International Bureau and Wireless Telecommunications Bureau Seek Focused Additional Comment in 3.7-4.2 GHz Band Proceeding, 25514-25517 [2019-11448]

Download as PDF 25514 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Proposed Rules determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a release of hazardous substances, pollutants or contaminants. The NPL is of only limited significance as it does not assign liability to any party. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: May 23, 2019. Barry N. Breen, Acting Assistant Administrator, Office of Land and Emergency Management. For the reasons set forth in the preamble, EPA proposes to amend 40 CFR part 300 as follows: Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. 2. Table 1 of appendix B to part 300 is proposed to be amended by adding the entries for ‘‘Schroud Property’’, and ‘‘Arsenic Mine’’ in alphabetical order by state. ■ Appendix B to Part 300—National Priorities List PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: ■ TABLE 1—GENERAL SUPERFUND SECTION Notes a State Site name IL ....... * * * * Schroud Property ................................................................................................................... * Chicago. NY ..... * * * * Arsenic Mine .......................................................................................................................... * * * Kent ............................................................... * * City/county * * * * * * A * aA = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). * * * * * [FR Doc. 2019–11408 Filed 5–31–19; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 2, 25 and 27 [GN Docket No. 18–122; RM–11791; RM– 11778; DA 19–385] International Bureau and Wireless Telecommunications Bureau Seek Focused Additional Comment in 3.7– 4.2 GHz Band Proceeding Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the International Bureau and Wireless Telecommunications Bureau invite interested parties to submit more focused additional comment on the issues set forth below and any other issues commenters wish to raise concerning proposals for enabling additional terrestrial use of the 3.7–4.2 GHz band (C-band). As the Commission explained in its July 2018 Notice of Proposed Rulemaking (NPRM), the Commission’s efforts to make this midband spectrum available for more flexible use will help close the digital divide by providing wireless broadband jbell on DSK3GLQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 18:04 May 31, 2019 Jkt 247001 connectivity across the nation and secure U.S. leadership in nextgeneration services, including fifthgeneration (5G) wireless and the Internet of Things. DATES: Comments are due on or before July 3, 2019; reply comments on or before July 18, 2019. ADDRESSES: You may submit comments, identified by GN Docket No. 18–122, by any of the following methods: • Federal Communications Commission’s website: https:// www.fcc.gov/ecfs/. Follow the instructions for submitting comments. • People With Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov, phone: 202–418–0530 or TTY: 202–418– 0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Matthew Pearl of the Wireless Telecommunications Bureau, at Matthew.Pearl@fcc.gov or (202) 418– 2607, or Jim Schlichting of the International Bureau, at Jim.Schlichting@fcc.gov or (202) 418– 1547. For information regarding Initial Paperwork Reduction Act, contact Cathy PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 Williams, Office of Managing Director, at (202) 418–2918 or Cathy.Williams@ fcc.gov. This is a summary of the Commission’s document, DA 19–385, (IB, WTB May 3, 2019), GN Docket No. 18–122, RM– 11791, RM–11778. The complete text of this document, as well as comments, reply comments, and ex parte submissions, is available for public inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY–A257, Washington, DC 20554. The complete text is available on the Commission’s website at https://wireless.fcc.gov, or by using the search function on the ECFS web page at https://www.fcc.gov/cgb/ ecfs/. Alternative formats are available to persons with disabilities by calling the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (tty). SUPPLEMENTARY INFORMATION: Comment Filing Procedures Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and replies on or before the dates indicated on the first page of this document. Comments and replies may be filed using the Commission’s E:\FR\FM\03JNP1.SGM 03JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Proposed Rules Electronic Comment Filing System (ECFS). • Electronic Filers: Comments may be filed electronically using the internet by accessing ECFS: https://www.fcc.gov/ ecfs/. Filers should follow the instructions provided on the website for submitting comments. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket number, GN Docket No. 18–122. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. 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. 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. Æ All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street 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. Æ 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. Æ U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington DC 20554. People With Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202–418–0530 (voice), 844– 432–2275 (videophone), or 202–418– 0432 (TTY). Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Initial Paperwork Reduction Act of 1995 Analysis Synopsis 1. In the NPRM,1 the Commission sought to balance the desire to make this spectrum available for new terrestrial wireless uses in a rapid and efficient manner with the need to accommodate This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business VerDate Sep<11>2014 16:08 May 31, 2019 Jkt 247001 Ex Parte Rules Pursuant to section 1.1200(a) of the Commission’s rules, this Public Notice shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance with the Commission’s ex parte rules. 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 section 1.1206(b). In proceedings governed by section 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. 1 See Expanding Flexible Use of the 3.7–4.2 GHz Band, Order and Notice of Proposed Rulemaking, 33 FCC Rcd 6915 (2018), 83 FR. 42043 (Aug. 20, 2018) (Order), 83 FR. 44128 (Aug. 29, 2018) (NPRM). PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 25515 incumbent Fixed Satellite Service (FSS) and Fixed Service (FS) operations in the band. To that end, the Commission sought comment on both market-based and auction-based approaches for repurposing a portion or all of the Cband for flexible use licenses, as well as approaches that combine elements of market- and auction-based clearing mechanisms. Commenters have weighed in by supporting or opposing a variety of clearing mechanisms, and their comments raise additional issues concerning the Commission’s authority to employ elements of those mechanisms. The Commission now invites focused additional comment on the issues set forth below and any other issues commenters wish to raise concerning proposals for enabling additional terrestrial use of the C-band. What are the enforceable interference protection rights, if any, granted to space station operators against coprimary terrestrial operations? Do those rights depend on the extent incumbent earth stations receive their transmissions within the United States? And what limits, if any, does section 316 of the Act place on the proposals raised by the Commission in this NPRM or by the commenters in this docket? 2. Space station operators use the 3.7– 4.2 GHz band for downlink operations. Before transmitting in the band, a space station operator must receive either a license from the Commission or a license from a non-U.S. government along with a grant of market access by the Commission. Requests for U.S. market access through non-U.S.licensed space stations require the same legal and technical information that the Commission’s rules require for a license application for that space station. Whether a space station operator is a licensee or recipient of a market access grant, modifications to U.S. operations require Commission review. Importantly, the Commission’s rules permit space station operators to transmit in the 3.7–4.2 GHz band on a nonexclusive basis from specific orbital locations. 3. Fixed terrestrial users have coprimary use of the 3.7–4.2 GHz band. Fixed terrestrial licensees may be assigned 20 megahertz paired channels for point-to-point common carrier or private operational fixed microwave links in the 3.7–4.2 GHz band and must comply with the frequency coordination procedures set forth in part 101 to be entitled to interference protection. 4. To implement a sharing framework for the band, the Commission’s rules offer receive-only earth stations the option to register for protection against E:\FR\FM\03JNP1.SGM 03JNP1 25516 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS terrestrial fixed stations.2 Such registration occurs by filing applications accompanied by an exhibit demonstrating coordination with terrestrial stations. The purpose of this coordination requirement is to establish the baseline level of interference that an earth station must accept in frequency bands shared by the fixed terrestrial and fixed satellite services on a co-primary basis. The coordination results entitle the earth station to the interference protection levels agreed to during coordination. Or as the Commission’s rules put it, ‘‘protection from impermissible levels of interference to the reception of signals by earth stations in the Fixed-Satellite Service from terrestrial stations in a co-equally shared band is provided through the authorizations granted under this part.’’ 5. Against this backdrop, the Commission seeks targeted comment on the extent to which satellite space station operators have enforceable rights against harmful interference from terrestrial stations in the C-band under their space station licenses and market access grants. For C-band satellite space station operators, what is the scope of enforceable rights, if any, that they have under their space station licenses and market access grants? Is there any distinction between the enforceable rights, if any, accorded to U.S.-licensed space stations and non-U.S.-licensed space stations that have been duly approved for U.S. market access? Commenters should discuss the specific statutory or regulatory provisions granting any such enforceable rights. 6. The C-Band Alliance argues that Cband satellite space station operators with no U.S. customers and no U.S. revenues should not be compensated in the C-band transition process. In contrast, the small satellite operators argue that any transition plan must ‘‘[c]ompensate fairly all satellite operators with satellites authorized by the Commission to provide C-band service in the United States for the loss of valuable spectrum that they are currently authorized to use to offer services. . . .’’ Do the enforceable rights, if any, of space station operators 2 Consistent with the Commission’s proposals in the NPRM for protecting incumbent earth stations that were operational as of April 19, 2018, for the questions in this document, the term ‘‘registered receive-only earth station operators’’ is intended to include applicants who had registration applications pending in IBFS as of the date the freeze exception filing window ended. Thus, the term would include applications that have not yet been processed by Federal Communications Commission staff, as well as applications without a showing of frequency coordination with terrestrial fixed service. See NPRM, 33 FCC Rcd at 6926, paragraph 27, 83 FR. at 44130. VerDate Sep<11>2014 16:08 May 31, 2019 Jkt 247001 depend on the extent incumbent earth stations receive their transmissions within the United States? For instance, do space station operators have a right to transmit free from harmful interference only where there are registered earth stations receiving their signal? Do they have a right to transmit free from harmful interference anywhere in the contiguous United States? Do they only have the right to transmit on a non-exclusive basis? Or do they have some broader right to preclude the Commission from adopting any policy that would impair their satellite service distribution business? To put it another way, to what extent are the enforceable rights of a space station operator dependent on, or derivative from, the rights of licensed or registered receiveonly earth stations that receive that space station operator’s signal? 7. T-Mobile has suggested that, as a technical matter, new, flexible-use terrestrial operations would not suffer harmful interference from downlink signals but could cause harmful interference to licensed or registered receive-only earth stations in the band. Is this correct? If so, how should it impact the Commission’s analysis given that new flexible-use operations could cause harmful interference to licensed or registered receive-only earth stations in the band? 8. Section 316 of the Act gives the Commission authority to modify entire classes of station licenses by rulemaking or adjudication, but that this authority has been interpreted not to extend to any ‘‘fundamental change’’ to the terms of a license. What obligations, if any, does section 316 of the Communications Act (or any other provision of the Act) impose on the Commission with respect to space station operators if the Commission were to authorize new terrestrial operations in the band under any of the proposals in the NPRM or the record? Does section 316 require that the Commission ensure the receipt of downlink transmissions where there are registered earth stations receiving a space station’s signal? Does section 316 require the availability of comparable facilities for such locations? Does section 316 create obligations in areas where there are no registered earth stations? 9. So long as a satellite operator’s transmission rights are not disturbed, would section 316 even apply if the Commission authorized additional terrestrial use that could interfere with the receipt of the signal? If so, under what circumstances and to what extent? And would section 316 apply to a satellite operator that was permitted, after the Commission adopted changes PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 to the band in this rulemaking, to continue to transmit on a non-exclusive, shared basis? 10. If section 316 does impose obligations on the Commission regarding satellite licensees or market access grantees, how should the Commission measure comparability in the context of these proposals? Of what relevance here are the Commission’s prior actions to ensure that incumbents required to vacate spectrum receive comparable facilities, or to provide options when modifying the holdings of existing licensees? 3 What are the enforceable interference protection rights granted to licensed or registered receive-only earth station operators against co-primary terrestrial operations? What obligations does section 316 of the Act places on the Commission vis-a`-vis licensed or registered receive-only earth station operators? Are registered receive-only earth station operators eligible to voluntarily relinquish their rights to protection from harmful interference in the reverse phase of an incentive auction because they qualify as ‘‘licenses’’ under § 309(j)(8)(G)? Does the Commission have other statutory authorities that would enable it to authorize payments to such earth stations to induce them to modify or relocate their facilities? 11. Receive-only earth stations cannot cause interference, but under the Commission’s current rules they can be coordinated and licensed or registered with the Commission to protect them from terrestrial fixed services.4 On April 19, 2018, the International Bureau temporarily waived the coordination requirement for earth station applications filed during a window that closed on October 31, 2018. Registrations or licenses granted for 3 See, e.g., 47 CFR 101.73(d), 101.75(b), 101.89(d) (comparable facilities defined in terms of throughput, reliability, and operating costs); Improving Public Safety Communications in the 800 MHz Band et al., Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, paragraph 68 (2004); Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., GN Docket No. 14– 177, Fourth Report and Order, FCC 18–180, at paragraph 15 (Dec. 12, 2018). 4 47 CFR 25.131(b) (filing requirements and registration for receive-only earth stations). Receiveonly earth stations in the Fixed Satellite Service that operate with U.S.-licensed space stations, or with non-U.S.-licensed space stations that have been duly approved for U.S. market access, may be registered with the Commission in order to protect them from interference from terrestrial microwave stations in bands shared co-equally with the Fixed Service in accordance with the procedures of §§ 25.203 and 25.251, subject to the structure in § 25.209(c). Receive-only earth stations must be licensed in cases where they seek to operate with non-U.S.-licensed space stations that have not been approved for market access. See 47 CFR 25.131(j). E:\FR\FM\03JNP1.SGM 03JNP1 Federal Register / Vol. 84, No. 106 / Monday, June 3, 2019 / Proposed Rules applications filed during the window without the coordination report will include a condition noting that the license or registration does not afford interference protection from fixed service transmissions. Upon announcing the termination of the freeze, the International Bureau may modify or terminate the waiver by requiring or permitting registrants or licensees who filed applications within the window without a coordination report to file such a report as required by the Commission’s rules, and to take any appropriate action in light of such filing. 12. The NPRM proposed to protect incumbent earth stations from harmful interference as the Commission increased the intensity of terrestrial use in the band.5 What is the scope of the right of such users to protection from harmful interference? What obligations, if any, does section 316 of the Communications Act (or any other provision of the Act) impose on the Commission vis-a`-vis licensed or registered receive-only earth station operators if the Commission were to authorize new terrestrial operations in the band under any of the proposals in the NPRM or the record? 13. The Commission seeks comment on whether licensed or registered receive-only earth stations have licensed spectrum usage rights, as defined in the Communications Act of 1934, as amended (the Act). Section 309(j)(8)(G) of the Act, provides that the Commission ‘‘may encourage a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights’’ as part of an incentive auction. This jbell on DSK3GLQ082PROD with PROPOSALS 5 See NPRM, 33 FCC Rcd at 6926, paragraph 27, 83 FR. at 44130. The Commission sought comment on how to define the appropriate class of incumbents for protection. For earth station licensees and registrants, the NPRM proposed to define incumbent stations as earth stations that: (1) Were operational as of April 19, 2018; (2) are licensed or registered (or had a pending application for license or registration) in the IBFS database as of October 17, 2018; and (3) have timely certified the accuracy of information on file with the Commission to the extent required by the Order. Id. The filing deadline was subsequently extended until October 31, 2018. International Bureau Announces Two-Week Extension of Filing Window for Earth Stations Currently Operating in 3.7–4.2 GHz Band, Public Notice, 33 FCC Rcd 10054 (IB Oct. 17, 2018). VerDate Sep<11>2014 16:08 May 31, 2019 Jkt 247001 provision, however, does not define the term ‘‘licensee’’ or ‘‘licensed spectrum usage rights.’’ Section 3(53) of the Act defines ‘‘license’’ as ‘‘that instrument of authorization required by [the Act] or the rules and regulations of the Commission made pursuant to [the Act], for the use or operation of apparatus for transmission of energy, or communications, or signals by radio, by whatever name the instrument may be designated by the Commission.’’ The ‘‘transmission of energy . . . by radio,’’ in turn, is defined to include ‘‘all instrumentalities, facilities, and services incidental to such transmission.’’ In light of these and any other statutory provisions that may be relevant, how should the Commission interpret ‘‘licensed spectrum usage rights’’ as it may apply to any of the proposals either advanced by the Commission in the NPRM or raised in comments filed in this docket? 14. Receive-only earth stations do not transmit ‘‘energy, or communications, or signals’’ and most have not been eligible for a Commission license since 1991. However, in adopting the receive-only earth station registration program, the Commission provided that ‘‘a registration program will afford the same protection from interference as would a license issued under our former [licensing] procedure.’’ Do licensed or registered receive-only earth station operators meet the definition of licensees that have licensed spectrum usage rights that they could voluntarily relinquish in an incentive auction? Some commenters argue that registered earth stations have licensed spectrum usage rights, while other commenters argue that earth station registrations are not licenses under § 309(j)(8)(G). At least one commenter suggests that the Commission consider holding a reverse auction in which incumbent receiveonly earth station registrants and satellite licensees would compete to submit winning bids to clear a PEA. Does the Commission’s incentive auction authority allow it to structure a reverse auction in which satellite operators and licensed or registered receive-only earth station operators compete to relinquish their spectrum PO 00000 Frm 00023 Fmt 4702 Sfmt 9990 25517 usage rights? What, if any, legal authority does the Commission have to structure an incentive auction that would award initial licenses for mobile operations in the band subject to protecting or reaching agreements with licensed or registered receive-only earth stations? For that matter, do non-U.S.licensed space station operators granted market access meet the definition of licensees that have licensed spectrum usage rights that they could voluntarily relinquish in an incentive auction? 15. If an incentive auction approach is unavailable, does the Commission have other statutory authorities that would enable it to authorize or require payments to licensed or registered receive-only earth stations to induce them to modify or relocate their facilities? One commenter argues that §§ 303(c), 303(r), and 4(i) of the Act, and specific Commission precedent, provide the Commission with ample authority to require that proceeds from a Commission auction or a private sale of spectrum usage rights to be shared with registered receive-only earth stations as well as with the U.S. Treasury. Another commenter maintains that the Commission recognized the important role of receive-only earth stations in the NPRM when it asked whether, ‘‘[i]nstead of paying [fixed satellite] operators for relinquishing spectrum usage rights nationwide, or in specific geographic regions, a mechanism instead might pay earth stations for relinquishing access to C-band spectrum in specific geographic areas.’’ Are there any other rules or sources of authority the Commission should consider in addressing the question of how to accommodate licensed or registered earth station operators that may be displaced as a result of repurposing of the C-band? Are there any equitable or public policy factors the Commission should take into consideration? Federal Communications Commission. John Schauble, Deputy Division Chief, Broadband Division, Wireless Telecommunication Bureau. [FR Doc. 2019–11448 Filed 5–31–19; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\03JNP1.SGM 03JNP1

Agencies

[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Proposed Rules]
[Pages 25514-25517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11448]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 25 and 27

[GN Docket No. 18-122; RM-11791; RM-11778; DA 19-385]


International Bureau and Wireless Telecommunications Bureau Seek 
Focused Additional Comment in 3.7-4.2 GHz Band Proceeding

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document, the International Bureau and Wireless 
Telecommunications Bureau invite interested parties to submit more 
focused additional comment on the issues set forth below and any other 
issues commenters wish to raise concerning proposals for enabling 
additional terrestrial use of the 3.7-4.2 GHz band (C-band). As the 
Commission explained in its July 2018 Notice of Proposed Rulemaking 
(NPRM), the Commission's efforts to make this mid-band spectrum 
available for more flexible use will help close the digital divide by 
providing wireless broadband connectivity across the nation and secure 
U.S. leadership in next-generation services, including fifth-generation 
(5G) wireless and the Internet of Things.

DATES: Comments are due on or before July 3, 2019; reply comments on or 
before July 18, 2019.

ADDRESSES: You may submit comments, identified by GN Docket No. 18-122, 
by any of the following methods:
     Federal Communications Commission's website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected], phone: 202-418-0530 
or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Matthew Pearl of the Wireless 
Telecommunications Bureau, at [email protected] or (202) 418-2607, 
or Jim Schlichting of the International Bureau, at 
[email protected] or (202) 418-1547. For information regarding 
Initial Paperwork Reduction Act, contact Cathy Williams, Office of 
Managing Director, at (202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 19-385, (IB, WTB May 3, 2019), GN Docket No. 18-122, RM-
11791, RM-11778. The complete text of this document, as well as 
comments, reply comments, and ex parte submissions, is available for 
public inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time 
(ET) Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays 
in the FCC Reference Information Center, 445 12th Street SW, Room CY-
A257, Washington, DC 20554. The complete text is available on the 
Commission's website at https://wireless.fcc.gov, or by using the search 
function on the ECFS web page at https://www.fcc.gov/cgb/ecfs/. 
Alternative formats are available to persons with disabilities by 
calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (tty).

Comment Filing Procedures

    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and replies on 
or before the dates indicated on the first page of this document. 
Comments and replies may be filed using the Commission's

[[Page 25515]]

Electronic Comment Filing System (ECFS).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing ECFS: https://www.fcc.gov/ecfs/. Filers 
should follow the instructions provided on the website for submitting 
comments. In completing the transmittal screen, filers should include 
their full name, U.S. Postal Service mailing address, and the 
applicable docket number, GN Docket No. 18-122.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. 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. 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.
    [cir] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street 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.
    [cir] 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.
    [cir] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW, Washington DC 20554.
    People With Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 844-
432-2275 (videophone), or 202-418-0432 (TTY).

Initial Paperwork Reduction Act of 1995 Analysis

    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Ex Parte Rules

    Pursuant to section 1.1200(a) of the Commission's rules, this 
Public Notice shall be treated as a ``permit-but-disclose'' proceeding 
in accordance with the Commission's ex parte rules. 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 section 
1.1206(b). In proceedings governed by section 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.

Synopsis

    1. In the NPRM,\1\ the Commission sought to balance the desire to 
make this spectrum available for new terrestrial wireless uses in a 
rapid and efficient manner with the need to accommodate incumbent Fixed 
Satellite Service (FSS) and Fixed Service (FS) operations in the band. 
To that end, the Commission sought comment on both market-based and 
auction-based approaches for repurposing a portion or all of the C-band 
for flexible use licenses, as well as approaches that combine elements 
of market- and auction-based clearing mechanisms. Commenters have 
weighed in by supporting or opposing a variety of clearing mechanisms, 
and their comments raise additional issues concerning the Commission's 
authority to employ elements of those mechanisms. The Commission now 
invites focused additional comment on the issues set forth below and 
any other issues commenters wish to raise concerning proposals for 
enabling additional terrestrial use of the C-band.
---------------------------------------------------------------------------

    \1\ See Expanding Flexible Use of the 3.7-4.2 GHz Band, Order 
and Notice of Proposed Rulemaking, 33 FCC Rcd 6915 (2018), 83 FR. 
42043 (Aug. 20, 2018) (Order), 83 FR. 44128 (Aug. 29, 2018) (NPRM).
---------------------------------------------------------------------------

    What are the enforceable interference protection rights, if any, 
granted to space station operators against co-primary terrestrial 
operations? Do those rights depend on the extent incumbent earth 
stations receive their transmissions within the United States? And what 
limits, if any, does section 316 of the Act place on the proposals 
raised by the Commission in this NPRM or by the commenters in this 
docket?
    2. Space station operators use the 3.7-4.2 GHz band for downlink 
operations. Before transmitting in the band, a space station operator 
must receive either a license from the Commission or a license from a 
non-U.S. government along with a grant of market access by the 
Commission. Requests for U.S. market access through non-U.S.-licensed 
space stations require the same legal and technical information that 
the Commission's rules require for a license application for that space 
station. Whether a space station operator is a licensee or recipient of 
a market access grant, modifications to U.S. operations require 
Commission review. Importantly, the Commission's rules permit space 
station operators to transmit in the 3.7-4.2 GHz band on a nonexclusive 
basis from specific orbital locations.
    3. Fixed terrestrial users have co-primary use of the 3.7-4.2 GHz 
band. Fixed terrestrial licensees may be assigned 20 megahertz paired 
channels for point-to-point common carrier or private operational fixed 
microwave links in the 3.7-4.2 GHz band and must comply with the 
frequency coordination procedures set forth in part 101 to be entitled 
to interference protection.
    4. To implement a sharing framework for the band, the Commission's 
rules offer receive-only earth stations the option to register for 
protection against

[[Page 25516]]

terrestrial fixed stations.\2\ Such registration occurs by filing 
applications accompanied by an exhibit demonstrating coordination with 
terrestrial stations. The purpose of this coordination requirement is 
to establish the baseline level of interference that an earth station 
must accept in frequency bands shared by the fixed terrestrial and 
fixed satellite services on a co-primary basis. The coordination 
results entitle the earth station to the interference protection levels 
agreed to during coordination. Or as the Commission's rules put it, 
``protection from impermissible levels of interference to the reception 
of signals by earth stations in the Fixed-Satellite Service from 
terrestrial stations in a co-equally shared band is provided through 
the authorizations granted under this part.''
---------------------------------------------------------------------------

    \2\ Consistent with the Commission's proposals in the NPRM for 
protecting incumbent earth stations that were operational as of 
April 19, 2018, for the questions in this document, the term 
``registered receive-only earth station operators'' is intended to 
include applicants who had registration applications pending in IBFS 
as of the date the freeze exception filing window ended. Thus, the 
term would include applications that have not yet been processed by 
Federal Communications Commission staff, as well as applications 
without a showing of frequency coordination with terrestrial fixed 
service. See NPRM, 33 FCC Rcd at 6926, paragraph 27, 83 FR. at 
44130.
---------------------------------------------------------------------------

    5. Against this backdrop, the Commission seeks targeted comment on 
the extent to which satellite space station operators have enforceable 
rights against harmful interference from terrestrial stations in the C-
band under their space station licenses and market access grants. For 
C-band satellite space station operators, what is the scope of 
enforceable rights, if any, that they have under their space station 
licenses and market access grants? Is there any distinction between the 
enforceable rights, if any, accorded to U.S.-licensed space stations 
and non-U.S.-licensed space stations that have been duly approved for 
U.S. market access? Commenters should discuss the specific statutory or 
regulatory provisions granting any such enforceable rights.
    6. The C-Band Alliance argues that C-band satellite space station 
operators with no U.S. customers and no U.S. revenues should not be 
compensated in the C-band transition process. In contrast, the small 
satellite operators argue that any transition plan must ``[c]ompensate 
fairly all satellite operators with satellites authorized by the 
Commission to provide C-band service in the United States for the loss 
of valuable spectrum that they are currently authorized to use to offer 
services. . . .'' Do the enforceable rights, if any, of space station 
operators depend on the extent incumbent earth stations receive their 
transmissions within the United States? For instance, do space station 
operators have a right to transmit free from harmful interference only 
where there are registered earth stations receiving their signal? Do 
they have a right to transmit free from harmful interference anywhere 
in the contiguous United States? Do they only have the right to 
transmit on a non-exclusive basis? Or do they have some broader right 
to preclude the Commission from adopting any policy that would impair 
their satellite service distribution business? To put it another way, 
to what extent are the enforceable rights of a space station operator 
dependent on, or derivative from, the rights of licensed or registered 
receive-only earth stations that receive that space station operator's 
signal?
    7. T-Mobile has suggested that, as a technical matter, new, 
flexible-use terrestrial operations would not suffer harmful 
interference from downlink signals but could cause harmful interference 
to licensed or registered receive-only earth stations in the band. Is 
this correct? If so, how should it impact the Commission's analysis 
given that new flexible-use operations could cause harmful interference 
to licensed or registered receive-only earth stations in the band?
    8. Section 316 of the Act gives the Commission authority to modify 
entire classes of station licenses by rulemaking or adjudication, but 
that this authority has been interpreted not to extend to any 
``fundamental change'' to the terms of a license. What obligations, if 
any, does section 316 of the Communications Act (or any other provision 
of the Act) impose on the Commission with respect to space station 
operators if the Commission were to authorize new terrestrial 
operations in the band under any of the proposals in the NPRM or the 
record? Does section 316 require that the Commission ensure the receipt 
of downlink transmissions where there are registered earth stations 
receiving a space station's signal? Does section 316 require the 
availability of comparable facilities for such locations? Does section 
316 create obligations in areas where there are no registered earth 
stations?
    9. So long as a satellite operator's transmission rights are not 
disturbed, would section 316 even apply if the Commission authorized 
additional terrestrial use that could interfere with the receipt of the 
signal? If so, under what circumstances and to what extent? And would 
section 316 apply to a satellite operator that was permitted, after the 
Commission adopted changes to the band in this rulemaking, to continue 
to transmit on a non-exclusive, shared basis?
    10. If section 316 does impose obligations on the Commission 
regarding satellite licensees or market access grantees, how should the 
Commission measure comparability in the context of these proposals? Of 
what relevance here are the Commission's prior actions to ensure that 
incumbents required to vacate spectrum receive comparable facilities, 
or to provide options when modifying the holdings of existing 
licensees? \3\
---------------------------------------------------------------------------

    \3\ See, e.g., 47 CFR 101.73(d), 101.75(b), 101.89(d) 
(comparable facilities defined in terms of throughput, reliability, 
and operating costs); Improving Public Safety Communications in the 
800 MHz Band et al., Report and Order, Fifth Report and Order, 
Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969, 
paragraph 68 (2004); Use of Spectrum Bands Above 24 GHz For Mobile 
Radio Services, et al., GN Docket No. 14-177, Fourth Report and 
Order, FCC 18-180, at paragraph 15 (Dec. 12, 2018).
---------------------------------------------------------------------------

    What are the enforceable interference protection rights granted to 
licensed or registered receive-only earth station operators against co-
primary terrestrial operations? What obligations does section 316 of 
the Act places on the Commission vis-[agrave]-vis licensed or 
registered receive-only earth station operators? Are registered 
receive-only earth station operators eligible to voluntarily relinquish 
their rights to protection from harmful interference in the reverse 
phase of an incentive auction because they qualify as ``licenses'' 
under Sec.  309(j)(8)(G)? Does the Commission have other statutory 
authorities that would enable it to authorize payments to such earth 
stations to induce them to modify or relocate their facilities?
    11. Receive-only earth stations cannot cause interference, but 
under the Commission's current rules they can be coordinated and 
licensed or registered with the Commission to protect them from 
terrestrial fixed services.\4\ On April 19, 2018, the International 
Bureau temporarily waived the coordination requirement for earth 
station applications filed during a window that closed on October 31, 
2018. Registrations or licenses granted for

[[Page 25517]]

applications filed during the window without the coordination report 
will include a condition noting that the license or registration does 
not afford interference protection from fixed service transmissions. 
Upon announcing the termination of the freeze, the International Bureau 
may modify or terminate the waiver by requiring or permitting 
registrants or licensees who filed applications within the window 
without a coordination report to file such a report as required by the 
Commission's rules, and to take any appropriate action in light of such 
filing.
---------------------------------------------------------------------------

    \4\ 47 CFR 25.131(b) (filing requirements and registration for 
receive-only earth stations). Receive-only earth stations in the 
Fixed Satellite Service that operate with U.S.-licensed space 
stations, or with non-U.S.-licensed space stations that have been 
duly approved for U.S. market access, may be registered with the 
Commission in order to protect them from interference from 
terrestrial microwave stations in bands shared co-equally with the 
Fixed Service in accordance with the procedures of Sec. Sec.  25.203 
and 25.251, subject to the structure in Sec.  25.209(c). Receive-
only earth stations must be licensed in cases where they seek to 
operate with non-U.S.-licensed space stations that have not been 
approved for market access. See 47 CFR 25.131(j).
---------------------------------------------------------------------------

    12. The NPRM proposed to protect incumbent earth stations from 
harmful interference as the Commission increased the intensity of 
terrestrial use in the band.\5\ What is the scope of the right of such 
users to protection from harmful interference? What obligations, if 
any, does section 316 of the Communications Act (or any other provision 
of the Act) impose on the Commission vis-[agrave]-vis licensed or 
registered receive-only earth station operators if the Commission were 
to authorize new terrestrial operations in the band under any of the 
proposals in the NPRM or the record?
---------------------------------------------------------------------------

    \5\ See NPRM, 33 FCC Rcd at 6926, paragraph 27, 83 FR. at 44130. 
The Commission sought comment on how to define the appropriate class 
of incumbents for protection. For earth station licensees and 
registrants, the NPRM proposed to define incumbent stations as earth 
stations that: (1) Were operational as of April 19, 2018; (2) are 
licensed or registered (or had a pending application for license or 
registration) in the IBFS database as of October 17, 2018; and (3) 
have timely certified the accuracy of information on file with the 
Commission to the extent required by the Order. Id. The filing 
deadline was subsequently extended until October 31, 2018. 
International Bureau Announces Two-Week Extension of Filing Window 
for Earth Stations Currently Operating in 3.7-4.2 GHz Band, Public 
Notice, 33 FCC Rcd 10054 (IB Oct. 17, 2018).
---------------------------------------------------------------------------

    13. The Commission seeks comment on whether licensed or registered 
receive-only earth stations have licensed spectrum usage rights, as 
defined in the Communications Act of 1934, as amended (the Act). 
Section 309(j)(8)(G) of the Act, provides that the Commission ``may 
encourage a licensee to relinquish voluntarily some or all of its 
licensed spectrum usage rights'' as part of an incentive auction. This 
provision, however, does not define the term ``licensee'' or ``licensed 
spectrum usage rights.'' Section 3(53) of the Act defines ``license'' 
as ``that instrument of authorization required by [the Act] or the 
rules and regulations of the Commission made pursuant to [the Act], for 
the use or operation of apparatus for transmission of energy, or 
communications, or signals by radio, by whatever name the instrument 
may be designated by the Commission.'' The ``transmission of energy . . 
. by radio,'' in turn, is defined to include ``all instrumentalities, 
facilities, and services incidental to such transmission.'' In light of 
these and any other statutory provisions that may be relevant, how 
should the Commission interpret ``licensed spectrum usage rights'' as 
it may apply to any of the proposals either advanced by the Commission 
in the NPRM or raised in comments filed in this docket?
    14. Receive-only earth stations do not transmit ``energy, or 
communications, or signals'' and most have not been eligible for a 
Commission license since 1991. However, in adopting the receive-only 
earth station registration program, the Commission provided that ``a 
registration program will afford the same protection from interference 
as would a license issued under our former [licensing] procedure.'' Do 
licensed or registered receive-only earth station operators meet the 
definition of licensees that have licensed spectrum usage rights that 
they could voluntarily relinquish in an incentive auction? Some 
commenters argue that registered earth stations have licensed spectrum 
usage rights, while other commenters argue that earth station 
registrations are not licenses under Sec.  309(j)(8)(G). At least one 
commenter suggests that the Commission consider holding a reverse 
auction in which incumbent receive-only earth station registrants and 
satellite licensees would compete to submit winning bids to clear a 
PEA. Does the Commission's incentive auction authority allow it to 
structure a reverse auction in which satellite operators and licensed 
or registered receive-only earth station operators compete to 
relinquish their spectrum usage rights? What, if any, legal authority 
does the Commission have to structure an incentive auction that would 
award initial licenses for mobile operations in the band subject to 
protecting or reaching agreements with licensed or registered receive-
only earth stations? For that matter, do non-U.S.-licensed space 
station operators granted market access meet the definition of 
licensees that have licensed spectrum usage rights that they could 
voluntarily relinquish in an incentive auction?
    15. If an incentive auction approach is unavailable, does the 
Commission have other statutory authorities that would enable it to 
authorize or require payments to licensed or registered receive-only 
earth stations to induce them to modify or relocate their facilities? 
One commenter argues that Sec. Sec.  303(c), 303(r), and 4(i) of the 
Act, and specific Commission precedent, provide the Commission with 
ample authority to require that proceeds from a Commission auction or a 
private sale of spectrum usage rights to be shared with registered 
receive-only earth stations as well as with the U.S. Treasury. Another 
commenter maintains that the Commission recognized the important role 
of receive-only earth stations in the NPRM when it asked whether, 
``[i]nstead of paying [fixed satellite] operators for relinquishing 
spectrum usage rights nationwide, or in specific geographic regions, a 
mechanism instead might pay earth stations for relinquishing access to 
C-band spectrum in specific geographic areas.'' Are there any other 
rules or sources of authority the Commission should consider in 
addressing the question of how to accommodate licensed or registered 
earth station operators that may be displaced as a result of 
repurposing of the C-band? Are there any equitable or public policy 
factors the Commission should take into consideration?

Federal Communications Commission.
John Schauble,
Deputy Division Chief, Broadband Division, Wireless Telecommunication 
Bureau.
[FR Doc. 2019-11448 Filed 5-31-19; 8:45 am]
 BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.