifth-generation (5G) wireless, Internet of Things (IoT), and other 
advanced spectrum-based services. In doing so, the Commission helps 
ensure continued American leadership in wireless broadband, which 
represents a critical component of economic growth, job creation, 
public safety, and global competitiveness.
    2. In particular, the Commission makes available an additional 1700 
megahertz of mmW spectrum for flexible wireless use, in the 24.25-24.45 
and 24.75-25.25 GHz band (24 GHz band) and the 47.2-48.2 GHz band. When 
added to the mmW spectrum already made available for flexible wireless 
use in the 27.5-28.35 GHz (28 GHz), 37-38.6 GHz (37 GHz), 38.6-40 GHz 
(39 GHz band), and 64-71 GHz bands, the Commission has now made 
available approximately 13 gigahertz of mmW spectrum in this 
proceeding, and it will continue to evaluate additional mmW bands in 
this proceeding and in a separate proceeding on bands above 95 GHz.
    3. At the same time, the Commission adopts rules that will allow 
the mmW bands to be shared with a variety of other uses, including 
satellite, fixed, and Federal government uses. Specifically, the 
Commission targets the 40-42 GHz and 48.2-50.2 GHz bands for expansion 
of Fixed Satellite Service (FSS), and it adjusts previously adopted 
earth station requirements in the 28 GHz and 39 GHz bands to permit 
greater satellite flexibility, particularly in rural areas. The 
Commission also preserves the 70 and 80 GHz bands for traditional and 
innovative fixed wireless uses, which it will continue to explore in a 
separate proceeding. In addition, the Commission allows for expanded 
unlicensed use of the 57-71 GHz band on-board aircraft.
    4. In addition, the Commission reconsiders several mmW band service 
rules previously adopted in this proceeding to ensure that it maximize 
flexibility and encourage innovation in the mmW bands. For example, the 
Commission proposes to eliminate the ex ante auction limit on spectrum 
holdings in the 28, 37, and 39 GHz bands, consistent with its decision 
not to adopt an ex ante auction limit for the 24 GHz and 47.2-48.2 GHz 
bands. Further, the Commission concludes that it would serve the public 
interest to rescind the previously adopted cybersecurity reporting 
requirements, and instead to seek input through the Communications 
Security, Reliability, and Interoperability Council (CSRIC) process.
    5. The Commission also affirms a number of the decisions previously 
made in this proceeding to provide certainty so that licensees can 
continue to invest in networks that provide high speed and low latency 
services available to consumers and businesses. The Commission notes 
that major carriers and smaller operators are beginning to develop the 
mmW frequencies' potential for low-cost wireless equivalents of fiber 
to homes and small businesses.
    6. The Commission believes that it is important to move forward as 
quickly as possible to auction the non-Federal, exclusive use mmW 
spectrum made available by this proceeding, to bring the benefits of 
new broadband services to American consumers. The Commission notes that 
the Communications Act requires upfront auction payments to be 
deposited in an interest-bearing account, but no financial institution 
is willing to accommodate the holding of upfront payments for a large 
spectrum auction currently. Accordingly, the Commission is unable to 
hold a large spectrum auction until this is resolved, and it cannot 
commit to a timeframe for a future auction of the mmW frequencies at 
this time.
    7. The Commission's efforts in this proceeding to make mmW spectrum 
for wireless broadband available are part of the its broader initiative 
to make available additional spectrum for wireless broadband across a 
range of frequencies. For example, 65 megahertz of AWS-3 spectrum was 
won at auction in 2015, while 70 megahertz of 600 MHz spectrum was won 
in the recently concluded broadcast television incentive auction. 
Earlier this year, the Commission sought input on potential 
opportunities in spectrum bands between 3.7 GHz and 24 GHz. The 
Commission will continue these efforts to facilitate access to low-
band, mid-band, and high-band spectrum for the benefit of American 
consumers.

II. Background

    8. Recent technological advances have unlocked the potential of mmW 
frequencies to support fixed and mobile wireless services that need 
flexible access to spectrum. While mmW bands feature short transmission 
paths and high propagation losses, those features can be useful in 
developing high-capacity networks because cells can be placed close to 
each other without causing interference to each other. In addition, 
where longer paths are desired, the extremely short wavelengths of mmW 
signals make it feasible for very small antennas to concentrate signals 
into highly focused beams with enough gain to overcome propagation 
losses. The short wavelengths of mmW signals also make it possible to 
build multi-element, dynamic beam-forming antennas that will be small 
enough to fit into handsets--a feat that might not be possible at the 
lower, longer, wavelength frequencies below 6 GHz where cell phones 
operate.
    9. On July 14, 2016, the Commission adopted and released the Report 
and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) in 
this proceeding. See 81 FR 58270. The R&O made mmW spectrum available 
through both licensed and unlicensed mechanisms. The Commission created 
a new Upper Microwave Flexible Use Service (UMFUS), which authorized 
both fixed and mobile operations in the 28 GHz and 39 GHz bands using 
geographic area licensing. In the 28 GHz band, the Commission adopted 
county-sized geographic area licenses. In the 39 GHz band, it adopted 
Partial Economic Area (PEA) licenses. The Commission also adopted 
geographic area licensing using PEAs for the 37.6-38.6 GHz band.

[[Page 39]]

In the 37-37.6 GHz band, it established coordinated co-primary shared 
access between Federal and non-Federal users. The Commission also 
protected a limited number of Federal military sites across the full 37 
GHz band and maintained the existing Federal fixed and mobile 
allocations throughout the band. In the 64-71 GHz band, the Commission 
authorized unlicensed operations under part 15 based on the rules for 
the adjacent 57-64 GHz band. This action provided more spectrum for 
unlicensed uses such as Wi-Fi-like ``WiGig'' operations and short-range 
devices for interactive motion sensing.
    10. In the R&O, the Commission also established licensing and 
operating rules for the UMFUS. It granted mobile operating rights to 
existing Local Multipoint Distribution Service (LMDS) and 39 GHz band 
licensees, while subdividing their existing licenses to either the 
county or PEA level. The Commission revised the 39 GHz band plan to 
provide licensees with wider blocks of contiguous spectrum, and 
established a mechanism for existing licensees to transition to the new 
band plan. It adopted service and technical rules designed to 
facilitate full and complete use of the bands, including an operability 
requirement for equipment. It adopted spectrum holdings policies for 
the 28 GHz, 37 GHz, and 39 GHz bands that apply to licenses acquired 
through auctions and the secondary market. The Commission also adopted 
performance requirements for mobile, point-to-multipoint, and fixed 
uses. The Commission adopted a requirement that UMFUS licensees submit 
a statement describing their security plans and related information 
prior to commencing operations. Finally, it deleted the broadcasting 
and broadcasting-satellite service allocations from the 42-42.5 GHz 
band (42 GHz band) and declined to allocate the band to the FSS (space-
to-Earth).
    11. The FNPRM sought comment on authorizing fixed and mobile use of 
the following bands: 24.25-24.45 GHz together with 24.75-25.25 GHz (24 
GHz band), 31.8-33 GHz (32 GHz band), 42-42.5 GHz (42 GHz band), the 
47.2-50.2 GHz (47 GHz band), 50.4-52.6 GHz (50 GHz band), and the 71-76 
GHz band together with the 81-86 GHz bands (70/80 GHz bands). The 
Commission also sought comment on use of bands above 95 GHz. The 
Commission notes that it is seeking further comment on bands above 95 
GHz in a separate Further Notice. It sought comment on the details of 
the sharing framework adopted for the 37-37.6 GHz band, both among non-
Federal operators and with the Federal government. It also sought 
comment on circumstances under which Federal government users could 
gain coordinated access to spectrum in the 37.6-38.6 GHz band (in 
addition to the protected sites) in the future.
    12. The FNPRM also sought comment on possible changes to the 
licensing and technical rules. The Commission sought comment on 
establishing performance requirements for innovative uses associated 
with the IoT such as machine-to-machine communications, healthcare 
devices, autonomous driving cars, and home and office automation. It 
also sought comment on adding a use-or-share obligation to its 
performance requirements. It asked questions about supplementing the 
spectrum holdings policies adopted in the R&O, and on applying spectrum 
holdings policies as new ``frontier'' spectrum bands become available. 
The Commission also sought comment on whether it would be possible for 
satellites in the 37.5-40 GHz band to radiate a higher power flux 
density (PFD) without harming terrestrial operations and to allow user 
terminals to receive transmissions in the band. The FNPRM also included 
questions about the feasibility and desirability of a digital station 
identification requirement for UMFUS licensees. Comment was also sought 
on various refinements to the UMFUS technical rules, including (1) 
whether antenna height limits are necessary, (2) how to apply power 
limits to bandwidths less than 100 megahertz, (3) whether to modify the 
coordination criteria for fixed point-to-point operations at market 
borders, and (4) the state of development of mmW band propagation 
models. Finally, the Commission asked whether it was possible to allow 
part 15 operation on-board aircraft in the 57-71 GHz band.
    13. Petitions for reconsideration of the R&O were due on December 
14, 2016. The Commission received thirteen petitions for 
reconsideration.
    14. Comments on the FNPRM were due September 30, 2016, and reply 
comments were due October 31, 2016. The Commission received 57 comments 
and 38 reply comments. The Commission received many comments expressing 
concerns about radiofrequency (RF) electromagnetic field exposure and 
health in GN Docket No. 14-177. The Commission declines to consider the 
merits of these comments here for three reasons. First, the Commission 
already decided in the Report and Order that consideration of 
alternative exposure limits is beyond the scope of this proceeding, and 
no party sought reconsideration of that determination. See 81 FR 79894. 
Second, the comments do not otherwise address the other technical 
issues that are properly the subject of this decision (e.g., those 
raised in the FNPRM). Third, the Commission has an ongoing review of 
the Commission basic exposure limits and RF and health issues in ET 
Docket No. 13-84. See Reassessment of Federal Communications Commission 
Radiofrequency Exposure Limits and Policies, Notice of Inquiry, ET 
Docket No. 13-84, 28 FCC Rcd 3498, 3570 (2013). The Commission has 
therefore added those comments to ET Docket No. 13-84, and those 
comments will be considered part of the record in that proceeding.

A. Additional Bands

    15. The Commission will not act on the 32 GHz, 42 GHz, or 50 GHz 
bands at this time. The Commission also will not act on petitions for 
reconsideration or issues raised in the FNPRM relating specifically to 
the 37-38.6 GHz band (37 GHz band) or the operability requirement 
adopted by the Commission. The record on these bands and issues remains 
open, and the Commission will act on those bands and issues in a future 
phase of this proceeding.
1. 24 GHz Bands (24.25-24.45 GHz and 24.75-25.25 GHz)
    16. In view of the extensive support in the record, and the 
Commission's analysis, the Commission finds 24 GHz suitable for mobile 
and flexible use, and therefore add the proposed mobile and fixed 
allocations. As explained in further detail below, the Commission finds 
that issuing flexible use licenses that authorize both fixed and mobile 
use will address its prior concerns about compatibility between fixed 
and mobile use. The Commission also concludes, as discussed below, that 
mobile and Broadcasting Satellite Service (BSS) feeder links can 
coexist. The Commission also notes that these frequencies are part of 
the bands being studied internationally for mobile use. After these 
changes, 24.25-24.45 GHz will be allocated for non-Federal Fixed and 
Mobile services on a co-primary basis, and 24.75-25.25 GHz will be 
allocated for non-Federal Fixed, Mobile, and FSS on a co-primary basis, 
subject to the existing footnote. CORF and Echodyne do not generally 
oppose mobile use in the specific frequencies the Commission acts on. 
Nevertheless, acknowledging specific CORF concerns, the Commission 
notes that ongoing international studies include analyses to determine 
IMT-2020 out-of-band (OOB) emission limits necessary to protect passive 
sensors onboard weather satellites in the 23.6-24.0 GHz band.

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The Commission recognizes the need to protect these passive satellite 
operations that provide important data necessary for weather 
predictions and warnings. Once the international studies have been 
completed, interested parties may propose revisions to the Commission's 
rules as necessary for protection of weather satellites operating in 
the 23.6-24.0 GHz band. The Commission also rejects CCA's suggestion 
that it holds back new bands until further mmW development has 
occurred. The Commission's priority is making spectrum available 
quickly so that it can be utilized by potential users, technology 
developers, and innovators. Given the present demand for both mobile 
and mmW spectrum, the Commission sees no reason to artificially delay 
this process.
a. Licensing the 24 GHz Band--Use of Geographic Area Licensing
    17. The Commission adopts the proposal in the FNPRM to implement 
geographic area licensing throughout the 24 GHz band, by adding both 
the upper and lower segments to UMFUS. Geographic area licensing will 
provide licensees with the flexibility to provide a variety of 
services, will expedite deployment, and will be consistent with the 
existing licensing scheme in previously-adopted mmW bands. In addition, 
adding the 24 GHz band to UMFUS will speed development and deployment 
by harmonizing the Commission's requirements with the nearby 28 GHz 
band. As part of UMFUS, the 24 GHz band will be subject to the rules 
established for UMFUS both here and in the R&O regarding construction 
requirements, geographic partitioning and spectrum disaggregation, 
discontinuance of service, and license term.
    18. The Commission will adopt PEAs as the license area size for 
UMFUS licenses in the 24 GHz band. The Commission's goal is to 
harmonize the regulatory environment of the various mmW bands as much 
as possible, in order to encourage and streamline development of 
equipment and deployment of services in these bands. Using PEAs as the 
license area is consistent with the Commission's existing rules for the 
39 GHz band. In contrast, in the 28 GHz band, there were special 
circumstances involving incumbent licenses that supported the use of 
counties. In addition, PEAs provide a balance between the larger areas 
that might encourage more investment, and the smaller areas that more 
efficiently accommodate mmW propagation characteristics. To the extent 
licensees are interested in smaller areas, partitioning is an available 
option.
    19. The Commission declines to adopt a part 96-style or SAS-based 
framework for the band. Unlike the 3.5 GHz band, with its complex 
incumbent coordination considerations, this band does not require the 
functionality of a SAS to enable or enhance meaningful spectrum use. 
There is also a benefit to harmonizing the regulatory environment of 
nearby bands as much as possible. Adopting the same licensing scheme in 
24 GHz as the Commission previously implemented in 28 GHz would 
facilitate deployment by making it easier to incorporate spectrum from 
both bands into the same network. In short, implementing a SAS-based 
system in the 24 GHz band presents clear challenges and is of 
questionable benefit, and the Commission therefore declines to do so.
    20. Similarly, the Commission declines to adopt the proposals of 
Microsoft to authorize unlicensed use in 24 GHz. The 24 GHz band is 
near other licensed bands, and the band is being studied 
internationally for mobile use. Changing to unlicensed use could delay 
development and deployment significantly. In addition, the Commission 
has already made a further seven gigahertz of spectrum available for 
use by unlicensed devices in the 64-71 GHz band, and it is not 
convinced that additional unlicensed spectrum is needed in the mmW 
bands at this time.
b. Band Plan
    21. The Commission will license the 24 GHz band as 100 megahertz 
channels. The lower segment (24.25-24.45 GHz) will be licensed as two 
100 megahertz channels, and the upper segment (24.75-25.25) will be 
licensed as five 100 megahertz channels. The Commission notes in 
response to Cambridge Broadband that this arrangement will not 
foreclose FDD use of this band.
    22. This band plan allows for standardized channels across the 
band, at a size consistent with developing industry standards. This 
arrangement will maximize efficiency of spectrum use, especially in the 
upper segment. It also offers an alternative to the 200 megahertz and 
425 megahertz channel widths offered elsewhere in the UMFUS bands. This 
variety of channel sizes will help to facilitate a variety of uses in 
the UMFUS bands, consistent with the Commission's intent to support 
various innovative services. The Commission notes that the 100-
megahertz channel size will still allow licensees to aggregate to 
larger channels if they prefer 200 megahertz blocks.
c. Satellite Sharing in the Upper Segment of the 24 GHz Band
    23. The Commission declines to make any changes to the current 
rules for earth station siting at this time. The record on these points 
is not sufficiently developed or cohesive to indicate the best 
approach. Instead, the Commission seeks further comment on this issue 
in the FNPRM, published elsewhere in this issue of the Federal 
Register, in connection with a proposal to allow wider FSS use of the 
band for earth stations.
    24. In the interim, satellite operators may continue to apply for 
and deploy any earth station facilities consistent with the 
Commission's current rules. This means that new BSS feeder link earth 
stations may be authorized across the entire upper segment (24.75-25.25 
GHz), while non-BSS FSS earth stations may be authorized in the 24.75-
25.05 GHz portion. All earth stations either authorized or for which 
applications have been filed as of the release date of this Second R&O 
will be grandfathered into the eventual sharing regime on a co-primary 
basis. Earth stations whose applications are filed after release of 
this Order may be processed subject to compliance with any rules the 
Commission adopts as a result of the proposals in the Second FNPRM. It 
is the Commission's intention to finalize sharing rules prior to any 
auction of terrestrial licenses in this band.
d. Mobile Rights for Incumbents
    25. The Commission will convert existing licenses in the 24 GHz 
band to UMFUS. This is consistent with the Commission's treatment of 
incumbents in the 28 GHz and 39 GHz bands, and will allow already-
licensed spectrum to be developed for mobile or flexible use as soon as 
possible.
    26. Converting existing licenses to UMFUS will also subject 
incumbent licensees to the performance requirements applicable to part 
30. Consistent with the treatment of 28 GHz and 39 GHz licensees, the 
Commission will apply the part 30 buildout requirements at the next 
license renewal, but allow incumbents with renewals in the near future 
additional time to meet those standards. Specifically, licensees whose 
license terms end between the date of publication of this order in the 
Federal Register, and June 1, 2024, will have until that later date to 
demonstrate fulfillment of the part 30 buildout requirements. This 
approach will allow current licensees to focus on growing and 
transitioning their networks in line with new and developing industry

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standards, which will support earlier and more robust deployment of 
next-generation services in these bands.
2. 47.2-48.2 GHz Band
    27. In the FNPRM, the Commission proposed to authorize fixed and 
mobile operations in the entire 47 GHz band under the part 30 UMFUS 
rules. The 47 GHz band potentially offers 3 gigahertz of spectrum and 
is being studied internationally for possible mobile use. As discussed 
below, the Commission is not establishing terrestrial service rules in 
the 48.2-50.2 GHz band, and that band will be discussed below in the 
MO&O.
a. Suitability for Mobile Service
    28. The Commission will establish UMFUS service rules in the 47.2-
48.2 GHz band, as discussed below, and the Commission will issue UMFUS 
licenses in that band with both fixed and mobile rights. The Commission 
will address the 48.2-50.2 GHz band below in the MO&O. The 47.2-48.2 
GHz band has existing fixed and mobile allocations, and there are no 
Federal allocations in this band. The Commission also believes that the 
significant amount of bandwidth available in this band will help to 
accommodate the expected continued increase in demand for mobile data. 
Commenters, including incumbent terrestrial licensees and the Satellite 
Broadband Operators in their joint ex parte, support mobile operations 
in the 47.2-48.2 GHz band. The Commission acknowledges Microsoft's 
concern about sharing between mobile operations and HAPS stations, but 
since there is no HAPS designation for this band in the domestic Table 
of Allocations, the Commission sees no reason to delay issuing UMFUS 
rules for this band. The Commission will continue to monitor ITU 
developments concerning HAPS.
b. Licensing the 47.2-48.2 GHz Band
    29. The Commission will license the 47.2-48.2 GHz band using 
geographic area licensing using PEAs, because it finds that use of this 
license mechanism will facilitate access to spectrum and rapid 
deployment of service in the band. Given that this band does not 
involve sharing among multiple classes of primary users, the Commission 
concludes that it is not necessary to develop the functionality of an 
SAS for this band.'' Given the record, now is the appropriate time to 
move forward with making an additional one gigahertz of spectrum 
available, allowing CCA members and others to accommodate a wide 
variety of innovative use cases for the 47.2-48.2 GHz band. As Samsung 
suggests, licensing the 47.2-48.2 GHz spectrum using geographic area 
licensing with PEAs is consistent with license areas for the 39 GHz 
band and the upper segment in the 37 GHz band. Licensing the 47.2-48.2 
GHz band on a PEA basis strikes an appropriate balance between 
facilitating access to spectrum by both large and small providers and 
simplifying frequency coordination, while incentivizing investment in, 
and rapid deployment of, new technologies. The Commission believes PEAs 
are more appropriate than larger geographic areas because of the 
limited propagation range of this band. Geographic area licensing will 
provide users with flexible, exclusive use licenses.
c. Non-Federal Satellite Terrestrial Sharing--Licensing of Gateway 
Earth Stations
    30. The record demonstrates that individually licensed earth 
stations in the 47.2-48.2 GHz band can share the band with minimal 
impact on terrestrial operations. The Commission notes that there are 
similarities between the 28 GHz band and the 47.2-48.2 GHz band, both 
of which will be used for Earth-to-space transmissions. Therefore, the 
Commission finds that it is in the public interest to add the 47.2-48.2 
GHz band to Sec.  25.136(d) of the Commission's rules, which allows for 
sharing between terrestrial operations and FSS earth stations in uplink 
bands. Under that rule a limited number (three in each county, up to a 
maximum of 15 in each PEA) of FSS earth stations will be permitted to 
deploy under similar conditions as in the 28 GHz band without having to 
protect UMFUS stations. The Commission is also adopting a U.S. Table of 
Allocations footnote specifying the relative interference protection 
obligations of FSS and UMFUS stations in this band.
    31. The Commission declines to provide any mechanism for satellite 
user equipment in this band. Boeing has not provided any engineering 
studies to support its claim that it needs access to the full 47 GHz 
band for user equipment. In contrast, most other satellite operators 
believe that use of 47.2-48.2 GHz by individually licensed earth 
stations would be sufficient. As noted below, the Commission is not 
adopting UMFUS rules for 48.2-50.2 GHz, so satellite user devices will 
have 2 by 2 gigahertz of spectrum available for satellite end user 
devices.
    32. In addition, the Commission recognizes that concerns regarding 
aggregate interference to satellite receivers from UMFUS operations in 
the 28 GHz band also could apply in the context of the 47 GHz band, 
which similarly is an uplink band for satellites. Consistent with the 
long-term designation of the 47 GHz band for terrestrial use, the 
Commission intends that this band will remain predominantly a 
terrestrial band. UMFUS licensees will be permitted to operate in 
conformance with the technical rules contained in 47 CFR part 30, and 
FSS licensees should expect to have to coexist with these operations. 
Unlike the 28 GHz band, where there are currently operational 
satellites, satellites receiving in the 47 GHz band are either 
currently being designed or still to be designed. As in the context of 
the 28 GHz band, the Commission encourages both industries to continue 
working cooperatively on coexistence in this band. Parties should 
submit any relevant data demonstrating changes in the amount of 
aggregate interference as UMFUS services are deployed in the docket the 
International Bureau, the Office of Engineering and Technology, and the 
Wireless Telecommunications Bureau have jointly established regarding 
aggregate interference in the 28 GHz band.
d. Band Plan
    33. The Commission will license the 47.2-48.2 GHz band as five 200 
megahertz blocks. The Commission believes that 200 megahertz channels 
will be sufficient for a licensee to provide the type of high rate data 
services and other innovative uses and applications contemplated for 
this spectrum. Several carriers support dividing the band into multiple 
blocks. Since the Commission is making one gigahertz available at this 
time, establishing five 200 megahertz channels represents a reasonable 
balance of channel size and number of channels. To the extent that 
licensees are interested in having a contiguous block of one gigahertz 
of spectrum, they are free to acquire all five licenses, subject to 
compliance with the Commission's spectrum aggregation policies.

B. Performance Requirements--Additional Metrics

    34. The Commission declines to adopt usage-based metrics at this 
time. The Commission agrees with commenters that it is premature to 
predict the uses of innovative, IoT-type services with sufficient 
specificity to calculate a meaningful usage-based metric. Though IoT-
type services nonetheless are required to meet the UMFUS buildout 
rules, the Commission acknowledges that some IoT-type services may have 
difficulty meeting the population-based metrics that the Commission 
adopted

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for fixed and mobile services. In that regard, in the Second FNPRM, 
published elsewhere in this issue of the Federal Register, the 
Commission proposes a more traditional, geographic area coverage metric 
for fixed and mobile services that is intended to provide a more viable 
option for IoT-type services to demonstrate performance, without the 
complications of predicting usage.
    35. In addition, the Commission recognizes the possibility that, 
rather than facing challenges in meeting the buildout metrics for fixed 
and mobile services, certain IoT-type services may be able to avoid 
meaningful buildout by taking advantage of a potential loophole in the 
buildout rules for mmW services. In order to allow licensees as much 
flexibility as possible to design and construct their networks, these 
rules have not placed any limits on what types of licensees or services 
must use which performance metric. However, in the case of IoT-type 
services, including networks of sensors and ``smart'' devices, a 
licensee using the buildout metric for fixed services could fulfill the 
performance requirements for an entire multi-county license area (in 39 
GHz) with a deployment spanning a single building, by counting each 
connection between the sensors as a fixed point-to-point link. For 
example, suppose a licensee wants to equip an office building with 
environmental sensors to increase the efficiency of its HVAC system. A 
building with ten floors, and one sensor on each corner of each floor, 
would have forty sensors. If each sensor were connected to its four 
neighbors (those in adjacent corners, and in the same corner on 
adjacent floors) over UMFUS spectrum, this sensor network would have 
152 connections (32*4 + 8*3; the sensors on the first and tenth floor 
would have only 3 connections each). Under the performance metric, the 
Commission adopted for fixed point-to-point services, which requires 
one link per 67,000 population, this sensor network would fulfill 
buildout requirements for a license area of up to 10.1 million people. 
According to 2010 Census data, that limit encompasses every county, and 
thus every 28 GHz license area, in the United States. The Commission 
does not believe this result is consistent with its obligation to 
prevent spectrum warehousing.
    36. To address this issue, the Commission modifies its existing 
part 30 rules to adopt a specific definition of ``fixed point-to-point 
link,'' which includes the use of point-to-point stations as already 
defined in part 30 and is based on power level. This definition is 
intended to separate ``traditional'' point-to-point links from the 
sensor and device connections. The Commission anticipates will be part 
of new IoT networks in these bands. This definition would not apply to 
a network of fixed sensors or smart devices operating at low power over 
short distances.
    37. Traditional point-to-point links use relatively high power, 
while the details that currently exist for IoT services indicate that 
most sensor or smart device networks will use very low power and are 
not likely to incorporate highly directional antennas due to size and 
cost constraints. The Commission therefore believes that power level is 
an appropriate metric to distinguish between traditional fixed links 
and IoT deployments. To the extent that any sensor networks do use 
higher power, it is likely that they will be connecting over longer 
distances, and therefore resemble a more traditional fixed network in 
terms of magnitude of deployment and scope of service provided.
    38. Specifically, the Commission defines a ``fixed point-to-point 
link'' as ``a radio transmission between point-to-point stations (as 
already defined in part 30), where the transmit power exceeds +43 
dBm.'' This power limit is the limit the Commission previously adopted 
for mobile handsets transmitting in UMFUS bands. The maximum power 
(average Effective Isotropic Radiated Power (EIRP) allowed for fixed 
point-to-point stations in UMFUS bands under the Commission's current 
rules is +55 dBW, which is equivalent to +85 dBm. Under this 
definition, stations or devices transmitting using lower power levels 
will not count towards the number of fixed links required under that 
performance metric. Licensees whose networks include such low-power 
connections must either rely on another part of their network to 
demonstrate buildout (e.g., mobile area coverage or higher-power fixed 
backhaul links), or offer detailed responses to the Commission's 
proposal in the Second FNPRM, published elsewhere in this issue of the 
Federal Register, to work out a more suitable alternative.
    39. Performance requirements for point-to-point services have 
always been calculated assuming that point to point links consist of 
communications between specified points using highly directional 
antennas and relatively high power; this definition merely makes that 
assumption explicit. This explicit statement is necessary in light of 
new technological developments, in order to prevent unintended 
consequences and gamesmanship of the Commission's rules. The Commission 
reminds commenters that it continues to explore new metrics that will 
accommodate innovative services in UMFUS bands, including a proposal in 
the Second FNPRM.

C. Mobile Spectrum Holdings Policies

    40. The Commission finds that it is unnecessary to set pre-auction 
limits on the amount of spectrum an entity may acquire at auction in 
the bands proposed for flexible terrestrial wireless use in the FNPRM. 
The Commission also concludes that the bands that it makes available 
for flexible terrestrial wireless use in this Second R&O--the 24 GHz 
and 47 GHz bands--should be newly included as part of the total mmW 
spectrum threshold for reviewing proposed secondary market 
transactions. In the Second FNPRM, the Commission proposes to eliminate 
the pre-auction limits on the amount of spectrum in the 28 GHz, 37 GHz 
and 39 GHz bands that an entity may acquire at auction. In addition, 
the Commission seeks comment on whether there is a need to review mmW 
band holdings (24 GHz, 28 GHz, 37 GHz, 39 GHz, and 47 GHz) on a case-
by-case basis when applications for initial licenses are filed post-
auction to ensure that, while providing flexibility to bidders and 
assigning licenses to those who value them the most, the public 
interest benefits of having a threshold on mmW spectrum applicable to 
secondary market transactions are not rendered ineffective. The 
Commission takes an incremental approach in relieving only certain 
restrictions in connection with acquisition of spectrum at auction at 
this time. This accounts for the fact that spectrum in additional bands 
(24 GHz and 47 GHz) will become available as a result of the decisions 
in this Second R&O and for the possibility that spectrum subject to new 
uses on the secondary market is available, or may become available, 
from existing spectrum holders in the mmW bands. The Commission wishes 
to encourage such new uses, if they are in the public interest, as 
quickly as possible, including in advance of the Commission's 
resolution of issues in the Second FNPRM and any future auction making 
more spectrum available in the mmW bands, respectively.
    41. The Commission declines to adopt a pre-auction limit, as 
proposed in the FNPRM and suggested by certain commenters, on the 
amount of 24 GHz and 47 GHz band spectrum that an entity can acquire 
through competitive bidding in an auction. Generally, bright-line, pre-
auction limits may restrict unnecessarily the ability of entities to 
participate in and acquire spectrum in

[[Page 43]]

an auction, and the Commission is not inclined to adopt such limits on 
auction participation absent a clear indication that they are necessary 
to address a specific competitive concern. In the case of the mmW 
bands, the Commission is not persuaded by commenters' generalized 
assertions that a bright-line, pre-auction limit in these bands is 
necessary to protect competition in the provision of wireless services. 
First, the Commission notes that the 24 GHz and 47 GHz bands that it 
makes available in this Second R&O will add 1700 megahertz to the 3250 
megahertz of mmW spectrum made available in the R&O, for a total of 
4950 megahertz of mmW spectrum for flexible terrestrial wireless use. 
Furthermore, the spectrum in these new bands, as well as the 3250 
megahertz of spectrum previously made available, will be licensed in 
multiple blocks of different sizes and geographic areas, providing many 
spectrum opportunities for various types of auction bidders. In 
addition, as indicated in the record, development of the 24 GHz and 47 
GHz bands and the mmW bands overall is still in the early stages, with 
a myriad of potential use cases that may require varying amounts of 
bandwidth for providers to offer consumers innovative services. Under 
these circumstances, the Commission finds that establishing pre-auction 
limits for the 24 GHz and 47 GHz bands would not serve the public 
interest.
    42. Although the Commission declines to adopt a pre-auction limit 
for the 24 GHz and 47 GHz bands, it concludes that it is in the public 
interest to include these two bands as part of the previously-adopted 
mmW spectrum threshold for reviewing proposed secondary market 
transactions. This pre-auction limit may unnecessarily restrict 
competition at auction by automatically precluding a provider from 
acquiring spectrum. This secondary market mmW spectrum threshold, in 
contrast to a pre-auction limit, does not establish a bright line that 
would prohibit a provider from acquiring spectrum. Rather, the mmW 
spectrum threshold for secondary markets review merely identifies those 
markets that may warrant further competitive analysis, similar to the 
Commission's spectrum screen for review of secondary market 
transactions involving other lower frequency spectrum bands. Given that 
the 24 GHz and 47 GHz bands share similar technical characteristics and 
potential uses with the 28 GHz, 37 GHz, and 39 GHz bands already 
included in the mmW spectrum threshold, the Commission will group all 
five bands together for purposes of applying the mmW spectrum threshold 
to review secondary market transactions. Taking into consideration the 
additional 1700 megahertz of mmW spectrum that the Commission is making 
available in the 24 GHz and 47 GHz bands, it adds 600 megahertz, or 
approximately one-third of this additional spectrum, to the 1250 
megahertz mmW spectrum threshold, for a combined threshold of 1850 
megahertz for proposed secondary market transactions. As noted, the 
Commission has adopted previous changes in this area through a variety 
of mechanisms, including rulemaking and orders approving transactions. 
Policies Regarding Mobile Spectrum Holdings Expanding the Econ. & 
Innovation Opportunities of Spectrum Through Incentive Auctions, Report 
and Order, 29 FCC Rcd 6133, 6135, para. 4 (2014); Sprintcom, Inc., 
Shenandoah Personal Communications, LLC & Ntelos Holding Corp., 
Memorandum Opinion and Order, 31 FCC Rcd 3631, 3637-38, para. 15 (WT/IB 
2016); Applications of AT&T Mobility Spectrum LLC, New Cingular 
Wireless Pcs, LLC, Comcast Corp., Horizon Wi-Com, LLC, Nextwave 
Wireless, Inc., & San Diego Gas & Elec. Co. for Consent to Assign & 
Transfer Licenses, Memorandum Opinion and Order, 27 FCC Rcd 16459, 
16470-71, para. 31 (2012). To the extent necessary, we clarify that the 
Commission retains the discretion to do so in the future (including as 
we authorize service in additional mmW bands). For purposes of this 
proceeding, we provide that this specific change will apply as of 
publication in the Federal Register.

D. Part 15 Operation On-Board Aircraft in the 57-71 GHz Band

    43. The Commission is adopting rules to allow unlicensed operation 
on-board most aircraft in the 57-71 GHz band under part 15 of its 
rules. The Commission's decision opens this band for unlicensed use on-
board aircraft and would allow up to six (6) non-overlapping WiGig 
channels of 2160 megahertz each. The Commission finds that allowing 60 
GHz unlicensed transmitters to operate in all flight phases of aircraft 
operation in the 57-71 GHz spectrum, with the limitations described 
herein, will not cause harmful interference to other authorized radio 
services, including Earth Exploration Satellite Service (EESS) and the 
radio astronomy service (RAS), while facilitating expanded access to 
broadband services in flight.
    44. The Commission is modifying its part 15 rules to allow 
unlicensed operation on-board most aircraft during flight in the 57-71 
GHz band. The Commission finds that allowing unlicensed use of this 
spectrum on-board aircraft while airborne, with certain limitations, 
will facilitate air travelers' expanded access to broadband/internet 
services during flight and provide an opportunity to reduce aircraft 
weight from connecting wires, all without causing harmful interference 
to authorized radio services, as the Commission elaborates further 
below.
    45. In the R&O in this proceeding, the Commission determined that 
the record did not reflect a clear perspective of the types of 
unlicensed applications envisioned on-board aircraft that would provide 
an adequate assessment of their harmful interference profile. Thus, in 
the FNPRM in this proceeding, the Commission set out to request further 
information and analyses with respect to the various types of 
unlicensed applications envisioned on-board aircraft, the priority/
order of their planned introduction, as well as their associated 
potential harmful interference profile with respect to passive sensor 
services. The use cases outlined in the AVSI Study suggest that planned 
WiGig systems use access point stations affixed to the interior ceiling 
in commercial passenger transport aircraft to deliver internet/
entertainment products wirelessly to travelers' laptops/tablets, or to 
in-seat display monitors on the aircraft. The Commission is also aware 
that wireless avionic intra-communications (WAIC) applications (as 
studied by the ITU in lower frequency bands) would be highly useful in 
providing wireless back-up connections for primary wired connections 
between various electrical systems of the aircraft, to lighten the 
aircraft's total weight. WAIC systems provide radio communications 
between two or more stations on a single aircraft and constitute 
exclusive closed on-board networks required for the operation of an 
aircraft. The Commission is therefore adopting unlicensed technical 
rules herein with these two types of applications, broadband internet/
entertainment access in closed networks on-board aircraft, and certain 
WAIC applications, in mind.
    46. As the Commission observed in the R&O, the existing ITU studies 
on wireless avionics applications only cover frequency bands lower than 
the 60 GHz band. However, the Commission expects that the propagation 
characteristics of radio waves in the 57-71 GHz band would result in 
even greater attenuation than was documented in these ITU studies of 
lower frequency bands. The Commission notes that extensive

[[Page 44]]

simulations and actual measurement data presented in the AVSI Study 
confirm that typical aircraft effective fuselage attenuation is 40 dB 
in the 57-71 GHz frequency range, which is in line with the ITU 
findings of up to 45 dB aircraft fuselage attenuation at other 
frequencies.
    47. The Commission finds that use of the 57-71 GHz spectrum on-
board aircraft would not cause harmful interference to authorized 
services for several reasons. First, signals at these frequencies have 
high propagation losses and are easily blocked by obstacles, including 
seats, bulkheads and human bodies on the aircraft. Second, the aircraft 
fuselage provides significant attenuation of signals, as supported by 
the ITU studies and the AVSI Study, discussed above. Third, although 
unshielded aircraft windows provide significantly less attenuation than 
the aircraft fuselage, the risk of these beams being misdirected out of 
a window is minimal because 60 GHz transmitters use directional antenna 
beams to deliver the signals to the intended receivers inside the 
airplane. The Commission observes that the AVSI Study data indicate 
that the average effective aircraft attenuation (including 
transmissions through windows and inside aircraft cabin at multiple 
antenna steering angles) is on the order of 40 dB and is by and large 
independent of antenna location and antenna type used by either access 
point stations or mobile devices inside the aircraft. The Commission 
further finds that because the aircraft fuselage attenuation plays an 
important role in the link budget for the prevention of harmful 
interference caused by 60 GHz signals on-board aircraft to EESS (as 
computer-modeled and measured on commercial passenger transport 
aircraft by the AVSI Study; and as assessed by the ITU-R studies), the 
Commission will exclude use of 60 GHz unlicensed transmitters on-board 
aircraft where there is little attenuation of RF signals by the body/
fuselage of the aircraft. These aircraft include, for example, toy/
model aircraft, unmanned aerial vehicles (UAV) such as drones, small/
light crop-spraying aircraft and aerostats.
    48. With respect to WAIC applications, CORF strongly urges the 
Commission to prohibit this type of operation in the band to protect 
vital weather forecasting data collection. The Commission finds that 
the combination of high fuselage attenuation in commercial passenger 
transport aircraft and free-space propagation loss along with the 
directionality of the WiGig antenna beams inside the aircraft cabin 
will prevent harmful interference to passive sensor services. However, 
the Commission notes that WAIC applications could encompass external 
structural sensors or external cameras mounted on the outside of the 
aircraft structure to monitor the different phases of aircraft 
operation. These externally located transmitters may generate RF 
signals that would not be attenuated by the fuselage while the aircraft 
is in flight; thus, 60 GHz signals have the potential to escape into 
the air at various altitudes of flight and may present a potential for 
harmful interference to passive sensors. The Commission is therefore 
addressing CORF's concern by prohibiting operation of 60 GHz 
transmitters in WAIC applications on the outside of the aircraft body/
fuselage while airborne, to ensure that passive services continue to be 
protected.
    49. On the other hand, the Commission denies CORF's recommendations 
that any aeronautical use of the 57-71 GHz bands must require strict 
OOB emission limits at the harmonic frequencies (which fall into 
passive service spectrum such as RAS) and should be considered in the 
aggregate within the airplane, as well as aggregated over multiple 
planes within the beam and side lobes of the passive service telescope. 
The Commission notes that the AVSI Study generally addressed CORF's 
concerns by analyzing via dynamic simulation the effects of OOB and 
spurious emissions of on-board aircraft WiGig devices on passive 
services, both in a single aircraft with aggregate multiple equipment 
factor and worst-case emission levels; and in multiple aircraft in the 
aggregate during worst-case peak air traffic; the results demonstrated 
that passive services continue to be protected by a significant margin. 
This study suitably supplements the Wi-Fi Alliance Industry 
Interference Report (Wi-Fi Alliance Report) previously submitted in the 
record of this proceeding, in which it found comparable results while 
assuming a more conservative aircraft attenuation of 25 dB, instead of 
40 dB.
    50. The Commission finds that the existing spurious emission limits 
in Sec.  15.255(c) of the rules are sufficient to protect passive 
services. Section 15.255(c) already restricts spurious emissions to a 
very low power density limit of 90 pW/cm\2\ at a distance of 3 meters 
for frequencies between 40 GHz and 200 GHz, and to the general limit 
for intentional radiators in Sec.  15.209 for frequencies below 40 GHz. 
The Commission determines that RF signals in this spectrum suffer from 
severe propagation losses, and are blocked easily by obstacles inside 
the aircraft, as well as heavily attenuated by the aircraft fuselage; 
therefore, 60 GHz operation on-board aircraft would not increase the 
potential for harmful interference to passive services, when compared 
to 60 GHz operation on the ground, indoors or outdoors. The Commission 
also determines that spurious and harmonic emissions generally roll off 
(i.e., reduce in amplitude) the further they are in frequency from the 
fundamental emission; therefore, if fundamental emissions are severely 
attenuated, harmonics would be affected proportionally; thus, the 
Commission finds that unlicensed operations in the 57-71 GHz spectrum 
would not adversely affect passive services operating in frequency 
bands that contain the harmonics of this spectrum. The Commission 
further finds that, depending on their angle of escape out of the 
aircraft fuselage, the probability of any of these stray harmonic 
emissions finding their way into the main beam/side lobes of the victim 
telescope is virtually non-existent. The AVSI Study results generally 
confirm the Commission's assessments by its dynamic simulations 
supported by corroborating measurements, as discussed above. The 
Commission therefore denies CORF's request for rule changes with 
respect to specific conditions on spurious emissions limits.
    51. Based on the above, the Commission finds that, absent any 
record evidence to the contrary, it is the Commission's predictive 
judgment that 60 GHz transmitters operating on-board an aircraft in the 
57-71 GHz band, with the limitations that the Commission is imposing 
herein, will not cause harmful interference, which is defined not to 
protect against isolated occurrences, but only against interference 
that ``seriously degrades, obstructs, or repeatedly interrupts.''

E. Amendments to Certain Part 1 Rules

    52. The Commission amends Sec. Sec.  1.901 and 1.902 of the 
Commission's rules to include part 30 in the list of s to which the 
part 1, subpart F, rules apply. The R&O clearly expressed the 
Commission's intent to apply the part 1, subpart F rules to UMFUS. 
Amending Sec. Sec.  1.901 and 1.902 to include UMFUS will be consistent 
with that intent. Notice and comment is not required for this change 
because the changes go to rules of practice and procedure. In addition, 
the Commission is amending Sec.  101.115 of our rules to fix a footnote 
numbering error in the Antenna Standards table in Sec.  101.115. The 
change clarifies that the footnote applicable to the 70 GHz and 80 GHz 
bands should be labelled footnote 14.

[[Page 45]]

III. Order on Reconsideration

A. Security

    53. In the R&O, the Commission adopted rules requiring licensees, 
prior to commencing operations, to submit to the Commission security 
plans and related information indicating how confidentiality, 
integrity, and availability principles are applied in its network 
security design processes. Several parties filed petitions for 
reconsideration, which ask the Commission to eliminate the security 
reporting requirements.
    54. The Commission acknowledges that there may be other mechanisms 
that foster more secure networks without imposing the burden of 
additional regulation. The Commission therefore believes that more 
flexible security mechanisms should be fully explored, including ones 
employing voluntary means, in order to achieve a narrowly tailored fit 
with the Commission's goal of secure 5G networks and devices.
    55. By exploring flexible security mechanisms as the Commission's 
next step, it can avoid the costs of implementing the R&O's reporting 
and security requirements, which could slow the development of 
innovative 5G services. For example, NCTA claims that these 
requirements would ``impose substantial compliance costs on 5G network 
operators with no meaningful corresponding benefit in light of the fact 
that network providers already have enormous incentives to adopt 
measures to protect their networks.'' NCTA further argues that ``a 
band-by-band approach to cybersecurity . . . would increase compliance 
costs.''
    56. The Commission also believes that a regulatory approach to 5G 
security is premature at this time. As CTIA states, the ``supporting 
architecture for 5G is presently in development and is likely to remain 
in flux.'' Similarly, TIA maintains that it is not clear yet how 5G 
networks will operate. Given these considerations, the Commission 
believes that it would serve the public interest to rescind the 
reporting and security requirements. To reduce the risk to network 
reliability and security, the Commission instead seeks industry input 
through the CSRIC process. The Commission believes that CSRIC is an 
appropriate vehicle to explore these network security issues given its 
track record of addressing cybersecurity issues through flexible, 
voluntary means. As CTIA states, the Commission generally favors a 
``business-driven cybersecurity risk management'' approach because a 
``flexible, adaptable approach'' offers a ``workable strategy for 
securing commercial networks.'' The Commission expects tangible, 
practical security benefits from the CSRIC processes as part of the 
public-private partnership which, as NCTA notes, already exist to 
address best practices. The Commission has asked CSRIC to identify the 
network reliability and security risks associated with 5G networks and 
develop best practices to mitigate those risks. The Commission may also 
use CSRIC recommendations to help inform any additional steps that may 
be necessary.

B. Earth Station Siting Rules

1. Background
    57. The 27.5-29.5 GHz band has had long-standing allocations for 
the fixed, mobile, and FSS (Earth-to-space) services. In the 1996 LMDS 
First Report and Order, the Commission designated the 27.5-28.35 GHz 
band for LMDS on a primary basis and determined that satellite services 
would be permitted in that band on a non-interference basis to LMDS 
systems, and only for the purpose of providing limited gateway-type 
services.
    58. The U.S. Table of Frequency Allocations accords co-primary 
status to FSS earth stations (space-to-Earth) in the 37.5-40 GHz band. 
Under the rules in effect prior to the Notice of Proposed Rulemaking 
(NPRM) (see 81 FR 1802), gateway earth stations in the 39 GHz band 
could be deployed only if the FSS licensee obtained a 39 GHz license 
for the area where the earth station would be located, or if it entered 
into an agreement with the corresponding 39 GHz licensee.
    59. In the R&O, the Commission found that ``FSS earth stations in 
the 28 GHz band can share the band with minimal impact on terrestrial 
operations.'' Based upon that finding, the Commission grandfathered all 
existing 28 GHz FSS earth stations authorized as of the adoption date 
of the Report and Order and granted them the right to operate under the 
terms of their existing authorizations without taking into account 
possible interference to UMFUS operations. It also grandfathered 
pending applications for 28 GHz earth stations filed prior to the 
adoption date of the R&O if such applications were subsequently granted 
pursuant to the existing part 25 rules. The Commission also gave FSS 
operators multiple mechanisms for deploying earth stations. First, it 
granted status to any FSS earth stations for which the FSS operator 
also holds the UMFUS license, whether through participation in an 
auction or the secondary markets, that covers the earth station's 
permitted interference zone. To the extent FSS operators and UMFUS 
licensees enter into private agreements, the Commission held that their 
relationship will be governed by those agreements. The Commission also 
determined that FSS earth stations may continue to be authorized 
without the benefit of an interference zone, i.e., on a secondary 
basis.
    60. Finally, the Commission decided that it would continue to 
authorize satellite earth stations on a first-come, first-served basis 
in the 28 GHz band, but adopted guidelines for their deployment. First, 
it would authorize no more than three locations in each county where 
FSS would be allowed to deploy earth stations that do not have to 
protect UMFUS stations from interference. Second, an FSS applicant 
would be required to demonstrate in its license application that the 
permitted interference zone around its earth station would cover no 
more than 0.1 percent of the population of the county license area 
where the earth station was to be located. Third, the applicant would 
be required to show that the permitted interference zone would not 
infringe upon any major event venue, arterial street, interstate or 
U.S. highway, urban mass transit route, passenger railroad, or cruise 
ship port. Fourth, to ensure that the earth station would not interfere 
with existing facilities operating under a 28 GHz UMFUS license, the 
Commission required that the satellite operator coordinate with the 
UMFUS licensee in the county where it proposed to locate its earth 
station using the coordination procedures contained in Sec.  101.103(d) 
of the Commission's rules.
    61. In contrast to the 28 GHz band, where FSS earth stations 
transmit, FSS earth stations in the 37.5-40 GHz band receive. 
Accordingly, earth stations in that band need protection against 
interfering signals from terrestrial operations. Prior to the NPRM, 
Commission rules for the 39 GHz band provided that gateway earth 
stations would be allowed only if the satellite licensee obtained a 
license for the terrestrial geographic service area where the earth 
station would be located, or if the satellite operator entered into an 
agreement with the corresponding terrestrial licensee. In the R&O, the 
Commission allowed FSS operators to place earth stations using any of 
the market-based mechanisms adopted for the 28 GHz band.
    62. The Commission further determined that it would authorize non-
Federal satellite earth stations in the 37.5-40 GHz band on a first-
come, first-served basis and give them protection from terrestrial 
transmissions subject to

[[Page 46]]

the following conditions. First, the earth station applicant must 
define a protection zone in its application around its earth station 
where no terrestrial operations may be located. The FSS applicant may 
self-define this protection zone, but it must demonstrate using 
reasonable engineering methods that the designated protection zone is 
no larger than necessary to protect its earth station. Second, the 
Commission determined that it would authorize a maximum of three 
protection zones in each Partial Economic Area (PEA). Accordingly, the 
applicant was required to demonstrate either that there are no more 
than two existing protection zones in the PEA or to demonstrate that 
its protection zone would be contiguous to any preexisting satellite 
protection zone. Third, the applicant must demonstrate that the 
existing and proposed protection zones, in the aggregate, would not 
cover more than 0.1 percent of the PEA's population. Fourth, the 
Commission required the applicant to show that the protection zone 
would not infringe upon any major event venue, arterial street, 
interstate or U.S. highway, urban mass transit route, passenger 
railroad, or cruise ship port. Finally, the earth station applicant is 
required to coordinate with terrestrial fixed and mobile licensees 
whose license areas overlap with the protection zone, in order to 
ensure that the protection zone does not encompass existing terrestrial 
operations. If the earth station is authorized, the Commission's rules 
prohibit UMFUS licensees from placing facilities within the protection 
zone absent consent from the FSS operator, and the FSS operator must 
respond in good faith to requests to place facilities within a 
protection zone.
    63. In petitions for reconsideration, some satellite operators seek 
a relaxation of the 0.1 percent limits on populations affected by 
exclusion zones around their earth stations, curtailment of the rules 
that limit the impact of satellite operations on the provision of 
terrestrial services to users in transit, and elimination of the rules 
that limit earth station zones to three per geographic area. Parties 
also seek various clarifications, which the Commission addresses below.
    64. The burden of proof falls upon petitioners to demonstrate that 
FSS needs additional flexibility to locate earth stations in the 28 GHz 
and 37.5-40 GHz bands, which primarily are designated for terrestrial 
use. They fail to meet that burden, except in the limited instances 
discussed below.
2. 0.1 Percent Population Limit
    65. Satellite petitioners and their supporters propose various ways 
to relax the rules that limit earth station exclusion zones to 0.1 
percent of the population of UMFUS license areas. Their proposals 
include applying the 0.1 percent limit to the entire country or Basic 
Trading Areas (BTAs) rather than to counties or PEAs, increasing the 
limit to 0.2 percent, allowing satellite operators to deploy earth 
stations anywhere outside of urban cores, and modifying the rule's 
limits with respect to small and medium-sized markets.
    66. The Commission rejects the request to increase 0.1 percent 
population to 0.2 percent in larger markets. As Nextlink argues, that 
change could have a significant adverse impact on terrestrial service 
in urban areas. Moreover, none of the proponents of this change have 
demonstrated that increasing the population threshold in larger markets 
is necessary to provide sufficient opportunity for siting earth 
stations in these bands. As the Commission observed in the R&O, 
satellite operators will not necessarily need to deploy earth stations 
in the more densely populated markets. Indeed, the Satellite Broadband 
Operators have indicated that they can accept a limit of 0.1 percent in 
the largest markets. In addition, ViaSat, the FSS operator that appears 
to be most interested in locating earth stations in urban markets, 
supports the existing 0.1 percent limit.
    67. On the other hand, the Commission concludes that for smaller 
markets, relaxing the 0.1 percent population metric is consistent with 
the Commission's goal of creating meaningful, targeted opportunities to 
deploy additional FSS earth stations without harming terrestrial 
operations. Maintaining the 0.1 percent limit in smaller markets could 
make it more difficult for FSS operators to site earth stations in 
those markets, which could drive earth station siting towards more 
heavily populated places and centers of commercial activity. In 
contrast, relaxing the 0.1 percent limit in smaller markets is more 
consistent with the Commission's goal of providing targeted 
opportunities for siting earth stations in more remote, less-densely 
populated areas.
    68. On the other hand, the Commission believes that SES and O3b 
have not justified the level of impact on terrestrial service that they 
seek. In the smallest markets, they have not justified limiting access 
to terrestrial services to up to 10 percent of the population in the 28 
GHz band. Since many of the smallest markets cover large geographic 
areas, FSS operators should have sufficient flexibility with a 7.5 
percent population limit. In the middle tier of markets, the Commission 
notes the concern of the Rural LMDS Operators that losing even 600 
potential customers could make providing service uneconomic. While SES 
and O3b attempt to justify the 600-person limit based on an analysis of 
one of their existing, grandfathered earth station, given the trend 
towards smaller, lower impact earth stations identified by ViaSat and 
others, it is equitable to require FSS operators to make additional 
efforts to limit their impact on UMFUS in bands that are designated 
primarily for terrestrial use. The Commission anticipates that 
satellite operators will substantially reduce the sizes of the 
exclusion zones that they require by constructing artificial site 
shields or by taking advantage of naturally occurring terrain features.
    69. Taking the entire record into account, the Commission will 
adopt a modified version of the SES/O3b proposal for providing 
additional flexibility in second- and third-tier markets. For the 28 
GHz band, the limits will be as follows:

------------------------------------------------------------------------
                                           Maximum permitted aggregate
  Population within UMFUS license area    population within PFD contour
                                                of earth stations
------------------------------------------------------------------------
Greater than 450,000...................  0.1 percent of population in
                                          UMFUS license area.
Between 6,000 and 450,000..............  450 people.
Fewer than 6,000.......................  7.5 percent of population in
                                          UMFUS license area.
------------------------------------------------------------------------

    For the 37.5-40 GHz band, the population limits will apply on a PEA 
basis as follows:

[[Page 47]]



------------------------------------------------------------------------
                                           Maximum permitted aggregate
Population within Partial Economic Area   population within PFD contour
  (PEA) where earth station is located          of earth stations
------------------------------------------------------------------------
Greater than 2,250,000.................  0.1 percent of population in
                                          PEA.
Between 60,000 and 2,250,000...........  2,250 people.
Fewer than 60,000......................  3.75 percent of population in
                                          PEA.
------------------------------------------------------------------------

    The additional flexibility will encourage siting of earth stations 
in areas with less population, decrease potential conflicts between FSS 
and UMFUS, and maintain the primacy of UMFUS in the 28 GHz and 39 GHz 
bands.
3. Other Limits on Earth Station Siting
    70. Some satellite operators request that the Commission repeal, 
modify, and clarify the R&O's limitations on deployment of earth 
stations in places where they preclude terrestrial service to people or 
equipment that are in transit or are present at mass gatherings. 
EchoStar and Inmarsat also argue that the Commission's transient 
population rules impair their ability to deploy gateway stations in 
places with ready sources of electricity, adequate roads to permit 
access for maintenance, neighborhoods with appropriate commercial 
zoning, sufficient space for installation and expansion of large 
satellite antennas with an unobstructed view of the sky, and sufficient 
cooling capacity for large amounts of computing equipment. The 
Satellite Broadband Operators, which include the petitioners, recommend 
that the Commission's prohibition against earth station interference 
with passenger railroads be limited to Amtrak trains. The petitioners 
also urge us to eliminate or curtail sharply the rule barring FSS 
deployments near major event venues in the 28 and 37.5-40 GHz bands. 
The Satellite Broadband Operators ask that they be allowed to extend 
their exclusion zones over major event venues except for those with a 
seating capacity exceeding 10,000 people.
    71. The Commission denies the requests to modify the additional 
limits on earth station siting, with certain exceptions discussed 
below. EchoStar and Inmarsat contend that one of the reports cited in 
the R&O demonstrates that fiber connectivity needed by earth station 
facilities is highly correlated with major roadways and railways. The 
Commission disagrees. The authors of the InterTubes Report, which 
petitioners cite, emphasize that they are exclusively interested in the 
long-haul fiber-optic portions of the internet and do not even attempt 
to portray any of the short-haul fiber routes that are used to add or 
drop off network services in many different places within metropolitan 
areas. Moreover, the Commission notes that in the 28 GHz band, where 
there are incumbent earth stations, no licensed earth station is co-
located with a long-haul internet node and the average distance by road 
from a 28 GHz earth station to the nearest long-haul internet node is 
37.5 miles, with a median distance of 22.4 miles. Notably, a recent 
application for 20 gateway earth stations states that they will be ``at 
sites distributed throughout the United States that comply with the 
Commission's 28 GHz siting rules and have sufficient electrical 
facilities, reliable fiber-delivered broadband capacity, and ease of 
access for personnel to provide operational support.''
    72. Furthermore, the Commission continues to believe that the 
limitations that it has placed on earth station siting provide 
incentives for FSS operators to avoid areas where there is going to be 
high demand for terrestrial service using mmW bands. The wide 
bandwidths that are available to terrestrial services in the 28 GHz and 
37.5-40 GHz bands will support vital new terrestrial services on roads, 
railroads, and mass transit routes, and at ports, major event venues, 
homes and offices. The current need for wireless service along transit 
routes is clear for a variety of uses, including navigation, and demand 
is likely to increase with advances in technology. Like people in 
transit, many who attend major events use cell phones to obtain 
information, to exchange text and images with others, and to engage in 
other forms of communication. That is why mobile carriers often deploy 
temporary cellular base stations at major events. The Commission 
anticipates that 5G services supported by millimeter-wave spectrum will 
engender more use of mobile telecommunications at live events.
    73. The Commission agrees with the petitioners, however, that it 
would be helpful to clarify the types of roads that earth station 
siting should avoid. The R&O restricted earth station interference 
zones from infringing upon any arterial streets or interstate or U.S. 
highway. On review, the Commission finds that limitation may be 
unclear. The Commission therefore clarifies this prohibition to include 
only the following types of roads, as they are defined and classified 
by the U.S. Department of Transportation:
     Interstate
     Other Freeways and Expressways
     Other Principal Arterial.
    74. Regarding the R&O's restrictions on earth station interference 
to ``major event venues,'' the record does not provide a sufficient 
basis to specify which locations are considered such venues. Generally 
speaking, the Commission considers a major event venue to be any 
location where large numbers of people could gather on a regular basis 
in a setting where they would expect to use wireless service. The 
Commission recognizes that there are multiple types of locations that 
could qualify, including popular venues that seat less than 10,000 
persons. For example, the Commission agrees with Verizon that an 
arbitrary limit of 10,000 persons would improperly exclude venues such 
as the arena where the Minnesota State Mavericks play ice hockey games 
(a venue seating 5,280 person). The Commission declines to 
unnecessarily restrict these locations to venues seating more than 
10,000 people, as advocated by the Satellite Broadband Operators. To 
the extent that an UMFUS licensee is concerned that the interference or 
protection contour of a proposed FSS earth station might encompass a 
major event venue, the Commission expects that the UMFUS licensee will 
identify the venue as part of the coordination process, and the 
Commission expects that the parties will work cooperatively to identify 
and avoid major event venues.
    75. For similar reasons, the Commission also declines to modify the 
R&O's limitations on earth station siting that would impair passenger 
railroads by narrowing that restriction to encompass only Amtrak, as 
advocated by the Satellite Broadband Operators. This limitation 
properly encompasses any passenger railroads where there is going to be 
high demand for terrestrial service using mmW bands, such as key 
commuter rail lines.
4. Numerical Limits on Earth Stations
    76. As noted above, the R&O limited the number of earth station 
locations to three per county in the 28 GHz band and three per PEA in 
the 37.5-40 GHz band. Satellite operators urge us to eliminate those 
limits on the grounds that they are redundant, that it would be 
impractical for multiple satellite

[[Page 48]]

operators to share the same sites, that the thousands of small 
footprints produced by large fleets of NGSO satellites will each 
require a gateway earth station, and that a numeric limitation might 
have the perverse effect of forcing satellite operators to deploy 
gateway stations in urban areas before they have exhausted the siting 
opportunities of rural geographic service areas with wide expanses of 
thinly populated territory. Straight Path argues that the Commission 
should continue to apply numeric limits to earth station deployments 
because there is no data in the record to support the claim that the 
satellite industry will need more than 1,200 ground stations in the 39 
GHz band. FWCC says that it is not opposed in principle to dropping the 
numeric earth station limits if the Commission maintains reasonable 
limits on population coverage.
    77. In the 28 GHz band, which is licensed for terrestrial use on a 
county basis, the Commission declines to eliminate the numeric limit of 
three earth station locations per license area. The numerical 
limitations that the Commission imposed are part of the framework that 
it adopted ``to provide FSS licensees with substantial opportunities to 
expand their limited use of the 28 GHz band to deploy earth stations 
that do not have to protect terrestrial services, while minimizing the 
impact on terrestrial operations.'' FSS operators have not demonstrated 
that they have a substantial need to exceed the numeric location limits 
imposed in the R&O. Furthermore, eliminating those limits would be 
inconsistent with the decision to prioritize terrestrial deployment in 
these bands. In particular, eliminating the numerical limits in smaller 
markets where the Commission grants additional flexibility to FSS 
providers could inappropriately hinder deployment of terrestrial 
service in less populated areas. The Commission notes that in the 
smallest markets, allowing FSS providers to have an interference zone 
covering up to 10 percent of the population could impact a 
substantially larger amount of area, since populations may not be 
evenly distributed in rural areas.
    78. The Commission will, however, increase the three locations per 
license area limit on earth stations in the 37.5-40 GHz band, which is 
licensed for terrestrial use on a PEA basis. In that band, where the 
FSS allocation is space-to-Earth, the function of earth stations is to 
receive signals from satellites, not to transmit. An earth station 
location in that context represents the protection zone around one or 
more earth stations from which terrestrial operations are excluded, in 
order to prevent them from causing interference to the earth stations. 
The existing limit on earth station locations in that band was based on 
the Commission's calculations of populations that they were likely to 
cover, based on the size of the protection zone that would be required 
to protect 37.5-40 GHz receiving earth stations. The protection zone 
area that the Commission used for these calculations was provided in 
comments from EchoStar, which stated that the radius of the exclusion 
zone around a 37.5-40 GHz earth station would be up to two kilometers. 
Recently, Inmarsat, SES and O3b provided an analysis that represents a 
separation distance of less than 1100 meters from the center of a 
terrestrial mobile deployment area that occupies an area of 3.8 square 
kilometers would be sufficient to protect an FSS earth station. In 
another study, ViaSat purports to show that moderately sized stations 
on roof tops, with appropriate shielding, could be embedded in urban or 
suburban settings where 5G systems are deployed without requiring 
interference protection from the 5G system. Boeing analyzes both 
studies, and concludes that each is based on valid assumptions and 
employs appropriate technical analysis, but believes that the Inmarsat/
SES/O3b submission used unnecessarily conservative assumptions and that 
a separation distance of less than 500 meters would be sufficient. 
While the assumptions ViaSat uses will not apply to every earth station 
(not every earth station will be located on a roof or will be 
shielded), based on the Commission's analysis of the contribution 
submitted into the record of this proceeding by Inmarsat, SES and O3b, 
and the ViaSat filing, it now appears that earth stations can be 
designed that require substantially smaller exclusion zones than the 
two-kilometer radius estimate available to the Commission at the time 
of the R&O. With smaller exclusion zones, the Commission can justify 
allowing more satellite earth stations in a given area because the 
impact in terms of geographic area will be smaller.
    79. Taking into account the Commission's current understanding of 
the required exclusion zone and the fact that this band is primarily a 
terrestrial band, the Commission believes that it would be reasonable 
to increase the permissible number of earth station locations in the 
37.5-40 GHz band from three to 15 per PEA, but with no more than three 
earth station locations per county. The Commission's grant of relief on 
the numerical limits in the 37.5-40 GHz band is premised on the idea 
that the exclusion zones required by FSS to protect their earth 
stations are substantially smaller than the Commission originally 
believed. If, in reviewing FSS earth station applications, the 
Commission sees that FSS providers are claiming substantially larger 
protection zones, the Commission reserves the right to take appropriate 
action.
    80. The Commission also declines to adopt ViaSat's request to 
modify Sec.  25.136 to allow the deployment of additional ``zero 
impact'' earth stations on a protected basis, regardless of the 
numerical earth station limits otherwise applicable in a given county 
or PEA. These deployments may not have ``zero impact.'' In light of the 
greater flexibility the Commission is granting above with respect to 
the absolute number limit on earth station locations, the Commission 
finds that ViaSat has not demonstrated that the additional requested 
flexibility would be in the public interest.
    81. In addition, the Commission takes the opportunity to clarify 
the determination in the R&O that, for purposes of complying with the 
limit on the absolute number of earth station locations within an UMFUS 
license area, each location can accommodate multiple earth stations 
that are either collocated with each other or at locations contiguous 
to each other. As stated in the R&O, a ``location'' in this context 
refers to either, in the case of earth stations transmitting in the 
band, the contour within which one or more earth stations generate a 
PFD no more than -77.6 dBm/m\2\/MHz at 10 meters above ground level, 
or, in the case of earth stations receiving in the band, the self-
defined protection zone around one or more earth stations within which 
no terrestrial operations may be located. The Commission clarifies 
that, although adding an earth station to a location will in most cases 
expand the relevant contour, the R&O does not preclude the expansion of 
such contours, nor does it apply any numeric limit to the number of 
earth stations to be deployed at a location, provided that the 
deployment complies with other earth station siting limits in the 
Commission's rules. Although the R&O does not limit the number of earth 
stations per se, it does limit the proliferation of protection zones 
surrounding those earth stations, and that serves an important policy 
objective.
5. Placement of Additional Antennas at Grandfathered 28 GHz Sites
    82. EchoStar and Inmarsat ask us to clarify the extent to which 
additional earth station antennas may be placed at

[[Page 49]]

grandfathered 28 GHz earth station sites, and SES and O3b specifically 
request that the Commission exempts additional earth stations from the 
0.1 percent population limitation rule if they are located within one 
second of latitude and one second of longitude of grandfathered sites. 
EchoStar and Inmarsat argue that, if the Commission requires 
grandfathered sites to count against the 0.1 percent cap, other FSS 
operators will be unable to deploy precisely in those areas that have 
been identified as most attractive to date. The Satellite Broadband 
Operators also argue that the Commission should exclude grandfathered 
28 GHz band earth stations from counting toward the population limits.
    83. The Commission rejects the petitioners' requests for three 
reasons. First, the modifications that the Commission is making to the 
0.1 percent population limit provide substantial and adequate relief to 
the requesting parties. Second, no material purpose would be served by 
adding a de minimis exception: One second of latitude equals about 31 
meters, and one second of longitude in any of the contiguous 48 states 
would be fewer than 30 meters. Third, EchoStar and Inmarsat state 
elsewhere in their petition that it would be impractical in any case 
for multiple satellite operators to share the same sites. If it is true 
that other operators would be reluctant in any case to deploy their 
antennas at a grandfathered site that is licensed to another operator, 
the Commission needs not be concerned that they would be deterred from 
doing so by the absence of a further exception to its rules.

C. Secondary Status of FSS in 28 GHz Band

    84. In the R&O, after evaluating in detail prior rulemakings 
involving the 28 GHz band, the Commission rejected arguments from FSS 
providers and determined that FSS would be secondary to both fixed and 
mobile terrestrial operations in the 28 GHz band. SIA asks the 
Commission to clarify that certain protected FSS operations are in fact 
co-primary with respect to the new UMFUS.
    85. SIA simply repeats arguments that it submitted earlier in 
response to the NPRM, and it presents no new theory or new reason for 
why FSS should be given co-primary status. The R&O thoroughly 
considered this issue and concluded that, ``the 28 GHz band will play a 
vital role in the deployment of advanced mmW services, and fully 
upgrading FSS under the Commission's service rules to co-primary status 
would be inconsistent with this goal and would be unnecessary to meet 
the FSS community's needs.'' Accordingly, the Commission rejects that 
aspect of SIA's petition as repetitious, pursuant to Sec.  1.429 of its 
rules. Moreover, the Commission has again reviewed the record in the 
light of the arguments urged in SIA's petition and the Commission finds 
no reason to depart from the findings of fact and conclusions contained 
in the decision.

D. 28 GHz Aggregate Interference

    86. Commenters have expressed concern that upward transmissions 
from large numbers of terrestrial stations will, in the aggregate, 
generate enough power to be received at the satellite's receiver, thus 
degrading the satellite's performance. In the R&O, the Commission, 
after noting that FSS was secondary to both fixed and mobile services, 
concluded that, ``the record in this proceeding does not demonstrate 
that the rules that we adopt today would significantly risk harmful 
interference to satellite operations because of aggregate interference 
received at the satellite receiver.'' The Commission rejected requests 
from FSS providers to limit the aggregate skyward transmissions of 
UMFUS providers in the 28 GHz band. In petitions for reconsideration, 
satellite operators argue that we should reconsider our earlier 
decision and set an overall limit on aggregate interference to 
satellite receivers.
    87. The Commission denies the petitions for reconsideration on this 
issue because none of the petitions for reconsideration make the 
requisite showing under Sec.  1.429 of its rules with respect to the 
aggregate interference issue. The petitions filed by satellite 
operators are deficient in two significant respects. First, they fail 
to acknowledge the defects identified in the R&O in the technical 
studies that formed the basis for their arguments. Second, and more 
fundamentally, the requests of the satellite operators are inconsistent 
with the Commission's goal of providing UMFUS licensees with a flexible 
rules framework that could allow them to provide a variety of services. 
Boeing and SES/O3b ask the Commission to embed into its rules certain 
characteristics that are under development for mmW mobile systems, such 
as beamforming, antenna downtilt, and power control. The Commission 
adopted technical rules that were as flexible as possible, while at the 
same time preventing harmful interference. By doing so, the Commission 
maximized the ability of licensees to design and evolve their networks 
according to their own judgement and thereby offer new and innovative 
services to the public. Establishing specific technical parameters in 
the Commission's rules based on its understanding of technological 
developments at one point in time would risk preventing licensees from 
developing new services to meet market demand. The limits on emissions 
that the satellite operators seek could limit the ability of UMFUS 
licensees to operate certain types of networks.
    88. Finally, the Commission rejects petitioners' argument that the 
Commission's failure to adopt rules to limit aggregate interference to 
satellites licensed by countries that are adjacent to the U.S 
constitutes a breach of its country's obligations under international 
agreements. As Intel and CTIA point out, the rules adopted in the R&O 
already provide more protection to other countries' satellites than is 
required by ITU rules.
    89. The Commission retains the authority to monitor developments 
and intervene to prevent unacceptable interference to satellites if 
that becomes necessary, but it finds no evidence to date that suggests 
that any such intervention will be necessary. The R&O explained why it 
is unlikely that the addition of mobile services to the 28 GHz band 
will cause significant interference to satellites in the 28 GHz band, 
and petitioners have provided no basis to revisit that conclusion at 
this time.

E. Base Station Power Limit

    90. In the Report and Order, the Commission adopted a base station 
power limit of 75 dBm/100 MHz EIRP for UMFUS. For channel bandwidths 
less than 100 megahertz, the permitted EIRP was reduced below 75 dBm in 
proportion to the amount of bandwidth involved. Boeing asks the 
Commission to reconsider the 75 dBm limit and adopt the 62 dBm limit 
proposed in the NPRM.
    91. The Commission denies Boeing's petition on this issue. Boeing 
claims that the Commission adopted the 75 dBm power limit without a 
``real technical or policy foundation . . .'' That characterization is 
inaccurate. As noted above, the 75 dBm power limit made the UMFUS rules 
consistent with rules for other mobile services and reflected a 
consensus of parties involved in developing equipment and service. To 
the extent Boeing and O3b are concerned about the ability to place 
earth stations in the 37.5-40 GHz band, the Commission notes that UMFUS 
licensees will be required to protect earth station facilities pursuant 
to Sec.  25.136 of the Commission's rules. To the extent that Boeing's 
advocacy is

[[Page 50]]

based on its desire to operate user equipment in the 37.5-40 GHz band, 
the Commission's decision denying its request to allow operation of FSS 
user equipment in 37.5-40 GHz makes this concern irrelevant. While 
Boeing's technical study assumed that UMFUS base stations were 
operating continuously at 75 dBm, that deployment scenario is 
unrealistic because UMFUS facilities will have incentives to operate at 
the minimum power necessary. The Commission acknowledges that many 
terrestrial service proponents have described systems that have lower 
transmitted power, but its UMFUS rules are designed to facilitate the 
deployment of a wide variety of mmW technology. The Commission does not 
believe it would be appropriate to limit the development of new 
technology or deployment of novel services by needlessly limiting the 
power of UMFUS equipment.
    92. The Commission also denies Boeing's request to establish a 
separate total radiated power limit. The Commission agrees with Intel 
and T-Mobile that such a limit is unnecessary and burdensome. Boeing 
has not explained why the UMFUS bands are meaningfully different from 
other bands where the Commission has only adopted EIRP limits.

F. Base Station Location Disclosure

    93. EchoStar/Inmarsat and SES/O3b ask the Commission to require the 
creation of a database of UMFUS facilities to facilitate coordination 
between FSS and UMFUS. Given the potentially huge number of deployments 
in these bands, it would be extremely burdensome to require UMFUS 
licensees to maintain and update information on each deployment. On the 
other hand, FSS providers would only need this information when they 
were planning to coordinate an earth station location. The Commission 
disagrees with SES/O3b that the existing coordination procedures are 
inadequate for them to obtain the information they need to coordinate 
with existing UMFUS licensees. The part 101 coordination rules, which 
apply to coordination of proposed earth stations, require UMFUS 
licensees to specify the technical details relevant to any objection. 
The Commission concludes that the burden of the disclosure requirement 
would far outweigh any benefit. The Commission therefore denies the 
petitions on this issue.

G. 64-71 GHz

    94. The Commission affirms the Commission's decision to authorize 
unlicensed operations across the entire 64-71 GHz band. Contrary to 
petitioner's arguments, the Commission thoroughly articulated the 
public interest benefits of making 64-71 GHz available for unlicensed 
use, and the Commission's decision took into account the needs of both 
licensed and unlicensed services. In contrast, petitioners have 
provided no explanation as to how they would make use of this band as a 
licensed band, and they mostly repeat arguments previously considered 
and rejected by the Commission.
    95. Petitioners' focus on the amount of spectrum made available for 
licensed versus unlicensed use is misguided. The Commission has 
previously explained that this was not a valid comparison when 
responding to claims of ``gigahertz parity'' from commenters who shared 
the same view as CTIA. Furthermore, the Commission makes additional 
spectrum available for licensed use, and it will continue to work to 
make more licensed spectrum available.
    96. The Commission's expectation that unlicensed services would 
quickly serve the public interest in the 64-71 GHz band, based on the 
band's adjacent location to the 57-64 GHz band where WiGig devices are 
being actively deployed, is supported by the fact that the FCC 
Equipment Authorization Database shows close to 200 product 
certification grants for operation in the 57-64 GHz band. Furthermore, 
the Commission notes that the technical specifications for 802.11ad 
unlicensed devices to operate in the 64-71 GHz band are already 
supported in the approved IEEE 802.11-2016 standard, using the same 
communication protocols for six 2160-megahertz wide channels.

H. Mobile Spectrum Holdings (In-Band Aggregation Limits)

    97. CCA requests reconsideration of the Commission's decision not 
to adopt band-specific limits for each of the 28 GHz, 37 GHz and 39 GHz 
bands. In the R&O, the Commission found that band-specific limits were 
unnecessary, stating because any technical differences between these 
three bands is not sufficient to significantly affect how these 
spectrum bands might be used. The Commission finds that CCA merely 
restates general arguments previously considered and rejected, and the 
Commission therefore denies its request for reconsideration.

I. 28 and 39 GHz License Area Sizes

1. 28 GHz Band
    98. In the R&O, the Commission selected counties as the base 
geographic unit for UMFUS license areas in the 28 GHz band and 
subdivided existing Basic Trading Area (BTA) licenses into counties. 
Several petitioners seek reconsideration of the Commission's choice of 
counties in the R&O. Their arguments in favor of reconsideration 
largely involve what they see as an increased monetary, administrative 
and technological burden created by switching to counties as opposed to 
BTAs.
    99. The Commission denies these arguments because they were fully 
considered and rejected by the Commission in its R&O, and petitioners 
have failed to present any basis for revisiting its decision. The 
Commission fully considered and rejected the following concerns before 
reaching its decision, namely that (1) counties did not fit the 
contemplated services to be offered using mmW spectrum; (2) counties 
would result in more border areas requiring greater coordination; (3) 
the number of counties would impose administrative burdens on licensees 
and the Commission; and (4) requiring buildout showings on a county 
basis would increase licensees' costs. The Commission also noted that 
it had moved towards license areas based on EAs and that counties were 
more consistent with EAs. Finally, it noted that using BTAs for UMFUS 
would require a new licensing agreement with Rand McNally, the owner of 
BTAs. It concluded that county-based licenses would afford a licensee 
the flexibility to develop localized services, target deployment based 
on market forces and consumer demand, and facilitate access by both 
smaller and larger carriers--and that these benefits outweighed any 
administrative burden on licensees or the Commission. The Commission, 
rejecting the arguments that many counties previously included in BTAs 
would be abandoned because it was not economically viable or 
administratively cost-effective to build them out, concluded that it 
would be better to allow new providers to obtain licenses and make use 
of that spectrum. The Commission believes this logic applies equally to 
rural areas, tribal land, counties containing military bases, or 
counties that contain federal lands such as the National Parks. To the 
extent licensees previously acquired these areas under the expectation 
that they would provide service, it is inconsistent for licensees to 
now deny such intent. If there is no intent to provide service

[[Page 51]]

in an area, they should surrender these license rights and give others 
the opportunity to provide service in those areas.
    100. The Commission considered the move to a county-based license 
fair to incumbents because they not only retained their fixed license 
rights but also would gain valuable mobile rights by virtue of 
acquiring UMFUS licenses. The Commission concluded generally that the 
benefits of these smaller license areas outweighed any administrative 
burden on licensees and on the Commission. To the extent Petitioners 
are now making new arguments, such claims would appear to be barred 
because they have not justified why they failed to raise such arguments 
previously or why it is incumbent upon us to review them in the public 
interest.
    101. The Commission rejects the takings argument raised by Nextlink 
and CCA. ``[C]ourts have concluded that licensees do not have property 
rights in any license that the Commission issues to them, and so are 
not protected by the Fifth Amendment.'' It is also ``undisputed that 
the Commission has always retained the power to alter the term of 
existing licenses by rulemaking.'' Nor is there anything inherently 
unfair in the Commission's action. LMDS licenses have received mobile 
use rights they previously lacked and these licensees were given extra 
time to fulfill their buildout requirements.
2. 39 GHz Band
    102. CCA requests that we reconsider the Commission's decision to 
divide the 39 GHz band into PEAs from previous EA-based license areas 
because it allegedly will harm incumbents by increasing the burdens and 
costs of buildout. The Commission rejects these arguments for most of 
the same reasons it rejects these arguments with respect to the 28 GHz 
band. One distinction the Commission observes between the 28 GHz bands 
and 39 GHz bands, however, is that in the 39 GHz band, the decision to 
allocate license areas by PEA should address many of the petitioners' 
concerns. Specifically, the magnitude of change between EAs and PEAs is 
far smaller than the change from BTAs to counties in the 28 GHz band. 
There are 176 EAs and 416 PEAs, whereas there are 493 BTAs and 3,174 
counties or county-like areas. The Commission correctly concluded that 
use of the PEA formed the appropriate middle ground between counties 
and EAs because PEAs were small enough to permit access to licenses by 
smaller carriers while still large enough to incentivize investment in 
new technologies. The PEA license size should thus address many of the 
monetary and administrative cost burdens that Petitioners decry.

J. Performance Requirements for Incumbent Licenses

    103. As an alternative to reconsidering its decision to divide the 
current 28 GHz BTA-based LMDS license areas into counties, several 
petitioners argue the Commission should either reduce its performance 
requirements or provide incumbent licensees with greater flexibility in 
meeting these requirements. Parties also seek similar relief for 
incumbent 39 GHz licenses. We decline to adopt either of these 
proposals.
    104. The Commission continues to believe that extending the 
deadline for meeting the new performance requirements to 2024 for 
incumbent licensees provides sufficient relief. Petitioners ignore the 
fact that buildout obligations serve the important purpose of ensuring 
that scarce spectrum resources are put to use and deployed in a manner 
that serves all communities. Indeed, the Commission's construction 
obligations promote the Commission's objective of making spectrum 
``available, so far as possible, to all the people of the United 
States'' regardless of where they live. The Commission rejects as 
unsupported and contrary to the public interest the idea that, in this 
instance, allowing licensees to hold on to unused spectrum indefinitely 
would promote service. In the R&O, the Commission noted the various 
proposals by parties that would have permitted incumbent licensees to 
meet their then existing performance requirements before the end of 
their license terms. Petitioners largely repeat the same arguments and 
the Commission denies them on the ground they are plainly repetitious. 
To the extent petitioners attempt to craft variations on those previous 
performance proposals or propose entirely new performance standards, 
they have not adequately explained why they could not have raised these 
arguments at the earlier stage of the proceeding, and the Commission 
sees no reason to review its performance requirements on public 
interest grounds.
    105. The Commission continues to believe that the 2024 deadline for 
incumbents to meet buildout requirements is reasonable. Indeed, 
developments since release of the R&O indicate that the Commission's 
2020 estimate for availability of equipment may have been pessimistic. 
Both Verizon and AT&T have commenced trials for roll-out of commercial 
5G services. Verizon has begun offering 5G mobile and broadband service 
to pilot customers in 11 cities, and AT&T conducted its first 5G 
business customer trial in 2016 and states that it is currently 
pursuing 5G video trials with DirecTV NOW as well as additional fixed 
and mobile 5G trials with Qualcomm and Ericsson. Furthermore, it is 
estimated that 3GPP standards for Non-Standalone New Radio (NSA NR) 
will be completed by March 2018, and that full Standalone New Radio 
with Next Generation Core will be completed by September 2018. The 
Commission believes these developments belie petitioners' claims that 
they will not have sufficient time to meet performance requirements by 
2024 due to the inability to obtain equipment.
    106. Finally, the Commission rejects the argument that parity 
requires that incumbent licensees receive the same amount of time as 
new licensees to meet their buildout requirements. Incumbents have an 
advantage over potential new UMFUS licensees because they have 
immediate access to spectrum and can begin planning for deployments 
now.

K. Splitting of 28 GHz Band Into Two Licenses

    107. Nextlink asks that the Commission reconsider its decision to 
split the 850 MHz A1 Band into two 425 MHz segments and instead make 
this spectrum available for UMFUS as a single band. We deny this 
request both because it is plainly repetitive and because petitioners 
have failed to rebut the reasoning of the R&O which found that a split 
band would increase competition.
    108. The Commission denies Nextlink's request on the merits and 
because Nextlink seeks to reargue matters that the Commission 
thoroughly considered. Nextlink's assertion that the Commission does 
not provide a valid basis for splitting the A1 band into two 425 
megahertz licenses is incorrect. As T-Mobile argued in response to the 
NPRM, ``where available bandwidth is more limited, as it is at 28 GHz 
and may be in other lower bands, smaller license blocks should be 
licensed in order to preserve competition.'' AT&T and NSMA also support 
smaller channels in the 28 GHz band. Nextlink previously had alleged 
that bifurcating the A1 band would exacerbate the problems it had 
raised against county based licensing, such as increased costs and 
`stranding' deployments in different halves of the A1 band, but those 
arguments were considered and rejected by the Commission. On balance, 
the Commission continues to believe that

[[Page 52]]

the benefits to competition of having multiple licenses in an area 
outweigh any marginal increase in costs to licensees.

L. Applicability of Part 30 Rules to Satellite Operations

    109. EchoStar and Inmarsat note that Sec.  30.6 of the Commission's 
rules states that when providing FSS services, UMFUS licensees must 
operate consistent with part 25 of our rules governing satellite 
communications. EchoStar and Inmarsat ask for a clarification that FSS 
operators holding licenses ``for the purpose of protecting FSS 
operations'' would only be subject to the following UMFUS service 
rules: (1) Section 30.5 (Service Areas); Section 30.104 (License Term); 
and (3) Section 30.106 (Geographic partitioning and spectrum 
disaggregation).
    110. EchoStar and Inmarsat are correct that the Commission did not 
intend to apply part 30 technical rules to satellite operations. 
Accordingly, the Commission will revise Sec.  30.6 to state explicitly 
that part 30 technical rules do not apply when UMFUS licenses are used 
in connection with satellite operations. The part 30 licensing rules do 
apply, however, to all UMFUS licenses, regardless of use. For example, 
if a satellite operator acquired an UMFUS license at auction, it would 
acquire those licenses pursuant to the competitive bidding rules in 
part 30, subpart D. Furthermore, the Commission buildouts requirements 
apply to all UMFUS licenses, but there is a special provision in the 
rules allowing FSS operators to comply with those requirements in a 
given county by demonstrating that an earth station is in service, 
operational, and using the spectrum associated with the license. 
Accordingly, the Commission denies the petition to the extent it seeks 
to broadly exclude FSS operations from the UMFUS licensing rules.

IV. Memorandum Opinion and Order

A. 48.2-50.2 GHz

    111. At this time, the Commission declines to authorize fixed and 
mobile use in the 48.2-50.2 GHz band, but rather retain the broad 
flexibility of satellite systems to operate in that band. The 
Commission believes the satellite broadband services that could be 
delivered over the networks proposed by Boeing, SpaceX, and others 
could play a useful role in bringing the benefits of broadband to more 
Americans. Given the current state of satellite technology, these 
systems would need access to spectrum where satellite end user devices 
can operate. The Commission's actions will provide FSS operators with 2 
gigahertz of both uplink and downlink spectrum where they can operate 
satellite end user devices and earth stations without having to share 
with terrestrial licensees. In addition, the Commission recognizes the 
importance to the satellite industry of having spectrum to freely 
deploy uplink user terminals across the United States. Further, the 
Commission notes that there is no explanation in the record for how the 
V-band could work successfully for both satellite and terrestrial 
providers without dedicated spectrum for FSS end-user terminals. 
Accordingly, while the Commission is making additional spectrum, 
including the 47.2-48.2 GHz band, available for terrestrial use, it 
will reserve the 48.2-50.2 GHz band for FSS use at this time, pursuant 
to the existing part 25 rules, in order to give satellite operators an 
opportunity to provide services in the V-band.

B. 40-42 GHz

    112. The Commission declines to authorize mobile use in the 40-42 
GHz band at this time. No proponent of mobile use for this band has 
explained how such use would be consistent with the operation of 
satellite user devices in this band. This analysis is different from 
the sharing analysis between UMFUS and individually licensed earth 
stations because the number and location of individually licensed earth 
stations can be controlled. As with 48.2-50.2 GHz, the Commission will 
reserve the 40-42 GHz band for FSS use at this time, pursuant to the 
existing part 25 rules, in order to give satellite operators an 
opportunity to provide services in V-band.
    113. The Commission acknowledges the ongoing international studies 
at the ITU-R for mobile (IMT) use in the band 37-43.5 GHz. The 
Commission notes that the benefits of global harmonization are not 
limited to situations where all regions have identical spectrum 
allocations and can be facilitated through the use of radio tuning 
ranges. Radio tuning ranges allow manufacturers to develop equipment 
that can operate across multiple bands within a contiguous range while 
allowing regulators flexibility to manage spectrum resources for 
domestic requirements. The Commission will continue to follow the 
ongoing studies in this band leading up to WRC-19.

C. 71-76 and 81-86 GHz Bands (70/80 GHz Band)

1. Introduction
    114. On October 16, 2003, the Commission adopted a Report and Order 
establishing service rules to promote non-Federal development and use 
of the mmW spectrum in the 71-76 GHz (70 GHz), 81-86 GHz (80 GHz), and 
92-95 GHz (90 GHz) bands, which are allocated to non-Federal and 
Federal users on a co-primary basis. Based on the determination that 
highly directional, ``pencil-beam'' signal characteristics permit 
systems in these bands to be engineered so that many operations can co-
exist in the same vicinity without causing interference to one another, 
the Commission in 2003 adopted a flexible and innovative regulatory 
framework for the bands. Specifically, the Commission created a two-
pronged authorization scheme for non-Federal entities for the entire 
12.9 GHz of spectrum in the band. First, a licensee applies for a non-
exclusive nationwide license; second, the licensee registers individual 
point-to-point links. Under this licensing scheme, a non-exclusive 
license serves as a prerequisite for registering individual point-to-
point links. Licensees may operate a link only after the link is both 
registered with a third-party database and coordinated with NTIA. This 
flexible and streamlined regulatory framework was designed to encourage 
innovative uses of the mmW spectrum, facilitate future development in 
technology and equipment, promote competition in the communications 
services, equipment, and related markets, and advance sharing between 
non-Federal and Federal systems.
    115. As of June 12, 2017, there were 454 active non-exclusive 
nationwide licenses covering the 70 GHz, 80 GHz, and 90 GHz bands. 
Based upon information available from the third-party database managers 
that are responsible for registering links in those bands, as of June 
10, 2016, there were approximately 11,882 registered fixed links in the 
70 GHz and 80 GHz bands.
    116. Access to these bands is based on a set of spectrum rights and 
sharing mechanisms between Federal and non-Federal users, and among 
different types of non-Federal uses (fixed and satellite). In these 
bands, non-Federal operations may not cause harmful interference to, 
nor claim protection from, Federal FSS operations located at 28 
military bases. In addition, in the 80 GHz band, licensees proposing to 
register links located near 18 radio astronomy observatories must 
coordinate their proposed links with those observatories.

[[Page 53]]

Third-party database managers are responsible for recording each 
proposed non-Federal link in the third-party database link system and 
for coordinating with NTIA's automated ``green light/yellow light'' 
mechanism, under which a non-federal link entered into NTIA's system is 
either approved for 60 days (green light) or subject to further 
coordination (yellow light), to determine the potential for harmful 
interference to Federal operations and radio observatories.
2. Mobile Use
    117. The Commission declines to authorize mobile use in the 70 GHz 
and 80 GHz bands under UMFUS rules at this time. There is broad support 
in the record for focusing on and enhancing the existing rules for 
fixed use of the band, while there is little consensus among the 
proponents of mobile use as to how to coexist with fixed links. Under 
the existing licensing mechanism, these bands can play an important 
role in 5G development by facilitating backhaul and other fixed uses. 
It is important not only to protect existing links but also to provide 
an opportunity for future growth of FS in these bands as demand for 
backhaul and other related services increases.
    118. The Commission has several proposals pending in its Wireless 
Backhaul proceeding (WT Docket No. 10-153) to modify the existing rules 
for these bands. The proposals include adjustments to the antenna 
standards, allowing +/-45 degree polarization, establishing a 
channelization plan, requiring construction certifications for 
registered links, and allowing minor modifications to link 
registrations. The Commission also notes that companies such as 
Aeronet, Google, and The Elefante Group have proposed different uses 
for these bands which neither fit the traditional mobile broadband nor 
fixed link models. The Commission's best course of action is for it to 
consider those proposals and possible future uses in the Wireless 
Backhaul proceeding. Once the Commission decides what changes, if any, 
to make to the existing rules, it encourages interested parties to 
discuss possible methods of promoting coexistence between fixed links 
and mobile operations. The Commission reserves the right to revisit 
this issue as mobile use deploys in other mmW bands, technology 
develops, and as further thought is given to mobile/fixed coexistence.
3. Indoor-Only Unlicensed Use Under Part 15
    119. The Commission declines at this time to authorize indoor-only 
unlicensed use under part 15 of its rules in the 70 GHz and 80 GHz 
bands. The Commission finds that little has changed since it rejected 
the use of unlicensed devises in the 70 GHz and 80 GHz bands in 2003. 
The Commission further finds that, given the risks of interference to 
existing fixed uses, additional studies are warranted before 
considering indoor unlicensed use in the 70 GHz and 80 GHz bands. 
Parties supporting unlicensed indoor use in the 70 GHz and 80 GHz bands 
fail to provide sufficient evidence that such use would cause no 
interference to authorized uses. Rather, they rely on general 
references to the propagation characteristics in these bands, building 
materials, device limitations (e.g., a requirement that equipment 
comply with Sec.  15.257 of the rules), or they advocate the adoption 
of an SAS framework to protect authorized uses from interference.
    120. The Commission further finds that the current availability of 
14 gigahertz of contiguous spectrum for unlicensed operations 
immediately below the 70 GHz band reduces the urgency to introduce 
unlicensed indoor use in the 70 GHz and 80 GHz bands. In this regard, 
the Commission notes that, while unlicensed indoor use is permitted 
under part 15 at 90 GHz, no equipment has been authorized for use as of 
June 12, 2017, so it would be premature to extend the rules of a yet-
to-be successful service to the bands immediately below it that, as 
demonstrated by the record, support a thriving mmW service. The 
Commission further finds that it is neither necessary nor cost-
effective to establish a geolocation database to facilitate 
coordination of unlicensed devices at this time, as proposed by OTI and 
Public Knowledge. The Commission's decision to delay introducing 
unlicensed indoor use at this time furthers the public interest by 
protecting existing operations and successful services in the 70 GHz 
and 80 GHz bands without foreclosing future innovations in these bands.

D. 37.5-40 GHz Band Satellite Issues

1. Satellite Power Flux Density Limits
    121. The Commission concludes that the record does not establish 
conditions under which FSS could operate at a higher power flux density 
(PFD) consistent with terrestrial use of the band. The Commission 
recognizes that Boeing has devoted considerable effort to address its 
questions about the rain fading issue. At this time, however, the 
Commission believes that allowing FSS to operate with a higher PFD 
would be inconsistent with its decisions to designate 37.5-40 GHz as an 
UMFUS band and to grant UMFUS licensees the flexibility to provide a 
wide variety of fixed and mobile technologies. UMFUS technologies are 
new, rapidly evolving, and proliferating. Boeing's studies emphasize 
coexistence with mobile broadband systems, but that is not the only use 
case being developed for this band. Verizon announced that it will 
begin offering 5G fixed wireless service to pilot customers in 11 
cities in the first half of 2017, and AT&T conducted its first 5G 
business customer trial in 2016 and states that it is currently 
pursuing 5G video trials with DirecTV NOW as well as additional fixed 
and mobile 5G trials with Qualcomm and Ericsson. The Commission notes 
that the existing PFD limits for satellite signals were designed to 
protect fixed systems. Another use case is IoT devices, which Boeing 
did not specifically consider. By one informed estimate, the IoT market 
could grow from an installed base of 15.4 billion devices in 2015 to 
30.7 billion devices in 2020 and 75.4 billion in 2025. The most salient 
issue, however, is not the sheer number of IoT devices that are likely 
but the plethora of designs being developed.
    122. Boeing's analysis proposes to impose limits on equivalent 
power-flux density (EPFD) instead of PFD on the ground. EPFD limits 
have been used in the Commission's rules to address the interference 
from NGSO FSS systems to GSO space stations as well as to earth 
stations receiving from such space stations. In these situations, the 
pointing direction of the interfered-with earth station antenna is 
fixed, the antenna pattern of the earth station is known, and the radio 
propagation conditions can be approximated by line of sight 
propagation. By contrast, UMFUS receivers use phased array antennas to 
dynamically form beams in the direction of the transmitter over the 
relative path of motion, and the received signals are generally subject 
to multipath propagation conditions. Boeing's analysis addressed the 
dynamic nature of UMFUS beamforming by modeling the random pointing of 
UMFUS antennas while using a 3GPP-suggested antenna pattern, and Boeing 
also presented computer simulation results for multipath environments 
in nine cities. Boeing's computer simulations illustrate the complexity 
of characterizing the interference performance of these systems and, 
even if the Commission was to adopt EPFD-based limits, additional work 
would be required. Furthermore, UMFUS receivers are in

[[Page 54]]

the early stage of development and have not yet been manufactured for 
deployment. Any EPFD limit set at this time based on a 3GPP-suggested 
antenna pattern may limit the future development of antenna reception 
technology for known applications or for applications that have not 
even been conceived.
    123. Boeing has made a good faith effort to model a broadly 
representative range of UMFUS devices and pointing conditions, but at 
this nascent stage of the technology it would be impossible to capture 
all variants of UMFUS use cases that could yet emerge. Under these 
circumstances, Boeing and others have not yet met the burden of proving 
that they can strengthen their satellite signals during rain storms 
without interfering with terrestrial systems in the 37.5-40 GHz band. 
Accordingly, the Commission will not make any changes to Sec.  
25.208(q) or (r) of its rules.
2. Authorizing Satellite User Equipment
    124. The Commission finds that allowing satellite earth stations in 
the 37.5-40 GHz band has the potential to result in a negative customer 
experience for satellite broadband consumers. It is true that no earth 
stations in the 37.5-40 GHz band will generate any direct interference 
because earth stations operate in a receive-only mode in that band, 
where satellite operations are authorized only in a space-to-Earth 
mode. In general, however, consumer earth stations tend to need 
stronger satellite signals than larger, more sophisticated gateway 
earth stations. The Commission has denied Boeing's request for 
increased power levels at this time, but Boeing could renew its 
request. If the Commission allowed satellite user equipment to use 
37.5-40 GHz on an opportunistic basis, but the buildout of terrestrial 
systems eventually required FSS operators to relinquish their use of 
channels below 40 GHz, customers could experience a reduction in 
service quality. The Commission does not agree with Boeing's argument 
that consumers could simply narrow their usage to bands above 40 GHz, 
where satellite is primary. If it is true, as Boeing argues, that 
additional bandwidth below 40 GHz is necessary to provide adequate 
high-speed internet service to consumers, then surely those same 
consumers would experience a decline in the quality of their services 
if they were required to relinquish those channels. Alternatively, if 
those consumers would not experience a decline in the quality of their 
service upon relinquishing channels below 40 GHz, the implication is 
that those channels are not necessary for the delivery of high-quality 
satellite service.
    125. The Commission agrees with Boeing that satellites could 
complement terrestrial services by providing assured coverage to rural 
areas, and it acknowledges that mmW mobile services will likely appear 
first in high-traffic areas. Recent developments, however, suggest that 
the same technologies that will support non-line-of-sight service to 
mobile users over short distances will also be able to support non-
line-of-sight service to fixed users over longer distances. For 
example, Starry says that it can provide fixed mmW service to consumers 
at distances up to 1 kilometer. However, the Commission finds that FSS 
proponents have not met their burden of demonstrating that allowing 
satellite end user devices in 37.5-40 GHz is necessary and appropriate. 
FSS will retain the 40-42 GHz band where satellite end user devices can 
be located without restriction. In addition, FSS can use the 37.5-40 
GHz band for a limited number of individually licensed earth stations. 
The Commission believes this framework promotes efficient spectrum use 
while providing both UMFUS and FSS with the opportunity to provide 
service.

E. Performance Requirements--Non-Federal Use-or-Share

    126. The Commission declines to adopt any use or share regime for 
any of the part 30 bands at this time. This only addresses use-or-share 
between non-Federal licensees. The Commission's decision here does not 
limit or prejudge any actions it may take concerning sharing mechanisms 
with Federal users in shared bands. Furthermore, the Commission's 
decision herein does not encompass the Lower 37 GHz Band, either 
between Federal and non-Federal users or between non-Federal users.
    127. The record reflects a lack of consensus on whether to adopt a 
use-or-share approach in the subject bands, and even among those who 
support the concept, on what specific use-or-share regime would best 
serve the public interest here. In any event, the Commission's 
assessment of the record leads us to conclude that the case has not 
been made that any one of the proposed variants of a use-or-share 
regime is likely to yield significant benefits. In contrast, commenters 
opposing implementation of a use-or-share regime in the subject bands 
have convinced us that whatever the speculative benefits may be, they 
are greatly outweighed by the likelihood that a use-or-share approach 
will discourage investment and delay deployment in these bands.
    128. In particular, administering the shared areas would appear to 
be overly burdensome, whether that burden fell on the Commission, the 
licensee, or the incoming shared users. The Commission notes the burden 
would be particularly high in mmW bands, given the very large number of 
possible deployments due to the limited propagation in these bands. 
Moreover, potential business models in these bands might not 
necessarily blanket large portions of the geography or population in 
the licensed areas during the initial term. Some commenters indicated 
cautious support for a use-or-share mechanism that would enable the 
licensee to ``claw back'' previously-shared spectrum if their future 
expansion required it, but such clawing back would be difficult to 
execute in practical terms, and would necessarily cause disruption to 
the operations of the shared users, potentially including customers 
among the public. Any SAS the Commission adopted to administer this 
system would face all the challenges it has discussed in other 
contexts, including difficulty defining appropriate terms and equitably 
distributing the cost of establishing and maintaining it. The 
Commission would also be risking significant delays in deployment of 
mmW networks during the time required to address these concerns.
    129. Discouraging investment is also a serious consideration. A 
prospective licensee purchases rights to a defined area, subject to a 
defined license term with defined buildout requirements at the end of 
it, which are calculated to be reasonably achievable within that 
timeframe. Prospective licensees plan their auction bids with these 
specifications in mind. A use-or-share regime divorced from buildout 
requirements, which opened up the entire portion of the license area 
not in actual use by the licensee on some date, would undermine this 
system and introduce uncertainty and instability into the auction 
process. Given the record on this issue, the Commission finds that 
imposing a use-or-share regime at this time would discourage 
investment. The Commission believes its concerns are particularly 
relevant in these bands given the nascent state of technology and the 
potential scale and cost of deployments.
    130. Given the well-documented challenges that would accompany the 
adoption of a use-or-share regime, the Commission would need a clear 
showing of benefits from a use-or-share regime in order to adopt such a 
regime. No such showing has been made here.

[[Page 55]]

In the 3.5 GHz band, the part 96 SAS-based system provides a form of 
use-or-share. The UMFUS bands that the Commission has established so 
far generally do not have similar incumbent or Federal coordination 
issues. Although some commenters argue that use-or-share would increase 
the efficiency of spectrum use in UMFUS bands, any such increase would 
require both entities willing and able to take advantage of such a 
regime, and a mechanism to be in place, while also preserving 
licensees' rights.
    131. The difficulty of crafting such a balanced mechanism is 
discussed above. In the matter of willing entities, the Commission 
notes that those commenters supporting use-or-share do not agree on how 
such a regime should be structured; all others who commented are 
opposed. With regard to the comments from Inmarsat and O3b, the 
Commission does not believe that a use-or-share regime that is useful 
only to the satellite industry, at the cost of complicating terrestrial 
deployment, is in the public interest. The use-or-share concept was 
proposed as a way to encourage additional flexible use of the UMFUS 
bands. That goal certainly encompasses additional sharing opportunities 
for satellite operators, but not to the extent that it impedes 
terrestrial deployment. Sharing mechanisms that will allow satellite 
operators to coexist with terrestrial licensees in the UMFUS bands have 
already been established, and will continue to be refined.
    132. The Commission also rejects O3b's argument that a use-or-share 
regime is required by the Communications Act. The Communications Act 
requires us to ``include performance requirements, such as appropriate 
deadlines and penalties for performance failures, to ensure prompt 
delivery of service to rural areas, to prevent stockpiling or 
warehousing of spectrum by licensees or permittees, and to promote 
investment in and rapid deployment of new technologies and services.'' 
The Commission has, in fact, included performance requirements in its 
regulations for the new UMFUS bands. Those requirements include 
appropriate deadlines and penalties for performance failures. The 
Commission has promulgated similarly-structured requirements in other 
bands and services. The Commission has designed the current performance 
requirements for UMFUS to balance encouraging deployment of potentially 
novel services with ensuring accountability in terms of actually 
providing service, and it is satisfied that its requirements meet the 
requirements of the Communications Act.
    133. Wi-Fi Alliance and Intel both suggested that given the 
difficulties of implementing a use-or-share regime, the best 
alternative to exclusive geographic area licensing is unlicensed 
spectrum. The Commission agrees. Unlicensed spectrum provides the low 
barriers to entry that can encourage innovative business models, while 
not undermining the substantial investments of which more established 
operators are capable. Given that the Commission has already made 
available a full 14 gigahertz of unlicensed spectrum in the mmW bands, 
it does not believe that it is in the public interest to complicate 
terrestrial deployment in the UMFUS bands.

F. Digital Station Identification

    134. The Commission declines to require mmW band licensees or 
operators to transmit digital identifiers. The record provides 
insufficient support for the adoption of digital ID requirements for 
these mmW bands, particularly if the Commission was to specify a 
particular format. In particular, commenters have pointed out that 
treatment of interference in these mmW bands would differ from how the 
Commission handles similar issues in most other wireless bands if the 
Commission were to require transmission of digital ID. The Commission 
observes that characteristics of the mmW bands at issue in the Report 
and Order and in the Second R&O make the occurrence of interference 
less likely in the first instance, relative to other bands. Licensees 
and operators in the bands being authorized generally will use short-
distance transmissions, creating more potential for spectrum reuse by 
multiple licensees in one area and generally limiting the location of 
an interfering party to a relatively small area. Further, ``pencil-
beam'' signal characteristics and other technologies being developed 
specifically for these bands should also make it easier for operations 
to co-exist in the same vicinity without causing interference to one 
another. The Commission acknowledges the important role of the agency 
in identifying and locating devices that cause harmful interference, 
but it finds that it is unnecessary and unsupported in the case of 
these mmW bands to adopt a digital ID requirement.

G. Technical Issues

1. Antenna Height
    135. Based on the record, the Commission declines to adopt antenna 
height limits. The Commission agrees with 5G Americas and Qualcomm that 
there may be uses in these bands that could require higher antenna 
heights. The Commission also agrees that licensees are in the best 
position to determine their network configuration and when antenna 
downtilt is necessary. The Commission finds that the comments in 
support of adopting antenna height limits and corresponding power 
reductions have failed to demonstrate that limits are necessary to 
avoid interference. The supporters of antenna height limits have not 
provided any engineering analysis or examples of deployments supporting 
the need for antenna height limits. In the absence of a clear showing 
that antenna and power limits are necessary, the Commission believes 
that it should minimize regulatory burdens and maximize flexibility for 
licensees to deploy diverse systems and to coordinate with adjacent 
licensees to avoid interference.
    136. While Samsung and T-Mobile argue that adopting antenna height 
restrictions would be consistent with how other wireless technology 
services are regulated, antenna height limits do not apply to all part 
27 radio services. For instance, the 305 meter threshold limitation 
does not apply to the Advanced Wireless Services (AWS), the Broadband 
Radio Service (BRS), or the Educational Broadband Service (EBS). The 
Commission also notes that antenna height thresholds and corresponding 
power reductions primarily apply to lower frequency bands, while higher 
frequency bands generally do not have such limits.
    137. The Commission agrees with Boeing that there is an increased 
likelihood of clear line of sight conditions as the base station tower 
height increases. As 5G Americas and Qualcomm note, however, service 
providers also may operate facilities in these bands that require line 
of sight operations hundreds of meters above ground level. The 
Commission does not want to adopt rules that would unnecessarily 
restrict licensee's flexibility to deploy diverse systems. Further, as 
5G Americas notes, licensees can work together coordinating height of 
facilities, beam tilt and angular discrimination as needed to protect 
each other in the same market, and meet the power levels at a given 
border to protect adjacent service. In the absence of clear evidence 
that PFD limits and licensee to licensee coordination are insufficient 
to prevent interference, the Commission concludes that additional 
regulatory requirements are not necessary.
    138. Finally, while Starry asks that specific language be added to 
part 27

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rules to account for the variations in technical characteristics 
between mmW and low band spectrum, it has not provided sufficient 
detail or an explanation of what this proposed language should include. 
For the reasons noted above, the Commission declines to adopt antenna 
height thresholds and corresponding power reductions.
2. Coordination Criteria at Market Borders for Fixed Point-to-Point 
Operations
    139. The Commission declines to revise the coordination criteria 
for point-to-point operations. While the Commission appreciates 
Nextlink's and Starry's efforts to develop alternative coordination 
criteria, no party has identified any concrete defect or problem with 
the existing coordination criteria. While it is true that the 
Commission has established smaller license areas in these bands, no 
showing has been made that changes in coordination criteria are needed 
to accommodate those smaller license areas. Indeed, T-Mobile believes 
the existing criteria work well. Furthermore, under Nextlink's and 
Starry's proposals, applicants would have to conduct an engineering 
analysis in order to determine whether a link needed to be coordinated. 
The Commission does not believe the benefit of having to avoid 
coordination in certain circumstances justifies requiring applicants to 
do an engineering analysis to identify whether links require 
coordination. The existing rules provide clear standards that licensees 
can readily apply to determine when coordination is needed.
    140. Another problem with the Nextlink and Starry proposals is that 
they are not supported by the technical analysis requested in the 
FNPRM. Starry's proposal lacks specific details as to how the contour 
zone would be calculated, what protection threshold would be provided 
within the contour zone, or how the 50-meter height was derived. 
Because of the lack of details in Starry's proposal, the Commission is 
not able to determine whether it would adequately mitigate interference 
and therefore cannot adopt it. Nextlink's proposal, while more 
developed than Starry's, also was not supported with technical analysis 
that describes how their method would ensure adequate mitigation of 
interference between adjacent area licensees. Specifically, Nextlink's 
methodology appears to assume that the signal level produced by a 
transmitter operating at maximum EIRP oriented directly at the market 
border, taking into account free space loss at 20 km, will not cause 
interference to adjacent licensees. This may not be the case. Given the 
lack of technical analysis and the failure to demonstrate a need for 
revised criteria, the Commission concludes that retaining the existing 
coordination criteria at market borders for fixed point-to-point 
operations is most appropriate.
3. Minimum Bandwidth for Given BS/MS/Transportable Transmit Power 
Levels
    141. At this time, the Commission maintains its current power limit 
rules for mobile and transportable classes without scaling. While the 
Commission recognizes that power scaling can potentially help limit 
interference among UMFUS providers and other services using these 
bands, it also recognizes that there are other methods that can help 
limit interference, such as power control. Furthermore, UMFUS providers 
have an incentive to maintain a balanced power spectral density among 
all their network components if they wish to avoid interference within 
their own networks. The Commission agrees with Nextlink and Qualcomm 
that at this nascent stage of 5G technological development establishing 
power scaling factors could inadvertently preclude some yet-to-be-
developed use cases and prematurely constrain development of the next 
generation of devices.
    142. The Commission declines to establish a minimum bandwidth 
requirement because there is no need for such a requirement and 
establishing such a requirement could accidentally preclude uses of 
this spectrum. These bands can facilitate data exchange for a great 
number of devices embedded with electronics, software, sensors, and 
actuators (e.g., IoT). Different types of devices may have 
significantly different bandwidth requirements. For example, a utility 
meter that exchanges data on monthly or even daily bases requires far 
less bandwidth than a live video streaming device monitoring an inter. 
Given the early stage of 5G technological development, the Commission 
chose not to impose a regulatory requirement and provide equipment 
developers with flexibility to design equipment to meet market needs. 
Consequently, the Commission will not adopt a minimum bandwidth for 
UMFUS devices.
4. Sharing Analysis and Modeling
    143. The Commission will remain flexible with respect to the 
appropriate propagation model to apply when analyzing sharing in the 
mmW bands. As many commenters pointed out, the appropriate sharing 
model at mmW frequencies will depend on the particular sharing 
environment, including whether the interference path is terrestrial, 
air-to-ground or space-to-ground, as well as the technologies deployed. 
As a general principle, the Commission concurs with the commenters who 
support models and scenarios that consider a statistical probability of 
interference based on deployment, propagation, and usage scenarios as 
opposed to a worse case approach.

V. Procedural Matters

    144. As required by the Regulatory Flexibility Act of 1980 (RFA), 
the Commission has prepared a Final Regulatory Flexibility Analysis 
(FRFA) and a Supplementary Final Regulatory Flexibility Analysis 
(Supplemental FRFA) of the possible significant economic impact on 
small entities of the policies and rules adopted in the Second Report 
and Order and Order on Reconsideration. The analysis associated with 
the policies and rules in Second Report and Order are contained in the 
FRFA, and the Supplemental FRFA contains the analysis associated with 
the policies and rules in Order on Reconsideration.

VI. Final Regulatory Flexibility Analysis

A. Need for, and Objectives of, the Final Rules

    145. In the Second R&O, the Commission increases the Nation's 
supply of spectrum for mobile broadband by adopting rules for fixed and 
mobile services in the 24.25-24.45 GHz and 24.75-25.25 GHz band (24 GHz 
band), and the 47.2-48.2 GHz band. The Commission includes these bands 
in the part 30 UMFUS. This additional spectrum for mobile use will help 
ensure that the speed, capacity, and ubiquity of the nation's wireless 
networks keeps pace with the skyrocketing demand for mobile service. It 
will also make possible new types of services for consumers and 
businesses. The Commission will award PEA-based licenses for these 
bands to best balance the needs of large and small carriers, with 
partitioning available for the 24 GHz band.
    146. Until recently, the mmW bands were generally considered 
unsuitable for mobile applications because of propagation losses at 
such high frequencies and the inability of mmW signals to propagate 
around obstacles. As increasing congestion has begun to fill the lower 
bands and carriers have resorted to smaller and smaller

[[Page 57]]

microcells in order to re-use the available spectrum, however, industry 
is taking another look at the mmW bands and beginning to realize that 
at least some of its presumed disadvantages can be turned to advantage. 
For example, short transmission paths and high propagation losses can 
facilitate spectrum re-use in microcellular deployments by limiting the 
amount of interference between adjacent cells. Furthermore, where 
longer paths are desired, the extremely short wavelengths of mmW 
signals make it feasible for very small antennas to concentrate signals 
into highly focused beams with enough gain to overcome propagation 
losses. The short wavelengths of mmW signals also make it possible to 
build multi-element, dynamic beam-forming antennas that will be small 
enough to fit into handsets--a feat that might never be possible at the 
lower, longer-wavelength frequencies below 6 GHz where cell phones 
operate.
    147. The Commission also revises its rules for sharing between 
UMFUS and satellite services in the 28 GHz, 39 GHz, and 37 GHz bands, 
and apply the revised rules to the 47 GHz band. Specifically, the 
Commission revises the population limits and numerical limits on 
satellite earth stations in those bands. These revisions will 
facilitate the placement of earth stations in smaller markets and 
promote coexistence between UMFUS and satellite services.
    148. The Commission further revises its rules for the 57-71 GHz 
band to allow unlicensed operation on board aircraft under part 15 of 
the Commission's rules. This rule change will facilitate expanded 
access to broadband services in flight.
    149. Overall, the new provisions the Commission is adopting are 
designed to allow licensees, particularly smaller entities, to choose 
their type of service offerings, to encourage innovation and investment 
in mobile and fixed use in this spectrum, and to provide a stable 
regulatory environment in which fixed, mobile, and satellite deployment 
will be able to develop through the application of flexible rules. The 
market-oriented licensing framework for these bands will ensure that 
this spectrum is efficiently utilized and will foster the development 
of new and innovative technologies and services, as well as encourage 
the growth and development of a wide variety of services, ultimately 
leading to greater benefits to consumers.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    150. No comments were filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    151. 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.

D. Description and Estimate of the Number of Small Entities To Which 
the Final Rules Will Apply

    152. The RFA directs agencies to provide a description of, and 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and policies, if adopted 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 
SBA.
    153. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. The Commission's action may, over time, affect small 
entities that are not easily categorized at present. The Commission 
therefore describes here, at the outset, three broad groups of small 
entities that could be directly affected herein. First, while there are 
industry specific size standards for small businesses that are used in 
the regulatory flexibility analysis, according to data from the SBA's 
Office of Advocacy, in general a small business is an independent 
business having fewer than 500 employees. These types of small 
businesses represent 99.9 percent of all businesses in the United 
States, which translates to 28.8 million businesses. Next, the type of 
small entity described as a ``small organization'' is generally ``any 
not-for-profit enterprise which is independently owned and operated and 
is not dominant in its field.'' Nationwide, as of 2007, there were 
approximately 1,621,215 small organizations. Finally, the small entity 
described as a ``small governmental jurisdiction'' is defined generally 
as ``governments of cities, towns, townships, villages, school 
districts, or special districts, with a population of less than fifty 
thousand.'' U.S. Census Bureau data published in 2012 indicate that 
there were 89,476 governmental jurisdictions in the United States. The 
Commission estimates that, of this total, as many as 88,761 entities 
may qualify as ``small governmental jurisdictions.'' Thus, the 
Commission estimates that most governmental jurisdictions are small.
    154. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees and 12 had employment of 1,000 employees or 
more. Thus, under this category and the associated size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities.
    155. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the UMFUS and the mmW Service where 
licensees can choose between common carrier and non-common carrier 
status. At present, there are approximately 66,680 common carrier fixed 
licensees, 69,360 private and public safety operational-fixed 
licensees, 20,150 broadcast auxiliary radio licensees, 411 LMDS 
licenses, 33 24 GHz DEMS licenses, 777 39 GHz licenses, and five 24 GHz 
licenses, and 467 mmW licenses in the microwave services. The 
Commission has not yet defined a small business with respect to 
microwave services. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite) and the appropriate size 
standard for this category under SBA

[[Page 58]]

rules is that such a business is small if it has 1,500 or fewer 
employees. For this industry, U.S. Census Bureau data for 2012 shows 
that there were 967 firms that operated for the entire year. Of this 
total, 955 had employment of 999 or fewer, and 12 firms had employment 
of 1,000 employees or more. Thus, under this SBA category and the 
associated standard, the Commission estimates that the majority of 
fixed microwave service licensees can be considered small.
    156. The Commission does not have data specifying the number of 
these licensees that have more than 1,500 employees, and thus is unable 
at this time to estimate with greater precision the number of fixed 
microwave service licensees that would qualify as small business 
concerns under the SBA's small business size standard. Consequently, 
the Commission estimates that there are up to 36,708 common carrier 
fixed licensees and up to 59,291 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services that 
may be small and may be affected by the rules and policies adopted 
herein. The Commission notes, however, that both the common carrier 
microwave fixed and the private operational microwave fixed licensee 
categories includes some large entities.
    157. Satellite Telecommunications and All Other Telecommunications. 
This category comprises firms ``primarily engaged in providing 
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.'' The category has a small 
business size standard of $32.5 million or less in average annual 
receipts, under SBA rules. For this category, U.S. Census Bureau data 
for 2012 shows that there were a total of 333 firms that operated for 
the entire year. Of this total, 299 firms had annual receipts of less 
than $25 million. Consequently, the Commission estimates that the 
majority of satellite telecommunications providers are small entities.
    158. All Other Telecommunications. The ``All Other 
Telecommunications'' category is comprised of establishments 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.'' 
The SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census Bureau data for 2012 shows that there were a total of 1442 firms 
that operated for the entire year. Of these firms, a total of 1400 
firms had gross annual receipts of under $25 million and 42 firms had 
gross annual receipts of $25 million to $49,999,999. Thus, the 
Commission estimates that a majority of ``All Other 
Telecommunications'' firms potentially affected by its actions can be 
considered small.
    159. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. 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 established a size standard for 
this industry of 1,250 employees or less. U.S. Census Bureau data for 
2012 shows that 841 establishments operated in this industry in that 
year. Of that number, 828 establishments operated with fewer than 1,000 
employees, 7 establishments operated with between 1,000 and 2,499 
employees and 6 establishments operated with 2,500 or more employees. 
Based on this data, the Commission concludes that a majority of 
manufacturers in this industry is small.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    160. The projected reporting, recordkeeping, and other compliance 
requirements in the Second Report and Order will apply to all entities 
in the same manner. The revisions the Commission adopts should benefit 
small entities by giving them more information, more flexibility, and 
more options for gaining access to wireless spectrum.
    161. Small entities and other applicants for UMFUS licenses will be 
required to file license applications using the Commission's automated 
Universal Licensing System (ULS). ULS is an online electronic filing 
system that also serves as a powerful information tool, one that 
enables potential licensees to research applications, licenses, and 
antenna structures. It also keeps the public informed with weekly 
public notices, FCC rulemakings, processing utilities, and a 
telecommunications glossary. Small entities, like all other entities 
who are UMFUS applicants, must submit long-form license applications 
must do so through ULS using Form 601, FCC Ownership Disclosure 
Information for the Wireless Telecommunications Services using FCC Form 
602, and other appropriate forms.
    162. The Commission expects that the filing, recordkeeping and 
reporting requirements associated with the demands described above will 
require small businesses as well as other entities that intend to 
utilize these new UMFUS licenses to use professional, accounting, 
engineering or survey services in order to meet these requirements. As 
described below, several steps have been taken that will alleviate the 
burdens of the requirements on small businesses.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    163. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching 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 or reporting requirements under the rule for 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 small 
entities.
    164. As noted above, the various construction and performance 
requirements and their associated showings will be the same for small 
and large businesses that license the UMFUS bands. To the extent 
applying the rules equally to all entities results in the cost of 
complying with these burdens being relatively greater for smaller 
businesses than for large ones, these costs are necessary to effectuate 
the purpose of the Communications Act, namely to further the efficient 
use of spectrum and to prevent spectrum warehousing.

[[Page 59]]

Likewise compliance with the Commission's service and technical rules 
and coordination requirements are necessary for the furtherance of its 
goals of protecting the public while also providing interference free 
services. Moreover, while small and large businesses must equally 
comply with these rules and requirements, the Commission has taken the 
steps described below to alleviate the burden on small businesses that 
seek to comply with these requirements.
    165. First, the Second Report and Order provides that in the 24 GHz 
and 47.2-48.2 GHz bands small businesses will have the flexibility to 
provide any fixed or mobile service that is consistent with their 
spectrum allocation. This breaks with the recent past in which 24 GHz 
licensees were limited to only a single use licenses in these bands, 
and such new flexibility benefits small businesses by giving them more 
avenues for gaining access to valuable wireless spectrum.
    166. Furthermore, the PEA license areas chosen in the Second Report 
and Order should provide spectrum access opportunities for smaller 
carriers by giving them access to less densely populated areas that 
match their footprints. While PEAs and counties are small enough to 
provide spectrum access opportunities for smaller carriers and PEAs 
could even be further disaggregated, these units of area also nest 
within and may be aggregated to form larger license areas. Therefore, 
the benefits and burdens resulting from assigning spectrum in PEA are 
the result of the Commission balancing the needs of small and large 
businesses.
    167. Finally, the proposals to facilitate satellite service in the 
28 GHz and 37.5-40 GHz bands should also assist small satellite 
businesses by providing them with additional flexibility to locate 
their earth stations without causing interference to or receiving 
interference from UMFUS licensees.

G. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Final Rules

    168. None.

VII. Supplementary Final Regulatory Flexibility Act Analysis

A. Need for, and Objective of, the Final Rules

    169. In the July 2016 R&O, the Commission made mmW spectrum 
available through both licensed and unlicensed mechanisms. The 
Commission authorized both fixed and mobile operations in the 28 GHz 
and 39 GHz bands using geographic area licensing through the creation 
of a new UMFUS. The Commission also limited the number of FSS earth 
station locations to three per county in the 28 GHz band and three per 
PEA in the 37.5-40 GHz band. It protected a limited number of Federal 
military sites across the full 37 GHz band and maintained the existing 
Federal fixed and mobile allocations throughout the band. In the 64-71 
GHz band, the Commission authorized unlicensed operations under part 15 
based on the rules for the adjacent 57-64 GHz band, providing more 
spectrum for unlicensed uses like short-range devices for interactive 
motion sensing and Wi-Fi-like ``WiGig'' operations.
    170. The Commission also set up licensing and operating rules for 
the UMFUS. It granted mobile operating rights to existing LMDS and 28 
GHz band licensees, while subdividing their existing licensees to 
either the county or PEA level. The Commission adopted service and 
technical rules to facilitate full and complete use of the bands. It 
also adopted spectrum holdings policies for the 28GHz, 37 GHz, and 39 
GHz bands that apply to licenses acquired through auctions and the 
secondary market. It also adopted performance requirements for mobile, 
point-to-multipoint, and fixed uses. The Commission adopted a 
requirement that UMFUS licensees submit a statement describing their 
security plans and related information prior to commencing operations. 
It also restricted earth station interference zones from infringing 
upon any arterial streets or interstate or U.S. highway. Lastly, it 
deleted the broadcasting and broadcasting-satellite service allocations 
from the 42-42.5 GHz band (42 GHz band) and declined to allocate the 
band to the FSS (space-to-Earth).
    171. In this Order on Reconsideration, the Commission rescinds the 
reporting and security requirements for UMFUS licensees. Instead, the 
Commission seeks industry input through the CSRIC process. The 
Commission will also provide additional flexibility in smaller markets. 
The Commission modifies and limit the prohibition of earth station 
interference zones from infringing on a specific set of roads, as 
defined and classified by the U.S. Department of Transportation: 
Interstate, Other Freeways and Expressways, or Other Principal 
Arterial. Finally, the Commission increases the three locations per 
license area limit on earth stations in the 37.5-40 GHz band to 15 in 
each PEA, subject to an additional limitation of no more than three 
earth stations per county.
    172. The analysis of the Commission's efforts to minimize the 
possible significant economic impact on small entities as described in 
the previous FRFA in this proceeding is hereby incorporated into this 
FRFA. As a result of the Commission's actions in this Order on 
Reconsideration small entities as well as other licensees will save 
time and resources that would have been spent complying with the 
service and technical rules. The cost of compliance with the July 2016 
R&O is relatively greater for smaller businesses, however with the 
rescission of the security measures, some of that compliance cost is 
eliminated. The Commission believes this should result in small 
businesses having an easier time providing service.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    173. No comments were filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    174. 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 of the Small Business Administration (SBA), and to 
provide a detailed statement of any change made to the proposed rule(s) 
as a result of those comments
    175. The Chief Counsel did not file any comments in response to the 
proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Would Apply

    176. The RFA directs agencies to provide a description of, and 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and policies, if adopted 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 
SBA.
    177. As noted above, a FRFA was incorporated into the July 2016 
R&O. In that analysis, the Commission described

[[Page 60]]

in detail the small entities that might be significantly affected by 
the rules adopted in the R&O. In this Order on Reconsideration, the 
Commission hereby incorporates by reference the descriptions and 
estimates of the number of small entities from the previous FRFA in 
this proceeding.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    178. The reporting, recordkeeping and other compliance requirements 
for small entities required by the July 2016 R&O as described in the 
previous FRFA in this proceeding is hereby incorporated into this FRFA. 
The actions taken in this Order on Reconsideration revise those 
requirements by no longer requiring small entities as well as other 
licensees to submit general statements of their plans for safeguarding 
their networks and devices from security breaches. The changes to the 
Earth station siting requirement will not change the reporting and 
recordkeeping requirements applicable to the rules.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    179. The RFA requires an agency to describe any significant, 
specifically small business, alternatives, that it has considered in 
reaching 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 or 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) and exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    180. The analysis of the Commission's efforts to minimize the 
possible significant economic impact on small entities as described in 
the previous FRFA in this proceeding is hereby incorporated into this 
FRFA. As a result of the Commission's actions in this Order on 
Reconsideration small entities as well as other licensees will save 
time and resources that would have been spent complying with the 
security reporting requirement. The Commission believes this should 
result in small businesses having an easier time providing service. The 
changes to the Earth station limits from three per PEA to 15 per PEA 
should increase competition and allow more opportunities for small 
businesses.

G. Report to Congress

    181. The Commission will send a copy of this Order, including this 
Supplemental FRFA, in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. In addition, the 
Commission will send a copy of this Order, including the Supplemental 
FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of this Order and Supplemental FRFA (or 
summaries thereof) will also be published in the Federal Register.

VIII. Ordering Clauses

    182. It is ordered, pursuant to the authority found in sections 1, 
2, 3, 4, 5, 7, 301, 302, 302a, 303, 304, 307, 309, and 310 of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 153, 154, 155, 157, 
301, 302, 302a, 303, 304, 307, 309, and 310, Section 706 of the 
Telecommunications Act of 1996, as amended, 47 U.S.C. 1302, and Sec.  
1.411 of the Commission's rules, 47 CFR 1.411, that this Second Report 
and Order, Second Further Notice of Proposed Rulemaking, Order on 
Reconsideration, and Memorandum Opinion and Order is hereby adopted.
    183. It is further ordered that the provisions and requirements of 
this Second Report and Order, Second Further Notice of Proposed 
Rulemaking, Order on Reconsideration, and Memorandum Opinion and Order 
and the rules adopted herein will become effective February 1, 2018, 
except for those provisions which will become effective January 2, 
2018, and 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 and will 
become effective after the Commission publishes a notice in the Federal 
Register announcing such approval and the relevant effective date.
    184. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Second Report and Order, Second Further Notice of Proposed 
Rulemaking, Order on Reconsideration, and Memorandum Opinion and Order, 
including the Final, Supplemental Final, and Initial Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    185. It is further ordered that the Commission shall send a copy of 
the Report and Order to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

List of Subjects in 47 CFR Parts 1, 2, 15, 25, 30, and 101

    Communications common carriers, Communications equipment, Reporting 
and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 15, 25, 30, and 101 
as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 
225, 227, 303, 309, 332, 1403, 1404, 1451, 1452, and 1455.


0
2. Section 1.901 is revised to read as follows:


Sec.  1.901  Basis and purpose.

    The rules in this subpart are issued pursuant to the Communications 
Act of 1934, as amended, 47 U.S.C. 151 et seq. The purpose of the rules 
in this subpart is to establish the requirements and conditions under 
which entities may be licensed in the Wireless Radio Services as 
described in this part and in parts 13, 20, 22, 24, 27, 30, 74, 80, 87, 
90, 95, 96, 97, and 101 of this chapter.

0
3. Section 1.902 is revised to read as follows:


Sec.  1.902  Scope.

    In case of any conflict between the rules set forth in this subpart 
and the rules set forth in parts 13, 20, 22, 24, 27, 30, 74, 80, 87, 
90, 95, 96, 97, and 101 of title 47, chapter I of the Code of Federal 
Regulations, the rules in this part shall govern.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
4. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
5. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Pages 54 and 59 are revised.

[[Page 61]]

0
b. In the list of non-Federal Government (NG) Footnotes, footnote NG65 
is added.
    The revisions and addition read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P
[GRAPHIC] [TIFF OMITTED] TR02JA18.002


[[Page 62]]


[GRAPHIC] [TIFF OMITTED] TR02JA18.003

BILLING CODE 6712-01-C
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG65 In the band 47.2-48.2 GHz, stations in the fixed and mobile 
services may not claim protection from individually licensed earth 
stations authorized pursuant to 47 CFR 25.136. However, nothing in this 
footnote shall limit the right of UMFUS licensees to operate in 
conformance with the technical rules contained in 47 CFR part 30. The 
Commission reserves the right to monitor developments and to undertake 
further action concerning

[[Page 63]]

interference between UMFUS and FSS, including aggregate interference to 
satellite receivers, if appropriate.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

0
6. The authority citation for part 15 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303(r), 304, 307, 336, 544a, 
and 549.

0
7. Amend Sec.  15.255 by revising paragraph (a)(1), redesignating 
paragraphs (b) through (h) as paragraphs (c) through (i), adding new 
paragraph (b), and revising newly redesignated paragraphs (c)(1)(ii)(A) 
and (c)(3) to read as follows:


Sec.  15.255  Operation within the band 57-71 GHz.

    (a) * * *
    (1) Equipment used on satellites.
* * * * *
    (b) Operation on aircraft is permitted under the following 
conditions:
    (1) When the aircraft is on the ground.
    (2) While airborne, only in closed exclusive on-board communication 
networks within the aircraft, with the following exceptions:
    (i) Equipment shall not be used in wireless avionics intra-
communication (WAIC) applications where external structural sensors or 
external cameras are mounted on the outside of the aircraft structure.
    (ii) Equipment shall not be used on aircraft where there is little 
attenuation of RF signals by the body/fuselage of the aircraft. These 
aircraft include, but are not limited to, toy/model aircraft, unmanned 
aircraft, crop-spraying aircraft, aerostats, etc.
    (c) * * *
    (1) * * *
    (ii) * * *
    (A) The provisions in this paragraph (c) for reducing transmit 
power based on antenna gain shall not require that the power levels be 
reduced below the limits specified in paragraph (c)(1)(i) of this 
section.
* * * * *
    (3) For fixed field disturbance sensors other than those operating 
under the provisions of paragraph (c)(2) of this section, and short-
range devices for interactive motion sensing, the peak transmitter 
conducted output power shall not exceed -10 dBm and the peak EIRP level 
shall not exceed 10 dBm.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
8. 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
9. Amend Sec.  25.130 by revising paragraph (b) and the note to 
paragraph (g) to read as follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

* * * * *
    (b)(1) Applicants for earth stations transmitting in frequency 
bands shared with equal rights between terrestrial and space services 
must provide a frequency coordination analysis in accordance with Sec.  
25.203(b), and must include any notification or demonstration required 
by any other relevant provision in Sec.  25.203.
    (2) Applicants for user transceiver units associated with the NVNG 
MSS must provide the information required by Sec.  25.135.
    (3) Applicants for 1.6/2.4 GHz MSS user transceivers must 
demonstrate that the transceivers will operate in compliance with 
relevant requirements in Sec.  25.213.
    (4) Applicants for earth stations licensed in accordance with Sec.  
25.136 must demonstrate that the transmitting earth stations will meet 
the relevant criteria specified in that, including any showings 
required under Sec.  25.136(a)(4), (c), and/or (d)(4).
* * * * *
    (g) * * *
    Note 1 to paragraph (g): This paragraph does not apply to 
applications for blanket-licensed earth station networks filed pursuant 
to Sec.  25.115(c) or Sec.  25.218; applications for conventional Ka-
band hub stations filed pursuant to Sec.  25.115(e); applications for 
NGSO FSS gateway earth stations filed pursuant to Sec.  25.115(f); 
applications for individually licensed earth stations filed pursuant to 
Sec.  25.136; applications filed pursuant to Sec. Sec.  25.221, Sec.  
25.222, Sec.  25.226, or Sec.  25.227; or applications for 29 GHz NGSO 
MSS feeder-link stations in a complex as defined in Sec.  25.257.

0
10. Amend Sec.  25.136 by revising the section heading and paragraphs 
(a) introductory text, (a)(4), (c), and (d) and adding paragraphs (e) 
and (f) to read as follows:


Sec.  25.136  Earth Stations in the 27.5-28.35 GHz, 37.5-40 GHz, and 
47.2-48.2 GHz bands.

    (a) FSS is secondary to the Upper Microwave Flexible Use Service in 
the 27.5-28.35 GHz band. Notwithstanding that secondary status, an 
applicant for a license for a transmitting earth station in the 27.5-
28.35 GHz band that meets one of the following criteria may be 
authorized to operate without providing interference protection to 
stations in the Upper Microwave Flexible Use Service:
* * * * *
    (4) The applicant demonstrates compliance with all of the following 
criteria in its application:
    (i) There are no more than two other authorized earth stations 
operating in the 27.5-28.35 GHz band within the county where the 
proposed earth station is located that meet the criteria contained in 
either paragraph (a)(1), (2), (3), or (4) of this section. For purposes 
of this requirement, multiple earth stations that are collocated with 
or at a location contiguous to each other shall be considered as one 
earth station;
    (ii) The area in which the earth station generates a PFD, at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m2/
MHz, together with the similar area of any other earth station 
authorized pursuant to paragraph (a) of this section, does not cover, 
in the aggregate, more than the amount of population of the UMFUS 
license area within which the earth station is located as noted in 
table 1 to this paragraph (a)(4)(ii):

                     Table 1 to Paragraph (a)(4)(ii)
------------------------------------------------------------------------
                                           Maximum permitted aggregate
                                           population within -77.6 dBm/
  Population within UMFUS license area    m\2\/MHz PFD contour of earth
                                                     stations
------------------------------------------------------------------------
Greater than 450,000...................  0.1 percent of population in
                                          UMFUS license area.
Between 6,000 and 450,000..............  450 people.
Fewer than 6,000.......................  7.5 percent of population in
                                          UMFUS license area.
------------------------------------------------------------------------


[[Page 64]]

    (iii) The area in which the earth station generates a PFD, at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m\2\/
MHz does not contain any major event venue, urban mass transit route, 
passenger railroad, or cruise ship port. In addition, the area 
mentioned in paragraph (a)(4)(ii) of this section shall not cross any 
of the following types of roads, as defined in functional 
classification guidelines issued by the Federal Highway Administration 
pursuant to 23 CFR 470.105(b): Interstate, Other Freeways and 
Expressways, or Other Principal Arterial. The Federal Highway 
Administration Office of Planning, Environment, and Realty Executive 
Geographic Information System (HEPGIS) map contains information on the 
classification of roads. For purposes of this rule, an urban area shall 
be an Adjusted Urban Area as defined in section 101(a)(37) of Title 21 
of the United States Code.
    (iv) The applicant has successfully completed frequency 
coordination with the UMFUS licensees within the area in which the 
earth station generates a PFD, at 10 meters above ground level, of 
greater than or equal to -77.6 dBm/m\2\/MHz with respect to existing 
facilities constructed and in operation by the UMFUS licensee. In 
coordinating with UMFUS licensees, the applicant shall use the 
applicable processes contained in Sec.  101.103(d) of this chapter.
* * * * *
    (c) The protection zone (as defined in paragraph (b) of this 
section) shall comply with the following criteria. The applicant must 
demonstrate compliance with all of the following criteria in its 
application:
    (1) There are no more than two other authorized earth stations 
operating in the 37.5-40 GHz band within the county within which the 
proposed earth station is located that meet the criteria contained in 
paragraph (c) of this section, and there are no more than 14 other 
authorized earth stations operating in the 37.5-40 GHz band within the 
PEA within which the proposed earth station is located that meet the 
criteria contained in paragraph (c) of this section. For purposes of 
this requirement, multiple earth stations that are collocated with or 
at a location contiguous to each other shall be considered as one earth 
station;
    (2) The protection zone, together with the protection zone of other 
earth stations in the same PEA authorized pursuant to this, does not 
cover, in the aggregate, more than the amount of population of the PEA 
within which the earth station is located as noted in table 1 to this 
paragraph (c)(2):

                       Table 1 to Paragraph (c)(2)
------------------------------------------------------------------------
                                           Maximum permitted aggregate
Population within Partial Economic Area    population within protection
  (PEA) where earth station is located        zone of earth stations
------------------------------------------------------------------------
Greater than 2,250,000.................  0.1 percent of population in
                                          PEA.
Between 60,000 and 2,250,000...........  2,250 people.
Fewer than 60,000......................  3.75 percent of population in
                                          PEA.
------------------------------------------------------------------------

    (3) The protection zone does not contain any major event venue, 
urban mass transit route, passenger railroad, or cruise ship port. In 
addition, the area mentioned in the preceding sentence shall not cross 
any of the following types of roads, as defined in functional 
classification guidelines issued by the Federal Highway Administration 
pursuant to 23 CFR 470.105(b): Interstate, Other Freeways and 
Expressways, or Other Principal Arterial. The Federal Highway 
Administration Office of Planning, Environment, and Realty Executive 
Geographic Information System (HEPGIS) map contains information on the 
classification of roads. For purposes of this rule, an urban area shall 
be an Adjusted Urban Area as defined in section 101(a)(37) of Title 21 
of the United States Code.
    (4) The applicant has successfully completed frequency coordination 
with the UMFUS licensees within the protection zone with respect to 
existing facilities constructed and in operation by the UMFUS licensee. 
In coordinating with UMFUS licensees, the applicant shall use the 
applicable processes contained in Sec.  101.103(d) of this chapter.
    (d) Notwithstanding that FSS is co-primary with the Upper Microwave 
Flexible Use Service in the 47.2-48.2 GHz band, earth stations in the 
47.2-48.2 GHz band shall be limited to individually licensed earth 
stations. An applicant for a license for a transmitting earth station 
in the 47.2-48.2 GHz band must meet one of the following criteria to be 
authorized to operate without providing any additional interference 
protection to stations in the Upper Microwave Flexible Use Service:
    (1) The FSS licensee also holds the relevant Upper Microwave 
Flexible Use Service license(s) for the area in which the earth station 
generates a PFD, at 10 meters above ground level, of greater than or 
equal to -77.6 dBm/m\2\/MHz; or
    (2) The earth station in the 47.2-48.2 GHz band was authorized 
prior to February 1, 2018; or
    (3) The application for the earth station in the 47.2-48.2 GHz band 
was filed prior to February 1, 2018; or
    (4) The applicant demonstrates compliance with all of the following 
criteria in its application:
    (i) There are no more than two other authorized earth stations 
operating in the 47.2-48.2 GHz band within the county where the 
proposed earth station is located that meet the criteria contained in 
paragraph (d)(1), (2), (3), or (4) of this section, and there are no 
more than 14 other authorized earth stations operating in the 47.2-48.2 
GHz band within the PEA where the proposed earth station is located 
that meet the criteria contained in paragraph (d)(1), (2), (3), or (4) 
of this section. For purposes of this requirement, multiple earth 
stations that are collocated with or at a location contiguous to each 
other shall be considered as one earth station;
    (ii) The area in which the earth station generates a PFD, at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m\2\/
MHz, together with the similar area of any other earth station 
authorized pursuant to paragraph (d) of this section, does not cover, 
in the aggregate, more than the amount of population of the PEA within 
which the earth station is located as noted in table 1 to this 
paragraph (d)(4)(ii):

[[Page 65]]



                     Table 1 to Paragraph (d)(4)(ii)
------------------------------------------------------------------------
                                           Maximum permitted aggregate
Population within Partial Economic Area    population within -77.6 dBm/
  (PEA) where earth station is located    m\2\/MHz PFD contour of earth
                                                     stations
------------------------------------------------------------------------
Greater than 2,250,000.................  0.1 percent of population in
                                          PEA.
Between 60,000 and 2,250,000...........  2,250 people.
Fewer than 60,000......................  3.75 percent of population in
                                          PEA.
------------------------------------------------------------------------

    (iii) The area in which the earth station generates a PFD, at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m\2\/
MHz does not contain any major event venue, any highway classified by 
the U.S. Department of Transportation under the categories Interstate, 
Other Freeways and Expressways, or Other Principal Arterial, or an 
urban mass transit route, passenger railroad, or cruise ship port; and
    (iv) The applicant has successfully completed frequency 
coordination with the UMFUS licensees within the area in which the 
earth station generates a PFD, at 10 meters above ground level, of 
greater than or equal to -77.6 dBm/m\2\/MHz with respect to existing 
facilities constructed and in operation by the UMFUS licensee. In 
coordinating with UMFUS licensees, the applicant shall use the 
applicable processes contained in Sec.  101.103(d) of this chapter.
    (e) If an earth station applicant or licensee in the 27.5-28.35 
GHz, 37.5-40 GHz, or 47.2-48.2 GHz bands enters into an agreement with 
an UMFUS licensee, their operations shall be governed by that 
agreement, except to the extent that the agreement is inconsistent with 
the Commission's rules or the Communications Act.
    (f) Any earth station authorizations issued pursuant to paragraph 
(a)(4), (c), or (d)(4) of this section shall be conditioned upon 
operation being in compliance with the criteria contained in the 
applicable paragraph.

PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE

0
11. The authority citation for part 30 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307, 
309, 310, 316, 332, 1302.

0
12. Amend Sec.  30.4 by redesignating paragraphs (a), (b), and (c) as 
paragraphs (b), (c), and (d) and adding new paragraphs (a) and (e) to 
read to read as follows:


Sec.  30.4  Frequencies.

* * * * *
    (a) 24.25-24.45 GHz and 24.75-25.25 GHz bands--24.25-24.35 GHz; 
24.35-24.45 GHz; 24.75-24.85 GHz; 24.85-24.95 GHz; 24.95-25.05 GHz; 
25.05-25.15 GHz; and 25.15-25.25 GHz.
* * * * *
    (e) 47.2-48.2 GHz band--47.2-47.4 GHz; 47.4-47.6 GHz; 47.6-47.8 
GHz; 47.8-48.0 GHz; and 48.0-48.2 GHz.

0
13. Amend Sec.  30.6 by revising paragraph (b) to read as follows:


Sec.  30.6  Permissible communications.

* * * * *
    (b) Fixed-Satellite Service shall be provided in a manner 
consistent with part 25 of this chapter. The technical and operating 
rules in this part shall not apply to Fixed-Satellite Service 
operation.


Sec.  30.8   [Remove and Reserve]

0
14. Remove and reserve Sec.  30.8.

0
15. Amend Sec.  30.104 by revising paragraph (a) to read as follows:


Sec.  30.104  Construction requirements.

    (a) Upper Microwave Flexible Use Service licensees must make a 
buildout showing as part of their renewal applications. Licensees 
relying on mobile or point-to-multipoint service must show that they 
are providing reliable signal coverage and service to at least 40 
percent of the population within the service area of the licensee, and 
that they are using facilities to provide service in that area either 
to customers or for internal use. Licensees relying on point-to-point 
service must demonstrate that they have four links operating and 
providing service, either to customers or for internal use, if the 
population within the license area is equal to or less than 268,000. If 
the population within the license area is greater than 268,000, a 
licensee relying on point-to-point service must demonstrate it has at 
least one link in operation and is providing service for each 67,000 
population within the license area. In order to be eligible to be 
counted under the point-to-point buildout standard, a point-to-point 
link must operate with a transmit power greater than +43 dBm.
* * * * *

PART 101--FIXED MICROWAVE SERVICES

0
16. The authority citation for part 101 continues to read as follows:

    Authority:  47 U.S.C. 154, 303.


Sec.  101.115  [Amended]

0
17. Section 101.115 is amended in the table in paragraph (b)(2), in the 
entries ``71,000 to 76,000 (co-polar),'' ``71,000 to 76,000 (cross-
polar),'' ``81,000 to 86,000 (co-polar),'' and ``81,000 to 86,000 
(cross-polar),'' by removing footnote designation ``15'' and adding 
footnote designation ``14'' in its place.

[FR Doc. 2017-27437 Filed 12-29-17; 8:45 am]
 BILLING CODE 6712-01-P