Facilitating Shared Use in the 3.1-3.55 GHz Band, 3579-3586 [2020-00535]
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Federal Register / Vol. 85, No. 14 / Wednesday, January 22, 2020 / Proposed Rules
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2, 90, and 97
[WT Docket No. 19–348; FCC 19–130; FRS
16397]
Facilitating Shared Use in the 3.1–3.55
GHz Band
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, a Notice of
Proposed Rulemaking (NPRM) proposes
to remove the existing non-federal
secondary radiolocation and amateur
allocations in the 3.3–3.55 GHz band
and to relocate incumbent non-federal
operations out of the band, in order to
prepare the band for possible expanded
commercial wireless use. Specifically,
the NPRM would eliminate the nonfederal radiolocation services allocation
in the 3.3–3.55 GHz band and the nonfederal amateur allocation in the 3.3–3.5
GHz band. This NPRM also seeks
comment on appropriate relocation
options for incumbent non-federal
users, either to the 3.1–3.3 GHz band or
to other frequencies, on the transition
mechanism and process for relocating
existing non-federal users, and on
potential relocation costs and
considerations. The proposals in the
NPRM are an initial step toward
potential future shared use between
federal operations and flexible use
commercial services, consistent with the
Commission’s responsibilities specified
in the MOBILE NOW Act to identify
spectrum for new mobile and fixed
wireless use and to work in consultation
with the National Telecommunications
and Information Administration (NTIA)
to evaluate the feasibility of allowing
commercial wireless services to share
use of spectrum between 3.1 and 3.55
GHz.
SUMMARY:
Interested parties may file
comments on or before February 21,
2020; and reply comments on or before
March 23, 2020.
ADDRESSES: You may submit comments,
identified by WT Docket No. 19–348, by
any of the following methods:
• Federal Communications
Commission’s website: https://
apps.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
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DATES:
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or 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:
Mary Claire York of the Wireless
Telecommunications Bureau, Mobility
Division, (202) 418–2205 or
MaryClaire.York@fcc.gov. For additional
information concerning the Paperwork
Reduction Act information collection
requirements contained in this NPRM,
contact Cathy Williams, Office of
Managing Director, at (202) 418–2918 or
Cathy.Williams@fcc.gov or email PRA@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), WT
Docket No. 19–348; FCC 19–130,
adopted on December 12, 2019 and
released on December 16, 2019. The full
text of this document is available at
https://docs.fcc.gov/public/
attachments/FCC-19-130A1.pdf.
Synopsis
MOBILE NOW Act and Current
Allocations. Congress addressed the
pressing need for additional spectrum
for wireless broadband in the Fiscal
Year 2018 omnibus spending bill,
signed into law in March 2018, which
includes the MOBILE NOW Act under
Title VI of RAY BAUM’S Act.
Consolidated Appropriations Act, 2018,
Public Law 115–141, Division P, the
Repack Airwaves Yielding Better Access
for Users of Modern Services (RAY
BAUM’S) Act, Title VI (the Making
Opportunities for Broadband Investment
and Limiting Excessive and Needless
Obstacles to Wireless Act or MOBILE
NOW Act). In light of the importance of
making spectrum available for new
technologies and maintaining America’s
leadership position in the future of
communications technology, the Act
mandates that the Secretary of
Commerce, working through NTIA: (1)
Submit, in consultation with the
Commission and the head of each
affected Federal agency (or a designee
thereof), a report by March 23, 2020 on
the feasibility of ‘‘allowing commercial
wireless service, licensed or unlicensed,
to share use of the frequencies between
3100 megahertz and 3550 megahertz,’’
and (2) identify with the Commission
‘‘at least 255 megahertz of Federal and
non-Federal spectrum for mobile and
fixed wireless broadband use’’ by
December 31, 2022. With respect to this
second obligation of NTIA and the
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Commission, the Act further specifies
that not less than ‘‘100 megahertz below
the frequency of 6000 megahertz shall
be identified for use on an exclusive,
licensed basis for commercial mobile
use, pursuant to the Commission’s
authority to implement such licensing
in a flexible manner’’ and ‘‘subject to
potential continued use of such
spectrum by incumbent Federal entities
in designated geographic areas’’ in
accordance with specified terms of the
Act and not less than ‘‘100 megahertz
below the frequency of 8000 megahertz
shall be identified for use on an
unlicensed basis.’’ Id. §§ 605(a),
§ 603(a)(1), 603(a)(2)(B).
Of the frequencies between 3100 MHz
and 3550 MHz, NTIA has identified the
top 100 megahertz in the 3.45–3.55 GHz
band as the most promising portion for
sharing in the near term and is
conducting a feasibility assessment in
collaboration with the Department of
Defense (DOD), and continues to study
the feasibility of sharing in the entire
3.1–3.55 GHz band with existing and
future Federal users. The report on the
3.1–3.55 GHz band must include: ‘‘(1)
[a]n assessment of the operations of
Federal entities that operate Federal
Government stations authorized to use
the frequencies . . .’’; (2) ‘‘[a]n
assessment of the possible impacts of
such sharing on Federal and nonFederal users already operating on the
frequencies . . .’’; (3) ‘‘[t]he criteria that
may be necessary to ensure shared
licensed or unlicensed services would
not cause harmful interference to
Federal or non-Federal users already
operating in the frequencies . . .’’ and
(4) ‘‘[i]f such sharing is feasible, an
identification of which of the
frequencies described in that subsection
are most suitable for sharing with
commercial wireless services through
the assignment of new licenses by
competitive bidding, for sharing with
unlicensed operations, or through a
combination of licensing and
unlicensed operations.’’ Once NTIA has
submitted the report, ‘‘[t]he
Commission, in consultation with the
NTIA, shall seek public comment on the
repor[t] . . . .’’ Id. §§ 605(c), (d).
Currently, the entire 3.1–3.55 GHz
band is allocated for both Federal and
non-federal radiolocation services, with
non-federal users operating on a
secondary basis to Federal radiolocation
services, which have a primary
allocation. 47 CFR 2.106 and US108,
90.103(b), (c)(12). The Federal
radiolocation allocation is one piece of
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a broader Federal primary allocation for
radiolocation in the 2.9–3.65 GHz band.
47 CFR 2.106. The DOD operates highpowered defense radar systems on fixed,
mobile, shipborne, and airborne
platforms in this band. These radar
systems are used in conjunction with
weapons control systems and for the
detection and tracking of air and surface
targets. The DOD also operates radar
systems used for fleet air defense,
missile and gunfire control, bomb
scoring, battlefield weapon locations, air
traffic control, and range safety.
In addition, the 3.3–3.5 GHz band is
allocated for non-federal amateur use
and the 3.5–3.55 GHz band is allocated
for Federal aeronautical radionavigation
services. Id. Between 3.3 and 3.55 GHz,
there are only eight active licenses being
used for a variety of commercial and
industrial radiolocation services, such
as doppler radar to provide weather
information to broadcast viewers. Nonfederal transmitters operating between
3.3–3.5 GHz are limited to survey
operations and cannot exceed a peak
power of 5 watts into the antenna. From
3.1–3.3 GHz, the band is allocated for
space research (active) and earth
exploration satellite (active) in addition
to radiolocation services. Id. There are
17 non-federal radiolocation licenses
below 3.3 GHz, held by power
companies and municipalities.
Among the non-federal users already
operating on these frequencies are
hundreds of experimental licenses,
including special temporary
authorizations (STAs), active
throughout the 3.1–3.55 GHz band.
Experimental STAs may be requested
for operation of a conventional
experimental radio service station for a
temporary period of no longer than six
months. 47 CFR 5.54(a)(2), 5.61. A
current list of active experimental
authorizations throughout the 3.1–3.55
GHz band can be found via the Office
of Engineering and Technology’s
Experimental Licensing System Generic
Search, available at https://apps.fcc.gov/
oetcf/els/reports/GenericSearch.cfm.
These licenses and STAs, pursuant to
part 5 of the Commission’s rules, may be
granted for a broad range of research
and experimentation purposes but such
operations are on a non-interference
basis (i.e., if an experimental facility
should cause interference, the licensee
is required to discontinue operation. 47
CFR 5.3, 5.84. Many of the recurring
STAs in the band enable short-term use
of these or other frequencies to add
additional capacity during sporting
events.
In light of the statutory provisions
contained in the MOBILE NOW Act, the
Wireless Telecommunications Bureau in
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February 2019 imposed a freeze on
accepting and processing applications
for new or expanded part 90
Radiolocation Service operations in the
3.1–3.55 GHz band to ‘‘maintain a stable
spectral environment in a band that is
under active consideration for possible
alternative use.’’ Temporary Freeze on
Non-Federal Applications in the 3100–
3550 MHz Band, WT Docket No. 19–39,
Public Notice, 34 FCC Rcd 19 (WTB
Feb. 22, 2019).
A. Removal of Non-Federal Allocations
In this NPRM, the Commission
proposes to remove the non-federal
allocations for the 3.3–3.55 GHz band
and relocate incumbent non-federal
users out of the band. The Commission
notes that the 3.3–3.55 GHz band has
been the focus for 5G use by standards
setting organizations and in other
countries, and the Commission thus
believes our focus on this band would
promote international harmonization.
The Commission also notes that NTIA
has identified the top 100 megahertz in
the 3.45–3.55 GHz band as the most
promising portion for making new
spectrum available for commercial use,
and therefore expects that band will be
the Commission’s first priority. The
Commission also seeks comment on
transition and protection mechanisms
for non-federal incumbent operators.
The Commission proposes to
eliminate the non-federal radiolocation
services allocation in the 3.3–3.55 GHz
band and the non-federal amateur
allocation in the 3.3–3.5 GHz.
Specifically, the Commission proposes
to remove these non-federal allocations
from the Table of Frequency Allocations
in section 2.106 of the rules, 47 CFR
2.106, and make conforming rule
changes in parts 90 and 97, 47 CFR parts
90 and 97. The proposed removal is an
initial step toward potential future
shared use between Federal operations
and flexible use commercial services, in
furtherance of the Commission’s
obligations under the MOBILE NOW
Act to identify spectrum for mobile and
fixed wireless use and to work with
NTIA to evaluate this band for potential
shared use. As the Commission has
recognized in other proceedings, midband spectrum is well-suited for next
generation wireless broadband services
given the combination of favorable
propagation characteristics (as
compared to high bands) and the
opportunity for additional channel reuse (as compared to low bands). As a
general matter, the Commission
considers clearing spectrum for flexible
use to be a priority when it is feasible
to do so. Where it has not been feasible,
the Commission has attempted to
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introduce sharing. As demonstrated by
the commercial interest in the adjacent
3.5 GHz band, as well as the extensive
use of experimental licenses and STAs
operating in the 3.1–3.55 GHz band
throughout 2019, flexible-use operations
in the 3 GHz band hold substantial
promise.
By taking the initial step needed to
clear the band of allocations for nonfederal incumbents, the Commission
furthers its continued efforts to make
more mid-band spectrum potentially
available to support next generation
wireless networks—consistent with the
mandate of the MOBILE NOW Act. The
Commission seeks comment on this
proposal.
B. Future of Incumbent Non-Federal
Operations
The Commission seeks comment on
appropriate relocation options for
incumbent non-federal users, either to
the 3.1–3.3 GHz band or to other
frequencies. Which other frequencies
might be appropriate to accommodate
the current and future uses of the band?
Should the Commission consider
different frequencies for different
licensees depending on their specific
needs? For example, are there different
considerations that the Commission
should take into account in considering
alternate frequencies for the relatively
low-power operations in the 3.3–3.5
GHz band and the high-power weather
radar operations in the 3.5–3.55 GHz
band? The Commission believes that
moving the high-power weather radars
in particular may benefit operations in
the adjacent 3.55–3.7 GHz band by
minimizing the potential for harmful
interference from the non-federal radars
to Citizens Broadband Radio Service
operations.
The Commission seeks comment on
relocating non-federal licensees to
another band. What band would be most
appropriate? For example, if relocated to
the 3.1–3.3 GHz band, the Commission
would propose that these licensees
would continue to operate on a
secondary basis to Federal operations,
consistent with the current allocations
in the band. The Commission seeks
comment on whether this proposal is
the most efficient and appropriate
scheme for future use of the band and
also seeks comment on how best to
balance the interests of existing
licensees in the 3.3–3.55 GHz band with
potentially preparing the band for
possible future shared use between
Federal incumbents and commercial
wireless services, if feasible. And the
Commission seeks comment on how to
ensure that non-federal secondary
operations in the 3.1–3.3 GHz band will
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continue to protect Federal radar
systems. Commenters should precisely
describe proposed approaches and
explain the costs and benefits of their
proposals.
With respect to amateur operations, is
there sufficient existing amateur
spectrum in other bands that can
support the operations currently
conducted in the 3.3–3.5 GHz band?
The Commission notes that the 3.40–
3.41 GHz segment is designated for
communications to and from amateur
satellites. 47 CFR 97.207–97.211. The
Commission seeks comment on: The
extent to which the band is used for this
purpose, whether existing satellites can
operate on other amateur satellite bands,
and on an appropriate timeframe for
terminating these operations in this
band.
The Commission also seeks comment
generally on the transition mechanism
and process for relocating existing nonfederal users. How can the Commission
expedite and incentivize the transition
of existing operations? What is a
reasonable timeframe to transition the
operations? Should these licenses
sunset at the end of the existing license
term, or at another date certain? What
are the potential costs to non-federal
incumbent licensees to relocate their
operations to another band as compared
to the benefits of preparing the band for
future shared use? What technical
characteristics of non-federal licensee’s
equipment should factor into our
relocation considerations (e.g.,
tunability, bandwidth, operational
power, etc.)? How should non-federal
incumbent licensees be compensated for
their relocation costs? Should their
current status, i.e., secondary to Federal
radiolocation services, factor into any
relocation considerations, including
cost reimbursement?
Procedural Matters
Ex Parte Rules. The proceeding this
NPRM initiates shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. 47 CFR 1.1200 et seq.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
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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.
Comment Filing Procedures. Pursuant
to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. 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.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
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3581
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).
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 the NPRM. It
requests written public comment on the
IRFA, contained at Appendix B to the
NPRM. 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 Analysis
This document contains proposed
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the Commission seeks specific comment
on how it might further reduce the
information collection burden for small
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business concerns with fewer than 25
employees.
List of Subjects
47 CFR Part 2
Ordering Clauses
It is ordered, pursuant to the authority
found in sections 1, 2, 4(i), 303, 316,
and 1502 of the Communications Act of
1934, 47 U.S.C. 151, 152, 154(i), 303,
316, and 1502, and section 1.411 of the
Commission’s Rules, 47 CFR 1.411, that
this Notice of Proposed Rulemaking is
hereby adopted.
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It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
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PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
Table of Frequency Allocations,
Telecommunications.
47 CFR Part 90
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
Radio.
Radio, Satellites.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
parts 2, 90, and 97 as follows:
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2. Section 2.106, the Table of
Frequency Allocations, is amended as
follows:
■ a. Pages 40 and 41 are revised.
■ b. In the list of United States (US)
Footnotes, footnote US108 is revised.
■ c. In the list of Federal Government
(G) Footnotes, footnotes G2 and G59 are
revised.
■
47 CFR Part 97
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1. The authority citation for part 2
continues to read as follows:
■
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§ 2.106
Table of Frequency Allocations.
The revisions read as follows:
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BILLING CODE 6712–01–P
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United States (US) Footnotes
*
*
*
*
*
US108 In the band 10–10.5 GHz, survey
operations, using transmitters with a peak
power not to exceed five watts into the
antenna, may be authorized for Federal and
non-Federal use on a secondary basis to other
Federal radiolocation operations.
*
*
*
*
*
*
*
*
*
G2 In the bands 216.965–216.995 MHz,
420–450 MHz (except as provided for in
G129), 890–902 MHz, 928–942 MHz, 1300–
1390 MHz, 2310–2390 MHz, 2417–2450
MHz, 2700–2900 MHz, 5650–5925 MHz, and
9000–9200 MHz, use of the Federal
radiolocation service is restricted to the
military services.
*
*
*
*
*
G59 In the bands 902–928 MHz, 3100–
3300 MHz, 3550–3650 MHz, 5250–5350
MHz, 8500–9000 MHz, 9200–9300 MHz,
13.4–14.0 GHz, 15.7–17.7 GHz and 24.05–
24.25 GHz, all Federal non-military
radiolocation shall be secondary to military
radiolocation, except in the sub-band 15.7–
16.2 GHz airport surface detection equipment
(ASDE) is permitted on a co-equal basis
subject to coordination with the military
departments.
*
*
*
*
■
3. The authority citation for part 90
continues to read as follows:
§ 97.209
■
Authority: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7), 1401–1473.
§ 90.103
[Amended]
4. In § 90.103, amend the table in
paragraph (b) by removing the entries of
‘‘3300 to 3500’’ MHz and ‘‘3500 to
3550’’ MHz bands.
*
PART 97—AMATEUR RADIO SERVICE
6. In § 97.207, revise paragraph (c)(2)
to read as follows:
■
Space station.
*
*
*
*
(c) * * *
(2) The 7.0–7.1 MHz, 14.00–14.25
MHz, 144–146 MHz, 435–438 MHz,
2400–2450 MHz, 5.83–5.85 GHz, 10.45–
10.50 GHz, and 24.00–24.05 GHz
segments.
*
*
*
*
*
Wavelength band
Space telecommand station.
*
Authority: 47 U.S.C. 151–155, 301–609,
unless otherwise noted.
*
*
*
*
*
(b) * * *
(2) The 7.0–7.1 MHz, 14.00–14.25
MHz, 144–146 MHz, 435–438 MHz,
1260–1270 MHz and 2400–2450 MHz,
5.65–5.67 GHz, 10.45–10.50 GHz and
24.00–24.05 GHz segments.
■ 8. In § 97.211, revise paragraph (c)(2)
to read as follows:
§ 97.211
5. The authority citation for part 97
continues to read as follows:
■
§ 97.207
Earth station.
*
■
Federal Government (G) Footnotes
*
7. In § 97.209, revise paragraph (b)(2)
to read as follows:
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
*
*
*
*
(c) * * *
(2) The 7.0–7.1 MHz, 14.00–14.25
MHz, 144–146 MHz, 435–438 MHz,
1260–1270 MHz and 2400–2450 MHz,
5.65–5.67 GHz, 10.45–10.50 GHz and
24.00–24.05 GHz segments.
*
*
*
*
*
■ 9. In § 97.301, revise the table in
paragraph (a) to read as follows:
§ 97.301
*
Authorized frequency bands.
*
*
(a) * * *
*
ITU
Region 1
ITU
Region 2
ITU
Region 3
MHz
MHz
MHz
*
Sharing
requirements
see § 97.303
(paragraph)
VHF
6 m ..........................................................................................................
2 m ..........................................................................................................
1.25 m .....................................................................................................
Do ...........................................................................................................
..........................
144–146
..........................
..........................
50–54
144–148
219–220
222–225
50–54
144–148
..........................
..........................
(a).
(a), (k).
(l).
(a).
420–450
902–928
1240–1300
2300–2310
2390–2450
430–440
..........................
1240–1300
2300–2310
2390–2450
(a),
(a),
(b),
(d),
(d),
UHF
70 cm ......................................................................................................
33 cm ......................................................................................................
23 cm ......................................................................................................
13 cm ......................................................................................................
Do ...........................................................................................................
430–440
..........................
1240–1300
2300–2310
2390–2450
GHz
GHz
(b),
(b),
(d),
(p).
(e),
(m).
(e), (n).
(o).
(p).
GHz
SHF
5 cm ........................................................................................................
3 cm ........................................................................................................
1.2 cm .....................................................................................................
5.650–5.850
10.0–10.5
24.00–24.25
5.650–5.925
10.0–10.5
24.00–24.25
5.650–5.850
10.0–10.5
24.00–24.25
47.0–47.2
76–81
122.25–123.00
134–141
241–250
Above 275
47.0–47.2
76–81
122.25–123.00
134–141
241–250
Above 275
47.0–47.2
76–81
122.25–123.00
134–141
241–250
Above 275
(a), (b), (e), (r).
(a), (b), (k).
(b), (d), (e).
khammond on DSKJM1Z7X2PROD with PROPOSALS
EHF
6 mm .......................................................................................................
4 mm .......................................................................................................
2.5 mm ....................................................................................................
2 mm .......................................................................................................
1 mm .......................................................................................................
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E:\FR\FM\22JAP1.SGM
22JAP1
(c), (f), (s).
(e), (t).
(c), (f).
(c), (e), (f).
(f).
3586
Federal Register / Vol. 85, No. 14 / Wednesday, January 22, 2020 / Proposed Rules
10. In § 97.303, revise paragraphs (b)
and (f) and remove and reserve
paragraph (q) as follows:
ACTION:
■
§ 97.303
Frequency sharing requirements.
*
*
*
*
(b) Amateur stations transmitting in
the 70 cm band, the 33 cm band, the 23
cm band, the 5 cm band, the 3 cm band,
or the 24.05–24.25 GHz segment must
not cause harmful interference to, and
must accept interference from, stations
authorized by the United States
Government in the radiolocation
service.
*
*
*
*
*
(f) Amateur stations transmitting in
the following segments must not cause
harmful interference to radio astronomy
stations: 76–81 GHz, 136–141 GHz, 241–
248 GHz, 275–323 GHz, 327–371 GHz,
388–424 GHz, 426–442 GHz, 453–510
GHz, 623–711 GHz, 795–909 GHz, or
926–945 GHz. In addition, amateur
stations transmitting in the following
segments must not cause harmful
interference to stations in the Earth
exploration-satellite service (passive) or
the space research service (passive):
275–286 GHz, 296–306 GHz, 313–356
GHz, 361–365 GHz, 369–392 GHz, 397–
399 GHz, 409–411 GHz, 416–434 GHz,
439–467 GHz, 477–502 GHz, 523–527
GHz, 538–581 GHz, 611–630 GHz, 634–
654 GHz, 657–692 GHz, 713–718 GHz,
729–733 GHz, 750–754 GHz, 771–776
GHz, 823–846 GHz, 850–854 GHz, 857–
862 GHz, 866–882 GHz, 905–928 GHz,
951–956 GHz, 968–973 GHz and 985–
990 GHz.
*
*
*
*
*
(q) [Reserved]
*
*
*
*
*
[Amended]
11. In § 97.305, amend the SHF
portion of the table in paragraph (c) by
removing the entry of ‘‘9 cm band’’.
■
[FR Doc. 2020–00535 Filed 1–21–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
khammond on DSKJM1Z7X2PROD with PROPOSALS
50 CFR Part 17
[Docket No. FWS–R6–ES–2018–0081;
4500030113]
RIN 1018–BD47
Endangered and Threatened Wildlife
and Plants; Reclassification of the
Humpback Chub From Endangered to
Threatened With a Section 4(d) Rule
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Sep<11>2014
16:12 Jan 21, 2020
Jkt 250001
We, the U.S. Fish and
Wildlife Service (Service), propose to
reclassify the humpback chub (Gila
cypha) from an endangered species to a
threatened species on the Federal List of
Endangered and Threatened Wildlife,
due to partial recovery. Based on the
best available scientific and commercial
data, threats to the humpback chub
identified at the time of listing have
been eliminated or reduced to the point
that the species no longer meets the
definition of an endangered species
under the Endangered Species Act of
1973, as amended (Act), but is likely to
become an endangered species within
the foreseeable future. We also propose
a rule issued under section 4(d) of the
Act that is necessary and advisable to
provide for the conservation of the
humpback chub.
DATES: We will accept comments
received or postmarked on or before
March 23, 2020. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date. We
must receive requests for a public
hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by March 9, 2020.
ADDRESSES: Written comments: You may
submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R6–ES–2018–0081, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R6–ES–2018–
0081; U.S. Fish and Wildlife Service,
MS: BPHC, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
Document availability: Supporting
documentation used to prepare this
proposed rule, including the 5-year
review and the species status
assessment (SSA) report, are available
on the internet at https://
SUMMARY:
*
§ 97.305
Proposed rule.
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
www.regulations.gov under Docket No.
FWS–R6–ES–2018–0081. Additionally,
supporting documentation is available
for public inspection by appointment at
our Upper Colorado River Endangered
Fish Recovery Program Office (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Tom
Chart, Director, U.S. Fish and Wildlife
Service, Upper Colorado River
Endangered Fish Recovery Program,
P.O. Box 25486, DFC, Lakewood, CO
80225; telephone: 303–236–9885.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under
the Act, if a species is determined to be
an endangered or threatened species
throughout all or a significant portion of
its range, we are required to publish a
proposal in the Federal Register and
make a determination on our proposal
within 1 year. Reclassifying a species as
an endangered or threatened species can
only be completed by issuing a rule.
This rule proposes to reclassify the
humpback chub from endangered to
threatened (i.e., to ‘‘downlist’’ the
species) on the Federal List of
Endangered and Threatened Wildlife,
with a rule issued under section 4(d) of
the Act, based on the species’ current
status, which has been improved
through implementation of conservation
actions. This proposed rule and the
associated species status assessment
(SSA) report reassess all available
information regarding the status of and
threats to the humpback chub.
The basis for our action. Under the
Act, we determine whether a species is
an ‘‘endangered species’’ or ‘‘threatened
species’’ based on any of five factors: (A)
The present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) the inadequacy of
existing regulatory mechanisms; or (E)
other natural or manmade factors
affecting its continued existence. We
may reclassify a species if the best
available commercial and scientific data
indicate the species no longer meets the
applicable definition in the Act. For the
reasons discussed below, we believe the
humpback chub no longer meets the
Act’s definition of an endangered
species, but does meet the Act’s
definition of a threatened species. The
actions of multiple conservation
partners over the past 30 years have
improved the condition of humpback
E:\FR\FM\22JAP1.SGM
22JAP1
]]>Agencies
[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Proposed Rules]
[Pages 3579-3586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00535]
[[Page 3579]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 90, and 97
[WT Docket No. 19-348; FCC 19-130; FRS 16397]
Facilitating Shared Use in the 3.1-3.55 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, a Notice of Proposed Rulemaking (NPRM)
proposes to remove the existing non-federal secondary radiolocation and
amateur allocations in the 3.3-3.55 GHz band and to relocate incumbent
non-federal operations out of the band, in order to prepare the band
for possible expanded commercial wireless use. Specifically, the NPRM
would eliminate the non-federal radiolocation services allocation in
the 3.3-3.55 GHz band and the non-federal amateur allocation in the
3.3-3.5 GHz band. This NPRM also seeks comment on appropriate
relocation options for incumbent non-federal users, either to the 3.1-
3.3 GHz band or to other frequencies, on the transition mechanism and
process for relocating existing non-federal users, and on potential
relocation costs and considerations. The proposals in the NPRM are an
initial step toward potential future shared use between federal
operations and flexible use commercial services, consistent with the
Commission's responsibilities specified in the MOBILE NOW Act to
identify spectrum for new mobile and fixed wireless use and to work in
consultation with the National Telecommunications and Information
Administration (NTIA) to evaluate the feasibility of allowing
commercial wireless services to share use of spectrum between 3.1 and
3.55 GHz.
DATES: Interested parties may file comments on or before February 21,
2020; and reply comments on or before March 23, 2020.
ADDRESSES: You may submit comments, identified by WT Docket No. 19-348,
by any of the following methods:
Federal Communications Commission's website: https://apps.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] or 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: Mary Claire York of the Wireless
Telecommunications Bureau, Mobility Division, (202) 418-2205 or
[email protected]. For additional information concerning the
Paperwork Reduction Act information collection requirements contained
in this NPRM, contact Cathy Williams, Office of Managing Director, at
(202) 418-2918 or [email protected] or email [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), WT Docket No. 19-348; FCC 19-130,
adopted on December 12, 2019 and released on December 16, 2019. The
full text of this document is available at https://docs.fcc.gov/public/attachments/FCC-19-130A1.pdf.
Synopsis
MOBILE NOW Act and Current Allocations. Congress addressed the
pressing need for additional spectrum for wireless broadband in the
Fiscal Year 2018 omnibus spending bill, signed into law in March 2018,
which includes the MOBILE NOW Act under Title VI of RAY BAUM'S Act.
Consolidated Appropriations Act, 2018, Public Law 115-141, Division P,
the Repack Airwaves Yielding Better Access for Users of Modern Services
(RAY BAUM'S) Act, Title VI (the Making Opportunities for Broadband
Investment and Limiting Excessive and Needless Obstacles to Wireless
Act or MOBILE NOW Act). In light of the importance of making spectrum
available for new technologies and maintaining America's leadership
position in the future of communications technology, the Act mandates
that the Secretary of Commerce, working through NTIA: (1) Submit, in
consultation with the Commission and the head of each affected Federal
agency (or a designee thereof), a report by March 23, 2020 on the
feasibility of ``allowing commercial wireless service, licensed or
unlicensed, to share use of the frequencies between 3100 megahertz and
3550 megahertz,'' and (2) identify with the Commission ``at least 255
megahertz of Federal and non-Federal spectrum for mobile and fixed
wireless broadband use'' by December 31, 2022. With respect to this
second obligation of NTIA and the Commission, the Act further specifies
that not less than ``100 megahertz below the frequency of 6000
megahertz shall be identified for use on an exclusive, licensed basis
for commercial mobile use, pursuant to the Commission's authority to
implement such licensing in a flexible manner'' and ``subject to
potential continued use of such spectrum by incumbent Federal entities
in designated geographic areas'' in accordance with specified terms of
the Act and not less than ``100 megahertz below the frequency of 8000
megahertz shall be identified for use on an unlicensed basis.'' Id.
Sec. Sec. 605(a), Sec. 603(a)(1), 603(a)(2)(B).
Of the frequencies between 3100 MHz and 3550 MHz, NTIA has
identified the top 100 megahertz in the 3.45-3.55 GHz band as the most
promising portion for sharing in the near term and is conducting a
feasibility assessment in collaboration with the Department of Defense
(DOD), and continues to study the feasibility of sharing in the entire
3.1-3.55 GHz band with existing and future Federal users. The report on
the 3.1-3.55 GHz band must include: ``(1) [a]n assessment of the
operations of Federal entities that operate Federal Government stations
authorized to use the frequencies . . .''; (2) ``[a]n assessment of the
possible impacts of such sharing on Federal and non-Federal users
already operating on the frequencies . . .''; (3) ``[t]he criteria that
may be necessary to ensure shared licensed or unlicensed services would
not cause harmful interference to Federal or non-Federal users already
operating in the frequencies . . .'' and (4) ``[i]f such sharing is
feasible, an identification of which of the frequencies described in
that subsection are most suitable for sharing with commercial wireless
services through the assignment of new licenses by competitive bidding,
for sharing with unlicensed operations, or through a combination of
licensing and unlicensed operations.'' Once NTIA has submitted the
report, ``[t]he Commission, in consultation with the NTIA, shall seek
public comment on the repor[t] . . . .'' Id. Sec. Sec. 605(c), (d).
Currently, the entire 3.1-3.55 GHz band is allocated for both
Federal and non-federal radiolocation services, with non-federal users
operating on a secondary basis to Federal radiolocation services, which
have a primary allocation. 47 CFR 2.106 and US108, 90.103(b), (c)(12).
The Federal radiolocation allocation is one piece of
[[Page 3580]]
a broader Federal primary allocation for radiolocation in the 2.9-3.65
GHz band. 47 CFR 2.106. The DOD operates high-powered defense radar
systems on fixed, mobile, shipborne, and airborne platforms in this
band. These radar systems are used in conjunction with weapons control
systems and for the detection and tracking of air and surface targets.
The DOD also operates radar systems used for fleet air defense, missile
and gunfire control, bomb scoring, battlefield weapon locations, air
traffic control, and range safety.
In addition, the 3.3-3.5 GHz band is allocated for non-federal
amateur use and the 3.5-3.55 GHz band is allocated for Federal
aeronautical radionavigation services. Id. Between 3.3 and 3.55 GHz,
there are only eight active licenses being used for a variety of
commercial and industrial radiolocation services, such as doppler radar
to provide weather information to broadcast viewers. Non-federal
transmitters operating between 3.3-3.5 GHz are limited to survey
operations and cannot exceed a peak power of 5 watts into the antenna.
From 3.1-3.3 GHz, the band is allocated for space research (active) and
earth exploration satellite (active) in addition to radiolocation
services. Id. There are 17 non-federal radiolocation licenses below 3.3
GHz, held by power companies and municipalities.
Among the non-federal users already operating on these frequencies
are hundreds of experimental licenses, including special temporary
authorizations (STAs), active throughout the 3.1-3.55 GHz band.
Experimental STAs may be requested for operation of a conventional
experimental radio service station for a temporary period of no longer
than six months. 47 CFR 5.54(a)(2), 5.61. A current list of active
experimental authorizations throughout the 3.1-3.55 GHz band can be
found via the Office of Engineering and Technology's Experimental
Licensing System Generic Search, available at https://apps.fcc.gov/oetcf/els/reports/GenericSearch.cfm. These licenses and STAs, pursuant
to part 5 of the Commission's rules, may be granted for a broad range
of research and experimentation purposes but such operations are on a
non-interference basis (i.e., if an experimental facility should cause
interference, the licensee is required to discontinue operation. 47 CFR
5.3, 5.84. Many of the recurring STAs in the band enable short-term use
of these or other frequencies to add additional capacity during
sporting events.
In light of the statutory provisions contained in the MOBILE NOW
Act, the Wireless Telecommunications Bureau in February 2019 imposed a
freeze on accepting and processing applications for new or expanded
part 90 Radiolocation Service operations in the 3.1-3.55 GHz band to
``maintain a stable spectral environment in a band that is under active
consideration for possible alternative use.'' Temporary Freeze on Non-
Federal Applications in the 3100-3550 MHz Band, WT Docket No. 19-39,
Public Notice, 34 FCC Rcd 19 (WTB Feb. 22, 2019).
A. Removal of Non-Federal Allocations
In this NPRM, the Commission proposes to remove the non-federal
allocations for the 3.3-3.55 GHz band and relocate incumbent non-
federal users out of the band. The Commission notes that the 3.3-3.55
GHz band has been the focus for 5G use by standards setting
organizations and in other countries, and the Commission thus believes
our focus on this band would promote international harmonization. The
Commission also notes that NTIA has identified the top 100 megahertz in
the 3.45-3.55 GHz band as the most promising portion for making new
spectrum available for commercial use, and therefore expects that band
will be the Commission's first priority. The Commission also seeks
comment on transition and protection mechanisms for non-federal
incumbent operators.
The Commission proposes to eliminate the non-federal radiolocation
services allocation in the 3.3-3.55 GHz band and the non-federal
amateur allocation in the 3.3-3.5 GHz. Specifically, the Commission
proposes to remove these non-federal allocations from the Table of
Frequency Allocations in section 2.106 of the rules, 47 CFR 2.106, and
make conforming rule changes in parts 90 and 97, 47 CFR parts 90 and
97. The proposed removal is an initial step toward potential future
shared use between Federal operations and flexible use commercial
services, in furtherance of the Commission's obligations under the
MOBILE NOW Act to identify spectrum for mobile and fixed wireless use
and to work with NTIA to evaluate this band for potential shared use.
As the Commission has recognized in other proceedings, mid-band
spectrum is well-suited for next generation wireless broadband services
given the combination of favorable propagation characteristics (as
compared to high bands) and the opportunity for additional channel re-
use (as compared to low bands). As a general matter, the Commission
considers clearing spectrum for flexible use to be a priority when it
is feasible to do so. Where it has not been feasible, the Commission
has attempted to introduce sharing. As demonstrated by the commercial
interest in the adjacent 3.5 GHz band, as well as the extensive use of
experimental licenses and STAs operating in the 3.1-3.55 GHz band
throughout 2019, flexible-use operations in the 3 GHz band hold
substantial promise.
By taking the initial step needed to clear the band of allocations
for non-federal incumbents, the Commission furthers its continued
efforts to make more mid-band spectrum potentially available to support
next generation wireless networks--consistent with the mandate of the
MOBILE NOW Act. The Commission seeks comment on this proposal.
B. Future of Incumbent Non-Federal Operations
The Commission seeks comment on appropriate relocation options for
incumbent non-federal users, either to the 3.1-3.3 GHz band or to other
frequencies. Which other frequencies might be appropriate to
accommodate the current and future uses of the band? Should the
Commission consider different frequencies for different licensees
depending on their specific needs? For example, are there different
considerations that the Commission should take into account in
considering alternate frequencies for the relatively low-power
operations in the 3.3-3.5 GHz band and the high-power weather radar
operations in the 3.5-3.55 GHz band? The Commission believes that
moving the high-power weather radars in particular may benefit
operations in the adjacent 3.55-3.7 GHz band by minimizing the
potential for harmful interference from the non-federal radars to
Citizens Broadband Radio Service operations.
The Commission seeks comment on relocating non-federal licensees to
another band. What band would be most appropriate? For example, if
relocated to the 3.1-3.3 GHz band, the Commission would propose that
these licensees would continue to operate on a secondary basis to
Federal operations, consistent with the current allocations in the
band. The Commission seeks comment on whether this proposal is the most
efficient and appropriate scheme for future use of the band and also
seeks comment on how best to balance the interests of existing
licensees in the 3.3-3.55 GHz band with potentially preparing the band
for possible future shared use between Federal incumbents and
commercial wireless services, if feasible. And the Commission seeks
comment on how to ensure that non-federal secondary operations in the
3.1-3.3 GHz band will
[[Page 3581]]
continue to protect Federal radar systems. Commenters should precisely
describe proposed approaches and explain the costs and benefits of
their proposals.
With respect to amateur operations, is there sufficient existing
amateur spectrum in other bands that can support the operations
currently conducted in the 3.3-3.5 GHz band? The Commission notes that
the 3.40-3.41 GHz segment is designated for communications to and from
amateur satellites. 47 CFR 97.207-97.211. The Commission seeks comment
on: The extent to which the band is used for this purpose, whether
existing satellites can operate on other amateur satellite bands, and
on an appropriate timeframe for terminating these operations in this
band.
The Commission also seeks comment generally on the transition
mechanism and process for relocating existing non-federal users. How
can the Commission expedite and incentivize the transition of existing
operations? What is a reasonable timeframe to transition the
operations? Should these licenses sunset at the end of the existing
license term, or at another date certain? What are the potential costs
to non-federal incumbent licensees to relocate their operations to
another band as compared to the benefits of preparing the band for
future shared use? What technical characteristics of non-federal
licensee's equipment should factor into our relocation considerations
(e.g., tunability, bandwidth, operational power, etc.)? How should non-
federal incumbent licensees be compensated for their relocation costs?
Should their current status, i.e., secondary to Federal radiolocation
services, factor into any relocation considerations, including cost
reimbursement?
Procedural Matters
Ex Parte Rules. The proceeding this NPRM initiates shall be treated
as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules. 47 CFR 1.1200 et seq. Persons making ex
parte presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
Comment Filing Procedures. Pursuant to Sec. Sec. 1.415 and 1.419
of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. 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.
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).
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 the NPRM. It requests written public
comment on the IRFA, contained at Appendix B to the NPRM. 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 Analysis
This document contains proposed information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), the Commission seeks specific comment on how it
might further reduce the information collection burden for small
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business concerns with fewer than 25 employees.
Ordering Clauses
It is ordered, pursuant to the authority found in sections 1, 2,
4(i), 303, 316, and 1502 of the Communications Act of 1934, 47 U.S.C.
151, 152, 154(i), 303, 316, and 1502, and section 1.411 of the
Commission's Rules, 47 CFR 1.411, that this Notice of Proposed
Rulemaking is hereby adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects
47 CFR Part 2
Table of Frequency Allocations, Telecommunications.
47 CFR Part 90
Radio.
47 CFR Part 97
Radio, Satellites.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2, 90, and 97
as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. 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
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Pages 40 and 41 are revised.
0
b. In the list of United States (US) Footnotes, footnote US108 is
revised.
0
c. In the list of Federal Government (G) Footnotes, footnotes G2 and
G59 are revised.
Sec. 2.106 Table of Frequency Allocations.
The revisions read as follows:
* * * * *
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* * * * *
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United States (US) Footnotes
* * * * *
US108 In the band 10-10.5 GHz, survey operations, using
transmitters with a peak power not to exceed five watts into the
antenna, may be authorized for Federal and non-Federal use on a
secondary basis to other Federal radiolocation operations.
* * * * *
Federal Government (G) Footnotes
* * * * *
G2 In the bands 216.965-216.995 MHz, 420-450 MHz (except as
provided for in G129), 890-902 MHz, 928-942 MHz, 1300-1390 MHz,
2310-2390 MHz, 2417-2450 MHz, 2700-2900 MHz, 5650-5925 MHz, and
9000-9200 MHz, use of the Federal radiolocation service is
restricted to the military services.
* * * * *
G59 In the bands 902-928 MHz, 3100-3300 MHz, 3550-3650 MHz,
5250-5350 MHz, 8500-9000 MHz, 9200-9300 MHz, 13.4-14.0 GHz, 15.7-
17.7 GHz and 24.05-24.25 GHz, all Federal non-military radiolocation
shall be secondary to military radiolocation, except in the sub-band
15.7-16.2 GHz airport surface detection equipment (ASDE) is
permitted on a co-equal basis subject to coordination with the
military departments.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
3. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
Sec. 90.103 [Amended]
0
4. In Sec. 90.103, amend the table in paragraph (b) by removing the
entries of ``3300 to 3500'' MHz and ``3500 to 3550'' MHz bands.
PART 97--AMATEUR RADIO SERVICE
0
5. The authority citation for part 97 continues to read as follows:
Authority: 47 U.S.C. 151-155, 301-609, unless otherwise noted.
0
6. In Sec. 97.207, revise paragraph (c)(2) to read as follows:
Sec. 97.207 Space station.
* * * * *
(c) * * *
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz,
2400-2450 MHz, 5.83-5.85 GHz, 10.45-10.50 GHz, and 24.00-24.05 GHz
segments.
* * * * *
0
7. In Sec. 97.209, revise paragraph (b)(2) to read as follows:
Sec. 97.209 Earth station.
* * * * *
(b) * * *
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz,
1260-1270 MHz and 2400-2450 MHz, 5.65-5.67 GHz, 10.45-10.50 GHz and
24.00-24.05 GHz segments.
0
8. In Sec. 97.211, revise paragraph (c)(2) to read as follows:
Sec. 97.211 Space telecommand station.
* * * * *
(c) * * *
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz,
1260-1270 MHz and 2400-2450 MHz, 5.65-5.67 GHz, 10.45-10.50 GHz and
24.00-24.05 GHz segments.
* * * * *
0
9. In Sec. 97.301, revise the table in paragraph (a) to read as
follows:
Sec. 97.301 Authorized frequency bands.
* * * * *
(a) * * *
----------------------------------------------------------------------------------------------------------------
ITU Region 1 ITU Region 2 ITU Region 3 Sharing requirements
Wavelength band --------------------------------------------------- see Sec. 97.303
MHz MHz MHz (paragraph)
----------------------------------------------------------------------------------------------------------------
VHF
----------------------------------------------------------------------------------------------------------------
6 m............................... ............... 50-54 50-54 (a).
2 m............................... 144-146 144-148 144-148 (a), (k).
1.25 m............................ ............... 219-220 ............... (l).
Do................................ ............... 222-225 ............... (a).
----------------------------------------------------------------------------------------------------------------
UHF
----------------------------------------------------------------------------------------------------------------
70 cm............................. 430-440 420-450 430-440 (a), (b), (m).
33 cm............................. ............... 902-928 ............... (a), (b), (e), (n).
23 cm............................. 1240-1300 1240-1300 1240-1300 (b), (d), (o).
13 cm............................. 2300-2310 2300-2310 2300-2310 (d), (p).
Do................................ 2390-2450 2390-2450 2390-2450 (d), (e), (p).
----------------------------------------------------------------------------------------------------------------
GHz GHz GHz
----------------------------------------------------------------------------------------------------------------
SHF
----------------------------------------------------------------------------------------------------------------
5 cm.............................. 5.650-5.850 5.650-5.925 5.650-5.850 (a), (b), (e), (r).
3 cm.............................. 10.0-10.5 10.0-10.5 10.0-10.5 (a), (b), (k).
1.2 cm............................ 24.00-24.25 24.00-24.25 24.00-24.25 (b), (d), (e).
----------------------------------------------------------------------------------------------------------------
EHF
----------------------------------------------------------------------------------------------------------------
6 mm.............................. 47.0-47.2 47.0-47.2 47.0-47.2 .........................
4 mm.............................. 76-81 76-81 76-81 (c), (f), (s).
2.5 mm............................ 122.25-123.00 122.25-123.00 122.25-123.00 (e), (t).
2 mm.............................. 134-141 134-141 134-141 (c), (f).
1 mm.............................. 241-250 241-250 241-250 (c), (e), (f).
Above 275 Above 275 Above 275 (f).
----------------------------------------------------------------------------------------------------------------
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0
10. In Sec. 97.303, revise paragraphs (b) and (f) and remove and
reserve paragraph (q) as follows:
Sec. 97.303 Frequency sharing requirements.
* * * * *
(b) Amateur stations transmitting in the 70 cm band, the 33 cm
band, the 23 cm band, the 5 cm band, the 3 cm band, or the 24.05-24.25
GHz segment must not cause harmful interference to, and must accept
interference from, stations authorized by the United States Government
in the radiolocation service.
* * * * *
(f) Amateur stations transmitting in the following segments must
not cause harmful interference to radio astronomy stations: 76-81 GHz,
136-141 GHz, 241-248 GHz, 275-323 GHz, 327-371 GHz, 388-424 GHz, 426-
442 GHz, 453-510 GHz, 623-711 GHz, 795-909 GHz, or 926-945 GHz. In
addition, amateur stations transmitting in the following segments must
not cause harmful interference to stations in the Earth exploration-
satellite service (passive) or the space research service (passive):
275-286 GHz, 296-306 GHz, 313-356 GHz, 361-365 GHz, 369-392 GHz, 397-
399 GHz, 409-411 GHz, 416-434 GHz, 439-467 GHz, 477-502 GHz, 523-527
GHz, 538-581 GHz, 611-630 GHz, 634-654 GHz, 657-692 GHz, 713-718 GHz,
729-733 GHz, 750-754 GHz, 771-776 GHz, 823-846 GHz, 850-854 GHz, 857-
862 GHz, 866-882 GHz, 905-928 GHz, 951-956 GHz, 968-973 GHz and 985-990
GHz.
* * * * *
(q) [Reserved]
* * * * *
Sec. 97.305 [Amended]
0
11. In Sec. 97.305, amend the SHF portion of the table in paragraph
(c) by removing the entry of ``9 cm band''.
[FR Doc. 2020-00535 Filed 1-21-20; 8:45 am]
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