Allocation and Service Rules for the 1675-1680 MHz Band, 23508-23519 [2019-10675]

Download as PDF 23508 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules (2) convert EPA’s limited approval/ limited disapproval of Indiana’s January 14, 2011 and March 10, 2011 regional haze SIP to a full approval; (3) withdraw the FIP provisions that address the limited disapproval; (4) approve the visibility prong of Indiana’s infrastructure SIP submittals for the 2012 and 2006 PM2.5, 2010 NO2, and 2010 SO2 NAAQS; and (5) convert EPA’s disapproval of the visibility portion of Indiana’s infrastructure SIP submittal for the 2008 ozone NAAQS to an approval. All other applicable infrastructure requirements for the infrastructure SIP submissions have been or will be addressed in separate rulemakings. jbell on DSK3GLQ082PROD with PROPOSALS IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); VerDate Sep<11>2014 18:00 May 21, 2019 Jkt 247001 • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 2, 2019. Cheryl L. Newton, Acting Regional Administrator, Region 5. [FR Doc. 2019–10069 Filed 5–21–19; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 2, and 27 [WT Docket No. 19–116, FCC 19–43] Allocation and Service Rules for the 1675–1680 MHz Band Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Federal Communications Commission proposes to reallocate the 1675–1680 MHz band for shared use between incumbent federal operations and new, non-federal flexible wireless (fixed or mobile) use operations. The Commission seeks comment on the appropriate sharing mechanisms that will protect incumbent federal operations while making the spectrum available for new, non-federal use. The Commission also proposes SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 service and technical rules designed to promote efficient and intensive use by any new, non-federal services. DATES: Interested parties may file comments on or before June 21, 2019; and reply comments on or before July 22, 2019. ADDRESSES: You may submit comments, identified by WT Docket No. 19–116, by any of the following methods: • Electronic Filers: Comments may be filed electronically using the internet by accessing the Commission’s Electronic Comment Filing System (ECFS): https:// fjallfoss.fcc.gov/ecfs2/. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Generally if more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Commenters are only required to file copies in GN Docket No. 13–111. • 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 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: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (TTY). FOR FURTHER INFORMATION CONTACT: Anna Gentry, Anna.Gentry@fcc.gov, of the Wireless Telecommunications Bureau, Mobility Division, (202) 418– 7769. For additional information E:\FR\FM\22MYP1.SGM 22MYP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules concerning the PRA information collection requirements contained in this document, contact Cathy Williams at (202) 418–2918 or send an email to PRA@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Notice of Proposed Rulemaking (NPRM) in WT Docket No. 19–116, FCC 19–43, released on May 13, 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. 19–116. The complete text of the NPRM is also available for public inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY–B402, Washington, DC 20554, telephone 202–488–5300, fax 202–488–5563. This proceeding shall continue to 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 VerDate Sep<11>2014 18:00 May 21, 2019 Jkt 247001 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. I. Notice of Proposed Rulemaking Reallocation of the 1675–1680 MHz Band. Consistent with the allocation of the broader 1675–1690 MHz band in all three ITU Regions of the International Table,1 the NPRM proposes to reallocate the 1675–1680 MHz band on a coprimary basis for non-federal fixed and mobile (except aeronautical mobile) services. Similar to the Commission’s allocation of certain other bands, the proposed reallocation of the 1675–1680 MHz band also would permit the band to be auctioned and used for fixed and mobile (except aeronautical mobile) services, thereby providing flexibility for potential users to tailor the use of the band depending on the specific needs of their networks. The 1675–1680 MHz band is currently used by NOAA for the Meteorological Satellite (MetSat) and Meteorological Aids (MetAids) services. These services provide robust weather data to the National Oceanic and Atmospheric Administration (NOAA) and other users, which they use for forecasting weather, and in part, managing hydrological resources across the country. MetSat services will continue to occupy the band until at least 2036. The NPRM seeks comment on an appropriate sharing mechanism that will allow both federal and non-federal users to operate successfully in the band. Specifically, the NPRM seeks comment on how: (1) Current federal earth stations in, and adjacent to, the band could be protected from harmful interference; (2) planned federal earth stations could be added to the band while minimizing disruptions to commercial service; and (3) non-federal earth stations that rely on the data transmitted in the band by NOAA satellites could continue to have access to this data. A number of non-federal users operate earth stations that receive the signal from the GOES–N and GOES–R series satellites to provide them access to data necessary to carry out their weather forecasting and other activities. The Commission believes that these users should continue to have access to this data, and the NPRM seeks comment on how best to achieve this goal. The NPRM seeks comment on the number and location of such non-federal earth 1 See PO 00000 47 CFR 2.106. Frm 00010 Fmt 4702 Sfmt 4702 23509 stations, the likelihood of interference at such locations, and ways to mitigate the risk of interference or otherwise ensure that they continue to have access to the data were we to allow non-federal fixed and mobile operations. In this regard, the NPRM notes the Commission also expects that the completed Spectrum Pipeline Act study 2 will provide additional information on these topics. To the extent that particular users rely on non-federal earth stations for critical public safety, weather forecasting, and emergency response data and are concerned about their ability to continue to receive the data directly from the NOAA satellites if the band is made available for shared operations, the NPRM encourages them to identify their locations and specific data needs, and discuss alternative means to receive such data. To ensure that data from GOES satellites is made broadly available to the public, the NPRM seeks comment on alternative means of delivering such data to current users and other interested parties. For example, the NPRM seeks comment on whether an internet-based or private network content delivery system be used to make the GOES data available more broadly, without the need for an earth station, and whether this would be an adequate means of ensuring the data can be accessed reliably. The NPRM seeks comment on the likely costs of shifting to alternative delivery systems and whether such a content delivery system increase the total number of users with reliable access to such data. To the extent that parties believe that an alternative solution would be less reliable than an earth station, the NPRM seeks specific comment on the factors that contribute to the lower reliability for an internet-based or other terrestrial solution. The NPRM notes that NOAA already makes some MetSat and other weather data services available through other means—e.g., the internet—and these services vary in bandwidth 2 Title X of the Bipartisan Budget Act of 2015 (Spectrum Pipeline Act) modified previous legislation to provide funds from the Spectrum Relocation Fund for research and development, engineering studies, economic analyses, or other activities that ‘‘improve the efficiency and effectiveness of the spectrum use of federal entities in order to make available frequencies . . . for reallocation for non-federal use or shared federal and non-federal use, or a combination thereof, and for auction in accordance with such reallocation.’’ See Spectrum Pipeline Act, 129 Stat. 584, Sec. 1005(a)(2) (2015). NOAA is currently conducting a study using Spectrum Relocation Fund support, as provided under the Spectrum Pipeline Act, regarding the protection methodology necessary to make the 1675–1680 MHz band available on a shared basis with non-federal fixed or mobile (except aeronautical mobile) users. E:\FR\FM\22MYP1.SGM 22MYP1 jbell on DSK3GLQ082PROD with PROPOSALS 23510 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules requirements. The NPRM seeks comment on whether there are examples in this or other bands in which other content delivery solutions have replaced or supplemented earth-station-based receivers, and if so, how such data feeds perform during major weather events. The NPRM also seeks comment on any special protections that may be appropriate to ensure continuity of service for MetSat users. 1675–1680 MHz Band Plan. Given the limited size of this band, the NPRM proposes to auction 1675–1680 MHz licenses on an unpaired basis for terrestrial fixed and mobile use. Further, to avoid incompatible operations among co-channel or adjacent channel licensees, the NPRM proposes that 1675–1680 MHz be used solely as a downlink band. Alternatively, the NPRM seeks comment on whether to authorize this band for a combination of uplink and downlink on a TDD or other basis (as in the adjacent unpaired 1670– 1675 MHz band), or for uplink. The NPRM seeks comment on the costs and benefits of such alternate approaches, including the likely use cases each would support. In order to best accommodate the fullest range of mobile wireless services, the NPRM proposes to license the 1675–1680 MHz band as a five-megahertz block and seeks comment on this proposal. Consistent with the Commission’s approach in several other bands used to provide fixed and mobile services, the NPRM proposes to license the 1675– 1680 MHz band on a geographic area basis. In determining the appropriate geographic license size, the Commission considers several factors, including: (1) Facilitating access to spectrum by both small and large providers; (2) providing for the efficient use of spectrum; (3) encouraging deployment of wireless broadband services to consumers, especially those in rural areas and tribal lands; and (4) promoting investment in and rapid deployment of new technologies and services. In light of these considerations, the NPRM proposes to license the 1675–1680 MHz band on a partial economic area (PEA) basis, which may enable a wide range of bidders to participate in the auction and select the focused geographic areas that are most suited to their planned operations using the 1675–1680 MHz spectrum. The NPRM asks commenters to discuss and quantify the economic, technical, and other public interest considerations of licensing on a PEA basis, or any other recommended licensing approach, given that the band will be shared with federal users. Licensing and Operating Rules. In order to afford licensees the flexibility VerDate Sep<11>2014 18:00 May 21, 2019 Jkt 247001 to align licenses in the 1675–1680 MHz band with licenses in other spectrum bands governed by Part 27 of the Commission’s rules, including the adjacent 1670–1675 MHz band, the NPRM proposes that licensees in the 1675–1680 MHz band comply with licensing and operating rules that are applicable to all Part 27 services, including assignment of licenses by competitive bidding,3 flexible use,4 regulatory status,5 foreign ownership reporting,6 compliance with construction notification requirements,7 renewal criteria,8 permanent discontinuance of operations,9 partitioning and disaggregation,10 and spectrum leasing.11 The NPRM seeks comment on this approach and asks commenters to identify any aspects of the Commission’s general Part 27 service rules that should be modified to accommodate the particular characteristics of the 1675–1680 MHz band. In addition, the NPRM seeks comment on service-specific rules for the 1675–1680 MHz band, including eligibility, mobile spectrum holdings policies, license term, performance requirements, renewal term construction obligations, and other licensing and operating rules. Consistent with established Commission practice, the NPRM proposes to adopt an open eligibility standard for licenses in the 1675–1680 MHz band. Similar to the Commission’s approach in the 2017 Spectrum Frontiers Order and FNPRM, the NPRM proposes not to adopt a pre-auction, bright line limit on the ability of any entity to acquire spectrum in the 1675– 1680 MHz band through competitive bidding at auction.12 The NPRM proposes that this band be included in the Commission’s spectrum screen, which helps to identify those markets that may warrant further competitive analysis, when evaluating proposed secondary market transactions. In addition, the NPRM proposes to review spectrum holdings on a case-by-case basis when applications for initial 3 47 U.S.C. 309(j); 47 CFR 1.2101–1.2114. CFR 2.106, 27.2, 27.3. 5 47 CFR 27.10. 6 47 U.S.C. 310; 47 CFR 27.12. 7 47 CFR 27.14(k). 8 Id. § 1.949. 9 Id. § 1.953. 10 Id. § 1.950. 11 Id. § 1.9001 et seq. 12 Use of Spectrum Bands Above 24 GHz For Mobile Radio Services et al., GN Docket No. 14–177 et al., Second Report and Order, Second Further Notice of Proposed Rulemaking, Order on Reconsideration, and Memorandum Opinion and Order, 32 FCC Rcd 10988, 11009–11011, paras. 70– 74 (2017) (2017 Spectrum Frontiers Order and FNPRM). 4 47 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 licenses are filed post-auction to ensure that the public interest benefits of having a threshold on spectrum applicable to secondary market transactions are not rendered ineffective. The NPRM seeks comment on whether and how the similarity of this spectrum to spectrum currently included in the screen should be factored into the Commission’s analysis, including the suitability of 1675–1680 MHz spectrum for use in the provision of mobile telephony/broadband services. The NPRM proposes a 15-year term for licenses for the 1675–1680 MHz band, and invites commenters to submit alternate proposals for the appropriate license term, which should include a discussion on the costs and benefits. The Commission continues to believe that performance requirements play a critical role in ensuring that licensed spectrum does not lie fallow. Accordingly, considering the unique characteristics of this band, the NPRM proposes that a 1675–1680 MHz band licensee shall provide reliable signal coverage and offer service to at least 45 percent of the population in each of its license areas within 6 years of initial grant (first performance benchmark), and to at least 80 percent of the population in each of its license areas within 12 years of initial grant (second performance benchmark). The NPRM notes that to the extent that sharing in this band is achieved with protection zones, those zones may limit a nonfederal fixed or mobile licensee’s ability to serve some portion of the population. For purposes of assessing the satisfaction of the buildout requirement, the NPRM seeks comment on how to account for the areas where federal use limits or prohibits 1675–1680 MHz use. The NPRM also seeks comment on alternative methodologies for measuring population coverage requirements in the Gulf of Mexico (e.g. using off-shore platforms as a proxy for population coverage). Along with performance benchmarks, the Commission seeks to adopt a meaningful and enforceable penalty for failing to meet those benchmarks. The NPRM proposes that, in the event a 1675–1680 MHz licensee fails to meet the first performance benchmark, the licensee’s second performance benchmark and license term would be reduced by two years, thereby requiring it to meet the second performance benchmark two years sooner (at 10 years into the license term), and reducing its license term to 13 years. The NPRM further proposes that, in the event a 1675–1680 MHz licensee fails to meet the second performance benchmark of E:\FR\FM\22MYP1.SGM 22MYP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules 80 percent population coverage for a particular license area, its authorization for each such license area shall terminate automatically without further Commission action. In the event a licensee’s authority to operate terminates, the NPRM proposes that the licensee’s spectrum rights would become available for reassignment pursuant to the competitive bidding provisions of section 309(j). Further, consistent with the Commission’s rules for other WRS licenses, including AWS– 1, AWS–3, AWS–4 and H Block, the NPRM proposes that any 1675–1680 MHz licensee that forfeits its license for failure to meet its performance requirements would be precluded from regaining the license. Finally, the NPRM seeks comment on whether there are other alternative buildout and enforcement mechanisms the Commission should consider, including alternative metrics for licensees that provide services potentially less suited to a population metric, such as Internet of Things type services. In addition to being subject to procedures applicable to all Part 27 licensees for demonstrating compliance with performance requirements, including the filing of electronic coverage maps and supporting documentation, the NPRM proposes that such electronic coverage maps must accurately depict the boundaries of each license area in the licensee’s service territory. If a licensee does not provide reliable signal coverage to an entire license area, the NPRM proposes that its map must accurately depict the boundaries of the area or areas within each license area that are not being served. Further, the NPRM proposes that each licensee also must file supporting 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. In addition to, and independent of, the general renewal requirements contained in § 1.949 of the Commission’s rules, which apply to all WRS licenses, the NPRM also seeks comment on application of specific renewal term construction obligations to 1675–1680 MHz licenses. The WRS Renewal Reform FNPRM proposed to apply rules adopted in that proceeding VerDate Sep<11>2014 18:00 May 21, 2019 Jkt 247001 to all flexible geographic licenses.13 Given the proposal to license this 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 1675– 1680 MHz band. The NPRM seeks comment on whether there are unique characteristics of the 1675–1680 MHz band that might require a different approach than the various proposals raised by the WRS Renewal Reform FNPRM. If the Commission adopts a geographic area licensing scheme that allows submission of mutually exclusive applications for the proposed non-federal use of the 1675–1680 MHz band, it will use a competitive bidding process as required by the Communications Act.14 As the Commission has done in previous auctions, the NPRM proposes to conduct any auction for 1675–1680 MHz licenses in conformity with the general competitive bidding rules set forth in Part 1, subpart Q, of the Commission’s rules.15 Under this proposal, such rules would be subject to any modifications that the Commission may adopt for its Part 1 general competitive bidding rules in the future. The NPRM seeks comment on general application of the Part 1 competitive bidding rules to any auction of 1675–1680 MHz band licenses and whether any of the Part 1 rules or other competitive bidding policies would be inappropriate or should be modified for an auction of licenses in this band. 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. In recent years, for other flexible use licenses we have adopted bidding credits for the two larger designated entity business sizes provided in the Commission’s Part 1 standardized schedule of bidding credits. For the 1675–1680 MHz band, we seek comment on defining a small business as an entity with average gross revenues for the preceding five years not exceeding $55 million, and a very small business as an entity with average gross revenues for the preceding five years not 13 Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 To Establish Uniform License Renewal et al., WT Docket No. 10–112, Second Report and Order and Further Notice of Proposed Rulemaking and Order, 32 FCC Rcd 8874, 8915, paras. 111–12 (2017) (WRS Renewal Reform 2nd R&O and FNPRM). 14 See 47 U.S.C. 309(j)(1). 15 See 47 CFR 1.2101–1.2114. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 23511 exceeding $20 million.16 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 NPRM also seeks comment on whether to offer rural service providers a designated entity bidding credit for licenses in this band.17 Technical Rules. The NPRM proposes to allow fixed and base station (downlink) operations in the 1675–1680 MHz band and to apply technical standards similar to those in other AWS bands. The NPRM also considers the technical rules governing the adjacent 1670–1675 MHz band and seeks comment on how the two bands can best coexist either separately, or in combination. The NPRM seeks to establish technical rules that will help optimize the potential uses of spectrum, while minimizing the impact on other users in the band or adjacent bands, consistent with the public interest. The NPRM proposes to allow fixed and base stations to operate up to 2000 watts peak equivalent isotropically radiated power (EIRP), consistent with the limits established for similar services governed by Part 27 of the Commission’s rules. The NPRM proposes an out-of-band emissions (OOBE) limit for fixed and base stations of 43 + 10 log10 (P) dB, where P is the transmit power in watts. The NPRM proposes to limit a licensee’s predicted 16 The standardized schedule of bidding credits provided in § 1.2110(f)(2)(i) defines small businesses based on average gross revenues for the preceding three years. In December 2018, Congress revised the standard set out in the Small Business Act for categorizing a business concern as a ‘‘small business concern,’’ by changing the annual average gross receipts benchmark from a three-year period to a five-year period. Thus, as a general matter, a Federal agency cannot propose to categorize a business concern as a ‘‘small business concern’’ for Small Business Act purposes unless the size of the concern is based on its annual average gross receipts ‘‘over a period of not less than 5 years.’’ 15 U.S.C. 632(a)(2)(C)(ii)(II), as amended by Small Business Runway Extension Act of 2018, Public Law 115–324 (Dec. 17, 2018). We therefore propose to adopt the Small Business Act’s revised five-year average gross receipts benchmark for purposes of determining which entities qualify for small business bidding credits. But because the SBA has not yet revised its regulations to update the definition of ‘‘small business concern,’’ for purposes of compliance with the Regulatory Flexibility Act, the Commission will continue to use the SBA’s current definitions of ‘‘small business,’’ which is based on a three-year benchmark. See infra Appendix C. 17 47 CFR 1.2110(f)(4)(i) (bidding credit of 15 percent for applicants meeting the requirements for being designated as a rural service provider). To be eligible to receive a rural service provider bidding credit, an applicant must meet the requirements set forth in Part 1. An applicant eligible for both small business bidding credits and rural service provider bidding credits may only receive one of the two credits. Id. § 1.2110(f)(2)(i), (4)(i). E:\FR\FM\22MYP1.SGM 22MYP1 23512 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules or measured field strength to 47 dBmV/ m (or less) at any location along the border of its license area. The NPRM does not propose to limit the height of antennas for either fixed or base stations. Consistent with existing rules for AWS operations, the NPRM proposes that operations in the 1675–1680 MHz band would be subject to international agreements with Mexico and Canada. Finally, Part 27 contains several additional technical rules applicable to all Part 27 services, including Section 27.51 (Equipment authorization), Section 27.52 (RF safety), Section 27.54 (Frequency stability), and Section 27.56 (Antennas structures; air navigation safety).18 The NPRM proposes that all of these Part 27 technical rules should apply to all 1675–1680 MHz band licenses and licensees, including licensees who acquire their licenses through partitioning or disaggregation. II. Procedural Matters Initial Regulatory Flexibility Act Analysis As required by the Regulatory Flexibility Act of 1980 (RFA), the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities of the policies and rules proposed in this document. We request written public comment on the IRFA. Comments must be filed in accordance with the same deadlines as comments filed in response to the NPRM as set forth on the first page of this document, and 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 the NPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. Initial Paperwork Reduction Act Analysis The NPRM contains proposed new information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and OMB to comment on the information collection requirements contained in jbell on DSK3GLQ082PROD with PROPOSALS 18 47 CFR 27.51, 27.52, 27.54, 27.56. VerDate Sep<11>2014 18:00 May 21, 2019 Jkt 247001 this document, as required by PRA. 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.’’ List of Subjects in 47 CFR Part 1, 2, and 27 Communications common carriers, Radio, Reporting and recordkeeping requirements. Federal Communications Commission. Marlene Dortch, Secretary. Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR parts 1, 2, and 27 as follows: PART 1—PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: ■ Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 227, 303(r), 309, 1403, 1404, 1451, and 1452. 2. Amend § 1.907 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); 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, subpart 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); 1675–1680 MHz Service (part 27, subpart O); Advanced Wireless Services (part 27, subparts K and L); Air-Ground PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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); Citizens Broadband Radio Service (part 96, subpart C); 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 1.9005 is amended by revising paragraph (n) to read as follows: § 1.9005 Included services. * * * * * (n) The Wireless Communications Service in the 1670–1675 MHz band and 1675–1680 MHz band (part 27 of this chapter); * * * * * PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 4. The authority citation for part 2 continues to read as follows: ■ Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. 5. Section 2.106, the Table of Frequency Allocations, is amended by revising pages 35, 36, 37, and 38 to read as follows: ■ § 2.106 * * Table of Frequency Allocations. * * BILLING CODE 6712–01–P E:\FR\FM\22MYP1.SGM 22MYP1 * jbell on DSK3GLQ082PROD with PROPOSALS VerDate Sep<11>2014 International Table I Region 2 Table Region I Table 1626.5-1660 MOI3ILJ:-SATELLITE (Earth-to-space) 5.351A I Region 3 Table 5.341 5.351 5.353A 5.354 5.355 5.357A 5.359 5.362A 5.374 5.375 5.376 Jkt 247001 1660-1660.5 MOR!T .E-SATEJ.J .!TE (Earth-to-space) 5.351 A RADIO ASTRONOMY PO 00000 5.149 5.341 5.351 5.354 5.362A 5.376A 1660.5-1668 RADIO ASTRONOMY SPACE RESEARCH (pa"ive) Fixed 1626.5-2025 MHz (UHF) United States Table Federal Table INon-Federal Table 1626.5-1660 MOI3ILE-SATJ:LLITE (J:arth-to-space) US308 US309 US315 US380 5.341 5.351 5.375 1660-1660.5 MOR!T .E-SA TEl J JTE (Earth-to-space) US308 US309 US380 RADIO ASTRONOMY 5.341 5.351 US342 1660.5-1668.4 RADIO ASTRONOMY US74 SPACE RESEARCH (passive) Page 35 "" FCC Rule Part(s) Satellite Communications (25) Maritime (80) Aviation (87) Satellite Communications (25) Aviation (87) Mobile except aeronautical mobile Frm 00014 Fmt 4702 5.149 5.341 5.379 5.379A 1668-1668.4 MOBILE-SATELLITE (Earth-to-space) 5.351A 5.379B 5.379C RADIO ASTRONOMY SPACE RESEARCH (passive) Fixed Mobile except aeronautical mobile Sfmt 4725 E:\FR\FM\22MYP1.SGM 22MYP1 5.149 5.341 5.379 5.379A 1668.4-1670 METEOROLOGICAl. AIJ)S FIXED MOBILE except aeronautical mobile MOBILE-SAI"ELLITE (Earth-to-space) 5.351A 5.37913 5.379C RADIO ASTRONOMY 5.341 US246 1668.4-1670 METEOROI.OGICAI. AIJ)S (radiosonde) RADIO ASTRONOMY US74 5.149 5.341 5.379D 5.379E 1670-1675 METEOROLOGICAL AIDS FIXED MJ:TEOROLOGICAL-SATELLITE (space-to-Earth) MOR!T.E MOBILE-SATELLITE (Earth-to-space) 5.351A 5.379B 5.341 US99 US342 1670-1675 5.341 5.379D 5.379E 5.380A 1675-1690 METEOROLOGICAL AIIJS l"IXLD MJ:TEOROLOGICAL-SATELLITE (space-to-Earth) MOR!T .E except aeronautical mobile 5.341 US211 US362 1675-1680 METEOROLOGICAL AIIJS (radiosonde) METEOR OJ .OGICAI.SATELLITE (space-t(}-Earth) US88 1670-1675 ¥lireless Communicalions FIXED MOBILE except aeronautica (27) mobile 5.341 US211 US362 1675-1680 FIXED MIHEOROLOUICALSATELLITE (space-to-Earth) US88 MOI3ILE except aeronautica mobile Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules 18:00 May 21, 2019 Table of Frequency Allocations 23513 EP22MY19.020</GPH> jbell on DSK3GLQ082PROD with PROPOSALS 23514 VerDate Sep<11>2014 5.341 Jkt 247001 PO 00000 1690-1700 METEOROLOGICAL AIDS METEOROLOGICALSATELLITE (5pace-to-Earth) Fixed 1690-1700 METEOROLOGICAL AIDS MFTEOROI DGICAI .-SA TEl J ITE (space-to-Earth) Mobile except aeronautical 5.289 5.341 5.381 mobile Frm 00015 5.289 5.341 5.382 1700-1710 FIXED METEOROLOGICAL-SATELLITE (space-to-Emth) MOBILE except aeronautical mobile 5.2R9 5.341 Fmt 4702 5.289 5.341 5.384 Sfmt 4725 E:\FR\FM\22MYP1.SGM 22MYP1 5.388 1970-1980 FIXED MOBILE 5.388A 5.388B 5.388 1980-2010 FIXED MOBILE 5.388 1695-1710 FIXED \'lireless Communications MOBILE except aeronautical (27) mobile 1700-1710 FIXED METEOROLOGICALSAl' ELUTE (space-to-Earth) MOBILE except aeronautical mobile 1710-1930 FIXED MOBII.E 5.3R4A 5.3RRA 5.3RRB 5.149 5.341 5.3R5 5.3R6 5.3R7 5.3RR 1930-1970 1930-1970 FIXED FIXED MOBILE 5.388A 5.388B MOBILE 5.388A 5.388B Mobile-satellite (Emth-to-space) 5.341 US211 US289 1695-1710 METEOROLOGICALSATELLITE (space-to-Earth) US88 5.341 1710-1761 5.341 US91 US378 US385 1761-1780 SPACI: OPERATION (Earth-to-space) G42 US91 1780-1850 l'lXLD M0131LE SPACE OPERATION (Earth-to-space) G42 1850-2025 1930-1970 FIXED MOBILE 5.388A 5.388B 5.388 5.341 US88 1710-1780 FIXED MOBILE 5.341 US91 US378 US385 1780-1850 1850-2000 PIXI:D MOBILE Rf Devices (15) Personal Communications (24) \Alireless Communications (27) fixed Microwave (101) Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules 18:00 May 21, 2019 EP22MY19.021</GPH> loR0-1695 METEOROLOGICAL AIDS (radiosonde) METEOROLOGICAL-SATELLITE (space-to-Emth) US88 jbell on DSK3GLQ082PROD with PROPOSALS VerDate Sep<11>2014 Jkt 247001 5.388 5.389A 5.389R 5.389F 2010-2025 2010-2025 FIXED FIXED MOBILE 5.388A 5.388B MOBILE MOBILE-SATELLITE (Emth-to-space) 2010-2025 FIXED MOBILE 5.388A 5.388B 5.388 5.388 5.388 5.389C 5.389E Satellite Communications (25) \'lireless Communications 27) PO 00000 2025-2483.5 MHz (UHF) !'able of Frequencv Allocations International Table I Region 2 Table Frm 00016 Region 3 Table Region I Table 2025-2110 SPACE OPERATION (Earth-to-space) (space-to-space) EARTH EXPLORATION-SATELLITE (Earlh-lo-spacc) (space-to-space) FIXED MOUILE 5.391 SPACI: RESEARCII (Earth-to-space) (space-to-space) Fmt 4702 Sfmt 4725 5.392 E:\FR\FM\22MYP1.SGM 2110-2120 FIXED MOBILE 5.388A 5.38813 SPACE RESLARCII (deep space) (Earth-to-space) 5.388 2120-2170 FIXED MOBILE 5.388A 5.388B 2000-2020 FIXED MOBILE MOBILE-SATELLITE (Earth-to-space) 2020-2025 FIXED MOUILE 2120-2160 FIXED MOBILE 5.388A 5.388B Mobile-satellite (space-to-Earth) 2120-2170 FIXED MOBILE 5.388A 5.388B United States Table Non-federal Table federal Table 2025-2110 2025-2110 SPACE OPERATION FIXED NG118 (Earlh-lo-spacc) (spacc-lo-spacc) MOBILE 5.391 LARTII EXPLORATIONSATELLITE (Earth-to-space) (space-to-space) SPACE RESEARCH (Earth-to-space) (space-to-space) FIXED MOBILE 5.391 5.392 US90 US92 US222 5.392 US90 US92 US222 US346 US346 US347 US347 2110-2120 2110-2120 FIXED MOBILE US252 2120-2200 US252 2120-2180 FIXED MOBILE Page 36 Page 37 FCC Rule Part(s) TV Auxiliarv Broadca~ting (74F) Cable TV Relay (78) Local TV Transmission (101.1) Page 36 Public Mobile (22) VVireless Communications (27 Fixed Micrmvave (101) 22MYP1 5.388 2160-2170 FIXED MOBILE MOBILE-SATELLITE (space-toEarth) 5.388 5.388 5.389C 5.389F 2170-2200 FIXED MOBILE MOBILE-SATELLITE (space-to-Emth) 5.351A 5.388 5.389A 5.389F 5.388 NG41 2180-2200 l'IXED MOBILE MOBILE-SA TEL UTE (space-to- Satellite Communications (25) IJ.lireless Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules 18:00 May 21, 2019 MORILE-SATEJJ JTE (Earth-to-space) 5.351 A 23515 EP22MY19.022</GPH> jbell on DSK3GLQ082PROD with PROPOSALS 23516 VerDate Sep<11>2014 2200-2290 SPACE OPERATION (space-toEarth) (space-to-space) EARTH EXPLORA TTONSATELLITE (space-to-Earth) (space-to-space) HXI:D (line-of-sight only) MORIT ,E (line-of-sight only im:luding 5.392 excluding Jlighttcsting of manned aircraft) 5.391 SPACE RESEARCH (space-toEarth) (space-to-space) Jkt 247001 2200-2290 SPACE OPERATION (space-to-Earth) (space-to-space) EARTH EXPLORATION-SATELLITE (space-to-Earth) (space-to-space) PIXED MOBILE 5.391 SPACE RESEARCH (space-to-Earth) (space-to-space) 2200-2290 aeronautical telemetry. hut PO 00000 Frm 00017 Fmt 4702 2290-2300 PIXED MOBILE except aeronautical mobile SPACE RESEARCH (deep space) (space-to-Earth) 2300-2450 FIXED MOl31LE 5.384A Sfmt 4725 Amateur 2300-2450 FIXED MOl31LE 5.384A RADIOLOCATION Radiolocation Amateur E:\FR\FM\22MYP1.SGM 22MYP1 5.150 5.282 5.395 EP22MY19.023</GPH> Communications 27) 5.150 5.282 5.393 5.394 5.396 US303 5.392 US303 2290-2300 2290-2300 FIXED SPACE RESEARCH (deep space) (space-to-Earth) MOBILE except aeronautical mobile SPACE RESEARCH (deep space) (space-to-Earth) 2300-2305 2300-2305 Gl22 2305-2310 Amateur 2305-2310 FIXED MOBILE except aeronautical mobile RADIO LOCATION US97 Gl22 Amateur 2310-2320 Fixed Mobile USlOO Radiolocation G2 US97 2310-2320 FIXED M0131LE BROADCASTING-SATELLITE RADIOLOCA TTON US97 US327 2320-2345 Fixed Radiolocation G2 5.396 US97 USIOO US327 2320-2345 BROADCASTING-SATELLITE US327 2345-2360 Fixed Mobile USlOO Radiolocation G2 5.3% US327 2345-2360 FIXED MOBILE USlOO BROADCASTING-SATELLITE RADIO LOCATION US327 5.396 US327 Amateur Radio (97) Wireless Communications (27) Amateur Radio (97) VVirclcss Communication~ (27) Satellite Communications (25) VVireless Communications (27) Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules 18:00 May 21, 2019 Earth) jbell on DSK3GLQ082PROD with PROPOSALS Jkt 247001 PO 00000 Frm 00018 Fmt 4702 2450-2483.5 FIXED MORJJ.F. RADIOLOCATION 5.150 5.150 23()0-2390 MOBILE US276 USIOI 2390-2395 MOBILE US276 USIOI 2390-2395 AMATEUR MOBILE US276 USIOI 2395-2400 USIOI 2395-2400 AMATElffi USIOI Gl22 2400-2417 USIOI 2400-2417 AMATEUR 5.150 Gl22 2417-2450 Radioloeation G2 5.150 5.282 2417-2450 Aviation (87) Personal Radio (95) Aviation (87) Personal Radio (95) Amateur Radio (97) Personal Radio (95) Amateur Radio (97) ISM Equipment ( 18) Amateur Radio (97) Amateur 5.150 2450-2483.5 5.150 5.282 2450-2483.5 FIXED MOBil. F. Radioloeation 5.150 US41 5.150 US41 ISM Equipment (18) TV Auxiliarv Broadcasting (74F) Private I .and Mobile (90) Fixed Micrmvave Sfmt 4702 (101) Page 38 E:\FR\FM\22MYP1.SGM 22MYP1 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules 18:00 May 21, 2019 BILLING CODE 6712–01–C VerDate Sep<11>2014 2450-2483.5 FIXED MORJJ.F. Radiolocation 23()0-2390 MOBILE US276 Ri\DIOLOCATION G2 Gl20 Fixed 23517 EP22MY19.024</GPH> 23518 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 6. 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. 7. Section 27.1 is amended by adding paragraph (b)(15) to read as follows: ■ § 27.1 Basis and purpose. * * * * * (b) * * * (15) 1675–1680 MHz. * * * * * ■ 8. Section 27.5 is amended by adding paragraph (m) to read as follows: § 27.5 Frequencies. * * * * * (m) 1675–1680 MHz band. The unpaired 1675–1680 MHz band is available for assignment on a PEA basis. ■ 9. Section 27.6 is amended by adding paragraph (m) to read as follows: § 27.6 Service areas. * * * * * (m) 1675–1680 MHz band. The service area for the 1675–1680 MHz band is based on PEAs as defined in paragraph (l) of this section. ■ 10. Section 27.13 is amended by adding paragraph (m) to read as follows: § 27.13 License period. * * * * * (m) 1675–1680 MHz band. Authorizations for the 1675–1680 MHz band will have a term not to exceed 15 years from the date of issuance or renewal. ■ 11. Section 27.14 is amended by revising the first sentence of paragraph (a) and the first sentence of paragraph (k) and adding paragraph (u) to read as follows: jbell on DSK3GLQ082PROD with PROPOSALS § 27.14 Construction requirements. (a) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for the 600 MHz band, Block A in the 698–704 MHz and 728– 734 MHz bands, Block B in the 704–710 MHz and 734–740 MHz bands, Block E in the 722–728 MHz band, Block C, C1 or C2 in the 746–757 MHz and 776–787 MHz bands, 1675–1680 MHz band, Block A in the 2305–2310 MHz and 2350–2355 MHz bands, Block B in the 2310–2315 MHz and 2355–2360 MHz bands, Block C in the 2315–2320 MHz band, and Block D in the 2345–2350 MHz band, and with the exception of licensees holding AWS authorizations in the 1915–1920 MHz and 1995–2000 MHz bands, the 2000–2020 MHz and VerDate Sep<11>2014 18:00 May 21, 2019 Jkt 247001 2180–2200 MHz bands, or 1695–1710 MHz, 1755–1780 MHz and 2155–2180 MHz bands, must, as a performance requirement, make a showing of ‘‘substantial service’’ in their license area within the prescribed license term set forth in § 27.13. * * * * * * * * (k) Licensees holding WCS or AWS authorizations in the spectrum blocks enumerated in paragraphs (g), (h), (i), (q), (r), (s), (t), and (u) of this section, including any licensee that obtained its license pursuant to the procedures set forth in paragraph (j) of this section, 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. * * * * * * * * (u) The following provisions apply to any licensee holding an authorization in the 1675–1680 MHz band: (1) A licensee shall provide reliable signal coverage and offer service within six (6) years from the date of the initial license to at least forty-five (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 twelve (12) years from the date of the initial license to at least eighty (80) percent of the population in each of its license areas (‘‘Final Buildout Requirement’’). (3) If a licensee fails to establish that it meets the First Buildout Requirement for a particular license area, the licensee’s Final Buildout Requirement deadline and license term will be reduced by two years. (4) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular license area, its authorization for each license area in which it fails to meet the Final 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. (5) 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 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. For the Gulf of Mexico license area, the licensee shall demonstrate compliance with these performance requirements, using offshore platforms, including production, manifold, compression, pumping and valving platforms as a proxy for population in the Gulf of Mexico. (6) An applicant for renewal of a license covered by this paragraph (u) must make a renewal showing, independent of its performance requirements, consistent with section 1.949 as a condition of each renewal. ■ 12. Section 27.50 is amended by adding paragraph (j) to read as follows: § 27.50 Power limits and duty cycle. * * * * * (j) In the 1675–1680 MHz band, fixed and base stations are limited to 2000 watts EIRP peak power. * * * * * ■ 13. Section 27.53 is amended by revising paragraph (k) to read as follows: § 27.53 Emission limits. * * * * * (k)(1) For operations in the 1670–1675 MHz and 1675–1680 MHz bands, the power of any emission outside the licensee’s frequency band(s) of operation shall be attenuated below the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance with these provisions is based on the procedures described in paragraph (a)(5) of this section. (2) For operations in the 1670–1675 MHz and 1675–1680 MHz bands, to the extent a licensee establishes unified operations across the AWS blocks, that licensee may choose not to observe the emission limit specified in paragraph (k)(1) of this section, strictly between its adjacent block licenses in a geographic area, so long as it complies with other Commission rules and is not adversely affecting the operations of other parties by virtue of exceeding the emission limit. (3) Private Agreements. Licensees in the 1670–1675 MHz and 1675–1680 MHz bands may enter into a private agreement with all affected licensees operating in either band to allow the out-of-band emission limit described in this paragraph to be exceeded only between the 1670–1675 MHz and 1675– E:\FR\FM\22MYP1.SGM 22MYP1 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Proposed Rules 1680 MHz blocks. A licensee who is a party to a private agreement described in this section (3) must maintain a copy of the agreement in its station files and disclose it, upon request, to prospective AWS assignees, transferees, or spectrum lessees and to the Commission. * * * * * ■ 14. Section 27.55 is amended by revising paragraph (a)(1) to read as follows: § 27.55 Power strength limits. (a) * * * (1) 1675–1680, 1995–2000, 2110– 2155, 2155–2180, 2180–2200, 2305– 2320, and 2345–2360 MHz bands: 47 dBmV/m. * * * * * ■ 15. Section 27.57 is amended by revising paragraph (c) to read as follows: § 27.57 International coordination. * * * * * (c) Operation in the 1675–1680 MHz, 1695–1710 MHz, 1710–1755 MHz, 1755–1780 MHz, 1915–1920 MHz, 1995–2000 MHz, 2000–2020 MHz, 2110–2155 MHz, 2155–2180 MHz, and 2180–2200 MHz bands is subject to international agreements with Mexico and Canada. ■ 16. Subpart O, consisting of §§ 27.1400, 27.1401, and 27.1410, is added to read as follows: Subpart O—1675–1680 MHz Band Sec. 27.1400 675–1680 MHz band subject to competitive bidding. 27.1401 Designated entities in the 1675– 1680 MHz band. 27.1410 Protection of Federal Government meteorological-satellite operations. § 27.1400 1675–1680 MHz band subject to competitive bidding. Mutually exclusive initial applications for 1675–1680 MHz band 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. jbell on DSK3GLQ082PROD with PROPOSALS § 27.1401 Designated entities in the 1675– 1680 MHz band. (a) Eligibility for small business provisions—(1) Definitions—(i) Small business. A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding five (5) years. (ii) Very small business. A very small business is an entity that, together with its affiliates, its controlling interests, VerDate Sep<11>2014 18:00 May 21, 2019 Jkt 247001 and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding five (5) years. (2) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter. (b) Eligibility for rural service provider bidding credit. A rural service provider, as defined in § 1.2110(f)(4)(i) of this chapter, that has not claimed a small business bidding credit may use the bidding credit of 15 percent specified in § 1.2110(f)(4) of this chapter. § 27.1410 Protection of Federal Government Meteorological-Satellite operations. (a) 14 Protection Zones. Within 14 Protection Zones, prior to operating a base station in the 1675–1680 MHz band, licensees must successfully coordinate such base station operations with Federal Government entities operating meteorological satellite Earthstation receivers in the 1675–1710 MHz band. (b) Additional Protection Zones. Federal earth stations in the 1675–1680 MHz band may be added subject to approval by NTIA and in compliance with a coordination process that will be announced jointly by the FCC and NTIA via Public Notice. (c) Interference. If protected Federal earth stations receive harmful interference from 1675–1680 MHz band operations in the 1675–1680 MHz band, a 1675–1680 MHz band licensee must, upon notification, modify its operations and/or technical parameters as necessary to eliminate the interference. (d) Point of contact. 1675–1680 MHz band licensees must provide and maintain a point of contact at all times so that immediate contact can be made should interference against protected Federal sites occur. (e) Coordination procedures. Federal use of the radio spectrum is generally governed by the National Telecommunications and Information Administration (NTIA) while nonFederal use is governed by the Commission. As such, any guidance or details concerning Federal/non-Federal coordination must be issued jointly by NTIA and the Commission. The Commission may jointly issue with NTIA one or more public notices with PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 23519 guidance or details concerning the coordination procedures for the 1675– 1680 MHz band. [FR Doc. 2019–10675 Filed 5–21–19; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 RINs 0648–BI08, 0648–BI10, 0648–BI59 Atlantic Highly Migratory Species; Amendments 13 and 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Spatial Fisheries Management National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of scoping meetings. AGENCY: NMFS announces scoping meetings and webinars for three actions that will evaluate possible revisions to measures implemented under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fisheries Management Plan (FMP). The public process for these actions commences with scoping to determine the range of issues for each action. For each action, a notice announcing NMFS’ intent to prepare an environmental analysis under the National Environmental Policy Act, and availability of an issues and options paper, is published in a separate Federal Register Notice. In Amendment 13 to the HMS FMP, NMFS considers refining the Individual Bluefin Tuna Quota (IBQ) Program, reassessing allocation of bluefin tuna quotas, including the discontinuing or phasing out of the Purse Seine category, and other regulatory provisions regarding bluefin directed fisheries and incidental pelagic longline fisheries. Amendment 14 explores options to implement the newly-revised National Standard 1 (NS1) guidelines in the context of shark annual catch limits (ACLs), including how to account for uncertainty stemming from either stock assessments or the management process. In the third action, NMFS considers ways to perform research and collect data in closed areas to assess the effectiveness of spatial HMS management. DATES: Scoping meetings and webinars will be held on the dates listed below in Table 1 of SUPPLEMENTARY INFORMATION. SUMMARY: E:\FR\FM\22MYP1.SGM 22MYP1

Agencies

[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Proposed Rules]
[Pages 23508-23519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10675]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 27

[WT Docket No. 19-116, FCC 19-43]


Allocation and Service Rules for the 1675-1680 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
proposes to reallocate the 1675-1680 MHz band for shared use between 
incumbent federal operations and new, non-federal flexible wireless 
(fixed or mobile) use operations. The Commission seeks comment on the 
appropriate sharing mechanisms that will protect incumbent federal 
operations while making the spectrum available for new, non-federal 
use. The Commission also proposes service and technical rules designed 
to promote efficient and intensive use by any new, non-federal 
services.

DATES: Interested parties may file comments on or before June 21, 2019; 
and reply comments on or before July 22, 2019.

ADDRESSES: You may submit comments, identified by WT Docket No. 19-116, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): https://fjallfoss.fcc.gov/ecfs2/. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Generally if more than 
one docket or rulemaking number appears in the caption of this 
proceeding, filers must submit two additional copies for each 
additional docket or rulemaking number. Commenters are only required to 
file copies in GN Docket No. 13-111.
     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 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: 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Anna Gentry, [email protected], of 
the Wireless Telecommunications Bureau, Mobility Division, (202) 418-
7769. For additional information

[[Page 23509]]

concerning the PRA information collection requirements contained in 
this document, contact Cathy Williams at (202) 418-2918 or send an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WT Docket No. 19-116, FCC 19-43, 
released on May 13, 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. 19-116. The complete text of the NPRM is also 
available for public inspection and copying from 8 a.m. to 4:30 p.m. 
Eastern Time (ET) Monday through Thursday or from 8 a.m. to 11:30 a.m. 
ET on Fridays in the FCC Reference Information Center, 445 12th Street 
SW, Room CY-B402, Washington, DC 20554, telephone 202-488-5300, fax 
202-488-5563.
    This proceeding shall continue to 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.

I. Notice of Proposed Rulemaking

    Reallocation of the 1675-1680 MHz Band. Consistent with the 
allocation of the broader 1675-1690 MHz band in all three ITU Regions 
of the International Table,\1\ the NPRM proposes to reallocate the 
1675-1680 MHz band on a co-primary basis for non-federal fixed and 
mobile (except aeronautical mobile) services. Similar to the 
Commission's allocation of certain other bands, the proposed 
reallocation of the 1675-1680 MHz band also would permit the band to be 
auctioned and used for fixed and mobile (except aeronautical mobile) 
services, thereby providing flexibility for potential users to tailor 
the use of the band depending on the specific needs of their networks.
---------------------------------------------------------------------------

    \1\ See 47 CFR 2.106.
---------------------------------------------------------------------------

    The 1675-1680 MHz band is currently used by NOAA for the 
Meteorological Satellite (MetSat) and Meteorological Aids (MetAids) 
services. These services provide robust weather data to the National 
Oceanic and Atmospheric Administration (NOAA) and other users, which 
they use for forecasting weather, and in part, managing hydrological 
resources across the country. MetSat services will continue to occupy 
the band until at least 2036. The NPRM seeks comment on an appropriate 
sharing mechanism that will allow both federal and non-federal users to 
operate successfully in the band. Specifically, the NPRM seeks comment 
on how: (1) Current federal earth stations in, and adjacent to, the 
band could be protected from harmful interference; (2) planned federal 
earth stations could be added to the band while minimizing disruptions 
to commercial service; and (3) non-federal earth stations that rely on 
the data transmitted in the band by NOAA satellites could continue to 
have access to this data.
    A number of non-federal users operate earth stations that receive 
the signal from the GOES-N and GOES-R series satellites to provide them 
access to data necessary to carry out their weather forecasting and 
other activities. The Commission believes that these users should 
continue to have access to this data, and the NPRM seeks comment on how 
best to achieve this goal. The NPRM seeks comment on the number and 
location of such non-federal earth stations, the likelihood of 
interference at such locations, and ways to mitigate the risk of 
interference or otherwise ensure that they continue to have access to 
the data were we to allow non-federal fixed and mobile operations. In 
this regard, the NPRM notes the Commission also expects that the 
completed Spectrum Pipeline Act study \2\ will provide additional 
information on these topics. To the extent that particular users rely 
on non-federal earth stations for critical public safety, weather 
forecasting, and emergency response data and are concerned about their 
ability to continue to receive the data directly from the NOAA 
satellites if the band is made available for shared operations, the 
NPRM encourages them to identify their locations and specific data 
needs, and discuss alternative means to receive such data.
---------------------------------------------------------------------------

    \2\ Title X of the Bipartisan Budget Act of 2015 (Spectrum 
Pipeline Act) modified previous legislation to provide funds from 
the Spectrum Relocation Fund for research and development, 
engineering studies, economic analyses, or other activities that 
``improve the efficiency and effectiveness of the spectrum use of 
federal entities in order to make available frequencies . . . for 
reallocation for non-federal use or shared federal and non-federal 
use, or a combination thereof, and for auction in accordance with 
such reallocation.'' See Spectrum Pipeline Act, 129 Stat. 584, Sec. 
1005(a)(2) (2015). NOAA is currently conducting a study using 
Spectrum Relocation Fund support, as provided under the Spectrum 
Pipeline Act, regarding the protection methodology necessary to make 
the 1675-1680 MHz band available on a shared basis with non-federal 
fixed or mobile (except aeronautical mobile) users.
---------------------------------------------------------------------------

    To ensure that data from GOES satellites is made broadly available 
to the public, the NPRM seeks comment on alternative means of 
delivering such data to current users and other interested parties. For 
example, the NPRM seeks comment on whether an internet-based or private 
network content delivery system be used to make the GOES data available 
more broadly, without the need for an earth station, and whether this 
would be an adequate means of ensuring the data can be accessed 
reliably. The NPRM seeks comment on the likely costs of shifting to 
alternative delivery systems and whether such a content delivery system 
increase the total number of users with reliable access to such data. 
To the extent that parties believe that an alternative solution would 
be less reliable than an earth station, the NPRM seeks specific comment 
on the factors that contribute to the lower reliability for an 
internet-based or other terrestrial solution. The NPRM notes that NOAA 
already makes some MetSat and other weather data services available 
through other means--e.g., the internet--and these services vary in 
bandwidth

[[Page 23510]]

requirements. The NPRM seeks comment on whether there are examples in 
this or other bands in which other content delivery solutions have 
replaced or supplemented earth-station-based receivers, and if so, how 
such data feeds perform during major weather events. The NPRM also 
seeks comment on any special protections that may be appropriate to 
ensure continuity of service for MetSat users.
    1675-1680 MHz Band Plan. Given the limited size of this band, the 
NPRM proposes to auction 1675-1680 MHz licenses on an unpaired basis 
for terrestrial fixed and mobile use. Further, to avoid incompatible 
operations among co-channel or adjacent channel licensees, the NPRM 
proposes that 1675-1680 MHz be used solely as a downlink band. 
Alternatively, the NPRM seeks comment on whether to authorize this band 
for a combination of uplink and downlink on a TDD or other basis (as in 
the adjacent unpaired 1670-1675 MHz band), or for uplink. The NPRM 
seeks comment on the costs and benefits of such alternate approaches, 
including the likely use cases each would support. In order to best 
accommodate the fullest range of mobile wireless services, the NPRM 
proposes to license the 1675-1680 MHz band as a five-megahertz block 
and seeks comment on this proposal.
    Consistent with the Commission's approach in several other bands 
used to provide fixed and mobile services, the NPRM proposes to license 
the 1675-1680 MHz band on a geographic area basis. In determining the 
appropriate geographic license size, the Commission considers several 
factors, including: (1) Facilitating access to spectrum by both small 
and large providers; (2) providing for the efficient use of spectrum; 
(3) encouraging deployment of wireless broadband services to consumers, 
especially those in rural areas and tribal lands; and (4) promoting 
investment in and rapid deployment of new technologies and services. In 
light of these considerations, the NPRM proposes to license the 1675-
1680 MHz band on a partial economic area (PEA) basis, which may enable 
a wide range of bidders to participate in the auction and select the 
focused geographic areas that are most suited to their planned 
operations using the 1675-1680 MHz spectrum. The NPRM asks commenters 
to discuss and quantify the economic, technical, and other public 
interest considerations of licensing on a PEA basis, or any other 
recommended licensing approach, given that the band will be shared with 
federal users.
    Licensing and Operating Rules. In order to afford licensees the 
flexibility to align licenses in the 1675-1680 MHz band with licenses 
in other spectrum bands governed by Part 27 of the Commission's rules, 
including the adjacent 1670-1675 MHz band, the NPRM proposes that 
licensees in the 1675-1680 MHz band comply with licensing and operating 
rules that are applicable to all Part 27 services, including assignment 
of licenses by competitive bidding,\3\ flexible use,\4\ regulatory 
status,\5\ foreign ownership reporting,\6\ compliance with construction 
notification requirements,\7\ renewal criteria,\8\ permanent 
discontinuance of operations,\9\ partitioning and disaggregation,\10\ 
and spectrum leasing.\11\ The NPRM seeks comment on this approach and 
asks commenters to identify any aspects of the Commission's general 
Part 27 service rules that should be modified to accommodate the 
particular characteristics of the 1675-1680 MHz band. In addition, the 
NPRM seeks comment on service-specific rules for the 1675-1680 MHz 
band, including eligibility, mobile spectrum holdings policies, license 
term, performance requirements, renewal term construction obligations, 
and other licensing and operating rules.
---------------------------------------------------------------------------

    \3\ 47 U.S.C. 309(j); 47 CFR 1.2101-1.2114.
    \4\ 47 CFR 2.106, 27.2, 27.3.
    \5\ 47 CFR 27.10.
    \6\ 47 U.S.C. 310; 47 CFR 27.12.
    \7\ 47 CFR 27.14(k).
    \8\ Id. Sec.  1.949.
    \9\ Id. Sec.  1.953.
    \10\ Id. Sec.  1.950.
    \11\ Id. Sec.  1.9001 et seq.
---------------------------------------------------------------------------

    Consistent with established Commission practice, the NPRM proposes 
to adopt an open eligibility standard for licenses in the 1675-1680 MHz 
band. Similar to the Commission's approach in the 2017 Spectrum 
Frontiers Order and FNPRM, the NPRM proposes not to adopt a pre-
auction, bright line limit on the ability of any entity to acquire 
spectrum in the 1675-1680 MHz band through competitive bidding at 
auction.\12\ The NPRM proposes that this band be included in the 
Commission's spectrum screen, which helps to identify those markets 
that may warrant further competitive analysis, when evaluating proposed 
secondary market transactions. In addition, the NPRM proposes to review 
spectrum holdings on a case-by-case basis when applications for initial 
licenses are filed post-auction to ensure that the public interest 
benefits of having a threshold on spectrum applicable to secondary 
market transactions are not rendered ineffective. The NPRM seeks 
comment on whether and how the similarity of this spectrum to spectrum 
currently included in the screen should be factored into the 
Commission's analysis, including the suitability of 1675-1680 MHz 
spectrum for use in the provision of mobile telephony/broadband 
services.
---------------------------------------------------------------------------

    \12\ Use of Spectrum Bands Above 24 GHz For Mobile Radio 
Services et al., GN Docket No. 14-177 et al., Second Report and 
Order, Second Further Notice of Proposed Rulemaking, Order on 
Reconsideration, and Memorandum Opinion and Order, 32 FCC Rcd 10988, 
11009-11011, paras. 70-74 (2017) (2017 Spectrum Frontiers Order and 
FNPRM).
---------------------------------------------------------------------------

    The NPRM proposes a 15-year term for licenses for the 1675-1680 MHz 
band, and invites commenters to submit alternate proposals for the 
appropriate license term, which should include a discussion on the 
costs and benefits. The Commission continues to believe that 
performance requirements play a critical role in ensuring that licensed 
spectrum does not lie fallow. Accordingly, considering the unique 
characteristics of this band, the NPRM proposes that a 1675-1680 MHz 
band licensee shall provide reliable signal coverage and offer service 
to at least 45 percent of the population in each of its license areas 
within 6 years of initial grant (first performance benchmark), and to 
at least 80 percent of the population in each of its license areas 
within 12 years of initial grant (second performance benchmark). The 
NPRM notes that to the extent that sharing in this band is achieved 
with protection zones, those zones may limit a non-federal fixed or 
mobile licensee's ability to serve some portion of the population. For 
purposes of assessing the satisfaction of the buildout requirement, the 
NPRM seeks comment on how to account for the areas where federal use 
limits or prohibits 1675-1680 MHz use. The NPRM also seeks comment on 
alternative methodologies for measuring population coverage 
requirements in the Gulf of Mexico (e.g. using off-shore platforms as a 
proxy for population coverage).
    Along with performance benchmarks, the Commission seeks to adopt a 
meaningful and enforceable penalty for failing to meet those 
benchmarks. The NPRM proposes that, in the event a 1675-1680 MHz 
licensee fails to meet the first performance benchmark, the licensee's 
second performance benchmark and license term would be reduced by two 
years, thereby requiring it to meet the second performance benchmark 
two years sooner (at 10 years into the license term), and reducing its 
license term to 13 years. The NPRM further proposes that, in the event 
a 1675-1680 MHz licensee fails to meet the second performance benchmark 
of

[[Page 23511]]

80 percent population coverage for a particular license area, its 
authorization for each such license area shall terminate automatically 
without further Commission action. In the event a licensee's authority 
to operate terminates, the NPRM proposes that the licensee's spectrum 
rights would become available for reassignment pursuant to the 
competitive bidding provisions of section 309(j). Further, consistent 
with the Commission's rules for other WRS licenses, including AWS-1, 
AWS-3, AWS-4 and H Block, the NPRM proposes that any 1675-1680 MHz 
licensee that forfeits its license for failure to meet its performance 
requirements would be precluded from regaining the license. Finally, 
the NPRM seeks comment on whether there are other alternative buildout 
and enforcement mechanisms the Commission should consider, including 
alternative metrics for licensees that provide services potentially 
less suited to a population metric, such as Internet of Things type 
services.
    In addition to being subject to procedures applicable to all Part 
27 licensees for demonstrating compliance with performance 
requirements, including the filing of electronic coverage maps and 
supporting documentation, the NPRM proposes that such electronic 
coverage maps must accurately depict the boundaries of each license 
area in the licensee's service territory. If a licensee does not 
provide reliable signal coverage to an entire license area, the NPRM 
proposes that its map must accurately depict the boundaries of the area 
or areas within each license area that are not being served. Further, 
the NPRM proposes that each licensee also must file supporting 
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.
    In addition to, and independent of, the general renewal 
requirements contained in Sec.  1.949 of the Commission's rules, which 
apply to all WRS licenses, the NPRM also seeks comment on application 
of specific renewal term construction obligations to 1675-1680 MHz 
licenses. The WRS Renewal Reform FNPRM proposed to apply rules adopted 
in that proceeding to all flexible geographic licenses.\13\ Given the 
proposal to license this 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 1675-1680 
MHz band. The NPRM seeks comment on whether there are unique 
characteristics of the 1675-1680 MHz band that might require a 
different approach than the various proposals raised by the WRS Renewal 
Reform FNPRM.
---------------------------------------------------------------------------

    \13\ Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 
To Establish Uniform License Renewal et al., WT Docket No. 10-112, 
Second Report and Order and Further Notice of Proposed Rulemaking 
and Order, 32 FCC Rcd 8874, 8915, paras. 111-12 (2017) (WRS Renewal 
Reform 2nd R&O and FNPRM).
---------------------------------------------------------------------------

    If the Commission adopts a geographic area licensing scheme that 
allows submission of mutually exclusive applications for the proposed 
non-federal use of the 1675-1680 MHz band, it will use a competitive 
bidding process as required by the Communications Act.\14\ As the 
Commission has done in previous auctions, the NPRM proposes to conduct 
any auction for 1675-1680 MHz licenses in conformity with the general 
competitive bidding rules set forth in Part 1, subpart Q, of the 
Commission's rules.\15\ Under this proposal, such rules would be 
subject to any modifications that the Commission may adopt for its Part 
1 general competitive bidding rules in the future. The NPRM seeks 
comment on general application of the Part 1 competitive bidding rules 
to any auction of 1675-1680 MHz band licenses and whether any of the 
Part 1 rules or other competitive bidding policies would be 
inappropriate or should be modified for an auction of licenses in this 
band.
---------------------------------------------------------------------------

    \14\ See 47 U.S.C. 309(j)(1).
    \15\ See 47 CFR 1.2101-1.2114.
---------------------------------------------------------------------------

    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. In recent years, for other flexible use licenses we have 
adopted bidding credits for the two larger designated entity business 
sizes provided in the Commission's Part 1 standardized schedule of 
bidding credits. For the 1675-1680 MHz band, we seek comment on 
defining a small business as an entity with average gross revenues for 
the preceding five years not exceeding $55 million, and a very small 
business as an entity with average gross revenues for the preceding 
five years not exceeding $20 million.\16\ 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 NPRM also seeks comment on whether to offer 
rural service providers a designated entity bidding credit for licenses 
in this band.\17\
---------------------------------------------------------------------------

    \16\ The standardized schedule of bidding credits provided in 
Sec.  1.2110(f)(2)(i) defines small businesses based on average 
gross revenues for the preceding three years. In December 2018, 
Congress revised the standard set out in the Small Business Act for 
categorizing a business concern as a ``small business concern,'' by 
changing the annual average gross receipts benchmark from a three-
year period to a five-year period. Thus, as a general matter, a 
Federal agency cannot propose to categorize a business concern as a 
``small business concern'' for Small Business Act purposes unless 
the size of the concern is based on its annual average gross 
receipts ``over a period of not less than 5 years.'' 15 U.S.C. 
632(a)(2)(C)(ii)(II), as amended by Small Business Runway Extension 
Act of 2018, Public Law 115-324 (Dec. 17, 2018). We therefore 
propose to adopt the Small Business Act's revised five-year average 
gross receipts benchmark for purposes of determining which entities 
qualify for small business bidding credits. But because the SBA has 
not yet revised its regulations to update the definition of ``small 
business concern,'' for purposes of compliance with the Regulatory 
Flexibility Act, the Commission will continue to use the SBA's 
current definitions of ``small business,'' which is based on a 
three-year benchmark. See infra Appendix C.
    \17\ 47 CFR 1.2110(f)(4)(i) (bidding credit of 15 percent for 
applicants meeting the requirements for being designated as a rural 
service provider). To be eligible to receive a rural service 
provider bidding credit, an applicant must meet the requirements set 
forth in Part 1. An applicant eligible for both small business 
bidding credits and rural service provider bidding credits may only 
receive one of the two credits. Id. Sec.  1.2110(f)(2)(i), (4)(i).
---------------------------------------------------------------------------

    Technical Rules. The NPRM proposes to allow fixed and base station 
(downlink) operations in the 1675-1680 MHz band and to apply technical 
standards similar to those in other AWS bands. The NPRM also considers 
the technical rules governing the adjacent 1670-1675 MHz band and seeks 
comment on how the two bands can best coexist either separately, or in 
combination. The NPRM seeks to establish technical rules that will help 
optimize the potential uses of spectrum, while minimizing the impact on 
other users in the band or adjacent bands, consistent with the public 
interest.
    The NPRM proposes to allow fixed and base stations to operate up to 
2000 watts peak equivalent isotropically radiated power (EIRP), 
consistent with the limits established for similar services governed by 
Part 27 of the Commission's rules. The NPRM proposes an out-of-band 
emissions (OOBE) limit for fixed and base stations of 43 + 10 
log10 (P) dB, where P is the transmit power in watts. The 
NPRM proposes to limit a licensee's predicted

[[Page 23512]]

or measured field strength to 47 dB[micro]V/m (or less) at any location 
along the border of its license area. The NPRM does not propose to 
limit the height of antennas for either fixed or base stations. 
Consistent with existing rules for AWS operations, the NPRM proposes 
that operations in the 1675-1680 MHz band would be subject to 
international agreements with Mexico and Canada. Finally, Part 27 
contains several additional technical rules applicable to all Part 27 
services, including Section 27.51 (Equipment authorization), Section 
27.52 (RF safety), Section 27.54 (Frequency stability), and Section 
27.56 (Antennas structures; air navigation safety).\18\ The NPRM 
proposes that all of these Part 27 technical rules should apply to all 
1675-1680 MHz band licenses and licensees, including licensees who 
acquire their licenses through partitioning or disaggregation.
---------------------------------------------------------------------------

    \18\ 47 CFR 27.51, 27.52, 27.54, 27.56.
---------------------------------------------------------------------------

II. Procedural Matters

Initial Regulatory Flexibility Act Analysis

    As required by the Regulatory Flexibility Act of 1980 (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and rules proposed in this document. We request written 
public comment on the IRFA. Comments must be filed in accordance with 
the same deadlines as comments filed in response to the NPRM as set 
forth on the first page of this document, and 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 the NPRM, including the IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration.

Initial Paperwork Reduction Act Analysis

    The NPRM contains proposed new information collection requirements. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and OMB to comment on the 
information collection requirements contained in this document, as 
required by PRA. 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.''

List of Subjects in 47 CFR Part 1, 2, and 27

    Communications common carriers, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, and 27 
as follows:

PART 1--PRACTICE AND PROCEDURE

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

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

0
2. Amend Sec.  1.907 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); 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, subpart 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); 1675-1680 MHz Service (part 27, subpart O); 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); Citizens Broadband Radio Service (part 
96, subpart C); 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 1.9005 is amended by revising paragraph (n) to read as 
follows:


Sec.  1.9005   Included services.

* * * * *
    (n) The Wireless Communications Service in the 1670-1675 MHz band 
and 1675-1680 MHz band (part 27 of this chapter);
* * * * *

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

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

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

0
5. Section 2.106, the Table of Frequency Allocations, is amended by 
revising pages 35, 36, 37, and 38 to read as follows:


Sec.  2.106   Table of Frequency Allocations.

* * * * *
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[[Page 23515]]


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[[Page 23518]]

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
6. 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
7. Section 27.1 is amended by adding paragraph (b)(15) to read as 
follows:


Sec.  27.1   Basis and purpose.

* * * * *
    (b) * * *
    (15) 1675-1680 MHz.
* * * * *
0
8. Section 27.5 is amended by adding paragraph (m) to read as follows:


Sec.  27.5   Frequencies.

* * * * *
    (m) 1675-1680 MHz band. The unpaired 1675-1680 MHz band is 
available for assignment on a PEA basis.

0
9. Section 27.6 is amended by adding paragraph (m) to read as follows:


Sec.  27.6   Service areas.

* * * * *
    (m) 1675-1680 MHz band. The service area for the 1675-1680 MHz band 
is based on PEAs as defined in paragraph (l) of this section.

0
10. Section 27.13 is amended by adding paragraph (m) to read as 
follows:


Sec.  27.13   License period.

* * * * *
    (m) 1675-1680 MHz band. Authorizations for the 1675-1680 MHz band 
will have a term not to exceed 15 years from the date of issuance or 
renewal.
0
11. Section 27.14 is amended by revising the first sentence of 
paragraph (a) and the first sentence of paragraph (k) and adding 
paragraph (u) to read as follows:


Sec.  27.14   Construction requirements.

    (a) AWS and WCS licensees, with the exception of WCS licensees 
holding authorizations for the 600 MHz band, Block A in the 698-704 MHz 
and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz 
bands, Block E in the 722-728 MHz band, Block C, C1 or C2 in the 746-
757 MHz and 776-787 MHz bands, 1675-1680 MHz band, Block A in the 2305-
2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and 
2355-2360 MHz bands, Block C in the 2315-2320 MHz band, and Block D in 
the 2345-2350 MHz band, and with the exception of licensees holding AWS 
authorizations in the 1915-1920 MHz and 1995-2000 MHz bands, the 2000-
2020 MHz and 2180-2200 MHz bands, or 1695-1710 MHz, 1755-1780 MHz and 
2155-2180 MHz bands, must, as a performance requirement, make a showing 
of ``substantial service'' in their license area within the prescribed 
license term set forth in Sec.  27.13. * * *
* * * * *
    (k) Licensees holding WCS or AWS authorizations in the spectrum 
blocks enumerated in paragraphs (g), (h), (i), (q), (r), (s), (t), and 
(u) of this section, including any licensee that obtained its license 
pursuant to the procedures set forth in paragraph (j) of this section, 
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. * * *
* * * * *
    (u) The following provisions apply to any licensee holding an 
authorization in the 1675-1680 MHz band:
    (1) A licensee shall provide reliable signal coverage and offer 
service within six (6) years from the date of the initial license to at 
least forty-five (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 twelve (12) years from the date of the initial license 
to at least eighty (80) percent of the population in each of its 
license areas (``Final Buildout Requirement'').
    (3) If a licensee fails to establish that it meets the First 
Buildout Requirement for a particular license area, the licensee's 
Final Buildout Requirement deadline and license term will be reduced by 
two years.
    (4) If a licensee fails to establish that it meets the Final 
Buildout Requirement for a particular license area, its authorization 
for each license area in which it fails to meet the Final 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.
    (5) 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. For the Gulf of Mexico license area, the 
licensee shall demonstrate compliance with these performance 
requirements, using off-shore platforms, including production, 
manifold, compression, pumping and valving platforms as a proxy for 
population in the Gulf of Mexico.
    (6) An applicant for renewal of a license covered by this paragraph 
(u) must make a renewal showing, independent of its performance 
requirements, consistent with section 1.949 as a condition of each 
renewal.
0
12. Section 27.50 is amended by adding paragraph (j) to read as 
follows:


Sec.  27.50   Power limits and duty cycle.

* * * * *
    (j) In the 1675-1680 MHz band, fixed and base stations are limited 
to 2000 watts EIRP peak power.
* * * * *
0
13. Section 27.53 is amended by revising paragraph (k) to read as 
follows:


Sec.  27.53   Emission limits.

* * * * *
    (k)(1) For operations in the 1670-1675 MHz and 1675-1680 MHz bands, 
the power of any emission outside the licensee's frequency band(s) of 
operation shall be attenuated below the transmitter power (P) by at 
least 43 + 10 log (P) dB. Compliance with these provisions is based on 
the procedures described in paragraph (a)(5) of this section.
    (2) For operations in the 1670-1675 MHz and 1675-1680 MHz bands, to 
the extent a licensee establishes unified operations across the AWS 
blocks, that licensee may choose not to observe the emission limit 
specified in paragraph (k)(1) of this section, strictly between its 
adjacent block licenses in a geographic area, so long as it complies 
with other Commission rules and is not adversely affecting the 
operations of other parties by virtue of exceeding the emission limit.
    (3) Private Agreements. Licensees in the 1670-1675 MHz and 1675-
1680 MHz bands may enter into a private agreement with all affected 
licensees operating in either band to allow the out-of-band emission 
limit described in this paragraph to be exceeded only between the 1670-
1675 MHz and 1675-

[[Page 23519]]

1680 MHz blocks. A licensee who is a party to a private agreement 
described in this section (3) must maintain a copy of the agreement in 
its station files and disclose it, upon request, to prospective AWS 
assignees, transferees, or spectrum lessees and to the Commission.
* * * * *
0
14. Section 27.55 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  27.55   Power strength limits.

    (a) * * *
    (1) 1675-1680, 1995-2000, 2110-2155, 2155-2180, 2180-2200, 2305-
2320, and 2345-2360 MHz bands: 47 dB[micro]V/m.
* * * * *
0
15. Section 27.57 is amended by revising paragraph (c) to read as 
follows:


Sec.  27.57   International coordination.

* * * * *
    (c) Operation in the 1675-1680 MHz, 1695-1710 MHz, 1710-1755 MHz, 
1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 
MHz, 2155-2180 MHz, and 2180-2200 MHz bands is subject to international 
agreements with Mexico and Canada.
0
16. Subpart O, consisting of Sec. Sec.  27.1400, 27.1401, and 27.1410, 
is added to read as follows:

Subpart O--1675-1680 MHz Band

Sec.
27.1400 675-1680 MHz band subject to competitive bidding.
27.1401 Designated entities in the 1675-1680 MHz band.
27.1410 Protection of Federal Government meteorological-satellite 
operations.


Sec.  27.1400  1675-1680 MHz band subject to competitive bidding.

    Mutually exclusive initial applications for 1675-1680 MHz band 
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.  27.1401  Designated entities in the 1675-1680 MHz band.

    (a) Eligibility for small business provisions--(1) Definitions--(i) 
Small business. A small business is an entity that, together with its 
affiliates, its controlling interests, and the affiliates of its 
controlling interests, has average gross revenues not exceeding $55 
million for the preceding five (5) years.
    (ii) Very small business. A very small business is an entity that, 
together with its affiliates, its controlling interests, and the 
affiliates of its controlling interests, has average gross revenues not 
exceeding $20 million for the preceding five (5) years.
    (2) Bidding credits. A winning bidder that qualifies as a small 
business, as defined in this section, or a consortium of small 
businesses may use the bidding credit of 15 percent, as specified in 
Sec.  1.2110(f)(2)(i)(C) of this chapter. A winning bidder that 
qualifies as a very small business, as defined in this section, or a 
consortium of very small businesses may use the bidding credit of 25 
percent, as specified in Sec.  1.2110(f)(2)(i)(B) of this chapter.
    (b) Eligibility for rural service provider bidding credit. A rural 
service provider, as defined in Sec.  1.2110(f)(4)(i) of this chapter, 
that has not claimed a small business bidding credit may use the 
bidding credit of 15 percent specified in Sec.  1.2110(f)(4) of this 
chapter.


Sec.  27.1410  Protection of Federal Government Meteorological-
Satellite operations.

    (a) 14 Protection Zones. Within 14 Protection Zones, prior to 
operating a base station in the 1675-1680 MHz band, licensees must 
successfully coordinate such base station operations with Federal 
Government entities operating meteorological satellite Earth-station 
receivers in the 1675-1710 MHz band.
    (b) Additional Protection Zones. Federal earth stations in the 
1675-1680 MHz band may be added subject to approval by NTIA and in 
compliance with a coordination process that will be announced jointly 
by the FCC and NTIA via Public Notice.
    (c) Interference. If protected Federal earth stations receive 
harmful interference from 1675-1680 MHz band operations in the 1675-
1680 MHz band, a 1675-1680 MHz band licensee must, upon notification, 
modify its operations and/or technical parameters as necessary to 
eliminate the interference.
    (d) Point of contact. 1675-1680 MHz band licensees must provide and 
maintain a point of contact at all times so that immediate contact can 
be made should interference against protected Federal sites occur.
    (e) Coordination procedures. Federal use of the radio spectrum is 
generally governed by the National Telecommunications and Information 
Administration (NTIA) while non-Federal use is governed by the 
Commission. As such, any guidance or details concerning Federal/non-
Federal coordination must be issued jointly by NTIA and the Commission. 
The Commission may jointly issue with NTIA one or more public notices 
with guidance or details concerning the coordination procedures for the 
1675-1680 MHz band.

[FR Doc. 2019-10675 Filed 5-21-19; 8:45 am]
 BILLING CODE 6712-01-P
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