Commission Proposes To Reconfigure the 900 MHz Band To Facilitate Broadband Services, 12987-13001 [2019-06349]

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[FR Doc. 2019–06494 Filed 4–2–19; 8:45 am] BILLING CODE 4310–05–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 2, 20, 27 and 90 [WT Docket No. 17–200; FCC 19–18] Commission Proposes To Reconfigure the 900 MHz Band To Facilitate Broadband Services Federal Communications Commission. AGENCY: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 ACTION: 12987 Proposed rule. In this document, the Federal Communications Commission (Commission) proposes and seeks comment on facilitating broadband deployment in the 896–901/935–940 MHz band (900 MHz band) currently configured for narrowband operations. Specifically, the Commission proposes to realign the band to create a paired 3⁄3 megahertz broadband segment, licensed on a geographic basis, while reserving two remaining segments for continued narrowband operations. The Commission proposes to authorize a market-driven voluntary exchange process that would allow existing licensees in the band to mutually agree to a plan for clearing of the broadband segment by relocating site-based incumbents to narrowband spectrum. The Commission also seeks comment on two other transition methods—an auction of overlay licenses and an incentive auction, options that might be needed to effectuate 900 MHz band realignment in certain markets. This proposed action is consistent with the Commission’s ongoing recent efforts to increase access to flexible-use spectrum. DATES: Interested parties may file comments on or before May 3, 2019, and reply comments on or before June 3, 2019. SUMMARY: You may submit comments, identified by WT Docket No. 17–200, by any of the following methods: • Federal Communications Commission’s Website: https:// apps.fcc.gov/ecfs/. Follow the instructions for submitting comments. • Mail: All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW–A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202–418–0530 or TTY: 202– 418–0432. ADDRESSES: E:\FR\FM\03APP1.SGM 03APP1 12988 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Stana Kimball, Stanislava.Kimball@ fcc.gov, of the Wireless Telecommunications Bureau, Mobility Division, (202) 418–1306. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Notice of Proposed Rulemaking (NPRM) in WT Docket No. 17–200, FCC 19–18, released on March 14, 2019. The complete text of the NPRM is available for viewing via the Commission’s ECFS website by entering the docket number, WT Docket No. 17–200. The complete text of the NPRM is also available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY–B402, Washington, DC 20554, telephone 202–488–5300, fax 202–488–5563. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to FCC504@fcc.gov or calling the Consumer and Government Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). khammond on DSKBBV9HB2PROD with PROPOSALS Comment and Reply Comment Filing Instructions Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415 and 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). • Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ ecfs/. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Parties should only file in GN Docket No. 17–258. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 delivered to FCC Headquarters at 445 12th St. SW, Room TW–A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent 9050 Junction Drive, Annapolis Junction, MD 20701. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). Ex Parte Presentations The proceeding this NPRM initiates shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance with the Commission’s ex parte rules (47 CFR 1.1200 et seq.). Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. We find that all ex parte presentations made by NTIA or Department of Defense representatives are exempt under our exemption for presentations by federal agencies sharing jurisdiction with the Commission (see 47 CFR 1.1204(a)(5)). I. Notice of Proposed Rulemaking 1. The NPRM proposes to realign the 900 MHz band 1 to enable broadband deployment, and seeks comment on how to realign the band, how to conduct a transition, and the technical rules needed to make the realignment a reality. The NPRM proposes to create a 3⁄3 megahertz segment broadband segment and to reserve the remainder of the 900 MHz band for continued narrowband operations. The Commission believes this proposal furthers important goals of the Communications Act of 1934, as amended (Communications Act), including improving the efficiency of spectrum use, and seeks comment on this view. A. Band Realignment To Create Broadband Licenses 2. The NPRM propose a 3/3 megahertz broadband segment. The Commission anticipates that paired three megahertz blocks would be most suitable to create a viable broadband service in this band, and that paired 1.5 and .5 megahertz blocks could provide enough spectrum for 900 MHz narrowband operations. Three megahertz blocks are supported by wireless technical standards such as Long Term Evolution (LTE), and they are also favored by commenters. The Commission’s goal is to open the 900 MHz band for additional uses that will facilitate increased efficiency and encourage innovation, while continuing to accommodate narrowband incumbents. The NPRM seeks comment on this proposed approach, including its costs and benefits. 3. To provide additional flexibility for the deployment of broadband services 1 The 900 MHz band consists of 399 narrowband (12.5 kilohertz) frequency pairs grouped into 10channel blocks that alternate between Specialized Mobile Radio (SMR) blocks that are geographically licensed by Major Trading Area (MTA) and Business/Industrial Land Transportation (B/ILT) blocks in which channels are assigned on a site-bysite basis. E:\FR\FM\03APP1.SGM 03APP1 khammond on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules in the 900 MHz band, the NPRM proposes to replace the Land Mobile Service allocation in the 900 MHz band with a Mobile Except Aeronautical Mobile Service allocation on a coprimary basis with the Fixed Service, consistent with the allocations in the 890–902 MHz and 928–942 MHz bands in Region 2 of the International Table of Frequency Allocations. 4. The NPRM proposes to designate 897.5–900.5 MHz/936.5–939.5 MHz as the broadband segment, leaving two separate narrowband segments: A 1.5/ 1.5 megahertz segment (896–897.5/935– 936.5 MHz) below the broadband segment and a .5/.5 megahertz segment (900.5–901/939.5–940 MHz) above the broadband segment.2 This arrangement provides 1.5 megahertz of separation between the broadband segment and the 894–896 MHz Air-Ground Radiotelephone Service/932–935 MHz fixed microwave systems spectrum, and 500 kilohertz of separation between the broadband segment and the 901–902/ 940–941 MHz Narrowband Personal Communications Service spectrum. 5. Under the Commission’s proposal, in the markets that are transitioned to broadband use through one or more of the mechanisms described in the NPRM, the 896–897.5/935–936.5 MHz and 900.5–901/939.5–940 MHz bands would no longer have a distinction between B/ ILT and SMR blocks, but instead they would be designated as the narrowband segment available for site-based operations. The NPRM seeks comment on the rule modifications that may be necessary to facilitate band realignment and the creation of separate narrowband and broadband segments. Specifically, how should the Commission grant access to the narrowband segment and determine eligibility for narrowband segment licenses? To what extent will the Commission’s interference protection criteria need to be modified to account for the existence of incumbent users and new licensed operations in the narrowband segment? The Commission also seeks comment on whether any necessary rule changes may vary depending on the specific transition mechanisms that the Commission may implement. 6. The NPRM further seeks comment on redesignating the entire band for broadband operation. It seeks specific comment on whether the Commission should take any action to facilitate 5⁄5 megahertz broadband operation on a 2 That is, we propose that the broadband segment be composed of the existing channels with center frequencies from 897.5125/936.5125 MHz (channel 121) to 900.5/939.5 MHz (channel 360). Channels 1–120 and 361–399 would continue to be designated for narrowband operations. VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 nationwide basis or only in particular areas, such as where a single licensee controls all or almost all of the band or where there are very few narrowband users and little demand as demonstrated by lack of licensing activity. What additional rule changes, if any, would we need to make to effectuate such a proposal? The Commission asks commenters to also discuss and quantify the costs and benefits of this or any other alternative approaches, such as a 1.4/1.4 megahertz broadband channel coupled with larger protection bands between broadband and narrowband operations. 7. Consistent with the Commission’s approach in several other bands used to provide fixed and mobile services, the NPRM proposes to license the broadband segment on a geographic area basis and seeks comment on the appropriate geographic licensing area for the broadband segment. Due to wide variations in levels of incumbent use of 900 MHz band across geographic areas, the Commission seeks comment on issuing broadband licenses on a countyby-county basis and asks whether to base such a county licensing scheme on 2017 county boundaries, the most recent county boundaries currently available through the Census Bureau, as used in the 3.5 GHz band. As an alternative, the Commission seeks comment on issuing broadband licenses over a larger geography. 8. The NPRM asks commenters to address the most suitable license area for 900 MHz band broadband licenses, and explain the costs and benefits of various approaches, especially with respect to rural areas. Would larger geographic licenses limit the ability of electric utilities or other non-traditional stakeholders in acquiring such licenses? Conversely, are there additional reasons that make larger geographic areas better suited for the broadband license? The Commission asks stakeholders to also comment on what license size would best facilitate relocation of incumbent users. B. Transition to the New Band Alignment 9. The NPRM first proposes to authorize a market-driven, voluntary exchange process that would allow existing licensees to come together and mutually agree to a plan for relocating site-based incumbents and transitioning the band for broadband use. The Commission recognizes, however, that a voluntary process may not be successful in all markets, particularly those with a substantial number of incumbents. Therefore, in order to facilitate a nationwide realignment for broadband PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 12989 uses, the Commission also seeks comments on the two other methods of transitioning the band to broadband use: an auction of overlay licenses and an incentive auction. The NPRM seeks comment on the costs and benefits of our proposal, any alternatives, and their combinations. 1. A Market-Driven Voluntary Exchange Process 10. The NPRM proposes to initially rely on a market-driven approach through which 900 MHz licensees may engage in voluntary exchange mechanisms to facilitate clearing of the broadband segment. This approach seeks to take advantage of the speed and efficiency of voluntary realignment through private agreements between incumbents. The NPRM proposes to give site-based incumbents the opportunity to relocate on a voluntary basis and allow an eligible party to acquire a broadband license on a county-bycounty basis in the cleared spectrum. 11. Under this proposal, the Commission would require the prospective broadband licensee to hold the licenses for all 20 geographicallylicensed blocks of 900 MHz SMR spectrum in the relevant county. The prospective broadband licensee could then negotiate with site-based incumbents to move narrowband operations out of the broadband segment and agree to clear the spectrum to enable use of 3/3 megahertz of contiguous spectrum. Subject to the restrictions and requirements discussed in this section, the new broadband licensee could then apply for a license to operate on a primary basis in the 3/ 3 megahertz broadband segment in each county it successfully clears. 12. Eligibility. To be eligible for a new 900 MHz broadband license in a given county, the NPRM proposes that the applicant must: (1) Hold licenses covering the entire county for all 20 geographically-licensed SMR blocks,3 (2) reach an agreement to clear from the broadband segment, or demonstrate how it will protect, all covered incumbent licensees, and (3) agree to return to the Commission all 900 MHz licenses for the relevant county, including any sitebased B/ILT or SMR licenses. The NPRM seeks comment on these eligibility restrictions, including 3 The licensee must hold the rights to all spectrum associated with each of the 20 SMR blocks, i.e., a total of 5 megahertz. Alternatively, the Commission seeks comment on whether to allow a licensee to use any combination of 900 MHz spectrum (e.g., B/ILT and/or SMR) to be eligible for a new broadband license, provided that such spectrum totals at least 5 megahertz and covers the entire county for which it seeks a license. E:\FR\FM\03APP1.SGM 03APP1 khammond on DSKBBV9HB2PROD with PROPOSALS 12990 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules whether any of the terms should be defined in greater detail. It also seeks comment on any other eligibility restrictions that may be necessary to ensure an efficient realignment process and to limit the amount of spectrum the Commission must license from inventory. 13. In certain markets, the Commission may currently hold some SMR inventory, such that the prospective broadband licensee could not hold all 20 geographically-licensed blocks of SMR spectrum. The NPRM seeks comment on how to apply the proposed eligibility restriction in such cases. Should the Commission decline to apply this process where the Commission would need to issue additional spectrum from inventory beyond the 1 megahertz already required to create a 3/3 broadband segment in any market? Or, where some geographic-area SMR licenses remain in Commission inventory, should it require the prospective broadband licensee to hold all the SMR licenses that have been issued, provided that it meets some minimum threshold of licenses? If so, what would be the appropriate minimum threshold to facilitate the voluntary exchange process in such markets while also mitigating the risk of an undue windfall to the prospective broadband licensee? 14. Under this proposal, the prospective broadband licensee must either reach an agreement to clear, or demonstrate how it will provide interference protection to, all covered incumbents relating to the county for which it seeks a 3/3 megahertz broadband license. The NPRM proposes to define ‘‘covered incumbents’’ as any site-based licensee that is required under current rules to be protected by the placement of a broadband licensee’s base station at any location within the county. Under existing 900 MHz cochannel separation requirements, cochannel systems must comply with a minimum spacing criteria of at least 113 kilometers (70 miles) separation distance between base stations. Under the Commission’s proposal, the prospective broadband licensee would need to account for all covered incumbents in its Transition Plan by demonstrating one or more of the following: (1) Agreement by covered incumbents to relocate from the broadband segment, (2) protection of covered incumbents through compliance with minimum spacing criteria, and/or (3) protection of covered incumbents through new or existing letters of concurrence agreeing to lesser base station separations. The Commission seeks comment on this VerDate Sep<11>2014 18:47 Apr 02, 2019 Jkt 247001 approach and asks commenters to discuss the costs and benefits of any alternative approach. 15. Because the Commission’s proposal is to implement a process where successful voluntary negotiations in a given market would result in band realignment and issuance of initial broadband licenses without the filing of mutually exclusive applications, the NPRM seeks comment on the risks that a prospective broadband licensee would realize an undue windfall in markets where a voluntary exchange is achieved. Should the Commission require the new broadband licensee to offset the increase in value resulting from the creation of a contiguous band segment? Should it require the prospective broadband licensee to compensate the U.S. Treasury for the difference between the market value of the 3/3 megahertz broadband license and the total value of the SMR licenses it relinquishes, plus any costs it incurs to relocate incumbents from the broadband segment? The Commission seeks comment on whether these or any other anti-windfall provisions might be appropriate in this proceeding and how to quantify the public benefits of implementing a voluntary exchange option to repurpose the 900 MHz band for broadband use, in light of any potential windfall that might accrue to incumbents. 16. Applications. The NPRM proposes that an application seeking a 900 MHz broadband license must include: (1) A certification that the applicant satisfies the eligibility restrictions (Eligibility Certification), and (2) a plan for transitioning the band in the particular county (Transition Plan) that describes the private agreements between the prospective broadband licensee and all covered incumbents. The Commission proposes that the Transition Plan must describe in detail all information and actions necessary to accomplish the realignment, including: (1) The spectrum frequencies within the broadband segment that the prospective broadband licensee seeks from Commission inventory, (2) the rights to all 20 geographically-licensed SMR blocks, and any site-based SMR or B/ILT licenses in the county that the licensee is relinquishing, (3) the applications that the parties to the agreement will file for spectrum in the narrowband segment in order to relocate or repack licensees, (4) a description of how the applicant will provide interference protection to, and/or relocate from the broadband segment, all covered incumbents, and (5) any rule waivers or other actions necessary to implement the agreement. PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 17. The NPRM also seeks comment on whether incumbent site-based licensees would be unduly burdened by the imposition of a mandatory relocation requirement. Would requiring mandatory relocation as a component of this transition mechanism be an effective means of mitigating against holdouts, while also preserving the advantages of a purely voluntary and market-driven approach? Should the Commission limit any mandatory relocation to counties where the prospective broadband licensee holds more than 3 megahertz uplink and 3 megahertz downlink in the 900 MHz band (across the county including both SMR and site-based licenses) and, if so, how should we calculate the site-based spectrum holdings? The Commission seeks comment on the costs and benefits of any approach for addressing the holdout problem. 18. Procedures. The NPRM proposes to commence the voluntary exchange process by issuing a public notice opening a filing window to accept applications consistent with the proposed eligibility and application requirements. Because the voluntary exchange process is an initial solution that may not result in clearing of a 3/3 broadband segment in all markets, potentially requiring supplemental transition methods, the Commission may ultimately implement an overlay or incentive auction in those areas where the process does not result in realignment of the band. The Commission therefore seeks comment on whether the filing window should be open indefinitely, or whether it should designate some period of time by which any qualifying applications must be filed. Would creating a finite window help to encourage negotiations and curtail holdout problems? If so, what period of time would be sufficient to allow incumbents to complete negotiations and develop an agreement to transition the band? Conversely, if the window is undefined, should the Commission provide notice prior to closing the window in those areas where voluntary transition is not successful? If so, how much prior notice would be sufficient for incumbents with pending negotiations to finalize an agreement and make the necessary filings? The Commission seek comment on these and any other issues relating to the application filing window. 2. An Auction of Overlay Licenses 19. The NPRM also seeks comment on whether an auction of overlay 900 MHz broadband licenses, coupled with the right to mandatorily relocate narrowband incumbents in the entire E:\FR\FM\03APP1.SGM 03APP1 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules khammond on DSKBBV9HB2PROD with PROPOSALS band, might be a viable alternative method in certain markets to ensure adequate access to broadband spectrum. Under this approach, the Commission would conduct, where appropriate, an auction of a single 3/3 megahertz overlay license in a geographic area (e.g., county or other area which the Commission finds most suitable for this transition method). The winning bidder would be entitled to require incumbents to relocate to narrowband frequencies outside the 3/3 broadband segment, provided it pays for appropriate relocation costs as discussed below. The Commission seeks comment on this alternative approach, particularly the costs and benefits associated with implementation. 20. The NPRM also asks and seeks comment on whether it should consider conducting an auction of a single 5/5 megahertz overlay license in each market. Under the auction of either a 3/3 or 5/5 megahertz overlay license approach, the NPRM also seeks comment on establishing a framework for compensating relocated incumbents. Should the Commission require that overlay licensees provide mandatorily relocated incumbents with ‘‘comparable facilities,’’ as the Commission has required in other bands? Specifically, the Commission seeks comment on the extent to which the rules governing 800 MHz rebanding would be appropriate for relocation in the 900 MHz band, or whether other relocation methodologies are more appropriate. 21. The NPRM seeks comment on the appropriate overall time frame for mandatory relocation and how the Commission should proceed after its completion. Would a 2-year period for mandatory relocation be appropriate, or should the Commission consider a shorter or longer time frame? 3. An Incentive Auction 22. The NPRM also seeks comment on whether the Commission should consider using its incentive auction authority to reduce encumbrances in the 900 MHz band. Under an incentive auction approach, the Commission would create a single 3/3 megahertz broadband license in each market by offering incentive-payments to existing MTA licensees in exchange for relinquishing spectrum usage rights, while also repacking site-based and any holdout MTA licensees. Incumbents with MTA licenses would be offered incentive payments in the form of vouchers in exchange for a commitment to relinquish their licensed spectrum usage rights. Accepting vouchers would be voluntary, however, and any MTA licensees participating in the auction for VerDate Sep<11>2014 18:47 Apr 02, 2019 Jkt 247001 the broadband license would be required to commit to accepting vouchers for all their current licenses. In addition, any incumbent that wishes to bid for new licenses offered at auction would be required to relinquish all of its existing licenses for vouchers. The Commission would then run a clock auction to set both the price of new county-level broadband licenses and the amounts that incumbents will receive for relinquishing their MTA licenses. This single clock auction would simultaneously serve as the reverse and forward components of the incentive auction. At the end of the auction, the value of an incumbent’s vouchers would be determined by the MHz-pops of spectrum usage rights relinquished and the price per unit of spectrum in the market as determined in an auction for the broadband license. 23. Under the incentive auction approach, the Commission would require site-based incumbent licensees to be repacked into the narrowband segments. All site-based incumbents (both within and outside the broadband segment) would be repacked simultaneously with the objective of minimizing the total number of channels required for these licensees to operate. Newly created vacant channels would be available to repack nonparticipating MTA licensees and to create the broadband license. If the repacking plan determines that there is insufficient spectrum to create a 3/3 megahertz broadband license, site-based licensees would be offered vouchers in exchange for a commitment to relinquish licenses. The NPRM seeks comment on this alternative transition mechanism. 24. The NPRM also seek comment on whether to reimburse any costs of relocating existing incumbents and, if so, how significant those costs likely would be. It also seeks comment on how to quantify the existing spectrum usage rights for purposes of offering vouchers to incumbents that do not hold geographic licenses in cases where such offers are required to achieve a 3/3 megahertz broadband license. 25. The clock auction format would proceed in a series of rounds, with simultaneous bidding for all the county broadband licenses. In each round, the auction would announce prices for each county license, and qualified bidders would indicate whether they are willing to purchase the county license at that clock price. Bidders would be subject to activity and eligibility rules that govern the pace at which they participate in the auction. In each county, the clock price for the license would increase from round to round if bidders indicate total PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 12991 demand that exceeds one license. If supply is equal to demand in a county, a bidder would not be permitted to create ‘‘excess supply’’ by reducing its demand for the broadband license. The clock rounds would continue until, for every county license available, the number of licenses demanded was less than or equal to one. At that point, those bidders indicating demand for a county license at the final clock phase price would be deemed winning broadband license bidders. 26. Following the auction, the processing of voucher payments for each incumbent licensee would depend on whether the spectrum offered in the reverse auction was needed in the forward broadband license auction. In counties where demand at the end of the forward auction equaled supply, the Commission would cancel the participating incumbents’ licenses and make payments equal to the product of the final clock price and the MHz-Pops of spectrum relinquished by the incumbent. In counties where there was no demand for the broadband license, the Commissions proposes that incumbents would retain their existing spectrum usage rights and would receive no payments for their vouchers. To minimize the disruption to existing services, the Commission further proposes in this case that incumbent licensees would not be repacked since spectrum in these markets is unlikely to be sufficiently scarce to justify the cost of the repack. Alternatively, the Commission could pay for all vouchers and/or repack incumbents in every county regardless of the demand for a broadband license. The NPRM seeks comment on these and alternative approaches to implementing voucher payments and repacking incumbents. 27. The NPRM also seeks comments on the method for ensuring that the forward auction for broadband licenses will generate sufficient revenues to pay for all reimbursed vouchers and incumbent relocation costs, should it be necessary and possible to make such payments. In the broadcast incentive auction, the Commission adopted a ‘‘final stage rule’’ to ensure that auction proceeds would be sufficient to cover costs, and in other auctions the Commission has adopted aggregate reserve prices to fund the estimated relocation costs. In part, the rule in the broadcast incentive auction implemented a net revenue requirement for the auction that accounted for any bidding credits, relocation expenses, and incentive payments. Under such a net revenue requirement, the auction would not close unless auction proceeds are sufficient to cover all required E:\FR\FM\03APP1.SGM 03APP1 12992 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules khammond on DSKBBV9HB2PROD with PROPOSALS payments. The Commission seeks comment on whether it should establish such a net revenue requirement. C. Licensing and Operating Rules 28. The NPRM proposes to designate the 900 MHz broadband service as a Miscellaneous Wireless Communications Service governed by Part 27 of the Commission’s rules and asks commenters to identify any aspects of the Commission’s general Part 27 service rules that should be modified to accommodate the characteristics of the proposed 900 MHz broadband segment. In the alternative, the Commission asks commenters to address whether 900 MHz broadband licenses should be regulated under Part 90 of the Commission’s rules so that broadband licensees and narrowband incumbents in the 900 MHz band would be operating under a single set of rules. 29. Eligibility. In the event the Commission adopts a voluntary exchange process for transitioning the 900 MHz band, the NPRM proposes specific eligibility restrictions for a new 3/3 megahertz broadband license. Alternatively, if the Commission adopts an overlay or incentive auction approach for realigning the band, consistent with the Commission’s approach to date toward flexible use geographic licensing, the Commission seeks comment on adopting an open eligibility standard for such licenses in the 900 MHz broadband segment. Would adopting an open eligibility standard for the licensing of 900 MHz broadband spectrum through competitive bidding, where appropriate, encourage efforts to develop new technologies, products, and services, while helping to ensure efficient use of this spectrum? The Commission asks commenters to discuss the costs and benefits of the open eligibility proposal on competition, innovation, and investment. 30. Mobile spectrum holdings policies. The NPRM seeks comment generally on whether and how to address any mobile spectrum holdings issues involving 900 MHz broadband spectrum to meet the Commission’s statutory requirements and to ensure competitive access to the band. Given these characteristics, the Commission is not inclined to include the 900 MHz broadband segment in the Commission’s spectrum screen, which helps to identify markets that may warrant further competitive analysis when evaluating proposed secondary market transactions. The NPRM asks commenters advocating for inclusion of the 900 MHz broadband segment in the screen to address specifically the VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 suitability of this spectrum for use in the provision of mobile telephony/ broadband services and to further discuss and quantify the costs and benefits of any proposals to apply mobile spectrum holdings policies to the proposed 900 MHz broadband segment. 31. License term. The NPRM proposes to adopt a 15-year term for licenses in the 900 MHz broadband spectrum and seeks comment on the costs and benefits of this proposal. In addition, the Commission seeks comment on whether and to what extent we should adopt shorter terms for subsequent renewal terms, given that relocation, band clearance, and initial performance requirements already will have been satisfied upon renewal of a given 900 MHz broadband license. It invites commenters to submit alternate proposals for the appropriate license term, which should similarly include a discussion of the costs and benefits. 32. Performance requirements. The NPRM seeks comment on adopting quantifiable benchmarks in the proposed broadband segment. Specifically, it seeks comment on requiring a 900 MHz broadband licensee to provide reliable signal coverage and to offer service to at least 45 percent of the population in each of its license areas within six years of the license issuance date (first performance benchmark), and to at least 80 percent of the population in each of its license areas within 12 years from the license issue date (second performance benchmark). The period for complying with these performance requirements would begin on the date that the is license is issued, irrespective of the extent to which the broadband licensee is able to successfully relocate existing licensees out of the 3/3 megahertz segment. After satisfying the 12-year, second performance benchmark, a licensee will be expected to continue to provide reliable signal coverage and offer service at or above that level for the remaining three years in the proposed 15-year license term in order to warrant license renewal. 33. The NPRM also seeks comment on whether the proposals discussed above represent the appropriate balance between license-term length and a significant final buildout requirement. It seeks comment on the proposed buildout requirements and any potential alternatives and asks what alternative metrics would be necessary, if any, to accommodate potential users of the 900 MHz broadband segment, such as electric utilities or other B/ILT eligibles. Should the Commission adopt specific performance requirements tailored to PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 account for use of the spectrum for private business purposes? The Commission also seeks comment on whether small entities face any special or unique issues with respect to buildout requirements such that they would require certain accommodations or additional time to comply. The Commission further asks commenters to discuss and quantify how any proposed buildout requirements will affect investment and innovation, as well as discuss and quantify other costs and benefits associated with the proposal. 34. The NPRM proposes to require 900 MHz broadband licensees to deploy broadband technologies and offer broadband services in satisfying the proposed performance requirements and seeks comment on how to define broadband services for the purposes of this obligation. It also seeks comment on whether to similarly apply a broadband deployment requirement if the Commission uses an incentive or overlay auction to transition the 900 MHz band. 35. Penalty for failure to meet performance requirements. The NPRM proposes that, in the event a 900 MHz broadband licensee fails to meet the first performance benchmark, the licensee’s second benchmark and license term would be reduced by two years, thereby requiring it to meet the second performance benchmark two years sooner (i.e., at 10 years into the license term) and reducing its license term to 13 years. The NPRM further proposes that, in the event a 900 MHz broadband licensee fails to meet the second performance benchmark for a particular license area, its authorization for that license area shall terminate automatically without Commission action. 36. The NPRM proposes that, in the event a licensee’s authority to operate terminates, the licensee’s spectrum rights would become available for reassignment pursuant to the competitive bidding provisions of section 309(j) of the Communications Act (if 900 MHz broadband licenses are assigned through competitive bidding). Further, consistent with the Commission’s rules for other broadband licenses, the Commission proposes that any 900 MHz broadband licensee that forfeits its license for failure to meet its performance requirements would be precluded from regaining that license. The NPRM seeks comment on other penalties that would effectively ensure timely buildout. 37. Competitive bidding procedures. If the Commission adopts a geographic area licensing scheme that allows acceptance of mutually exclusive E:\FR\FM\03APP1.SGM 03APP1 khammond on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules applications for 900 MHz broadband licenses, the Commission will grant the licenses through a system of competitive bidding. The NPRM proposes to conduct any auction for 900 MHz broadband licenses in conformity with the general competitive bidding rules set forth in Part 1, subpart Q, of the Commission’s rules and seeks comment on general application of the Part 1 competitive bidding rules to any auction of 900 MHz broadband spectrum licenses. It also seeks comment on whether any of the Commission’s Part 1 rules or other competitive bidding policies would be inappropriate or should be modified for an auction of licenses in this band. The Commission seeks comment on the costs and benefits of these proposals. 38. The NPRM seeks comment on whether to make bidding credits for designated entities available for this band and how to define a small business if the Commission decides to offer small business bidding credits. It seeks comment on defining a small business as an entity with average gross revenues for the preceding three years not exceeding $55 million, and a very small business as an entity with average gross revenues for the preceding three years not exceeding $20 million. A qualifying ‘‘small businesses’’ would be eligible for a bidding credit of 15 percent and qualifying ‘‘very small businesses’’ would be eligible for a bidding credit of 25 percent. The Commission seeks comment on whether to offer rural service providers a designated entity bidding credit for licenses in this band. 39. Renewal term construction obligations. In addition to, and independent of, the general renewal requirements contained in section 1.949 of the Commission’s rules, which apply to all Wireless Radio Services (WRS) licensees, the NPRM also seeks comment on application of specific renewal term construction obligations to 900 MHz broadband licensees. The WRS Renewal Reform Further Notice of Proposed Rulemaking (WRS Renewal Reform FNPRM) sought comment on various renewal term construction obligations, such as incremental increases in the construction metric in each subsequent renewal term—e.g., by 5 or 10 percent—up to a certain threshold. The WRS Renewal Reform FNPRM proposed to apply rules adopted in that proceeding to all flexible geographic licenses. Given the Commission’s proposal to license the 900 MHz band on a geographic basis for flexible use, any additional renewal term construction obligations proposed in the WRS Renewal Reform FNPRM also would apply to licenses in the 900 MHz broadband spectrum. The NPRM VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 seeks comment on whether there are unique characteristics of 900 MHz broadband spectrum that might require a different approach to the 900 MHz band from the various proposals raised by the WRS Renewal Reform FNPRM. The Commission asks commenters advocating rules specific to the reconfigured 900 MHz band to address the costs and benefits of their proposed rules and also discuss how a given proposal would encourage investment and deployment in areas that might not otherwise benefit from significant wireless coverage. D. Technical Rules 1. Broadband Segment 40. The NPRM seeks comment on the proposed technical rules. It proposes to permit an effective radiated power for base and repeater stations in the broadband segment not to exceed 400 watts/megahertz in non-rural areas and 800 watts/megahertz in rural areas, with the maximum permissible power decreasing as the HAAT rises above 304 meters. It also proposes to establish a median field strength limit of 40 dBmV/ m at any given point along the geographic license area boundary in the broadband segment unless the affected licensee agrees to a higher field strength limit. This limit corresponds to the current field strength limit at the border between co-channel 900 MHz SMR licensees. 41. The NPRM proposes to make broadband licensees responsible for preventing harmful interference to narrowband operations and for resolving any interference in the shortest time practicable. Under existing 900 MHz co-channel separation requirements, co-channel systems generally must comply with a minimum spacing criteria of at least 113 kilometers (70 miles) separation distance between base stations. The NPRM seeks comment on applying existing minimum spacing criteria to 900 MHz broadband base station operations as a means of protecting cochannel narrowband licensees. 42. In addition, section 90.672(a)(1)(i)(A)–(B) currently defines unacceptable interference in the 900 MHz B/ILT Pool as a median desired signal strength of ¥88 dBm or higher as measured at the radiofrequency input of the receiver of a mobile unit, or ¥85 dBm or higher as measured at the radiofrequency input of the receiver of a portable station. Some commenters, however, propose to define harmful interference as receiving a median desired signal strength of ¥98 dBm or higher as measured at the PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 12993 radiofrequency input of the receiver of a mobile unit, or ¥95 dBm or higher as measured at the radiofrequency input of the receiver of a portable station (handheld device), and suggest that we account for environmental noise by incorporating fade margins of 10 dB. The NPRM seeks comment on whether these criteria are appropriate, or whether the Commission should adopt technical standards and procedures that more closely align with the existing rules regarding unacceptable interference to non-cellular 800 MHz licensees from 800 MHz cellular systems or Part 22 Cellular Radiotelephone systems, and within the 900 MHz B/ILT Pool. The Commission also asks whether it is practical to adopt a single standard to protect all narrowband operations from broadband operations, or whether separate criteria are needed for different circumstances, such as if the 897.5–900.5 MHz/936.5– 939.5 MHz band is being used for broadband operations in one area but an adjacent area has not transitioned to the new band alignment. 43. The NPRM proposes to establish an out-of-band emission limit outside a licensee’s frequency band of operation to be attenuated by at least 43 + 10 log (P) dB for uplink operations in the 897.5–900.5 MHz band and by at least 50 + 10 log (p) dB for downlink operations in the 936.5–939.5 MHz band. The NPRM asks commenters to discuss whether the proposed out-ofband emission limits are sufficient to protect narrowband operations in the adjacent narrowband segments, and whether the Commission should consider other harmful interference mitigation methods, such as limits on LTE transmitter power or additional transmitter filtering requirements. The Commission also asks commenters to discuss whether the proposed technical parameters are consistent with interference resistance of current 900 MHz narrowband radio equipment and systems. 2. Narrowband Segments 44. The NPRM seeks comment on whether any changes to the existing technical and operational rules are necessary or desirable to sustain continued 900 MHz site-based narrowband operations. Are the existing Part 90 technical rules suitable for narrowband operations in the newly designated paired narrowband segments? Specifically, given the proposal to eliminate the distinction between B/ILT and SMR blocks in the narrowband segment in transitioned markets, would new and existing narrowband segment licensees need E:\FR\FM\03APP1.SGM 03APP1 12994 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules additional or modified interference protections? Under the voluntary exchange proposal, the band may be transitioned to the new broadband alignment on a county-by-county basis. Where a county has successfully been transitioned, would narrowband licensees in adjacent counties not transitioned to broadband require modified interference protection from newly licensed co-channel broadband operations? If so, the Commission asks commenters to specify the changes they believe should be made to the technical and operational rules for the two narrowband segments. II. Procedural Matters Initial Regulatory Flexibility Act Analysis 77. As required by the Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 603), the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities of the proposals addressed in this NPRM. The IRFA is set forth in Appendix B. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines for comments on the NPRM and should have a separate and distinct heading designating them as responses to the IRFA. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of this NPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with the Regulatory Flexibility Act. khammond on DSKBBV9HB2PROD with PROPOSALS Initial Paperwork Reduction Act Analysis 16:58 Apr 02, 2019 Jkt 247001 V. Ordering Clauses 79. It is ordered, pursuant to the authority found in sections 4(i), 302, 303, and 309, of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 153, 154(i), 201, 301, 302a, 303, 304, 307, 308, 309, 310, 319, 324, 332, 333, and section 1.411 of the Commission’s Rules, 47 CFR 1.411, that this Notice of Proposed Rulemaking is hereby adopted. 80. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Parts 1, 2, 20, 27, and 90 Administrative practice and procedure, Common carriers, Communications common carriers, Environmental impact statements, Radio, Telecommunications. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary. Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR parts 1, 2, 20, 27 and 90 as follows: PART 1—PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: ■ 78. The NPRM contains proposed modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how it might further reduce the VerDate Sep<11>2014 information collection burden for small business concerns with fewer than 25 employees. Authority: 47 U.S.C. chs. 2, 5, 9, 13; Sec. 102(c), Div. P, Public Law 115–141, 132 Stat. 1084; 28 U.S.C. 2461, unless otherwise noted. 2. Section 1.907 is amended by revising the definition of ‘‘Covered Geographic Licenses’’ to read as follows: ■ § 1.907 Definitions. * * * * * Covered Geographic Licenses. Covered geographic licenses consist of the following services: 1.4 GHz Service (part 27, subpart I of this chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and Digital Electronic Message PO 00000 Services (part 101, subpart G); 218–219 MHz Service (part 95, subpart F); 220– 222 MHz Service, excluding public safety licenses (part 90, subpart T); 600 MHz Service (part 27, subpart N); 700 MHz Commercial Services (part 27, subparts F and H); 700 MHz Guard Band Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz Broadband Service (part 27, subpart P); Advanced Wireless Services (part 27, subparts K and L); Air-Ground Radiotelephone Service (Commercial Aviation) (part 22, subpart G); Broadband Personal Communications Service (part 24, subpart E); Broadband Radio Service (part 27, subpart M); Cellular Radiotelephone Service (part 22, subpart H); Dedicated Short Range Communications Service, excluding public safety licenses (part 90, subpart M); H Block Service (part 27, subpart K); Local Multipoint Distribution Service (part 101, subpart L); Multichannel Video Distribution and Data Service (part 101, subpart P); Multilateration Location and Monitoring Service (part 90, subpart M); Multiple Address Systems (EAs) (part 101, subpart O); Narrowband Personal Communications Service (part 24, subpart D); Paging and Radiotelephone Service (part 22, subpart E; part 90, subpart P); VHF Public Coast Stations, including Automated Maritime Telecommunications Systems (part 80, subpart J); Upper Microwave Flexible Use Service (part 30); and Wireless Communications Service (part 27, subpart D). * * * * * ■ 3. Section 1.1307 is amended by revising Table 1 by revising the entry for Miscellaneous Wireless Communications Services, and adding a new entry for 900 MHz Broadband Service between the entry for Broadband Radio Service and Educational Broadband Service and the entry for Upper Microwave Flexible Use Service, to read as follows: Frm 00041 Fmt 4702 Sfmt 4702 § 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. * * * (b) * * * (1) * * * E:\FR\FM\03APP1.SGM 03APP1 * * 12995 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules TABLE 1—TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION Service (title 47 CFR rule part) Evaluation required if: * * * * * * * Miscellaneous Wireless Communications Services (part 27 except sub- (1) For the 1390–1392 MHz, 1392–1395 MHz, 1432–1435 MHz, 1670– parts M and P). 1675 MHz, and 2385–2390 MHz bands: Non-building-mounted antennas: Height above ground level to lowest point of antenna <10 m and total power of all channels >2000 W ERP (3280 W EIRP). Building-mounted antennas: Total power of all channels >2000 W ERP (3280 W EIRP). * * * * * * * 900 MHz Broadband Service (subpart P of part 27) ............................... Non-building-mounted antennas: height above ground level to lowest point of antenna <10 m and total power of all channels >1000 W ERP (1640 W EIRP). Building-mounted antennas: Total power of all channels >1000 W ERP (1640 W EIRP). * * * * * * * * 4. Section 1.9005 is amended by adding a new paragraph (mm) to read as follows: ■ § 1.9005 khammond on DSKBBV9HB2PROD with PROPOSALS * * Included services. * VerDate Sep<11>2014 * * * Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS ■ 6. Section 2.106 is amended by revising page 31 to read as follows: 5. The authority citation for part 2 continues to read as follows: Jkt 247001 * (mm) The 900 MHz Broadband Service (part 27 of this chapter). ■ * 16:58 Apr 02, 2019 * PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\03APP1.SGM 03APP1 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules 894-1400 MHz (UHF) Table of Frequency Allocations Region 1 Table 890-942 FIXED MOBILE except aeronautical rnobile 5.317 A BROADCASTING 5.322 Radiolocation International Table Region 2 Table 890-902 FIXED MOBILE except aeronautical rnobile 5.317A Radio location Region 3 Table 890-942 FIXED MOBILE 5.317A BROADCASTING Radiolocation Page 31 United States Table FCC Rule Part(s) Non-Federal Table (See previous page) 894-896 AERONAUTICAL MOBILE Public Mobile (22) Federal Table 890-902 US116 US268 896-901 FIXED MOBILE except aeronautical rnobile US116 US268 901-902 FIXED MOBILE 5.318 5.325 902-928 FIXED Arnateur Mobile except aeronautical rnobile 5.325A Radio location US116 US268 G2 902-928 RADIOLOCATION G59 Personal Cornrnunications (24) US116 US268 902-928 ISM Equipment (18) Private Land Mobile (90) Arnateur Radio (97) 5.150 US218 US267 US275 5.150 US218 US267 G11 US275 928-932 928-929 FIXED 5.150 5.325 5.326 928-942 FIXED MOBILE except aeronautical rnobile 5.317A Radio location US116 US268 NG35 929-930 FIXED LAND MOBILE US116 US268 930-931 FIXED MOBILE US116 US268 931-932 FIXED LAND MOBILE US116 US268 G2 932-935 FIXED US116 US268 932-935 FIXED US268 G2 US268 NG35 935-941 935-940 FIXED MOBILE except aeronautical rnobile US116 US268 940-941 FIXED MOBILE khammond on DSKBBV9HB2PROD with PROPOSALS US116 US268 G2 US116 US268 PART 20—COMMERCIAL MOBILE SERVICES 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c, unless otherwise noted. 7. The authority citation for part 20 continues to read as follows: ■ ■ Authority: 47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 222, 251(e), 301, 302, 303, VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 8. Section 20.12 is amended by revising paragraph (a)(1) to read as follows: PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 Wireless Cornrnunications (27) Private Land Mobile I (90J § 20.12 Public Mobile (22) Private Land Mobile (90) Fixed Microwave (101) Private Land Mobile (90) Personal Cornrnunications (24) Public Mobile (22) Public Mobile (22) Fixed Microwave (101) Wireless Cornrnunications (27) Private Land Mobile (90) Personal Cornrnunications (24) Resale and roaming. (a)(1) Scope of manual roaming and resale. Paragraph (c) of this section is applicable to providers of Broadband Personal Communications Services (part 24, subpart E of this chapter), Cellular Radio Telephone Service (part 22, E:\FR\FM\03APP1.SGM 03APP1 EN03AP19.006</GPH> 12996 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules subpart H of this chapter), Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands (included in part 90, subpart S of this chapter), and 900 MHz Broadband Service (included in part 27, subpart P of this chapter) if such providers offer real-time, two-way switched voice or data service that is interconnected with the public switched network and utilizes an in-network switching facility that enables the provider to re-use frequencies and accomplish seamless hand-offs of subscriber calls. The scope of paragraph (b) of this section, concerning the resale rule, is further limited so as to exclude from the requirements of that paragraph those Broadband Personal Communications Services C, D, E, and F block licensees that do not own and control and are not owned and controlled by firms also holding cellular A or B block licenses. * * * * * PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 9. The authority citation for part 27 continues to read as follows: ■ Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 337, 1403, 1404, 1451, and 1452, unless otherwise noted. 10. Section 27.1 is amended by adding paragraph (b)(15) to read as follows: ■ § 27.1 Basis and purpose. * * * * * (b) * * * (15) 897.5–900.5 MHz and 936.5– 939.5 MHz. * * * * * ■ 11. Section 27.5 is amended by adding paragraph (m) to read as follows: § 27.5 Frequencies. khammond on DSKBBV9HB2PROD with PROPOSALS * * * * * (m) 900 MHz Broadband. The paired 897.5–900.5 MHz and 936.5–939.5 MHz bands are available for assignment on a geographic basis. For operations in the 897.5–900.5 MHz and 936.5–939.5 MHz bands (designated as Channels 121–360 in section 90.613 of this chapter), no new applications for narrowband systems under part 90, subpart S of this chapter will be accepted and no applications for modification of existing stations for major changes as defined in § 1.929 of this chapter will be accepted pursuant to § 27.1517 of this part. * * * * * ■ 12. Section 27.12 is amended by revising paragraph (a) to read as follows: § 27.12 Eligibility. (a) Except as provided in paragraph (b) and in §§ 27.604, 27.1201, 27.1202, VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 and 27.1509, any entity other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license under this part. * * * * * ■ 13. Section 27.13 is amended by adding paragraph (m) to read as follows: § 27.13 License Period. * * * * * (m) 900 MHz Broadband. Authorizations for the 897.5–900.5 MHz and 936.5–939.5 MHz bands will have a term not to exceed 15 years from the date of initial issuance. * * * * * ■ 14. Part 27 is amended by adding a new subpart P to read as follows: Subpart P—Regulations Governing Licensing and Use of 900 MHz Broadband Service in the 896–901 and 935–940 MHz Bands Sec. 27.1501 Scope 27.1503 Definitions 27.1505 Licensing of the 897.5–900.5/ 936.5–939.5 MHz band 27.1507 900 MHz Broadband subject to competitive bidding 27.1509 Eligibility 27.1511 Performance requirements 27.1513 [Reserved] 27.1515 [Reserved] 27.1517 Frequencies 27.1519 Effective radiated power limits for 900 MHz Broadband systems 27.1521 Field strength limit 27.1523 [Reserved] 27.1525 Emission limits 27.1527 [Reserved] § 27.1501 Scope. This subpart sets out the regulations governing the licensing and operations of 900 MHz BB systems operating in the 897.5–900.5/936.5–939.5 MHz band. It includes eligibility requirements and operational and technical standards for stations licensed in this band. It also supplements the rules regarding application procedures contained in part 1, subpart F of this chapter and the competitive bidding procedures contained in part 1, subpart Q of this chapter. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing, competitive bidding and operation in this frequency band. § 27.1503 Definitions. Terms used in this subpart shall have the following meanings: (a) 900 MHz Broadband (900 MHz BB). The market-based 900 MHz PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 12997 broadband systems in the 897.5–900.5/ 936.5–939.5 MHz band licensed by the Commission pursuant to the provisions of this subpart. (b) 900 MHz Broadband (900 MHz BB) licensee. An entity that holds a 900 MHz BB license issued pursuant to § 27.1505 of this subpart. (c) 900 MHz Narrowband. The segment of realigned 900 MHz spectrum in the 896–897.5/900.5–901/935–936.5/ 939.5–940 MHz band designated for narrowband operations and licensed pursuant to 47 CFR part 90, subpart S of this chapter. (d) Covered incumbent licensee. Any entity that holds an existing site-based license in the 897.5–900.5/936.5–939.5 MHz band that, pursuant to § 90.621 of this chapter, is required to be protected by the 900 MHz BB licensee’s placement of a base station at any location within the county covered by the BB license. (e) Power spectral density (PSD). The power of an emission in the frequency domain, such as in terms of ERP or EIRP, stated per unit bandwidth, e.g., watts/MHz. (f) Prospective broadband licensee. An entity that holds the licenses for all 20 blocks of geographically-licensed SMR spectrum in the 896–901/935–940 MHz band and seeks to acquire a 900 MHz BB license via a Voluntary Exchange Process. (g) Voluntary Exchange Process. The process for realigning the 896–901/935– 940 MHz band, whereby the prospective broadband licensee and covered incumbent licensees voluntarily agree to a Transition Plan that will relocate to the 900 MHz Narrowband segment and/ or provide interference protection to all incumbent operations, thereby making the 900 MHz Broadband segment available for the prospective broadband licensee’s use, pursuant to the provisions of this subpart. (h) Transition Plan. Under a Voluntary Exchange Process for realigning the 900 MHz band, a filing made to the Commission as part of the prospective broadband licensee’s application for a new 900 MHz BB license that describes: (1) The spectrum frequencies within the broadband segment that the prospective broadband licensee seeks from Commission inventory, (2) the rights to all 20 geographically-licensed SMR blocks, and any site-based SMR or B/ILT licenses in the county that the licensee is relinquishing, (3) the applications that the parties to the agreement will file for spectrum in the narrowband segment in order to relocate or repack licensees, (4) a description of how the applicant will provide interference protection to, and/or relocate from the broadband E:\FR\FM\03APP1.SGM 03APP1 12998 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules segment, all covered incumbents, and (5) any rule waivers or other actions necessary to implement the Transition Plan. § 27.1505 Licensing of the 897.5–900.5/ 936.5–939.5 MHz band. § 27.1511 (a) License Area. [Reserved] (b) A 900 MHz BB licensee that permanently discontinues service as defined in § 1.953 must notify the Commission of the discontinuance within 10 days by filing FCC Form 601 requesting license cancelation. An authorization will automatically terminate, without specific Commission action, if service is permanently discontinued as defined in this chapter, even if a licensee fails to file the required form requesting license cancelation. § 27.1507 900 MHz Broadband subject to competitive bidding. Mutually exclusive initial applications for 900 MHz broadband licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. khammond on DSKBBV9HB2PROD with PROPOSALS § 27.1509 Eligibility (a) Voluntary Exchange Process. Eligibility for a 900 MHz BB license in a county that is transitioned using a Voluntary Exchange Process is limited to the following restrictions: (1) The applicant must hold the licenses for all 20 blocks of geographically-licensed 900 MHz SMR spectrum in the county; (2) The applicant must account for all covered incumbent(s) by demonstrating one or more of the following: (i) Agreement by covered incumbent(s) to relocate from the broadband segment, (ii) protection of covered incumbent(s) through compliance with minimum spacing criteria set forth in § 90.621(b) of this chapter, and/or (iii) protection of covered incumbent(s) through new or existing letters of concurrence agreeing to lesser base station separations. The applicant may use its current 900 MHz holdings in the narrowband segment to relocate covered incumbents. Spectrum used for the purposes of relocating incumbent(s) may not exceed the incumbent’s current spectrum holdings in the relevant county, unless additional channels are necessary to achieve equivalent coverage and/or capacity; and (3) The applicant must agree to return to the Commission the rights to all 20 blocks of geographically-licensed SMR spectrum in the relevant county, as well as any B/ILT or SMR site-based licenses. VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 (b) Auction. Eligibility for a 900 MHz BB license in a county that has been transitioned using an auction mechanism is subject to the restrictions listed in § 27.12 of this chapter. Performance requirements. (a) 900 MHz BB licensees shall demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter. (1) The licensee must certify whether it has met the applicable performance requirements. The licensee must file a description and certification of the areas for which it is providing service. The construction notifications must include electronic coverage maps and supporting technical documentation regarding the type of service it is providing for each licensed area within its service territory and the type of technology used to provide such service, and certify the accuracy of such documentation. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee’s technology. (2) To demonstrate compliance with these performance requirements, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. (b) The following performance requirements apply to 900 MHz BB licensees: (1) A licensee shall provide reliable signal coverage and offer service within six years from the date of the initial license to at least 45 percent of the population in each of its license areas (‘‘First Buildout Requirement’’). (2) A licensee shall provide reliable signal coverage and offer service within PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 12 years from the date of the initial license to at least 80 percent of the population in each of its license areas (‘‘Second Buildout Requirement’’). (3) If a licensee fails to establish that it meets the First Buildout Requirement for a particular license area, the licensee’s Second Buildout Requirement deadline and license term will be reduced by two years. (4) If a licensee fails to establish that it meets the Second Buildout Requirement for a particular license area, its authorization for each license area in which it fails to meet the Second Buildout Requirement shall terminate automatically without Commission action, and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. (c) Broadband Service Requirement. To satisfy the performance requirements described in paragraph (b), 900 MHz BB licensees must deploy broadband technologies and offer broadband services. § 27.1513 [Reserved] § 27.1515 [Reserved] § 27.1517 Frequencies. 896–901 MHz and 935–940 MHz bands. The 897.5–900.5 MHz and 936.5–939.5 MHz band segments are available for licensing with an authorized bandwidth up to 3 megahertz. The 897.5–900.5 MHz segment must only be used for uplink transmissions. The 936.5–939.5 MHz segments must only be used for downlink transmissions. § 27.1519 Effective radiated power limits for 900 MHz Broadband systems. (a) Maximum ERP. The power limits specified in this section are applicable to operations outside the Canadian and Mexican border areas. Power limits for operation in those areas are specified in section 27.1523 of this part. (1) General Limit. (i) The ERP for base and repeater stations must not exceed 400 watts/ megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 400 watts/ megahertz ERP in accordance with Table 1 of paragraph (e) of this section. (ii) Provided that they also comply with paragraphs (b) and (c) of this section, licensees are permitted to operate base and repeater stations with up to a maximum ERP of 1000 watts/ megahertz power spectral density (PSD) per sector and an antenna height of 304 E:\FR\FM\03APP1.SGM 03APP1 khammond on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 1000 watts/ megahertz ERP in accordance with Table 2 of paragraph (e) of this section. (2) Rural Areas. For systems operating in areas more than 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census: (i) The ERP for base and repeater stations must not exceed 800 watts/ megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 800 watts/ megahertz ERP in accordance with Table 3 of paragraph (e) of this section. (ii) Provided that they also comply with paragraphs (b) and (c) of this section, base and repeater stations may operate with up to a maximum ERP of 2000 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 2000 watts/megahertz ERP in accordance with Table 4 of paragraph (e) of this section. (3) Mobile, control and auxiliary test stations must not exceed 10 watts ERP. (4) Portable stations must not exceed 3 watts ERP. (b) Power flux density (PFD). Each 900 MHz BB base or repeater station that exceeds the ERP limit of paragraphs (a)(1)(i) or (a)(2)(i) of this section must be designed and deployed so as not to exceed a modeled PFD of 3000 microwatts/m2/MHz over at least 98% of the area within 1 km of the base or repeater station antenna, at 1.6 meters above ground level. To ensure compliance with this requirement, the licensee must perform predictive modeling of the PFD values within at least 1 km of each base or repeater station antenna prior to commencing such operations and, thereafter, prior to making any site modifications that may increase the PFD levels around the base or repeater station. The modeling must take into consideration terrain and other local conditions and must use good engineering practices for the 900 MHz band. (c) Power measurement. Measurement of 900 MHz BB base transmitter and repeater ERP must be made using an average power measurement technique. VerDate Sep<11>2014 16:58 Apr 02, 2019 Jkt 247001 Power measurements for base transmitters and repeaters must be made in accordance with either of the following: (1) A Commission-approved average power technique (see FCC Laboratory’s Knowledge Database); or (2) For purposes of this section, peak transmit power must be measured over an interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. (d) PAR limit. The peak-to-average ratio (PAR) of the transmission must not exceed 13 dB. (e) Height-power limit. As specified in paragraph (a) of this section, the following tables specify the maximum base station power for antenna heights above average terrain (HAAT) that exceed 304 meters. TABLE 1—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE STATIONS PERMITTED TO TRANSMIT WITH UP TO 400 WATTS/MEGAHERTZ Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) ......... Above 1220 (4000) To 1372 (4500) ................. Above 1067 (3500) To 1220 (4000) ................. Above 915 (3000) To 1067 (3500) ................. Above 763 (2500) To 915 (3000) ................... Above 610 (2000) To 763 (2500) ................... Above 458 (1500) To 610 (2000) ................... Above 305 (1000) To 458 (1500) ................... Up to 305 (1000) ............ 26 28 30 40 80 140 240 400 HERTZ Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) ......... PO 00000 Frm 00046 Fmt 4702 TABLE 2—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE STATIONS PERMITTED TO TRANSMIT WITH UP TO 1000 WATTS/MEGAHERTZ—Continued Antenna height (AAT) in meters (feet) Above 1220 (4000) To 1372 (4500) ................. Above 1067 (3500) To 1220 (4000) ................. Above 915 (3000) To 1067 (3500) ................. Above 763 (2500) To 915 (3000) ................... Above 610 (2000) To 763 (2500) ................... Above 458 (1500) To 610 (2000) ................... Above 305 (1000) To 458 (1500) ................... Up to 305 (1000) ............ Effective radiated power (ERP) (watts/megahertz) 70 75 100 140 200 350 600 1000 TABLE 3—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE STATIONS PERMITTED TO TRANSMIT WITH UP TO 800 WATTS/MEGAHERTZ Antenna height (AAT) in meters (feet) Above 1372 (4500) ......... Above 1220 (4000) To 1372 (4500) ................. Above 1067 (3500) To 1220 (4000) ................. Above 915 (3000) To 1067 (3500) ................. Above 763 (2500) To 915 (3000) ................... Above 610 (2000) To 763 (2500) ................... Above 458 (1500) To 610 (2000) ................... Above 305 (1000) To 458 (1500) ................... Up to 305 (1000) ............ Effective radiated power (ERP) (watts/megahertz) 52 56 60 80 112 160 280 480 800 56 TABLE 2—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE STATIONS PERMITTED TO TRANSMIT WITH UP TO 1000 WATTS/MEGAAntenna height (AAT) in meters (feet) 12999 Sfmt 4702 65 TABLE 4—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE STATIONS PERMITTED TO TRANSMIT WITH UP TO 2000 WATTS/MEGAHERTZ Antenna height (AAT) in meters (feet) Above 1372 (4500) ......... Above 1220 (4000) To 1372 (4500) ................. Above 1067 (3500) To 1220 (4000) ................. Above 915 (3000) To 1067 (3500) ................. Above 763 (2500) To 915 (3000) ................... E:\FR\FM\03APP1.SGM 03APP1 Effective radiated power (ERP) (watts/megahertz) 130 140 150 200 280 13000 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules paragraphs (a) and (b) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the Effective radiated licensee’s band, a resolution bandwidth of at least 1 percent of the emission power (ERP) (watts/megahertz) bandwidth of the fundamental emission of the transmitter may be employed. The emission bandwidth is defined as the 400 width of the signal between two points, 700 one below the carrier center frequency and one above the carrier center 1200 frequency, outside of which all 2000 emissions are attenuated at least 26 dB below the transmitter power. TABLE 4—PERMISSIBLE POWER AND ANTENNA HEIGHTS FOR BASE STATIONS PERMITTED TO TRANSMIT WITH UP TO 2000 WATTS/MEGAHERTZ—Continued Antenna height (AAT) in meters (feet) Above 610 (2000) To 763 (2500) ................... Above 458 (1500) To 610 (2000) ................... Above 305 (1000) To 458 (1500) ................... Up to 305 (1000) ............ § 27.1521 Field strength limit. The predicted or measured median field strength must not exceed 40 dBmV/ m at any given point along the 900 MHz BB market boundary, unless the affected licensee agrees to a different field strength. This value applies to both the initially offered service areas and to partitioned service areas. (d) The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power. PART 90—PRIVATE LAND MOBILE RADIO SERVICES 15. The authority citation for part 90 continues to read as follows: ■ § 27.1523 [Reserved] § 27.1525 Emission limits. The power of any emission outside a licensee’s frequency band(s) of operation shall be attenuated below the transmitter power (P) in watts by at least the following amounts: (a) For 900 MHz BB operations in 897.5–900.5 MHz band by at least 43 + 10 log (P) dB. (b) For 900 MHz BB operations in the 936.5–939.5 MHz band, by at least 50 + 10 log (P) dB. (c) Measurement procedure. Compliance with the provisions of Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), 1401–1473. * Definitions. * * * § 90.35 * 900 MHz Broadband (900 MHz BB). See section 27.1503 of part 27 of this chapter. * * * * * Industrial/Business Pool. (c) * * * (71) Subpart S of this part contains rules for assignment of frequencies in the 806–821/851–866 MHz band and for narrowband operations in the 896–901/ 935–940 MHz band. * * * * * ■ 18. Section 90.205 is amended by revising paragraph (k) to read as follows: § 90.205 Power and antenna height limits. * * * * * (k) 806–824 MHz, 851–869 MHz, 896– 901 MHz and 935–940 MHz. Power and height limitations for frequencies in the 806–821/851–866 MHz band and for narrowband operations in the 896–901/ 935–940 MHz band are specified in § 90.635 of this part. * * * * * ■ 19. Section 90.209 is amended by revising paragraph (b)(3) and adding a new footnote 7 to the table in paragraph (b)(5) to read as follows: § 90.209 16. Section 90.7 is amended by adding a definition for ‘‘900 MHz Broadband (900 MHz BB)’’ in alphabetical order to read as follows: ■ § 90.7 17. Section 90.35 is be amended by revising paragraph (c)(71) to read as follows: ■ Bandwidth limitations. * * * * * (b) * * * (3) For all other types of emissions, except for emissions associated with 900 MHz BB systems under subpart P of part 27 of this chapter, the maximum authorized bandwidth shall not be more than that normally authorized for voice operations. * * * * * (5) * * * STANDARD CHANNEL SPACING/BANDWIDTH Channel spacing (kHz) Frequency band (MHz) * * * * * 896–901/935–940 7 .................................................................................................................................................. * khammond on DSKBBV9HB2PROD with PROPOSALS 7 900 * * * * * * Authorized bandwidth (kHz) * 12.5 * * 13.6 * * * * * * * * MHz BB systems may operate on channels and with bandwidths pursuant to the rules specified in subpart P of part 27 of this chapter. * VerDate Sep<11>2014 * * 18:48 Apr 02, 2019 20. Section 90.210 is amended by adding a new footnote 7 to the table in the introductory text to read as follows: ■ Jkt 247001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 § 90.210 * E:\FR\FM\03APP1.SGM * Emission masks. * 03APP1 * * 13001 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Proposed Rules APPLICABLE EMISSION MASKS Frequency band (MHz) Mask for equipment with audio low pass filter * * * * * 896–901/935–940 7 ................................................................................................................................................. * I ...................... * * * * * * Mask for equipment without audio low pass filter * J * 7 Equipment used with 900 MHz BB systems operating under subpart P of part 27 of this chapter is subject to the emission limitations in § 27.1525 of this chapter. * * * * * 21. Section 90.213 is amended by adding a new footnote 15 to the table in paragraph (a) to read as follows: ■ § 90.213 Frequency stability. (a) * * * MINIMUM FREQUENCY STABILITY [Parts per million (ppm)] Mobile stations Frequency range (MHz) Fixed and base stations * * * * * 896–901 15 .................................................................................................................................... 140.1 * * * * * 935–940 15 .................................................................................................................................... 0.1 * * * * Over 2 watts output power * * 1.5 * * 2 watts or less output power 1.5 * 1.5 * 1.5 * * * * * * * * used with 900 MHz BB systems operating under subpart P of part 27 of this chapter is exempt from the frequency stability requirements of this section. Instead, the frequency stability shall be sufficient to ensure that the fundamental emissions stay within the authorized bands of operation. 15 Equipment * * * * * * * * * * 22. Section 90.601 is amended to read as follows: ■ khammond on DSKBBV9HB2PROD with PROPOSALS § 90.601 Scope. This subpart sets out the regulations governing the licensing and operations of all systems operating in the 806–824/ 851–869 MHz and 896–901/935–940 MHz bands, except for 900 MHz BB systems operating in the 897.5–900.5/ 936.5–939.5 MHz band under subpart P of part 27 of this chapter. It includes eligibility requirements, and operational and technical standards for stations licensed in these bands. It also supplements the rules regarding application procedures contained in part 1, subpart F of this chapter. The VerDate Sep<11>2014 18:48 Apr 02, 2019 Jkt 247001 rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in these frequency bands. ■ 23. Section 90.613 is amended by revising the introductory text to read as follows: § 90.613 Frequencies available. The following table indicates the channel designations of frequencies available for assignment to eligible applicants under this subpart. Frequencies shall be assigned in pairs, with mobile and control station transmitting frequencies taken from the 806–824 MHz band with corresponding base station frequencies being 45 MHz PO 00000 Frm 00048 Fmt 4702 Sfmt 9990 higher and taken from the 851–869 MHz band, or with mobile and control station frequencies taken from the 896–901 MHz band with corresponding base station frequencies being 39 MHz higher and taken from the 935–940 MHz band. For operations in the 897.5–900.5 MHz and 936.5–939.5 MHz bands (Channels 121–360), no new applications for narrowband systems under this subpart will be accepted and no applications for modification of existing stations for major changes as defined in § 1.929 of this chapter will be accepted pursuant to § 27.1517 of this chapter. Only the base station transmitting frequency of each pair is listed in the following table. [FR Doc. 2019–06349 Filed 4–2–19; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\03APP1.SGM 03APP1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Proposed Rules]
[Pages 12987-13001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06349]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 20, 27 and 90

[WT Docket No. 17-200; FCC 19-18]


Commission Proposes To Reconfigure the 900 MHz Band To Facilitate 
Broadband Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes and seeks comment on facilitating broadband 
deployment in the 896-901/935-940 MHz band (900 MHz band) currently 
configured for narrowband operations. Specifically, the Commission 
proposes to realign the band to create a paired \3/3\ megahertz 
broadband segment, licensed on a geographic basis, while reserving two 
remaining segments for continued narrowband operations. The Commission 
proposes to authorize a market-driven voluntary exchange process that 
would allow existing licensees in the band to mutually agree to a plan 
for clearing of the broadband segment by relocating site-based 
incumbents to narrowband spectrum. The Commission also seeks comment on 
two other transition methods--an auction of overlay licenses and an 
incentive auction, options that might be needed to effectuate 900 MHz 
band realignment in certain markets. This proposed action is consistent 
with the Commission's ongoing recent efforts to increase access to 
flexible-use spectrum.

DATES: Interested parties may file comments on or before May 3, 2019, 
and reply comments on or before June 3, 2019.

ADDRESSES: You may submit comments, identified by WT Docket No. 17-200, 
by any of the following methods:
     Federal Communications Commission's Website: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: All hand-delivered or messenger-delivered paper 
filings for the Commission's Secretary must be delivered to FCC 
Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554. 
The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes and boxes 
must be disposed of before entering the building. Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. 
Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street SW, Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.

[[Page 12988]]

    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Stana Kimball, 
[email protected], of the Wireless Telecommunications Bureau, 
Mobility Division, (202) 418-1306.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WT Docket No. 17-200, FCC 19-18, 
released on March 14, 2019. The complete text of the NPRM is available 
for viewing via the Commission's ECFS website by entering the docket 
number, WT Docket No. 17-200. The complete text of the NPRM is also 
available for public inspection and copying from 8:00 a.m. to 4:30 p.m. 
Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 
a.m. ET on Fridays in the FCC Reference Information Center, 445 12th 
Street SW, Room CY-B402, Washington, DC 20554, telephone 202-488-5300, 
fax 202-488-5563.
    Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Comment and Reply Comment Filing Instructions

    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Parties should only file 
in GN Docket No. 17-258. Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail. All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Ex Parte Presentations

    The proceeding this NPRM initiates shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte 
rules (47 CFR 1.1200 et seq.). Persons making ex parte presentations 
must file a copy of any written presentation or a memorandum 
summarizing any oral presentation within two business days after the 
presentation (unless a different deadline applicable to the Sunshine 
period applies). Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentation must (1) list all 
persons attending or otherwise participating in the meeting at which 
the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules. We find that all ex parte presentations 
made by NTIA or Department of Defense representatives are exempt under 
our exemption for presentations by federal agencies sharing 
jurisdiction with the Commission (see 47 CFR 1.1204(a)(5)).

I. Notice of Proposed Rulemaking

    1. The NPRM proposes to realign the 900 MHz band \1\ to enable 
broadband deployment, and seeks comment on how to realign the band, how 
to conduct a transition, and the technical rules needed to make the 
realignment a reality. The NPRM proposes to create a \3/3\ megahertz 
segment broadband segment and to reserve the remainder of the 900 MHz 
band for continued narrowband operations. The Commission believes this 
proposal furthers important goals of the Communications Act of 1934, as 
amended (Communications Act), including improving the efficiency of 
spectrum use, and seeks comment on this view.
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    \1\ The 900 MHz band consists of 399 narrowband (12.5 kilohertz) 
frequency pairs grouped into 10-channel blocks that alternate 
between Specialized Mobile Radio (SMR) blocks that are 
geographically licensed by Major Trading Area (MTA) and Business/
Industrial Land Transportation (B/ILT) blocks in which channels are 
assigned on a site-by-site basis.
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A. Band Realignment To Create Broadband Licenses
    2. The NPRM propose a 3/3 megahertz broadband segment. The 
Commission anticipates that paired three megahertz blocks would be most 
suitable to create a viable broadband service in this band, and that 
paired 1.5 and .5 megahertz blocks could provide enough spectrum for 
900 MHz narrowband operations. Three megahertz blocks are supported by 
wireless technical standards such as Long Term Evolution (LTE), and 
they are also favored by commenters. The Commission's goal is to open 
the 900 MHz band for additional uses that will facilitate increased 
efficiency and encourage innovation, while continuing to accommodate 
narrowband incumbents. The NPRM seeks comment on this proposed 
approach, including its costs and benefits.
    3. To provide additional flexibility for the deployment of 
broadband services

[[Page 12989]]

in the 900 MHz band, the NPRM proposes to replace the Land Mobile 
Service allocation in the 900 MHz band with a Mobile Except 
Aeronautical Mobile Service allocation on a co-primary basis with the 
Fixed Service, consistent with the allocations in the 890-902 MHz and 
928-942 MHz bands in Region 2 of the International Table of Frequency 
Allocations.
    4. The NPRM proposes to designate 897.5-900.5 MHz/936.5-939.5 MHz 
as the broadband segment, leaving two separate narrowband segments: A 
1.5/1.5 megahertz segment (896-897.5/935-936.5 MHz) below the broadband 
segment and a .5/.5 megahertz segment (900.5-901/939.5-940 MHz) above 
the broadband segment.\2\ This arrangement provides 1.5 megahertz of 
separation between the broadband segment and the 894-896 MHz Air-Ground 
Radiotelephone Service/932-935 MHz fixed microwave systems spectrum, 
and 500 kilohertz of separation between the broadband segment and the 
901-902/940-941 MHz Narrowband Personal Communications Service 
spectrum.
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    \2\ That is, we propose that the broadband segment be composed 
of the existing channels with center frequencies from 897.5125/
936.5125 MHz (channel 121) to 900.5/939.5 MHz (channel 360). 
Channels 1-120 and 361-399 would continue to be designated for 
narrowband operations.
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    5. Under the Commission's proposal, in the markets that are 
transitioned to broadband use through one or more of the mechanisms 
described in the NPRM, the 896-897.5/935-936.5 MHz and 900.5-901/939.5-
940 MHz bands would no longer have a distinction between B/ILT and SMR 
blocks, but instead they would be designated as the narrowband segment 
available for site-based operations. The NPRM seeks comment on the rule 
modifications that may be necessary to facilitate band realignment and 
the creation of separate narrowband and broadband segments. 
Specifically, how should the Commission grant access to the narrowband 
segment and determine eligibility for narrowband segment licenses? To 
what extent will the Commission's interference protection criteria need 
to be modified to account for the existence of incumbent users and new 
licensed operations in the narrowband segment? The Commission also 
seeks comment on whether any necessary rule changes may vary depending 
on the specific transition mechanisms that the Commission may 
implement.
    6. The NPRM further seeks comment on redesignating the entire band 
for broadband operation. It seeks specific comment on whether the 
Commission should take any action to facilitate \5/5\ megahertz 
broadband operation on a nationwide basis or only in particular areas, 
such as where a single licensee controls all or almost all of the band 
or where there are very few narrowband users and little demand as 
demonstrated by lack of licensing activity. What additional rule 
changes, if any, would we need to make to effectuate such a proposal? 
The Commission asks commenters to also discuss and quantify the costs 
and benefits of this or any other alternative approaches, such as a 
1.4/1.4 megahertz broadband channel coupled with larger protection 
bands between broadband and narrowband operations.
    7. Consistent with the Commission's approach in several other bands 
used to provide fixed and mobile services, the NPRM proposes to license 
the broadband segment on a geographic area basis and seeks comment on 
the appropriate geographic licensing area for the broadband segment. 
Due to wide variations in levels of incumbent use of 900 MHz band 
across geographic areas, the Commission seeks comment on issuing 
broadband licenses on a county-by-county basis and asks whether to base 
such a county licensing scheme on 2017 county boundaries, the most 
recent county boundaries currently available through the Census Bureau, 
as used in the 3.5 GHz band. As an alternative, the Commission seeks 
comment on issuing broadband licenses over a larger geography.
    8. The NPRM asks commenters to address the most suitable license 
area for 900 MHz band broadband licenses, and explain the costs and 
benefits of various approaches, especially with respect to rural areas. 
Would larger geographic licenses limit the ability of electric 
utilities or other non-traditional stakeholders in acquiring such 
licenses? Conversely, are there additional reasons that make larger 
geographic areas better suited for the broadband license? The 
Commission asks stakeholders to also comment on what license size would 
best facilitate relocation of incumbent users.

B. Transition to the New Band Alignment

    9. The NPRM first proposes to authorize a market-driven, voluntary 
exchange process that would allow existing licensees to come together 
and mutually agree to a plan for relocating site-based incumbents and 
transitioning the band for broadband use. The Commission recognizes, 
however, that a voluntary process may not be successful in all markets, 
particularly those with a substantial number of incumbents. Therefore, 
in order to facilitate a nationwide realignment for broadband uses, the 
Commission also seeks comments on the two other methods of 
transitioning the band to broadband use: an auction of overlay licenses 
and an incentive auction. The NPRM seeks comment on the costs and 
benefits of our proposal, any alternatives, and their combinations.
1. A Market-Driven Voluntary Exchange Process
    10. The NPRM proposes to initially rely on a market-driven approach 
through which 900 MHz licensees may engage in voluntary exchange 
mechanisms to facilitate clearing of the broadband segment. This 
approach seeks to take advantage of the speed and efficiency of 
voluntary realignment through private agreements between incumbents. 
The NPRM proposes to give site-based incumbents the opportunity to 
relocate on a voluntary basis and allow an eligible party to acquire a 
broadband license on a county-by-county basis in the cleared spectrum.
    11. Under this proposal, the Commission would require the 
prospective broadband licensee to hold the licenses for all 20 
geographically-licensed blocks of 900 MHz SMR spectrum in the relevant 
county. The prospective broadband licensee could then negotiate with 
site-based incumbents to move narrowband operations out of the 
broadband segment and agree to clear the spectrum to enable use of 3/3 
megahertz of contiguous spectrum. Subject to the restrictions and 
requirements discussed in this section, the new broadband licensee 
could then apply for a license to operate on a primary basis in the 3/3 
megahertz broadband segment in each county it successfully clears.
    12. Eligibility. To be eligible for a new 900 MHz broadband license 
in a given county, the NPRM proposes that the applicant must: (1) Hold 
licenses covering the entire county for all 20 geographically-licensed 
SMR blocks,\3\ (2) reach an agreement to clear from the broadband 
segment, or demonstrate how it will protect, all covered incumbent 
licensees, and (3) agree to return to the Commission all 900 MHz 
licenses for the relevant county, including any site-based B/ILT or SMR 
licenses. The NPRM seeks comment on these eligibility restrictions, 
including

[[Page 12990]]

whether any of the terms should be defined in greater detail. It also 
seeks comment on any other eligibility restrictions that may be 
necessary to ensure an efficient realignment process and to limit the 
amount of spectrum the Commission must license from inventory.
---------------------------------------------------------------------------

    \3\ The licensee must hold the rights to all spectrum associated 
with each of the 20 SMR blocks, i.e., a total of 5 megahertz. 
Alternatively, the Commission seeks comment on whether to allow a 
licensee to use any combination of 900 MHz spectrum (e.g., B/ILT 
and/or SMR) to be eligible for a new broadband license, provided 
that such spectrum totals at least 5 megahertz and covers the entire 
county for which it seeks a license.
---------------------------------------------------------------------------

    13. In certain markets, the Commission may currently hold some SMR 
inventory, such that the prospective broadband licensee could not hold 
all 20 geographically-licensed blocks of SMR spectrum. The NPRM seeks 
comment on how to apply the proposed eligibility restriction in such 
cases. Should the Commission decline to apply this process where the 
Commission would need to issue additional spectrum from inventory 
beyond the 1 megahertz already required to create a 3/3 broadband 
segment in any market? Or, where some geographic-area SMR licenses 
remain in Commission inventory, should it require the prospective 
broadband licensee to hold all the SMR licenses that have been issued, 
provided that it meets some minimum threshold of licenses? If so, what 
would be the appropriate minimum threshold to facilitate the voluntary 
exchange process in such markets while also mitigating the risk of an 
undue windfall to the prospective broadband licensee?
    14. Under this proposal, the prospective broadband licensee must 
either reach an agreement to clear, or demonstrate how it will provide 
interference protection to, all covered incumbents relating to the 
county for which it seeks a 3/3 megahertz broadband license. The NPRM 
proposes to define ``covered incumbents'' as any site-based licensee 
that is required under current rules to be protected by the placement 
of a broadband licensee's base station at any location within the 
county. Under existing 900 MHz co-channel separation requirements, co-
channel systems must comply with a minimum spacing criteria of at least 
113 kilometers (70 miles) separation distance between base stations. 
Under the Commission's proposal, the prospective broadband licensee 
would need to account for all covered incumbents in its Transition Plan 
by demonstrating one or more of the following: (1) Agreement by covered 
incumbents to relocate from the broadband segment, (2) protection of 
covered incumbents through compliance with minimum spacing criteria, 
and/or (3) protection of covered incumbents through new or existing 
letters of concurrence agreeing to lesser base station separations. The 
Commission seeks comment on this approach and asks commenters to 
discuss the costs and benefits of any alternative approach.
    15. Because the Commission's proposal is to implement a process 
where successful voluntary negotiations in a given market would result 
in band realignment and issuance of initial broadband licenses without 
the filing of mutually exclusive applications, the NPRM seeks comment 
on the risks that a prospective broadband licensee would realize an 
undue windfall in markets where a voluntary exchange is achieved. 
Should the Commission require the new broadband licensee to offset the 
increase in value resulting from the creation of a contiguous band 
segment? Should it require the prospective broadband licensee to 
compensate the U.S. Treasury for the difference between the market 
value of the 3/3 megahertz broadband license and the total value of the 
SMR licenses it relinquishes, plus any costs it incurs to relocate 
incumbents from the broadband segment? The Commission seeks comment on 
whether these or any other anti-windfall provisions might be 
appropriate in this proceeding and how to quantify the public benefits 
of implementing a voluntary exchange option to repurpose the 900 MHz 
band for broadband use, in light of any potential windfall that might 
accrue to incumbents.
    16. Applications. The NPRM proposes that an application seeking a 
900 MHz broadband license must include: (1) A certification that the 
applicant satisfies the eligibility restrictions (Eligibility 
Certification), and (2) a plan for transitioning the band in the 
particular county (Transition Plan) that describes the private 
agreements between the prospective broadband licensee and all covered 
incumbents. The Commission proposes that the Transition Plan must 
describe in detail all information and actions necessary to accomplish 
the realignment, including: (1) The spectrum frequencies within the 
broadband segment that the prospective broadband licensee seeks from 
Commission inventory, (2) the rights to all 20 geographically-licensed 
SMR blocks, and any site-based SMR or B/ILT licenses in the county that 
the licensee is relinquishing, (3) the applications that the parties to 
the agreement will file for spectrum in the narrowband segment in order 
to relocate or repack licensees, (4) a description of how the applicant 
will provide interference protection to, and/or relocate from the 
broadband segment, all covered incumbents, and (5) any rule waivers or 
other actions necessary to implement the agreement.
    17. The NPRM also seeks comment on whether incumbent site-based 
licensees would be unduly burdened by the imposition of a mandatory 
relocation requirement. Would requiring mandatory relocation as a 
component of this transition mechanism be an effective means of 
mitigating against holdouts, while also preserving the advantages of a 
purely voluntary and market-driven approach? Should the Commission 
limit any mandatory relocation to counties where the prospective 
broadband licensee holds more than 3 megahertz uplink and 3 megahertz 
downlink in the 900 MHz band (across the county including both SMR and 
site-based licenses) and, if so, how should we calculate the site-based 
spectrum holdings? The Commission seeks comment on the costs and 
benefits of any approach for addressing the holdout problem.
    18. Procedures. The NPRM proposes to commence the voluntary 
exchange process by issuing a public notice opening a filing window to 
accept applications consistent with the proposed eligibility and 
application requirements. Because the voluntary exchange process is an 
initial solution that may not result in clearing of a 3/3 broadband 
segment in all markets, potentially requiring supplemental transition 
methods, the Commission may ultimately implement an overlay or 
incentive auction in those areas where the process does not result in 
realignment of the band. The Commission therefore seeks comment on 
whether the filing window should be open indefinitely, or whether it 
should designate some period of time by which any qualifying 
applications must be filed. Would creating a finite window help to 
encourage negotiations and curtail holdout problems? If so, what period 
of time would be sufficient to allow incumbents to complete 
negotiations and develop an agreement to transition the band? 
Conversely, if the window is undefined, should the Commission provide 
notice prior to closing the window in those areas where voluntary 
transition is not successful? If so, how much prior notice would be 
sufficient for incumbents with pending negotiations to finalize an 
agreement and make the necessary filings? The Commission seek comment 
on these and any other issues relating to the application filing 
window.
2. An Auction of Overlay Licenses
    19. The NPRM also seeks comment on whether an auction of overlay 
900 MHz broadband licenses, coupled with the right to mandatorily 
relocate narrowband incumbents in the entire

[[Page 12991]]

band, might be a viable alternative method in certain markets to ensure 
adequate access to broadband spectrum. Under this approach, the 
Commission would conduct, where appropriate, an auction of a single 3/3 
megahertz overlay license in a geographic area (e.g., county or other 
area which the Commission finds most suitable for this transition 
method). The winning bidder would be entitled to require incumbents to 
relocate to narrowband frequencies outside the 3/3 broadband segment, 
provided it pays for appropriate relocation costs as discussed below. 
The Commission seeks comment on this alternative approach, particularly 
the costs and benefits associated with implementation.
    20. The NPRM also asks and seeks comment on whether it should 
consider conducting an auction of a single 5/5 megahertz overlay 
license in each market. Under the auction of either a 3/3 or 5/5 
megahertz overlay license approach, the NPRM also seeks comment on 
establishing a framework for compensating relocated incumbents. Should 
the Commission require that overlay licensees provide mandatorily 
relocated incumbents with ``comparable facilities,'' as the Commission 
has required in other bands? Specifically, the Commission seeks comment 
on the extent to which the rules governing 800 MHz rebanding would be 
appropriate for relocation in the 900 MHz band, or whether other 
relocation methodologies are more appropriate.
    21. The NPRM seeks comment on the appropriate overall time frame 
for mandatory relocation and how the Commission should proceed after 
its completion. Would a 2-year period for mandatory relocation be 
appropriate, or should the Commission consider a shorter or longer time 
frame?
3. An Incentive Auction
    22. The NPRM also seeks comment on whether the Commission should 
consider using its incentive auction authority to reduce encumbrances 
in the 900 MHz band. Under an incentive auction approach, the 
Commission would create a single 3/3 megahertz broadband license in 
each market by offering incentive-payments to existing MTA licensees in 
exchange for relinquishing spectrum usage rights, while also repacking 
site-based and any holdout MTA licensees. Incumbents with MTA licenses 
would be offered incentive payments in the form of vouchers in exchange 
for a commitment to relinquish their licensed spectrum usage rights. 
Accepting vouchers would be voluntary, however, and any MTA licensees 
participating in the auction for the broadband license would be 
required to commit to accepting vouchers for all their current 
licenses. In addition, any incumbent that wishes to bid for new 
licenses offered at auction would be required to relinquish all of its 
existing licenses for vouchers. The Commission would then run a clock 
auction to set both the price of new county-level broadband licenses 
and the amounts that incumbents will receive for relinquishing their 
MTA licenses. This single clock auction would simultaneously serve as 
the reverse and forward components of the incentive auction. At the end 
of the auction, the value of an incumbent's vouchers would be 
determined by the MHz-pops of spectrum usage rights relinquished and 
the price per unit of spectrum in the market as determined in an 
auction for the broadband license.
    23. Under the incentive auction approach, the Commission would 
require site-based incumbent licensees to be repacked into the 
narrowband segments. All site-based incumbents (both within and outside 
the broadband segment) would be repacked simultaneously with the 
objective of minimizing the total number of channels required for these 
licensees to operate. Newly created vacant channels would be available 
to repack non-participating MTA licensees and to create the broadband 
license. If the repacking plan determines that there is insufficient 
spectrum to create a 3/3 megahertz broadband license, site-based 
licensees would be offered vouchers in exchange for a commitment to 
relinquish licenses. The NPRM seeks comment on this alternative 
transition mechanism.
    24. The NPRM also seek comment on whether to reimburse any costs of 
relocating existing incumbents and, if so, how significant those costs 
likely would be. It also seeks comment on how to quantify the existing 
spectrum usage rights for purposes of offering vouchers to incumbents 
that do not hold geographic licenses in cases where such offers are 
required to achieve a 3/3 megahertz broadband license.
    25. The clock auction format would proceed in a series of rounds, 
with simultaneous bidding for all the county broadband licenses. In 
each round, the auction would announce prices for each county license, 
and qualified bidders would indicate whether they are willing to 
purchase the county license at that clock price. Bidders would be 
subject to activity and eligibility rules that govern the pace at which 
they participate in the auction. In each county, the clock price for 
the license would increase from round to round if bidders indicate 
total demand that exceeds one license. If supply is equal to demand in 
a county, a bidder would not be permitted to create ``excess supply'' 
by reducing its demand for the broadband license. The clock rounds 
would continue until, for every county license available, the number of 
licenses demanded was less than or equal to one. At that point, those 
bidders indicating demand for a county license at the final clock phase 
price would be deemed winning broadband license bidders.
    26. Following the auction, the processing of voucher payments for 
each incumbent licensee would depend on whether the spectrum offered in 
the reverse auction was needed in the forward broadband license 
auction. In counties where demand at the end of the forward auction 
equaled supply, the Commission would cancel the participating 
incumbents' licenses and make payments equal to the product of the 
final clock price and the MHz-Pops of spectrum relinquished by the 
incumbent. In counties where there was no demand for the broadband 
license, the Commissions proposes that incumbents would retain their 
existing spectrum usage rights and would receive no payments for their 
vouchers. To minimize the disruption to existing services, the 
Commission further proposes in this case that incumbent licensees would 
not be repacked since spectrum in these markets is unlikely to be 
sufficiently scarce to justify the cost of the repack. Alternatively, 
the Commission could pay for all vouchers and/or repack incumbents in 
every county regardless of the demand for a broadband license. The NPRM 
seeks comment on these and alternative approaches to implementing 
voucher payments and repacking incumbents.
    27. The NPRM also seeks comments on the method for ensuring that 
the forward auction for broadband licenses will generate sufficient 
revenues to pay for all reimbursed vouchers and incumbent relocation 
costs, should it be necessary and possible to make such payments. In 
the broadcast incentive auction, the Commission adopted a ``final stage 
rule'' to ensure that auction proceeds would be sufficient to cover 
costs, and in other auctions the Commission has adopted aggregate 
reserve prices to fund the estimated relocation costs. In part, the 
rule in the broadcast incentive auction implemented a net revenue 
requirement for the auction that accounted for any bidding credits, 
relocation expenses, and incentive payments. Under such a net revenue 
requirement, the auction would not close unless auction proceeds are 
sufficient to cover all required

[[Page 12992]]

payments. The Commission seeks comment on whether it should establish 
such a net revenue requirement.

C. Licensing and Operating Rules

    28. The NPRM proposes to designate the 900 MHz broadband service as 
a Miscellaneous Wireless Communications Service governed by Part 27 of 
the Commission's rules and asks commenters to identify any aspects of 
the Commission's general Part 27 service rules that should be modified 
to accommodate the characteristics of the proposed 900 MHz broadband 
segment. In the alternative, the Commission asks commenters to address 
whether 900 MHz broadband licenses should be regulated under Part 90 of 
the Commission's rules so that broadband licensees and narrowband 
incumbents in the 900 MHz band would be operating under a single set of 
rules.
    29. Eligibility. In the event the Commission adopts a voluntary 
exchange process for transitioning the 900 MHz band, the NPRM proposes 
specific eligibility restrictions for a new 3/3 megahertz broadband 
license. Alternatively, if the Commission adopts an overlay or 
incentive auction approach for realigning the band, consistent with the 
Commission's approach to date toward flexible use geographic licensing, 
the Commission seeks comment on adopting an open eligibility standard 
for such licenses in the 900 MHz broadband segment. Would adopting an 
open eligibility standard for the licensing of 900 MHz broadband 
spectrum through competitive bidding, where appropriate, encourage 
efforts to develop new technologies, products, and services, while 
helping to ensure efficient use of this spectrum? The Commission asks 
commenters to discuss the costs and benefits of the open eligibility 
proposal on competition, innovation, and investment.
    30. Mobile spectrum holdings policies. The NPRM seeks comment 
generally on whether and how to address any mobile spectrum holdings 
issues involving 900 MHz broadband spectrum to meet the Commission's 
statutory requirements and to ensure competitive access to the band. 
Given these characteristics, the Commission is not inclined to include 
the 900 MHz broadband segment in the Commission's spectrum screen, 
which helps to identify markets that may warrant further competitive 
analysis when evaluating proposed secondary market transactions. The 
NPRM asks commenters advocating for inclusion of the 900 MHz broadband 
segment in the screen to address specifically the suitability of this 
spectrum for use in the provision of mobile telephony/broadband 
services and to further discuss and quantify the costs and benefits of 
any proposals to apply mobile spectrum holdings policies to the 
proposed 900 MHz broadband segment.
    31. License term. The NPRM proposes to adopt a 15-year term for 
licenses in the 900 MHz broadband spectrum and seeks comment on the 
costs and benefits of this proposal. In addition, the Commission seeks 
comment on whether and to what extent we should adopt shorter terms for 
subsequent renewal terms, given that relocation, band clearance, and 
initial performance requirements already will have been satisfied upon 
renewal of a given 900 MHz broadband license. It invites commenters to 
submit alternate proposals for the appropriate license term, which 
should similarly include a discussion of the costs and benefits.
    32. Performance requirements. The NPRM seeks comment on adopting 
quantifiable benchmarks in the proposed broadband segment. 
Specifically, it seeks comment on requiring a 900 MHz broadband 
licensee to provide reliable signal coverage and to offer service to at 
least 45 percent of the population in each of its license areas within 
six years of the license issuance date (first performance benchmark), 
and to at least 80 percent of the population in each of its license 
areas within 12 years from the license issue date (second performance 
benchmark). The period for complying with these performance 
requirements would begin on the date that the is license is issued, 
irrespective of the extent to which the broadband licensee is able to 
successfully relocate existing licensees out of the 3/3 megahertz 
segment. After satisfying the 12-year, second performance benchmark, a 
licensee will be expected to continue to provide reliable signal 
coverage and offer service at or above that level for the remaining 
three years in the proposed 15-year license term in order to warrant 
license renewal.
    33. The NPRM also seeks comment on whether the proposals discussed 
above represent the appropriate balance between license-term length and 
a significant final buildout requirement. It seeks comment on the 
proposed buildout requirements and any potential alternatives and asks 
what alternative metrics would be necessary, if any, to accommodate 
potential users of the 900 MHz broadband segment, such as electric 
utilities or other B/ILT eligibles. Should the Commission adopt 
specific performance requirements tailored to account for use of the 
spectrum for private business purposes? The Commission also seeks 
comment on whether small entities face any special or unique issues 
with respect to buildout requirements such that they would require 
certain accommodations or additional time to comply. The Commission 
further asks commenters to discuss and quantify how any proposed 
buildout requirements will affect investment and innovation, as well as 
discuss and quantify other costs and benefits associated with the 
proposal.
    34. The NPRM proposes to require 900 MHz broadband licensees to 
deploy broadband technologies and offer broadband services in 
satisfying the proposed performance requirements and seeks comment on 
how to define broadband services for the purposes of this obligation. 
It also seeks comment on whether to similarly apply a broadband 
deployment requirement if the Commission uses an incentive or overlay 
auction to transition the 900 MHz band.
    35. Penalty for failure to meet performance requirements. The NPRM 
proposes that, in the event a 900 MHz broadband licensee fails to meet 
the first performance benchmark, the licensee's second benchmark and 
license term would be reduced by two years, thereby requiring it to 
meet the second performance benchmark two years sooner (i.e., at 10 
years into the license term) and reducing its license term to 13 years. 
The NPRM further proposes that, in the event a 900 MHz broadband 
licensee fails to meet the second performance benchmark for a 
particular license area, its authorization for that license area shall 
terminate automatically without Commission action.
    36. The NPRM proposes that, in the event a licensee's authority to 
operate terminates, the licensee's spectrum rights would become 
available for reassignment pursuant to the competitive bidding 
provisions of section 309(j) of the Communications Act (if 900 MHz 
broadband licenses are assigned through competitive bidding). Further, 
consistent with the Commission's rules for other broadband licenses, 
the Commission proposes that any 900 MHz broadband licensee that 
forfeits its license for failure to meet its performance requirements 
would be precluded from regaining that license. The NPRM seeks comment 
on other penalties that would effectively ensure timely buildout.
    37. Competitive bidding procedures. If the Commission adopts a 
geographic area licensing scheme that allows acceptance of mutually 
exclusive

[[Page 12993]]

applications for 900 MHz broadband licenses, the Commission will grant 
the licenses through a system of competitive bidding. The NPRM proposes 
to conduct any auction for 900 MHz broadband licenses in conformity 
with the general competitive bidding rules set forth in Part 1, subpart 
Q, of the Commission's rules and seeks comment on general application 
of the Part 1 competitive bidding rules to any auction of 900 MHz 
broadband spectrum licenses. It also seeks comment on whether any of 
the Commission's Part 1 rules or other competitive bidding policies 
would be inappropriate or should be modified for an auction of licenses 
in this band. The Commission seeks comment on the costs and benefits of 
these proposals.
    38. The NPRM seeks comment on whether to make bidding credits for 
designated entities available for this band and how to define a small 
business if the Commission decides to offer small business bidding 
credits. It seeks comment on defining a small business as an entity 
with average gross revenues for the preceding three years not exceeding 
$55 million, and a very small business as an entity with average gross 
revenues for the preceding three years not exceeding $20 million. A 
qualifying ``small businesses'' would be eligible for a bidding credit 
of 15 percent and qualifying ``very small businesses'' would be 
eligible for a bidding credit of 25 percent. The Commission seeks 
comment on whether to offer rural service providers a designated entity 
bidding credit for licenses in this band.
    39. Renewal term construction obligations. In addition to, and 
independent of, the general renewal requirements contained in section 
1.949 of the Commission's rules, which apply to all Wireless Radio 
Services (WRS) licensees, the NPRM also seeks comment on application of 
specific renewal term construction obligations to 900 MHz broadband 
licensees. The WRS Renewal Reform Further Notice of Proposed Rulemaking 
(WRS Renewal Reform FNPRM) sought comment on various renewal term 
construction obligations, such as incremental increases in the 
construction metric in each subsequent renewal term--e.g., by 5 or 10 
percent--up to a certain threshold. The WRS Renewal Reform FNPRM 
proposed to apply rules adopted in that proceeding to all flexible 
geographic licenses. Given the Commission's proposal to license the 900 
MHz band on a geographic basis for flexible use, any additional renewal 
term construction obligations proposed in the WRS Renewal Reform FNPRM 
also would apply to licenses in the 900 MHz broadband spectrum. The 
NPRM seeks comment on whether there are unique characteristics of 900 
MHz broadband spectrum that might require a different approach to the 
900 MHz band from the various proposals raised by the WRS Renewal 
Reform FNPRM. The Commission asks commenters advocating rules specific 
to the reconfigured 900 MHz band to address the costs and benefits of 
their proposed rules and also discuss how a given proposal would 
encourage investment and deployment in areas that might not otherwise 
benefit from significant wireless coverage.

D. Technical Rules

1. Broadband Segment
    40. The NPRM seeks comment on the proposed technical rules. It 
proposes to permit an effective radiated power for base and repeater 
stations in the broadband segment not to exceed 400 watts/megahertz in 
non-rural areas and 800 watts/megahertz in rural areas, with the 
maximum permissible power decreasing as the HAAT rises above 304 
meters. It also proposes to establish a median field strength limit of 
40 dB[micro]V/m at any given point along the geographic license area 
boundary in the broadband segment unless the affected licensee agrees 
to a higher field strength limit. This limit corresponds to the current 
field strength limit at the border between co-channel 900 MHz SMR 
licensees.
    41. The NPRM proposes to make broadband licensees responsible for 
preventing harmful interference to narrowband operations and for 
resolving any interference in the shortest time practicable. Under 
existing 900 MHz co-channel separation requirements, co-channel systems 
generally must comply with a minimum spacing criteria of at least 113 
kilometers (70 miles) separation distance between base stations. The 
NPRM seeks comment on applying existing minimum spacing criteria to 900 
MHz broadband base station operations as a means of protecting co-
channel narrowband licensees.
    42. In addition, section 90.672(a)(1)(i)(A)-(B) currently defines 
unacceptable interference in the 900 MHz B/ILT Pool as a median desired 
signal strength of -88 dBm or higher as measured at the radiofrequency 
input of the receiver of a mobile unit, or -85 dBm or higher as 
measured at the radiofrequency input of the receiver of a portable 
station. Some commenters, however, propose to define harmful 
interference as receiving a median desired signal strength of -98 dBm 
or higher as measured at the radiofrequency input of the receiver of a 
mobile unit, or -95 dBm or higher as measured at the radiofrequency 
input of the receiver of a portable station (hand-held device), and 
suggest that we account for environmental noise by incorporating fade 
margins of 10 dB. The NPRM seeks comment on whether these criteria are 
appropriate, or whether the Commission should adopt technical standards 
and procedures that more closely align with the existing rules 
regarding unacceptable interference to non-cellular 800 MHz licensees 
from 800 MHz cellular systems or Part 22 Cellular Radiotelephone 
systems, and within the 900 MHz B/ILT Pool. The Commission also asks 
whether it is practical to adopt a single standard to protect all 
narrowband operations from broadband operations, or whether separate 
criteria are needed for different circumstances, such as if the 897.5-
900.5 MHz/936.5-939.5 MHz band is being used for broadband operations 
in one area but an adjacent area has not transitioned to the new band 
alignment.
    43. The NPRM proposes to establish an out-of-band emission limit 
outside a licensee's frequency band of operation to be attenuated by at 
least 43 + 10 log (P) dB for uplink operations in the 897.5-900.5 MHz 
band and by at least 50 + 10 log (p) dB for downlink operations in the 
936.5-939.5 MHz band. The NPRM asks commenters to discuss whether the 
proposed out-of-band emission limits are sufficient to protect 
narrowband operations in the adjacent narrowband segments, and whether 
the Commission should consider other harmful interference mitigation 
methods, such as limits on LTE transmitter power or additional 
transmitter filtering requirements. The Commission also asks commenters 
to discuss whether the proposed technical parameters are consistent 
with interference resistance of current 900 MHz narrowband radio 
equipment and systems.
2. Narrowband Segments
    44. The NPRM seeks comment on whether any changes to the existing 
technical and operational rules are necessary or desirable to sustain 
continued 900 MHz site-based narrowband operations. Are the existing 
Part 90 technical rules suitable for narrowband operations in the newly 
designated paired narrowband segments? Specifically, given the proposal 
to eliminate the distinction between B/ILT and SMR blocks in the 
narrowband segment in transitioned markets, would new and existing 
narrowband segment licensees need

[[Page 12994]]

additional or modified interference protections? Under the voluntary 
exchange proposal, the band may be transitioned to the new broadband 
alignment on a county-by-county basis. Where a county has successfully 
been transitioned, would narrowband licensees in adjacent counties not 
transitioned to broadband require modified interference protection from 
newly licensed co-channel broadband operations? If so, the Commission 
asks commenters to specify the changes they believe should be made to 
the technical and operational rules for the two narrowband segments.

II. Procedural Matters

Initial Regulatory Flexibility Act Analysis

    77. As required by the Regulatory Flexibility Act of 1980 (RFA) (5 
U.S.C. 603), the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities of the proposals addressed in 
this NPRM. The IRFA is set forth in Appendix B. Written public comments 
are requested on the IRFA. These comments must be filed in accordance 
with the same filing deadlines for comments on the NPRM and should have 
a separate and distinct heading designating them as responses to the 
IRFA. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of this NPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with the Regulatory Flexibility Act.

Initial Paperwork Reduction Act Analysis

    78. The NPRM contains proposed modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission seeks specific comment on how it 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

V. Ordering Clauses

    79. It is ordered, pursuant to the authority found in sections 
4(i), 302, 303, and 309, of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 152, 153, 154(i), 201, 301, 302a, 303, 304, 307, 308, 
309, 310, 319, 324, 332, 333, and section 1.411 of the Commission's 
Rules, 47 CFR 1.411, that this Notice of Proposed Rulemaking is hereby 
adopted.
    80. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Parts 1, 2, 20, 27, and 90

    Administrative practice and procedure, Common carriers, 
Communications common carriers, Environmental impact statements, Radio, 
Telecommunications.

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

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, 20, 27 
and 90 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. chs. 2, 5, 9, 13; Sec. 102(c), Div. P, 
Public Law 115-141, 132 Stat. 1084; 28 U.S.C. 2461, unless otherwise 
noted.

0
2. Section 1.907 is amended by revising the definition of ``Covered 
Geographic Licenses'' to read as follows:


Sec.  1.907  Definitions.

* * * * *
    Covered Geographic Licenses. Covered geographic licenses consist of 
the following services: 1.4 GHz Service (part 27, subpart I of this 
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and 
Digital Electronic Message Services (part 101, subpart G); 218-219 MHz 
Service (part 95, subpart F); 220-222 MHz Service, excluding public 
safety licenses (part 90, subpart T); 600 MHz Service (part 27, subpart 
N); 700 MHz Commercial Services (part 27, subparts F and H); 700 MHz 
Guard Band Service (part 27, subpart G); 800 MHz Specialized Mobile 
Radio Service (part 90, subpart S); 900 MHz Specialized Mobile Radio 
Service (part 90, subpart S); 900 MHz Broadband Service (part 27, 
subpart P); Advanced Wireless Services (part 27, subparts K and L); 
Air-Ground Radiotelephone Service (Commercial Aviation) (part 22, 
subpart G); Broadband Personal Communications Service (part 24, subpart 
E); Broadband Radio Service (part 27, subpart M); Cellular 
Radiotelephone Service (part 22, subpart H); Dedicated Short Range 
Communications Service, excluding public safety licenses (part 90, 
subpart M); H Block Service (part 27, subpart K); Local Multipoint 
Distribution Service (part 101, subpart L); Multichannel Video 
Distribution and Data Service (part 101, subpart P); Multilateration 
Location and Monitoring Service (part 90, subpart M); Multiple Address 
Systems (EAs) (part 101, subpart O); Narrowband Personal Communications 
Service (part 24, subpart D); Paging and Radiotelephone Service (part 
22, subpart E; part 90, subpart P); VHF Public Coast Stations, 
including Automated Maritime Telecommunications Systems (part 80, 
subpart J); Upper Microwave Flexible Use Service (part 30); and 
Wireless Communications Service (part 27, subpart D).
* * * * *
0
3. Section 1.1307 is amended by revising Table 1 by revising the entry 
for Miscellaneous Wireless Communications Services, and adding a new 
entry for 900 MHz Broadband Service between the entry for Broadband 
Radio Service and Educational Broadband Service and the entry for Upper 
Microwave Flexible Use Service, to read as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (EAs) must be prepared.

* * * * *
    (b) * * *
    (1) * * *

[[Page 12995]]



   Table 1--Transmitters, Facilities and Operations Subject to Routine
                        Environmental Evaluation
------------------------------------------------------------------------
    Service (title 47 CFR rule part)         Evaluation required if:
------------------------------------------------------------------------
 
                              * * * * * * *
Miscellaneous Wireless Communications    (1) For the 1390-1392 MHz, 1392-
 Services (part 27 except subparts M      1395 MHz, 1432-1435 MHz, 1670-
 and P).                                  1675 MHz, and 2385-2390 MHz
                                          bands:
                                         Non-building-mounted antennas:
                                          Height above ground level to
                                          lowest point of antenna <10 m
                                          and total power of all
                                          channels >2000 W ERP (3280 W
                                          EIRP).
                                         Building-mounted antennas:
                                          Total power of all channels
                                          >2000 W ERP (3280 W EIRP).
 
                              * * * * * * *
900 MHz Broadband Service (subpart P of  Non-building-mounted antennas:
 part 27).                                height above ground level to
                                          lowest point of antenna <10 m
                                          and total power of all
                                          channels >1000 W ERP (1640 W
                                          EIRP).
                                         Building-mounted antennas:
                                          Total power of all channels
                                          >1000 W ERP (1640 W EIRP).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
4. Section 1.9005 is amended by adding a new paragraph (mm) to read as 
follows:


Sec.  1.9005  Included services.

* * * * *
    (mm) The 900 MHz Broadband Service (part 27 of this chapter).

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

0
5. 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
6. Section 2.106 is amended by revising page 31 to read as follows:

[[Page 12996]]

[GRAPHIC] [TIFF OMITTED] TN03AP19.006

PART 20--COMMERCIAL MOBILE SERVICES

0
7. The authority citation for part 20 continues to read as follows:

    Authority: 47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 
309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c, unless 
otherwise noted.

0
8. Section 20.12 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  20.12  Resale and roaming.

    (a)(1) Scope of manual roaming and resale. Paragraph (c) of this 
section is applicable to providers of Broadband Personal Communications 
Services (part 24, subpart E of this chapter), Cellular Radio Telephone 
Service (part 22,

[[Page 12997]]

subpart H of this chapter), Specialized Mobile Radio Services in the 
800 MHz and 900 MHz bands (included in part 90, subpart S of this 
chapter), and 900 MHz Broadband Service (included in part 27, subpart P 
of this chapter) if such providers offer real-time, two-way switched 
voice or data service that is interconnected with the public switched 
network and utilizes an in-network switching facility that enables the 
provider to re-use frequencies and accomplish seamless hand-offs of 
subscriber calls. The scope of paragraph (b) of this section, 
concerning the resale rule, is further limited so as to exclude from 
the requirements of that paragraph those Broadband Personal 
Communications Services C, D, E, and F block licensees that do not own 
and control and are not owned and controlled by firms also holding 
cellular A or B block licenses.
* * * * *

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
9. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452, unless otherwise noted.

0
10. Section 27.1 is amended by adding paragraph (b)(15) to read as 
follows:


Sec.  27.1  Basis and purpose.

* * * * *
    (b) * * *
    (15) 897.5-900.5 MHz and 936.5-939.5 MHz.
* * * * *
0
11. Section 27.5 is amended by adding paragraph (m) to read as follows:


Sec.  27.5  Frequencies.

* * * * *
    (m) 900 MHz Broadband. The paired 897.5-900.5 MHz and 936.5-939.5 
MHz bands are available for assignment on a geographic basis. For 
operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands (designated 
as Channels 121-360 in section 90.613 of this chapter), no new 
applications for narrowband systems under part 90, subpart S of this 
chapter will be accepted and no applications for modification of 
existing stations for major changes as defined in Sec.  1.929 of this 
chapter will be accepted pursuant to Sec.  27.1517 of this part.
* * * * *
0
12. Section 27.12 is amended by revising paragraph (a) to read as 
follows:


Sec.  27.12  Eligibility.

    (a) Except as provided in paragraph (b) and in Sec. Sec.  27.604, 
27.1201, 27.1202, and 27.1509, any entity other than those precluded by 
section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 
310, is eligible to hold a license under this part.
* * * * *
0
13. Section 27.13 is amended by adding paragraph (m) to read as 
follows:


Sec.  27.13  License Period.

* * * * *
    (m) 900 MHz Broadband. Authorizations for the 897.5-900.5 MHz and 
936.5-939.5 MHz bands will have a term not to exceed 15 years from the 
date of initial issuance.
* * * * *
0
14. Part 27 is amended by adding a new subpart P to read as follows:

Subpart P--Regulations Governing Licensing and Use of 900 MHz 
Broadband Service in the 896-901 and 935-940 MHz Bands

Sec.
27.1501 Scope
27.1503 Definitions
27.1505 Licensing of the 897.5-900.5/936.5-939.5 MHz band
27.1507 900 MHz Broadband subject to competitive bidding
27.1509 Eligibility
27.1511 Performance requirements
27.1513 [Reserved]
27.1515 [Reserved]
27.1517 Frequencies
27.1519 Effective radiated power limits for 900 MHz Broadband 
systems
27.1521 Field strength limit
27.1523 [Reserved]
27.1525 Emission limits
27.1527 [Reserved]


Sec.  27.1501  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of 900 MHz BB systems operating in the 897.5-900.5/936.5-
939.5 MHz band. It includes eligibility requirements and operational 
and technical standards for stations licensed in this band. It also 
supplements the rules regarding application procedures contained in 
part 1, subpart F of this chapter and the competitive bidding 
procedures contained in part 1, subpart Q of this chapter. The rules in 
this subpart are to be read in conjunction with the applicable 
requirements contained elsewhere in this part; however, in case of 
conflict, the provisions of this subpart shall govern with respect to 
licensing, competitive bidding and operation in this frequency band.


Sec.  27.1503  Definitions.

    Terms used in this subpart shall have the following meanings:
    (a) 900 MHz Broadband (900 MHz BB). The market-based 900 MHz 
broadband systems in the 897.5-900.5/936.5-939.5 MHz band licensed by 
the Commission pursuant to the provisions of this subpart.
    (b) 900 MHz Broadband (900 MHz BB) licensee. An entity that holds a 
900 MHz BB license issued pursuant to Sec.  27.1505 of this subpart.
    (c) 900 MHz Narrowband. The segment of realigned 900 MHz spectrum 
in the 896-897.5/900.5-901/935-936.5/939.5-940 MHz band designated for 
narrowband operations and licensed pursuant to 47 CFR part 90, subpart 
S of this chapter.
    (d) Covered incumbent licensee. Any entity that holds an existing 
site-based license in the 897.5-900.5/936.5-939.5 MHz band that, 
pursuant to Sec.  90.621 of this chapter, is required to be protected 
by the 900 MHz BB licensee's placement of a base station at any 
location within the county covered by the BB license.
    (e) Power spectral density (PSD). The power of an emission in the 
frequency domain, such as in terms of ERP or EIRP, stated per unit 
bandwidth, e.g., watts/MHz.
    (f) Prospective broadband licensee. An entity that holds the 
licenses for all 20 blocks of geographically-licensed SMR spectrum in 
the 896-901/935-940 MHz band and seeks to acquire a 900 MHz BB license 
via a Voluntary Exchange Process.
    (g) Voluntary Exchange Process. The process for realigning the 896-
901/935-940 MHz band, whereby the prospective broadband licensee and 
covered incumbent licensees voluntarily agree to a Transition Plan that 
will relocate to the 900 MHz Narrowband segment and/or provide 
interference protection to all incumbent operations, thereby making the 
900 MHz Broadband segment available for the prospective broadband 
licensee's use, pursuant to the provisions of this subpart.
    (h) Transition Plan. Under a Voluntary Exchange Process for 
realigning the 900 MHz band, a filing made to the Commission as part of 
the prospective broadband licensee's application for a new 900 MHz BB 
license that describes: (1) The spectrum frequencies within the 
broadband segment that the prospective broadband licensee seeks from 
Commission inventory, (2) the rights to all 20 geographically-licensed 
SMR blocks, and any site-based SMR or B/ILT licenses in the county that 
the licensee is relinquishing, (3) the applications that the parties to 
the agreement will file for spectrum in the narrowband segment in order 
to relocate or repack licensees, (4) a description of how the applicant 
will provide interference protection to, and/or relocate from the 
broadband

[[Page 12998]]

segment, all covered incumbents, and (5) any rule waivers or other 
actions necessary to implement the Transition Plan.


Sec.  27.1505  Licensing of the 897.5-900.5/936.5-939.5 MHz band.

    (a) License Area. [Reserved]
    (b) A 900 MHz BB licensee that permanently discontinues service as 
defined in Sec.  1.953 must notify the Commission of the discontinuance 
within 10 days by filing FCC Form 601 requesting license cancelation. 
An authorization will automatically terminate, without specific 
Commission action, if service is permanently discontinued as defined in 
this chapter, even if a licensee fails to file the required form 
requesting license cancelation.


Sec.  27.1507  900 MHz Broadband subject to competitive bidding.

    Mutually exclusive initial applications for 900 MHz broadband 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in 47 CFR part 1, subpart Q of this 
chapter will apply unless otherwise provided in this subpart.


Sec.  27.1509  Eligibility

    (a) Voluntary Exchange Process. Eligibility for a 900 MHz BB 
license in a county that is transitioned using a Voluntary Exchange 
Process is limited to the following restrictions:
    (1) The applicant must hold the licenses for all 20 blocks of 
geographically-licensed 900 MHz SMR spectrum in the county;
    (2) The applicant must account for all covered incumbent(s) by 
demonstrating one or more of the following: (i) Agreement by covered 
incumbent(s) to relocate from the broadband segment, (ii) protection of 
covered incumbent(s) through compliance with minimum spacing criteria 
set forth in Sec.  90.621(b) of this chapter, and/or (iii) protection 
of covered incumbent(s) through new or existing letters of concurrence 
agreeing to lesser base station separations. The applicant may use its 
current 900 MHz holdings in the narrowband segment to relocate covered 
incumbents. Spectrum used for the purposes of relocating incumbent(s) 
may not exceed the incumbent's current spectrum holdings in the 
relevant county, unless additional channels are necessary to achieve 
equivalent coverage and/or capacity; and
    (3) The applicant must agree to return to the Commission the rights 
to all 20 blocks of geographically-licensed SMR spectrum in the 
relevant county, as well as any B/ILT or SMR site-based licenses.
    (b) Auction. Eligibility for a 900 MHz BB license in a county that 
has been transitioned using an auction mechanism is subject to the 
restrictions listed in Sec.  27.12 of this chapter.


Sec.  27.1511  Performance requirements.

    (a) 900 MHz BB licensees shall demonstrate compliance with 
performance requirements by filing a construction notification with the 
Commission, within 15 days of the expiration of the applicable 
benchmark, in accordance with the provisions set forth in Sec.  
1.946(d) of this chapter.
    (1) The licensee must certify whether it has met the applicable 
performance requirements. The licensee must file a description and 
certification of the areas for which it is providing service. The 
construction notifications must include electronic coverage maps and 
supporting technical documentation regarding the type of service it is 
providing for each licensed area within its service territory and the 
type of technology used to provide such service, and certify the 
accuracy of such documentation. Supporting documentation must include 
the assumptions used to create the coverage maps, including the 
propagation model and the signal strength necessary to provide reliable 
service with the licensee's technology.
    (2) To demonstrate compliance with these performance requirements, 
licensees shall use the most recently available decennial U.S. Census 
Data at the time of measurement and shall base their measurements of 
population served on areas no larger than the Census Tract level. The 
population within a specific Census Tract (or other acceptable 
identifier) will be deemed served by the licensee only if it provides 
reliable signal coverage to and offers service within the specific 
Census Tract (or other acceptable identifier). To the extent the Census 
Tract (or other acceptable identifier) extends beyond the boundaries of 
a license area, a licensee with authorizations for such areas may 
include only the population within the Census Tract (or other 
acceptable identifier) towards meeting the performance requirement of a 
single, individual license.
    (b) The following performance requirements apply to 900 MHz BB 
licensees:
    (1) A licensee shall provide reliable signal coverage and offer 
service within six years from the date of the initial license to at 
least 45 percent of the population in each of its license areas 
(``First Buildout Requirement'').
    (2) A licensee shall provide reliable signal coverage and offer 
service within 12 years from the date of the initial license to at 
least 80 percent of the population in each of its license areas 
(``Second Buildout Requirement'').
    (3) If a licensee fails to establish that it meets the First 
Buildout Requirement for a particular license area, the licensee's 
Second Buildout Requirement deadline and license term will be reduced 
by two years.
    (4) If a licensee fails to establish that it meets the Second 
Buildout Requirement for a particular license area, its authorization 
for each license area in which it fails to meet the Second Buildout 
Requirement shall terminate automatically without Commission action, 
and the licensee will be ineligible to regain it if the Commission 
makes the license available at a later date.
    (c) Broadband Service Requirement. To satisfy the performance 
requirements described in paragraph (b), 900 MHz BB licensees must 
deploy broadband technologies and offer broadband services.


Sec.  27.1513  [Reserved]


Sec.  27.1515  [Reserved]


Sec.  27.1517  Frequencies.

    896-901 MHz and 935-940 MHz bands. The 897.5-900.5 MHz and 936.5-
939.5 MHz band segments are available for licensing with an authorized 
bandwidth up to 3 megahertz. The 897.5-900.5 MHz segment must only be 
used for uplink transmissions. The 936.5-939.5 MHz segments must only 
be used for downlink transmissions.


Sec.  27.1519  Effective radiated power limits for 900 MHz Broadband 
systems.

    (a) Maximum ERP. The power limits specified in this section are 
applicable to operations outside the Canadian and Mexican border areas. 
Power limits for operation in those areas are specified in section 
27.1523 of this part.
    (1) General Limit.
    (i) The ERP for base and repeater stations must not exceed 400 
watts/megahertz power spectral density (PSD) per sector and an antenna 
height of 304 m height above average terrain (HAAT), except that 
antenna heights greater than 304 m HAAT are permitted if power levels 
are reduced below 400 watts/megahertz ERP in accordance with Table 1 of 
paragraph (e) of this section.
    (ii) Provided that they also comply with paragraphs (b) and (c) of 
this section, licensees are permitted to operate base and repeater 
stations with up to a maximum ERP of 1000 watts/megahertz power 
spectral density (PSD) per sector and an antenna height of 304

[[Page 12999]]

m height above average terrain (HAAT), except that antenna heights 
greater than 304 m HAAT are permitted if power levels are reduced below 
1000 watts/megahertz ERP in accordance with Table 2 of paragraph (e) of 
this section.
    (2) Rural Areas. For systems operating in areas more than 110 km 
(68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the 
U.S./Canadian border that are located in counties with population 
densities of 100 persons or fewer per square mile, based upon the most 
recently available population statistics from the Bureau of the Census:
    (i) The ERP for base and repeater stations must not exceed 800 
watts/megahertz power spectral density (PSD) per sector and an antenna 
height of 304 m height above average terrain (HAAT), except that 
antenna heights greater than 304 m HAAT are permitted if power levels 
are reduced below 800 watts/megahertz ERP in accordance with Table 3 of 
paragraph (e) of this section.
    (ii) Provided that they also comply with paragraphs (b) and (c) of 
this section, base and repeater stations may operate with up to a 
maximum ERP of 2000 watts/megahertz power spectral density (PSD) per 
sector and an antenna height of 304 m height above average terrain 
(HAAT), except that antenna heights greater than 304 m HAAT are 
permitted if power levels are reduced below 2000 watts/megahertz ERP in 
accordance with Table 4 of paragraph (e) of this section.
    (3) Mobile, control and auxiliary test stations must not exceed 10 
watts ERP.
    (4) Portable stations must not exceed 3 watts ERP.
    (b) Power flux density (PFD). Each 900 MHz BB base or repeater 
station that exceeds the ERP limit of paragraphs (a)(1)(i) or (a)(2)(i) 
of this section must be designed and deployed so as not to exceed a 
modeled PFD of 3000 microwatts/m\2\/MHz over at least 98% of the area 
within 1 km of the base or repeater station antenna, at 1.6 meters 
above ground level. To ensure compliance with this requirement, the 
licensee must perform predictive modeling of the PFD values within at 
least 1 km of each base or repeater station antenna prior to commencing 
such operations and, thereafter, prior to making any site modifications 
that may increase the PFD levels around the base or repeater station. 
The modeling must take into consideration terrain and other local 
conditions and must use good engineering practices for the 900 MHz 
band.
    (c) Power measurement. Measurement of 900 MHz BB base transmitter 
and repeater ERP must be made using an average power measurement 
technique. Power measurements for base transmitters and repeaters must 
be made in accordance with either of the following:
    (1) A Commission-approved average power technique (see FCC 
Laboratory's Knowledge Database); or
    (2) For purposes of this section, peak transmit power must be 
measured over an interval of continuous transmission using 
instrumentation calibrated in terms of an rms-equivalent voltage. The 
measurement results shall be properly adjusted for any instrument 
limitations, such as detector response times, limited resolution 
bandwidth capability when compared to the emission bandwidth, 
sensitivity, etc., so as to obtain a true peak measurement for the 
emission in question over the full bandwidth of the channel.
    (d) PAR limit. The peak-to-average ratio (PAR) of the transmission 
must not exceed 13 dB.
    (e) Height-power limit. As specified in paragraph (a) of this 
section, the following tables specify the maximum base station power 
for antenna heights above average terrain (HAAT) that exceed 304 
meters.

    Table 1--Permissible Power and Antenna Heights for Base Stations
          Permitted To Transmit With up to 400 Watts/Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                 26
Above 1220 (4000) To 1372 (4500).....................                 28
Above 1067 (3500) To 1220 (4000).....................                 30
Above 915 (3000) To 1067 (3500)......................                 40
Above 763 (2500) To 915 (3000).......................                 56
Above 610 (2000) To 763 (2500).......................                 80
Above 458 (1500) To 610 (2000).......................                140
Above 305 (1000) To 458 (1500).......................                240
Up to 305 (1000).....................................                400
------------------------------------------------------------------------


    Table 2--Permissible Power and Antenna Heights for Base Stations
          Permitted To Transmit With up to 1000 Watts/Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                 65
Above 1220 (4000) To 1372 (4500).....................                 70
Above 1067 (3500) To 1220 (4000).....................                 75
Above 915 (3000) To 1067 (3500)......................                100
Above 763 (2500) To 915 (3000).......................                140
Above 610 (2000) To 763 (2500).......................                200
Above 458 (1500) To 610 (2000).......................                350
Above 305 (1000) To 458 (1500).......................                600
Up to 305 (1000).....................................               1000
------------------------------------------------------------------------


    Table 3--Permissible Power and Antenna Heights for Base Stations
          Permitted To Transmit With up to 800 Watts/Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                 52
Above 1220 (4000) To 1372 (4500).....................                 56
Above 1067 (3500) To 1220 (4000).....................                 60
Above 915 (3000) To 1067 (3500)......................                 80
Above 763 (2500) To 915 (3000).......................                112
Above 610 (2000) To 763 (2500).......................                160
Above 458 (1500) To 610 (2000).......................                280
Above 305 (1000) To 458 (1500).......................                480
Up to 305 (1000).....................................                800
------------------------------------------------------------------------


    Table 4--Permissible Power and Antenna Heights for Base Stations
          Permitted To Transmit With up to 2000 Watts/Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                130
Above 1220 (4000) To 1372 (4500).....................                140
Above 1067 (3500) To 1220 (4000).....................                150
Above 915 (3000) To 1067 (3500)......................                200
Above 763 (2500) To 915 (3000).......................                280

[[Page 13000]]

 
Above 610 (2000) To 763 (2500).......................                400
Above 458 (1500) To 610 (2000).......................                700
Above 305 (1000) To 458 (1500).......................               1200
Up to 305 (1000).....................................               2000
------------------------------------------------------------------------

Sec.  27.1521  Field strength limit.

    The predicted or measured median field strength must not exceed 40 
dB[micro]V/m at any given point along the 900 MHz BB market boundary, 
unless the affected licensee agrees to a different field strength. This 
value applies to both the initially offered service areas and to 
partitioned service areas.


Sec.  27.1523  [Reserved]


Sec.  27.1525  Emission limits.

    The power of any emission outside a licensee's frequency band(s) of 
operation shall be attenuated below the transmitter power (P) in watts 
by at least the following amounts:
    (a) For 900 MHz BB operations in 897.5-900.5 MHz band by at least 
43 + 10 log (P) dB.
    (b) For 900 MHz BB operations in the 936.5-939.5 MHz band, by at 
least 50 + 10 log (P) dB.
    (c) Measurement procedure. Compliance with the provisions of 
paragraphs (a) and (b) of this section is based on the use of 
measurement instrumentation employing a resolution bandwidth of 100 kHz 
or greater. However, in the 100 kHz bands immediately outside and 
adjacent to the licensee's band, a resolution bandwidth of at least 1 
percent of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. The emission bandwidth is defined as the 
width of the signal between two points, one below the carrier center 
frequency and one above the carrier center frequency, outside of which 
all emissions are attenuated at least 26 dB below the transmitter 
power.
    (d) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
15. The authority citation for part 90 continues to read as follows:

    Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), 
1401-1473.

0
16. Section 90.7 is amended by adding a definition for ``900 MHz 
Broadband (900 MHz BB)'' in alphabetical order to read as follows:


Sec.  90.7  Definitions.

* * * * *
    900 MHz Broadband (900 MHz BB). See section 27.1503 of part 27 of 
this chapter.
* * * * *
0
17. Section 90.35 is be amended by revising paragraph (c)(71) to read 
as follows:


Sec.  90.35  Industrial/Business Pool.

    (c) * * *
    (71) Subpart S of this part contains rules for assignment of 
frequencies in the 806-821/851-866 MHz band and for narrowband 
operations in the 896-901/935-940 MHz band.
* * * * *
0
18. Section 90.205 is amended by revising paragraph (k) to read as 
follows:


Sec.  90.205  Power and antenna height limits.

* * * * *
    (k) 806-824 MHz, 851-869 MHz, 896-901 MHz and 935-940 MHz. Power 
and height limitations for frequencies in the 806-821/851-866 MHz band 
and for narrowband operations in the 896-901/935-940 MHz band are 
specified in Sec.  90.635 of this part.
* * * * *
0
19. Section 90.209 is amended by revising paragraph (b)(3) and adding a 
new footnote 7 to the table in paragraph (b)(5) to read as follows:


Sec.  90.209  Bandwidth limitations.

* * * * *
    (b) * * *
    (3) For all other types of emissions, except for emissions 
associated with 900 MHz BB systems under subpart P of part 27 of this 
chapter, the maximum authorized bandwidth shall not be more than that 
normally authorized for voice operations.
* * * * *
    (5) * * *

                   Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
                                                            Authorized
          Frequency band (MHz)                Channel        bandwidth
                                           spacing (kHz)       (kHz)
------------------------------------------------------------------------
 
                              * * * * * * *
896-901/935-940 7.......................            12.5            13.6
 
                              * * * * * * *
------------------------------------------------------------------------
 * * * * * * *
7 900 MHz BB systems may operate on channels and with bandwidths
  pursuant to the rules specified in subpart P of part 27 of this
  chapter.

* * * * *
0
20. Section 90.210 is amended by adding a new footnote 7 to the table 
in the introductory text to read as follows:


Sec.  90.210  Emission masks.

* * * * *

[[Page 13001]]



                        Applicable Emission Masks
------------------------------------------------------------------------
                                 Mask for equipment   Mask for equipment
     Frequency band (MHz)       with audio low pass   without audio low
                                       filter            pass filter
------------------------------------------------------------------------
 
                              * * * * * * *
896-901/935-940 7.............  I..................  J
 
                              * * * * * * *
------------------------------------------------------------------------
7 Equipment used with 900 MHz BB systems operating under subpart P of
  part 27 of this chapter is subject to the emission limitations in Sec.
    27.1525 of this chapter.

* * * * *
0
21. Section 90.213 is amended by adding a new footnote 15 to the table 
in paragraph (a) to read as follows:


Sec.  90.213  Frequency stability.

    (a) * * *

                                           Minimum Frequency Stability
                                            [Parts per million (ppm)]
----------------------------------------------------------------------------------------------------------------
                                                                                          Mobile stations
                                                                                 -------------------------------
                      Frequency range (MHz)                       Fixed and base                    2 watts or
                                                                     stations      Over 2 watts     less output
                                                                                   output power        power
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
896-901 15......................................................           140.1             1.5             1.5
 
                                                  * * * * * * *
935-940 15......................................................             0.1             1.5             1.5
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
15 Equipment used with 900 MHz BB systems operating under subpart P of part 27 of this chapter is exempt from
  the frequency stability requirements of this section. Instead, the frequency stability shall be sufficient to
  ensure that the fundamental emissions stay within the authorized bands of operation.

* * * * *
* * * * *
0
22. Section 90.601 is amended to read as follows:


Sec.  90.601  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of all systems operating in the 806-824/851-869 MHz and 896-
901/935-940 MHz bands, except for 900 MHz BB systems operating in the 
897.5-900.5/936.5-939.5 MHz band under subpart P of part 27 of this 
chapter. It includes eligibility requirements, and operational and 
technical standards for stations licensed in these bands. It also 
supplements the rules regarding application procedures contained in 
part 1, subpart F of this chapter. The rules in this subpart are to be 
read in conjunction with the applicable requirements contained 
elsewhere in this part; however, in case of conflict, the provisions of 
this subpart shall govern with respect to licensing and operation in 
these frequency bands.
0
23. Section 90.613 is amended by revising the introductory text to read 
as follows:


Sec.  90.613  Frequencies available.

    The following table indicates the channel designations of 
frequencies available for assignment to eligible applicants under this 
subpart. Frequencies shall be assigned in pairs, with mobile and 
control station transmitting frequencies taken from the 806-824 MHz 
band with corresponding base station frequencies being 45 MHz higher 
and taken from the 851-869 MHz band, or with mobile and control station 
frequencies taken from the 896-901 MHz band with corresponding base 
station frequencies being 39 MHz higher and taken from the 935-940 MHz 
band. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands 
(Channels 121-360), no new applications for narrowband systems under 
this subpart will be accepted and no applications for modification of 
existing stations for major changes as defined in Sec.  1.929 of this 
chapter will be accepted pursuant to Sec.  27.1517 of this chapter. 
Only the base station transmitting frequency of each pair is listed in 
the following table.

[FR Doc. 2019-06349 Filed 4-2-19; 8:45 am]
 BILLING CODE 6712-01-P

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