Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 22804-22890 [2020-05164]
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FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 25, 27, and 101
[GN Docket No. 18–122; FCC 20–22; FRS
16548]
Expanding Flexible Use of the 3.7 to
4.2 GHz Band
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) adopts rules to reform the
use of the 3.7–4.2 GHz band, also
known as the C-Band. By repacking
existing satellite operations into the
upper 200 megahertz of the band (and
reserving a 20 megahertz guard band),
the Commission makes 280 megahertz
of spectrum available for flexible use
throughout the contiguous United
States, and does so in a manner that
ensures the continuous and
uninterrupted delivery of services
currently offered in the band. The
Commission will hold a public auction
to ensure that the public recovers a
substantial portion of the value of this
resource. And the Commission
schedules that auction for later this
year, with a robust transition schedule
to ensure that a significant amount of
spectrum is made available quickly for
upcoming 5G deployments. This action
is the next critical step in advancing
American leadership in 5G and
implementing the Commission’s
comprehensive 5G FAST Plan. The
Commission modified the Report and
Order released on March 3, 2020 with
an erratum released on March 27, 2020
and a second erratum released on April
16, 2020. The changes from the first and
second errata are included in this
document.
SUMMARY:
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DATES:
Effective date: June 22, 2020.
Compliance date: Compliance will
not be required for §§ 25.138(a) and (b);
25.147(a) through (c); 27.14(w)(1)
through (4); 27.1412(b)(3)(i), (c)
introductory text, (c)(2), (d)(1) and (2),
and (f) through (h); 27.1413(a)(2) and
(3), (b), and (c)(3) and (7); 27.1414(b)(3),
(b)(4)(i) and (iii), and (c)(1) through (3)
and (6) and (7); 27.1415; 27.1416(a);
27.1417; 27.1419; 27.1421; 27.1422(c);
27.1424; and 101.101, Note (2) until the
Commission publishes a document in
the Federal Register announcing that
compliance date.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
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Anna Gentry of the Wireless
Telecommunications Bureau, Mobility
Division, at (202) 418–7769 or
Anna.Gentry@fcc.gov. For information
regarding the PRA information
collection requirements contained in
this PRA, contact Cathy Williams, Office
of Managing Director, at (202) 418–2918
or Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order and Order of Proposed
Modification in GN Docket No. 18–122,
FCC 20–22 adopted February 28, 2020
and released March 3, 2020. The full
text of the Report and Order and Order
of Proposed Modification, including all
Appendices, is available for inspection
and copying during normal business
hours in the FCC Reference Center, 445
12th Street SW, Room CY–A257,
Washington, DC 20554, or by
downloading the text from the
Commission’s website at https://
docs.fcc.gov/public/attachments/FCC20-22A1.pdf. Alternative formats are
available for people with disabilities
(Braille, large print, electronic files,
audio format), by sending an email to
FCC504@fcc.gov or calling the
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
The Commission will send a copy of
this Report and Order and Order of
Proposed Modification in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act (RFA)
requires that an agency prepare a
regulatory flexibility analysis for notice
and comment rulemakings, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ Accordingly,
the Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA)
concerning the possible impact of the
rule changes contained in this Report
and Order on small entities. As required
by the Regulatory Flexibility Act of
1980, as amended (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated in the Notice of
Proposed Rulemaking (NPRM) released
in July 2018 in this proceeding (83 FR
44128, August 29, 2018). The
Commission sought written public
comment on the proposals in the NPRM,
including comments on the IRFA. No
comments were filed addressing the
IRFA. This present Final Regulatory
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Flexibility Analysis (FRFA) conforms to
the RFA.
Paperwork Reduction Act
The requirements in §§ 25.138(a) and
(b); 25.147(a) through (c); 27.14(w)(1)
through (4); 27.1412(b)(3)(i), (c)
introductory text, (c)(2), (d)(1) through
(2), and (f) through (h); 27.1413(a)(2)
and (3), (b), and (c)(3) and (7);
27.1414(b)(3), (b)(4)(i) and (iii), and
(c)(1) through (3) and (6) and (7);
27.1415; 27.1416(a); 27.1417; 27.1419;
27.1421; 27.1422(c); 27.1424; and
101.101, Note (2) constitute new or
modified collections subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. They will be
submitted to the Office of Management
and Budget (OMB) for review under
Section 3507(d) of the PRA. OMB, the
general public, and other Federal
agencies will be invited to comment on
the new or modified information
collection requirements contained in
this proceeding. In addition, the
Commission notes that, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), the Commission previously
sought, but did not receive, specific
comment on how the Commission might
further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
The Commission describes impacts that
might affect small businesses, which
includes more businesses with fewer
than 25 employees, in the Final
Regulatory Flexibility Analysis.
Congressional Review Act
The Commission will send a copy of
this Report & Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act. See 5 U.S.C. 801(a)(1)(A). In
addition, the Commission will send a
copy of the Report and Order and Order
of Proposed Modification, including this
FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the
Report and Order and Order of
Proposed Modification, and FRFA (or
summaries thereof) will also be
published in the Federal Register.
Synopsis
I. Introduction
1. In this Report and Order, the
Commission expands on its efforts to
close the digital divide and promote
U.S. leadership in the next generation of
wireless services, including 5G wireless
and other advanced spectrum-based
services, by reforming the use of the
3.7–4.2 GHz band, also known as the CBand. By repacking existing satellite
operations into the upper 200 megahertz
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of the band (and reserving a 20
megahertz guard band), the Commission
makes a significant amount of
spectrum—280 megahertz or more than
half of the band—available for flexible
use throughout the contiguous United
States, and does so in a manner that
ensures the continuous and
uninterrupted delivery of services
currently offered in the band. The
Commission will hold a public auction
to ensure that the public recovers a
substantial portion of the value of this
resource. And it schedules that auction
for later this year, with a robust
transition schedule to ensure that a
significant amount of spectrum is made
available quickly for upcoming 5G
deployments. This action is the next
critical step in advancing American
leadership in 5G and implementing the
Commission’s comprehensive strategy
to Facilitate America’s Superiority in 5G
Technology (the 5G FAST Plan).
II. Background
2. 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 reuse (as compared to low bands). With
the ever-increasing demand for more
data on mobile networks, wireless
network operators increasingly have
focused on adding data capacity. One
technique for adding capacity is to use
smaller cell sizes—i.e., have each base
station provide coverage over a smaller
area. Using mid-band frequencies can be
advantageous for deploying a higher
density of base stations. The decreased
propagation distances at these
frequencies reduce the interference
between base stations using the same
frequency, thereby allowing base
stations to be more densely packed and
increasing the overall system capacity.
Mid-band spectrum thus presents
wireless providers with the opportunity
to deploy base stations using smaller
cells to achieve higher spectrum reuse
than the lower frequency bands while
still providing indoor coverage. In
addition, mid-band spectrum offers
more favorable propagation
characteristics relative to higher bands
for fixed wireless broadband services in
less densely populated areas. Given
these characteristics, the Commission
expects mid-band spectrum to play a
prime role in next-generation wireless
services, including 5G.
3. For these same reasons, mid-band
spectrum was a key focus of Congress in
the Making Opportunities for
Broadband Investment and Limiting
Excessive and Needless Obstacles to
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Wireless Act (MOBILE NOW Act), when
it considered how to address the
pressing need for more spectrum for
wireless broadband. Specifically,
Section 605(b) of the MOBILE NOW Act
requires the Commission to evaluate
‘‘the feasibility of allowing commercial
wireless services, licensed or
unlicensed, to use or share use of the
frequencies between 3700 megahertz
and 4200 megahertz.’’ The MOBILE
NOW Act also requires that, no later
than December 31, 2022, the Secretary
of Commerce and the Commission
‘‘identify a total of at least 255
megahertz of Federal and non-Federal
spectrum for mobile and fixed wireless
broadband use.’’ In making 255
megahertz available, the MOBILE NOW
Act provides that 100 megahertz below
8 GHz shall be identified for unlicensed
use, 100 megahertz below 6 GHz shall
be identified for use on an exclusive,
flexible-use, licensed basis for
commercial mobile use, and 55
megahertz below 8 GHz shall be
identified for licensed, unlicensed, or a
combination of uses.
4. The United States is not alone in
recognizing the potential of mid-band
spectrum for 5G. International
governing bodies and several other
countries likewise are reviewing the
suitability of a number of frequency
bands for next generation 5G wireless
services, including the 3.7–4.2 GHz
bands. For example, the Radio Spectrum
Policy Group of the European
Commission issued a mandate to the
European Conference of Postal and
Telecommunications Administrations
(CEPT) that the 3.4–3.8 GHz band be the
first primary band for 5G, and CEPT
currently is developing a report that will
provide recommendations for updating
the European regulatory framework for
this band. A number of European
governments are taking actions to make
parts of the band available for 5G.
Germany intends to make the 3.4–3.8
GHz band available by the end of 2021.
In December 2019, France announced
the procedures for awarding licenses in
the 3.4–3.8 GHz band, which it
allocated as a ‘‘core’’ 5G band,
consistent with the European
Commission’s guidance. And the
Austrian government held its first
auction of 5G licenses in the 3.4–3.8
GHz band in the spring of 2019. There
is also significant interest in parts of the
band in Asia and in Australia. For
example, the Ministry of Internal Affairs
and Communications in Japan awarded
licenses in the 3.6–4.1 GHz band for 5G
in 2019. In August 2019, Australia
initiated an initial investigation of
possible arrangements for fixed and
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mobile broadband use in the 3.7–4.2
GHz band. And in November 2018, the
United Arab Emirates issued licenses in
the 3.3–3.8 GHz band for the
establishment of 5G networks.
A. Current Use of the 3.7–4.2 GHz Band
and Adjacent Bands
5. The 3.7–4.2 GHz band currently is
allocated in the United States
exclusively for non-Federal use on a
primary basis for Fixed Satellite Service
(FSS) and Fixed Service. For FSS, the
3.7–4.2 GHz band (space-to-Earth or
downlink) is paired with the 5.925–
6.425 GHz band (Earth-to-space or
uplink), and collectively these bands are
known as the ‘‘conventional C-band.’’
Domestically, space station operators
use the 3.7–4.2 GHz band to provide
downlink signals of various bandwidths
to licensed transmit-receive, registered
receive-only, and unregistered receiveonly earth stations throughout the
United States. FSS operators use this
band to deliver programming to
television and radio broadcasters
throughout the country and to provide
telephone and data services to
consumers. The 3.7–4.2 GHz band is
also used for reception of telemetry
signals transmitted from satellites to
earth stations, typically near the edges
of the band, i.e., at 3.7 GHz or 4.2 GHz.
6. Satellites operating in the C-band
typically have 24 transponders, each
with a bandwidth of 36 megahertz.
Thus, the 24 transponders on a satellite
use 864 megahertz of spectrum, or 364
megahertz more than the 500 megahertz
available. This is the result of spectrum
reuse—adjacent transponders overlap,
and self-interference is avoided by using
opposite polarizations. Under existing
rules, space station operators in the 3.7–
4.2 GHz band are authorized to use all
500 megahertz exclusively at any orbital
slot, but non-exclusively in terms of
geographic coverage. Therefore,
multiple FSS incumbents using
satellites deployed at different locations
in the geostationary orbit can transmit
within overlapping geographic
boundaries. Space stations that serve or
transmit signals into the U.S. market
may also be providing service to other
countries.
7. For the Fixed Service in the 3.7–4.2
GHz band, 20 megahertz paired
channels are assigned for point-to-point
common carrier or private operational
fixed microwave links. There are fewer
than 100 fixed service licensees
operating in the band.
8. Last year, in response to a Bureaulevel public notice, space station
operators and earth station owners filed
certifications and information regarding
their 3.7–4.2 GHz usage. Intelsat License
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LCC (Intelsat), SES Americom, Inc.
(SES), Eutelsat S.A. (Eutelsat) and
Telesat Canada, ABS Global (ABS),
Hispamar S.A. (Hispasat), and Star One
S.A. (Star One) provided specific
information on the existing C-band
downlink capacity and contracted use
for 66 satellites authorized to provide
service in the 3.7–4.2 GHz band to the
United States. In March 2019, the most
recent month of data collected, the
combined FSS downlink capacity and
usage of those 66 satellites was,
respectively, 59,427 megahertz and
33,138 megahertz in total with 19,961
megahertz of usage providing service to
the United States (i.e., 33.59% of the
total capacity of the 66 satellites).
Intelsat, SES, Eutelsat, Telesat Canada,
and Star One have publicly disclosed
the provision of service to registered
earth stations in the United States in the
3.7–4.2 GHz band.
9. The spectrum band immediately
below the 3.7–4.2 GHz band is already
authorized for commercial wireless
operations. In 2015, the Commission
established the Citizens Broadband
Radio Service in the 3.55–3.7 GHz band
for shared use between commercial
wireless operations and incumbent
operations—including military radar
systems, non-federal FSS earth stations,
and, for a limited time, grandfathered
wireless broadband licensees in the
3.65–3.7 GHz band. Under the
Commission’s rules, existing terrestrial
wireless operations in the 3.65–3.7 GHz
band are grandfathered for up to five
years or until the end of their license
term, whichever is longer. The Citizens
Broadband Radio Service is available for
flexible wireless use and will support
next generation wireless services,
including 5G. Spectrum at or below the
3.7 GHz band is also used for reception
of telemetry signals transmitted by
satellites. The band just above the 3.7–
4.2 GHz band—4.2–4.4 GHz—is
allocated for aeronautical
radionavigation using radio altimeters
in the United States. In 2015, the World
Radio Conference added a global coprimary allocation for wireless avionics
intra-communications systems. Radio
altimeters are critical aeronautical
safety-of-life systems primarily used at
altitudes under 2500 feet and must
operate without harmful interference.
Wireless Avionics IntraCommunications systems provide
communications over short distances
between points on a single aircraft and
are not intended to provide air-toground communications or
communications between two or more
aircraft.
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B. Procedural History
10. Mid-Band Notice of Inquiry.—In
the NOI, the Commission began an
evaluation of whether spectrum
between 3.7 GHz and 24 GHz could be
made available for flexible wireless use.
The NOI sought comment in particular
on three mid-range bands that
stakeholders had identified for
expanded flexible use (3.7–4.2 GHz,
5.925–6.425 GHz, and 6.425–7.125
GHz), and it asked commenters to
identify other mid-range frequencies
that may be suitable for expanded
flexible use. The Commission asked
questions specific to the challenges and
opportunities presented by each band.
For example, the Commission asked
commenters to identify options for more
intensive fixed and mobile use in the
3.7–4.2 GHz band, including whether
the band is desirable or suitable for
mobile use, whether the existing Fixed
Service rules should be modified to
support more flexible and intensive
fixed use, such as point-to-multipoint
services.
11. Freeze and Filing Window Public
Notices.—In April 2018, the Wireless
Telecommunications, International, and
Public Safety and Homeland Security
Bureaus announced a temporary freeze
on the filing of new or modified
applications for earth station licenses,
receive-only earth station registrations,
and fixed microwave licenses in the
3.7–4.2 GHz band, in order to preserve
the current landscape of authorized
operations in the band pending the
Commission’s consideration of the
issues raised in response to the NOI. In
June 2018, the International Bureau
established a window ending October
17, 2018 (later extended to October 31,
2018), for filing applications to license
or register existing earth stations in the
3.7–4.2 GHz frequency band as a limited
exception to the earth station
application freeze. Further, the
International Bureau announced a
temporary freeze on the filing of certain
space station applications, effective June
21, 2018.
12. Order and Notice of Proposed
Rulemaking.—In July 2018, the
Commission adopted an Order and
Notice of Proposed Rulemaking (83 FR
44128, Aug. 28, 2018) (Order and
NPRM) in this proceeding. To enable the
Commission to make an informed
decision about the proposals discussed
in the NPRM, the Order required certain
parties to file information about their
operations—including information on
the scope of current FSS use of the
band—and it noted that several of the
potential transition methods outlined in
the NPRM might require additional
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earth station or space station
information.
13. In the NPRM, the Commission
sought comment generally on the future
of incumbent use of the 3.7–4.2 GHz
band and specifically on how to define
the classes of incumbents, including
earth stations, space stations, and pointto-point FS. The Commission sought
comment on revising its part 25 rules to
limit eligibility to file applications for
earth station licenses or registrations to
incumbent earth stations, proposed to
update International Bureau Filing
System (IBFS) to remove 3.7–4.2 GHz
band earth station licenses or
registrations for which the licensee or
registrant did not file the certifications
required in the Order (to the extent they
were licensed or registered before April
19, 2018), and sought comment on how
to maintain the accuracy of IBFS data.
Regarding space stations, the
Commission proposed to revise its rules
to bar new applications for space station
licenses and new petitions for market
access concerning space-to-Earth
operations in the 3.7–4.2 GHz band.
Given the limited number of point-topoint Fixed Service licensees in the
band, the Commission proposed to
sunset point-to-point Fixed Service use
in the band, and it sought comment on
whether existing fixed links should be
grandfathered or transitioned out of the
band over some time period, after which
all licenses would either be cancelled or
modified to operate on a secondary,
non-interference basis.
14. The Commission also sought
comment on the current and future
economic value of FSS in the band, on
approaches for expanding flexible and
more intensive fixed use of the band
without causing harmful interference to
incumbent operations, and on proposals
to clear all or part of the band for
flexible use. More specifically, the
Commission sought comment on a
variety of approaches for expanding
flexible use in the 3.7–4.2 GHz band,
including market-based, auction-based,
hybrid, and other approaches to
repurpose some or all of the band. The
Commission also sought comment on
the appropriate band plan, as well as the
licensing, operating, and technical rules
for any new flexible use licenses in the
band. In response to the NPRM,
comments and reply comments were
due on October 29, 2018 and December
11, 2018, respectively.
15. May Public Notice.—On May 3,
2019, the International and Wireless
Telecommunications Bureaus issued a
public notice (84 FR 25514, June 3,
2019) (May 3 Public Notice) seeking
comment on positions taken by the CBand Alliance, the Small Satellite
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Operators, and T-Mobile. The May 3
Public Notice sought comment on the
enforceable interference protection
rights, if any, granted to space station
operators against co-primary terrestrial
operations and whether those rights
depend on the extent to which
incumbent earth stations receive their
transmissions within the United States.
The May 3 Public Notice also sought
comment on the enforceable
interference protection rights granted to
licensed or registered receive-only earth
station operators against co-primary
terrestrial operations and whether
registered receive-only earth station
operators are eligible as ‘‘licensee[s]’’
under Section 309(j)(8)(G), to
voluntarily relinquish their rights to
protection from harmful interference in
the reverse phase of an incentive
auction. The May 3 Public Notice also
asked whether the Commission had
authority to offer payments to such
earth stations to induce them to modify
or relocate their facilities. The May 3
Public Notice also sought comment on
the limits, if any, that Section 316 of the
Act places on the proposals raised by
the Commission in the NPRM or by the
commenters in this docket and on
obligations, if any, that Section 316 of
the Act places on the Commission visa`-vis licensed or registered receive-only
earth station operators.
16. July Public Notice.—On July 19,
2019, the Wireless Telecommunications
Bureau, International Bureau, Office of
Engineering and Technology, and Office
of Economics and Analytics issued a
public notice (84 FR 35365, July 23,
2019) (July 19 Public Notice) seeking
comment on filings by: (1) ACA
Connects—America’s Communications
Association, the Competitive Carriers
Association, Charter Communications,
Inc. (ACA Connects Coalition); (2)
AT&T; and (3) the Wireless internet
Service Providers Association, Google,
and Microsoft (WISPA plan). In
particular, the July 19 Public Notice
sought comment on ways to increase the
efficient shared use of the C-band
through the submitted plans, the
viability of ACA Connects Coalition’s
plan to move all video programming to
fiber, and the viability of fiber generally.
III. Report and Order
17. The Commission believes C-band
spectrum for terrestrial wireless uses
will play a significant role in bringing
next-generation services like 5G to the
American public and assuring American
leadership in the 5G ecosystem. The
Commission takes action to make this
valuable spectrum resource available for
new terrestrial wireless uses as quickly
as possible, while also preserving the
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continued operation of existing FSS
services during and after the transition.
The record in this proceeding makes
clear that licensing mid-band spectrum
for flexible use will lead to substantial
economic gains, with some economists
estimating billions of dollars in
increases on spending, new jobs, and
America’s economy. At the same time,
the Commission also recognizes the
significant benefit to consumers
provided by incumbent FSS services
throughout the United States. Because
the Commission finds that incumbent
space station operators will be able to
maintain the same services in the upper
200 megahertz as they are currently
providing across the full 500 megahertz
of C-band spectrum, the rules adopted
in this Report and Order will benefit the
American public by simultaneously
preserving existing FSS services and
making way for the provision of nextgeneration wireless services throughout
the contiguous United States.
18. In this Report and Order, the
Commission concludes that a public
auction of the lower 280 megahertz of
the C-band will best carry out the
Commission’s goals, and it adds a
mobile allocation to the 3.7–4.0 GHz
band so that next-generation services
like 5G can use the band. Relying on the
Emerging Technologies framework, the
Commission adopts a process to relocate
FSS operations into the upper 200
megahertz of the band, while fully
reimbursing existing operators for the
costs of this relocation and offering
accelerated relocation payments to
encourage a speedy transition. The
Commission also adopts service and
technical rules for overlay licensees in
the 280 megahertz of spectrum
designated for transition to flexible use.
A. Public Auction of 280 Megahertz of
C-Band Spectrum for Flexible Use
19. After review of the extensive
record in this proceeding, the
Commission adopts a traditional
Commission-administered public
auction of overlay licenses in the 280
megahertz of C-band spectrum made
available for flexible use. The
Commission adopts this approach
because it will rapidly and effectively
repurpose this band for new wireless
terrestrial uses, rely on established
mechanisms for putting this valuable
spectrum to its highest valued use
pursuant to statutory criteria designed
to promote competition and other
important public interest goals, and
provide reasonable accommodations to
eligible space station operators and
incumbent earth stations. The
advantages of the public auction include
making a significant amount of 3.7–4.2
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GHz band spectrum available quickly
for flexible-use licenses and adopting a
transition period that aligns
stakeholders’ incentives, particularly
those of incumbent FSS operators, so as
to achieve an expeditious transition,
while ensuring effective accommodation
of relocated incumbent users.
20. In the NPRM, the Commission
sought comment on a variety of marketbased mechanisms for expanding
flexible use in the 3.7–4.2 GHz band,
including a private sale approach,
auction mechanisms, and other hybrid
approaches that combined elements of
various mechanisms. For the private
sale approach, the NPRM sought
comment on a process whereby the
satellite industry voluntarily would
negotiate with any interested terrestrial
operators for the sale of the space
station operators’ rights in the band and
then would clear the negotiated-for
spectrum and make it available for
flexible use while ensuring
uninterrupted incumbent earth station
operations through a variety of potential
means. With respect to more traditional,
Commission-led transition mechanisms,
the NPRM sought comment on various
auction approaches, such as an overlay,
incentive, and capacity auctions,
including transition mechanisms used
in prior proceedings. The May 3 Public
Notice sought additional comment on
the Commission’s authority under the
Act as well as approaches raised by the
C-Band Alliance and T-Mobile. And the
July 19 Public Notice sought additional
comment on a public auction approach
advocated by ACA Connects (the ACA
Plan), among other issues. Under each
of these approaches, the Commission
sought comment on how to ensure that
incumbent C-band users are effectively
transitioned out of the spectrum made
available for flexible-use and on
whether to provide reimbursement to
incumbent space station operators for
the costs of transitioning their services.
21. The Commission adopts a
traditional Commission-administered
public auction of overlay licenses to
make the C-band spectrum available
expeditiously for next-generation
terrestrial wireless use. With overlay
licenses, the licensees obtain the rights
to geographic area licenses ‘‘overlaid’’
on top of the incumbent licensees,
meaning that they may operate
anywhere within its geographic area,
subject to protecting the operations of
incumbent licensees. The Commission
has offered two basic forms of overlay
licenses: One that grandfathers legacy
incumbents and allows their voluntary
relocation, and another that makes
relocation of incumbents to comparable
facilities mandatory. The Commission
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adopts the latter approach—assigning
overlay licenses via public auction with
rules for clearing the band for flexible
use and holding incumbents harmless—
for several reasons.
22. First, the Commission finds that a
public auction of flexible-use licenses—
conditioned upon relocation of
incumbent operations—will best ensure
fairness and competition in the
allocation of these new flexible-use
licenses. The Commission has a long
and successful history conducting
public auctions of spectrum and has
well-established oversight processes
designed to promote transparency and
ensure that valuable public spectrum
resources are put to their highest and
best use, while also promoting other
public interest goals articulated in
Section 309(j) of the Act. In more recent
years, public auctions of new flexibleuse rights have played a pivotal role in
transitioning existing bands and making
spectrum available for new uses.
Importantly, the Commission carefully
designs each auction to include
transparent procedures that promote
fair-market pricing and robust
participation from a diverse group of
bidders. Commission control and
oversight of the auction of new flexibleuse licenses in the 3.7–3.98 GHz band
will ensure that a wide range of
interested parties have fair and equal
access to new spectrum rights that will
be vital to the introduction of nextgeneration wireless services.
23. Second, a public auction will
maintain the Commission’s ability to
ensure that incumbent space station
operators and earth station owners are
able to provide and receive the services
and content that they currently provide
and receive both during and after
mandatory relocation. The safeguards
the Commission adopts in conjunction
with a public auction ensure that the
clearing process is both equitable and
transparent and that it provides
customers of these incumbent C-band
providers assurance that they will
continue to be able to receive C-band
services during and after the transition.
In addition to licensing and technical
rules designed to promote harmony
between existing C-band services and
new flexible uses in the band, the
Commission adopts rules for the
transition process to ensure that all
relevant stakeholders have access to
information regarding the necessary
steps, costs, respective obligations of
each party, and overall timeline for
transitioning existing C-band services to
the upper 200 megahertz of the band.
The Commission’s experience in
overseeing other complicated, multistakeholder transitions of diverse
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incumbents demonstrates the need for
Commission rules and oversight of the
transition process to mitigate disputes
among stakeholders, expedite the
clearing process, and ensure all affected
parties receive what they are entitled to
in a timely manner.
24. Third, the Commission finds that
its authority to hold such an auction is
firmly established. Section 309 governs
the Commission’s process for granting
licenses under Title III, and it expressly
grants the Commission authority to hold
an auction where mutually exclusive
applications are accepted for initial
spectrum licenses. The Commission has
used an auction of overlay licenses on
a number of occasions to repurpose
spectrum for a new service, by requiring
incoming licensees to clear the band
(typically by funding the relocation of
incumbent licensees) in order to fully
deploy the new service in a manner that
meets the goals and requirements that
the Commission had established under
Section 303 for providing that service.
Since 1992, the Commission has also
adopted a series of rules to enable new
licensees to enter into voluntary or
mandatory negotiations with incumbent
operators to clear a spectrum band after
which, failing an agreement, the new
entrant could involuntarily clear
incumbent operations by expressing its
intent to commence operations in that
band and paying for all reasonable
relocation costs. Courts repeatedly have
approved the Commission’s use of this
authority as a means of introducing new
services and ensuring that displaced
incumbents are placed in positions
comparable to those that they had
occupied prior to displacement. In light
of this well-established precedent and
the Commission’s repeated success in
conducting such auctions in a manner
that promotes the public interest,
convenience, and necessity, the
Commission finds that it has ample
legal authority to employ an auction of
overlay licenses as a means of
introducing new flexible uses in the Cband.
25. Fourth, the Commission finds that
holding a public auction will ensure
this spectrum gets put to its highest,
best use quickly. In formulating the
transition process and rules adopted in
this Report and Order, stakeholders
have repeatedly emphasized the need to
make C-band spectrum available for
flexible use as quickly as possible, with
the goal of conducting an auction of
overlay licenses in the 3.7–3.98 GHz
band by the end of 2020. Indeed, by
seeking comment, in a separate public
notice, on procedures for an auction of
3.7 GHz Service licenses concurrently
with this Report and Order, the
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Commission immediately initiates the
necessary Commission processes to
prepare for an auction. Notably, while
satisfying the administrative procedures
and requirements associated with a
Commission-administered auction, the
timelines adopted in this Report and
Order result in spectrum being made
available for flexible use at least as
quickly as any of the other transition
mechanisms proposed in this
proceeding.
26. The Commission’s decision to
hold a public auction has overwhelming
support in the record. A range of
commenters with diverse interests
support Commission-led auction
approaches—including those involving
spectrum clearing and geographic
clearing—and they emphasize the
importance, regardless of the chosen
transition approach, that the
Commission maintain oversight
throughout the transition process.
Several commenters support a
traditional forward auction, using a
standard clock auction format such as
that used in Auction 102 for the 24 GHz
band. Many commenters that support a
public auction of flexible-use licenses in
a portion of the 3.7–4.2 GHz band
emphasize that the approach must also
include a condition on the licenses
requiring new flexible-use licensees to
reimburse incumbent C-band users for
their relocation costs. Certain parties
that originally advocated for alternate
transition mechanisms in this
proceeding have come to support a
public auction of overlay licenses as an
effective approach to repurposing Cband spectrum for flexible use.
27. Next, the Commission designates
280 megahertz of C-band spectrum (3.7–
3.98 GHz) throughout the contiguous
United States to be cleared for auction
plus another 20 megahertz (3.98–4.0
GHz) to be cleared to serve as a guard
band. Given the high demand for midband spectrum, the Commission in the
NPRM sought comment on whether to
set a ‘‘socially efficient amount of [Cband] spectrum’’ for repurposing in
order to ensure this valuable spectrum
is put to its highest and best use.
28. The Commission finds that
clearing the lower 280 megahertz (plus
a 20 megahertz guard band) of the Cband strikes the appropriate balance
between making available as much
spectrum as possible for terrestrial use
in a short timeframe and ensuring
sufficient spectrum remains to support
and protect incumbent uses. In
particular, the Commission finds that
making 280 megahertz available for
flexible use is sufficiently large to spur
necessary investment in equipment and
network deployment resources for next-
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generation wireless services in this
band. Numerous commenters support
clearing 280 megahertz or more to
support terrestrial 5G use.
29. The Commission’s approach will
permit all incumbents to maintain
comparable service for existing
customers and to obtain future
customers in the upper part of the band,
while making more efficient use of the
band as a whole. C-band space station
operators that currently are serving U.S.
customers are in a unique position to
quickly clear a significant portion of this
band spectrally by transitioning their
services to the upper portion of the
band. Through a process of ‘‘satellite
grooming,’’ each satellite company can
use their internal fleet management
resources to determine the most
efficient way to migrate customers to the
upper portion of the band, including in
some instances by migrating customers
to transponders on a different space
station operator’s fleet. The record
adequately demonstrates the satellite
industry’s ability to clear 280 megahertz
for public auction, along with a 20
megahertz guard band, while also
ensuring that its customers and
incumbent earth station operators are
adequately transitioned and able to
continue operations without
interruption. Furthermore, the rules
adopted in this Report and Order will
ensure that incumbent operations are
adequately accommodated and can
continue to make use of existing
satellite services, while incurring no
significant transition costs. The
Commission therefore finds that an
auction of the lower 280 megahertz of Cband spectrum across the contiguous
United States will best advance the
Commission’s goal of ensuring the
United States’ leadership in 5G
deployment and service offerings
without compromising the continued
operation of existing C-band services.
30. The Commission’s decision to
hold a public auction of overlay licenses
to operate in the 3.7–3.98 GHz band is
the result of careful review of the
extensive record in this proceeding,
which included transition mechanism
proposals submitted by a variety
interested parties across stakeholder
groups.
31. C-Band Alliance.—The
Commission declines to adopt the CBand Alliance proposal for a private
sale approach led by incumbent C-band
space station operators. The
Commission finds that, relative to the CBand Alliance proposal, the use of a
public auction will provide a greater
benefit to potential bidders, ensure
Commission oversight and protect the
interests of displaced incumbent C-band
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users, promote a rapid transition, and be
more firmly grounded in established
legal authority. First, the C-Band
Alliance proposal would place the
licensee selection process for an entire
band of newly configured spectrum into
private hands by vesting private entities
with the exclusive ability to allocate
new terrestrial rights to valuable C-band
spectrum through privately negotiated
sales that would not be subject to any
of the procedural protections or public
interest requirements that Commissionled auctions are designed to promote.
Such an approach lacks the
transparency and procompetitive
features of a public auction and would
provide bidders with less certainty
about fair and equal access to new
flexible-use licenses. In contrast to a
private sale conducted by private
entities whose primary incentive would
be to maximize profits, a Commissionled auction will be driven by broader
public interests, including robust
participation by a diverse group of
bidders, competitive pricing, and
transparent allocation of this valuable
public resource.
32. Second, Commission oversight of
the public auction and issuance of
flexible-use licenses conditioned upon
relocation of incumbent operations will
more effectively ensure that all
incumbent C-band users are made
whole upon completion of the
transition. The C-Band Alliance’s
proposal would give certain incumbent
space station operators substantial
discretion to decide whether and to
what extent all affected C-band users
should be accommodated in the
transition and compensated for their
relocation costs. This responsibility is
directly at odds with space station
operators’ fiduciary duties to their
shareholders to maximize the retained
profits from the private sale. In contrast,
Commission oversight of a public
auction and the transition process will
be specifically designed to ensure that
incumbent C-band users are able to
maintain their existing services and are
reimbursed for all reasonable costs
associated with the transition.
33. Third, the Commission believes
that a public auction of overlay licenses
will make spectrum available for
flexible-use just as fast as a private sale
approach. Indeed, the Commission
plans to hold the public auction this
year—just as the C-Band Alliance had
proposed for its private sale—and the
Commission incorporates aspects of
their proposed transition process and
deadlines into this Report and Order.
The Commission disagrees with the CBand Alliance argument that any
Commission-led auction mechanism
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22809
would fail to overcome the holdout
problem due to non-exclusive
incumbent rights in the band and would
require significant Commission
intervention that would delay the
auction approach relative to a marketbased approach. Despite its initial claim
that its private sale proposal would
solve the holdout problem by
incentivizing incumbent space station
operators to cooperate in the transition
and collectively sell their shared
spectrum rights to new flexible-use
licensees, only three incumbent C-band
space station operators are members of
the C-Band Alliance and have fully
supported the C-Band Alliance’s
proposal. Unless the Commission were
to adopt rules granting the C-Band
Alliance exclusive authority to lead the
transition and compelling non-member
space station operators to cooperate
with the C-Band Alliance’s approach,
there would be a potential, and indeed
likely, holdout problem that could
undermine the success of such a
transition. The Commission believes
such exclusive authority would raise
significant competitive concerns in the
absence of unanimity among incumbent
space station operators. In other words,
due to the existing licensing regime in
this band, the potential holdout problem
needs to be addressed regardless of
whether the Commission adopts a
public auction or private sale approach.
The rules adopted in this Report and
Order are specifically designed to
reduce the risk of potential holdouts by
aligning the incentives of all relevant Cband space station operators with the
Commission’s goals of rapid
introduction of C-band spectrum into
the marketplace, and the Commission
finds that its public auction approach
will provide for rapid clearing upon
final action in this proceeding.
34. Finally, the Commission finds that
a public auction is more consistent with
the Commission’s long-standing legal
authority to manage spectrum in the
public interest than a private sale
conducted by incumbent space station
operators. In contrast to the
Commission’s well-established
authority to conduct auctions of overlay
licenses conditioned upon the
relocation of incumbent users, the CBand Alliance proposal would require
an unprecedented grant of authority to
private entities to negotiate with new
entrants for the conveyance of
spectrum-use rights that FSS licensees
do not currently have. While the
Commission has previously modified
the existing licenses of incumbents to
assign new license rights without
creating a mechanism to allow for the
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filing of mutually exclusive
applications, such modifications were
adopted in order to authorize the
incumbent licensees to provide new or
additional services. Under the C-Band
Alliance proposal, the Commission
would be granting incumbent space
station operators new flexible-use rights
solely for the purpose of allowing the
incumbents to sell those rights on the
secondary market, without actually
requiring them to meet any buildout
requirements or initiate terrestrial
service. Indeed, given the full band, full
arc nature of FSS licenses, incumbent
space station operators could not
provide terrestrial mobile services
without causing interference to existing
C-band satellite services.
35. T-Mobile Proposal.—The
Commission declines to adopt TMobile’s proposal of an incentive
auction and modified proposal of a
more traditional forward auction of
flexible-use licenses. First, T-Mobile’s
proposal exceeds our incentive auction
authority. Section 309(j)(8)(G) restricts
our use of incentive auctions so that
only ‘‘licensees’’ may voluntarily
relinquish licensed ‘‘spectrum usage
rights’’ in exchange for accelerated
relocation payments. Unlike the
incumbent space station operators, earth
station registrants are not licensees. The
Communications Act defines the term
‘‘license’’ narrowly 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.’’ Since
1979 the Commission has found that
licensing receive-only earth stations was
not required by the Communications
Act because, by definition, such earth
stations do not transmit energy,
communications, or signals by radio,
and since 1991 receive-only earth
stations have not been eligible to apply
for a Commission license. While some
receive-only earth stations in the C-band
are licensed to transmit in another band
(i.e., licensed transmit-receive earth
stations), that license to transmit does
not provide the earth station operator
with the right to transmit in the C-band,
where they hold no ‘‘licensed spectrum
usage rights.’’ Because receive-only
earth stations are (and must be)
unlicensed and have no ‘‘transmission’’
authority, earth station registrants may
not participate in the supply-side of an
incentive auction.
36. Second, because FSS licensees in
the C-band share the same nonexclusive rights to transmit nationwide,
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across the full 500 megahertz, their
license rights are not substitutes such
that they could compete against one
another in a reverse auction to forfeit
those rights; all incumbent space station
operators would need to clear their
existing services from a portion of the
band in order to make that spectrum
available for flexible use. Section
309(j)(8)(G) specifically requires that, in
order for the Commission to hold an
incentive auction, ‘‘at least two
competing licensees participate in the
reverse auction.’’ Because incumbent Cband space station operators are not
competing licensees that could bid
against one another in a reverse auction,
T-Mobile’s proposal would be an
unlawful exercise of the Commission’s
incentive auction authority.
37. Third, the incentive auction
would result in a patchwork of
spectrum and geographic areas being
made available for flexible use, rather
than a uniform block of spectrum being
cleared throughout the contiguous
United States. T-Mobile’s proposal
would allow incumbent earth station
owners to agree to clear geographically,
for example by switching existing Cband services to fiber. This would likely
result in a disproportionate amount of
C-band spectrum being made available
in urban areas, where the demand for Cband spectrum is higher and the costs
of transitioning to alternative transition
mechanisms is lower than in rural areas.
The Commission therefore finds that TMobile’s proposal would undermine the
Commission’s stated goals for this
proceeding to close the digital divide
and promote the introduction of nextgeneration wireless services in all
communities, both rural and urban,
throughout the contiguous United
States.
38. Because our public auction of
overlay licenses provides a
Commission-led auction mechanism to
make 280 megahertz available for
flexible use throughout the contiguous
United States and compensate
incumbent C-band users for their
relocation costs, the Commission finds
that it captures all the benefits of TMobile’s proposal while avoiding the
legal and practical complications of an
incentive auction in this band. Indeed,
T-Mobile now agrees that a traditional
forward auction of overlay licenses will
be a more straight-forward approach to
implement than the incentive auction it
originally proposed.
39. ACA Connects Coalition
Proposal.—The Commission declines to
adopt the ACA Connects Coalition
proposal to transition MVPD earth
stations to fiber and repack remaining
earth station users into the upper
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portion of the band. First, while the
ACA Connects Coalition proposes a
public auction to award new terrestrial
flexible-use licenses and assign
obligations for transition costs, it does
not provide potential bidders with the
same certainty as the public auction of
overlay licenses adopted here.
Importantly, the ACA Connects
Coalition suggests that programmers,
MVPDs, and C-band service providers
would negotiate contracts and develop
plans for the transition ‘‘in the period
between an FCC decision and the
completion of an auction.’’ However,
such private contract negotiations
would involve decisions—such as how
much spectrum will be made available,
in which geographic areas, and on what
timeline—that would be crucial for
potential bidders to understand in
advance of the auction. It is unclear
from the ACA Connects Coalition
proposal when these decisions would be
made and how that information would
be conveyed to potential bidders such
that they could make informed
decisions about the spectrum band and
geographic areas they would compete
for at auction. The Commission finds
that its public auction of overlay
licenses will provide bidders with more
certainty by designating a uniform block
of 280 megahertz that will be made
available for flexible use throughout the
contiguous United States.
40. Second, the Commission finds
that its approach will more effectively
ensure that all incumbent C-band users
are adequately transitioned and able to
continue receiving C-band services after
the introduction of new terrestrial
wireless operations in the 3.7 GHz
Service. The Commission agrees with
those commenters who point out that
the ACA Connects Coalition proposal
lacks important implementation details,
such as how to manage the transition of
a wide variety of stakeholders,
including the design, testing,
construction, and integration of
nationwide fiber networks and the
necessary provisions for maintaining
fiber operations in the future. In contrast
to the ACA Connects Coalition proposal,
the approach the Commission adopts
here ensures that incumbent earth
station owners will be effectively
transitioned and will be able to receive
the same C-band services after the
transition as they do today.
41. Third, the Commission finds that
the ACA Connects Coalition proposal is
likely to underestimate the complexities
and costs of transitioning from C-band
satellite spectrum to fiber and would be
unlikely to facilitate more rapid and
extensive deployment of terrestrial
wireless services than the approach the
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Commission adopts in this Report and
Order. The ACA Connects Coalition
proposes that clearing would be
conducted on a market-by-market basis,
which would have ‘‘some urban
markets’’ available for flexible-use in
approximately 30 months, the ‘‘majority
of remaining markets’’ in three years,
and the last, ‘‘hard-to-build areas’’ in
five years. The Commission shares the
concerns of many commenters who
doubt that the ACA Connects Coalition
proposal could be completed by those
timelines. The Commission finds that its
approach minimizes the costs,
complexities, and risks of delay
inherent in the ACA Connects Coalition
proposal and is therefore more likely to
clear a substantial amount of C-band
spectrum in a faster timeframe via a
more efficient mechanism.
42. Fourth, the Commission finds that
the approach adopted in this Report and
Order is more consistent with the
Commission’s legal authority to manage
spectrum and conduct auctions in the
public interest than the ACA Connects
Coalition proposal. Section 309(j) of the
Act requires that all proceeds from the
use of a competitive bidding system
must be deposited in the U.S. Treasury.
The ACA Connects Coalition proposal
that the Commission retain a portion of
the revenues from a traditional forward
auction to cover the C-band incumbents’
relocation costs would therefore violate
the provisions of Section 309(j). There is
an exception to this rule where the
Commission exercises its incentive
auction authority to incentivize
incumbent licensees to relinquish their
spectrum usage rights in exchange for a
share of the auctions proceeds.
However, because space station
operators have non-exclusive rights the
full C-band nationwide, an incentive
auction in this band would fail to satisfy
the Section 309(j)(8)(G) requirement that
at least two competing licensees must
participate in the reverse auction. The
Commission therefore finds that the
ACA Connects Coalition proposal
would be an unlawful exercise of the
Commission’s incentive auction
authority.
1. Allocation of the 3.7–4.2 GHz Band
43. The Commission adopts rules to
add a primary non-Federal mobile,
except aeronautical mobile, allocation to
the 3.7–4.0 GHz band nationwide. In the
United States, that band currently has
exclusive non-Federal allocations for
FSS and Fixed Service. In addition, the
International Table of Frequency
Allocations also has a mobile allocation
worldwide in the band, with the
limitation that in the Americas,
Southeast Asia, Australia, and New
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Zealand, the mobile allocation excludes
aeronautical mobile.
44. As the Commission noted in the
NPRM, Section 303(y) provides the
Commission with authority to provide
for flexibility of use if: ‘‘(1) Such use is
consistent with international
agreements to which the United States
is a party; and (2) the Commission finds,
after notice and opportunity for public
comment, that (A) such an allocation
would be in the public interest; (B) such
use would not deter investment in
communications services and systems,
or technology development; and (C)
such use would not result in harmful
interference among users.’’ Adopting a
primary non-Federal mobile, except
aeronautical mobile, allocation to the
3.7–4.0 GHz band and revising the FSS
allocation within the contiguous United
States will foster more efficient and
intensive use of mid-band spectrum to
facilitate and incentivize investment in
next generation wireless services. Midband spectrum is important for next
generation wireless broadband service
due to its favorable propagation and
capacity characteristics. Allocating the
3.7–4.0 GHz band nationwide for mobile
services also meets the Commission’s
mandate under the MOBILE NOW Act
to identify spectrum for mobile and
fixed wireless broadband use. In
addition, adopting this allocation will
harmonize the Commission’s allocations
for the 3.7–4.0 GHz band with
international allocations. Adding a
primary mobile service allocation will
provide the ability to make as much
mid-band spectrum available as
possible, which will help to ensure the
nation’s success in deploying the next
generation of wireless services. Finally,
because we adopt rules designating
3.98–4.0 GHz as a guard band and
requiring FSS and Fixed Service
licensees to transition their services to
the upper portion of the band and to
other bands, respectively, the
introduction of mobile use will not
result in harmful interference among
users of the 3.7–4.2 GHz band.
45. The Commission also removes the
FSS allocation within the contiguous
United States in the 3.7–4.0 GHz band.
To allow for flexible use of the 3.7–3.98
GHz band within the contiguous United
States and for fixed use outside of the
contiguous United States, the
Commission leaves in place the existing
Fixed Service allocation to the 3.7–4.2
GHz band while sunsetting the existing
licenses for point-to-point operations
within the contiguous United States.
Authorizations for FSS and Fixed
Service operations outside of the
contiguous United States may continue
to operate in the entire 3.7–4.2 GHz
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band. The Commission excludes
locations outside of the contiguous
United States from the public auction
and relocation. Locations outside of the
contiguous United States have a greater
need for C-band services, particularly
for the provision of services necessary
for the protection of life and property—
including telehealth, E911, and
education services. The Commission
agrees that Alaska, Hawaii, and the U.S.
territories should be excluded from any
reallocation and repurposing to
terrestrial use because C-band service is
often the only option available to reach
remote villages to provide basic
telephone service, E911, and broadband
service used to support applications
such as telehealth and distance learning.
As a result, we believe it is appropriate
to retain the FSS allocation across the
3.7–4.2 GHz band outside the
contiguous United States.
46. The Commission also modifies
footnote NG457A which describes the
status of earth stations on vessels in 3.7–
4.2 GHz to be consistent with its new
band plan. NG457A will now provide
that incumbent licensees may continue
to provide service to earth stations on
vessels on an unprotected basis vis-a`-vis
both fixed service operations and the
new mobile services. In addition,
NG457A will now limit the band where
ESVs may be coordinated for up to 180
days to 4.0–4.2 GHz rather than 3.7–4.2
GHz as in the existing footnote because
FSS will no longer have primary status
below 4 GHz. These changes are
necessary because of the addition of
mobile services and the deletion of FSS
in the 3.7–4.0 GHz band. While these
changes to NG457A were not
specifically proposed in the NRPM, they
logically follow from the allocation
changes that were proposed because
earth stations on vessels are an
application of the FSS and we proposed
to remove FSS from some or all of the
band in the NPRM.
47. The Commission’s plan will
ensure that content that FSS now
delivers to incumbent earth stations will
continue uninterrupted as an essential
element of the transition mechanism.
Although the Commission allocates the
3.98–4.0 GHz band to mobile services,
except aeronautical, for flexible use, the
Commission declines at this time to
establish service rules for that band.
Instead, it will function as a guard band
to protect earth station registrants from
harmful interference both during and
after the transition. The Commission
also declines to add a mobile allocation
to the 4.0–4.2 GHz band reserved for
primary FSS use at this time, as doing
so could undermine investment in
content distribution. Figures 1 and 2
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below demonstrate the post-transition
allocation and uses of the band in the
contiguous United States and in the rest
of the United States, respectively.
Figure 1: Post-Transition 3.7-4.2 GHz Band Allocations in the Contiguous United States
3.7GHz
4.0GHz
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2. Competitive Bidding Rules
48. The Communications Act requires
that the Commission resolve any
mutually exclusive applications for new
flexible-use licenses in this band
through a system of competitive
bidding. In the NPRM, the Commission
sought comment on our proposal to
conduct any auction for licenses in this
band in conformity with the general
competitive bidding rules set forth in
part 1, subpart Q, of the Commission’s
rules. The Commission specifically
proposed to employ part 1 rules
governing competitive bidding design,
application and certification
procedures, reporting requirements, the
prohibition on certain communications
regarding the auction, and designated
entity preferences and unjust
enrichment. These competitive bidding
rules provide a framework for the
auction process. More detailed, auctionspecific procedures will be addressed in
the separate pre-auction process.
49. Given the record and the
Commission’s experience in
successfully conducting auctions
pursuant to the part 1 rules, the
Commission adopts its proposal to
employ those rules when developing the
auction for new licenses in this band.
Should the Commission subsequently
modify its general competitive bidding
rules, the modifications would apply as
well.
50. We note that Section 647 of the
Open-market Reorganization for the
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Betterment of International
Telecommunications Act (ORBIT Act)
prohibits the Commission from
assigning by competitive bidding either
orbital locations or spectrum used for
the provision of international or global
satellite communications services. In
the NPRM, the Commission tentatively
concluded that the ORBIT Act
prohibition would not apply here, since
any auctioned spectrum would be used
for a new domestic terrestrial service,
and the auction mechanisms would not
be used to assign by competitive
bidding orbital locations or spectrum
used for the provision of international
or global satellite communications
services.
51. The Commission affirms its
tentative conclusion. Based on the
record and consistent with precedent on
this issue, the Commission finds that
Section 647 of the ORBIT Act does not
prohibit it from assigning terrestrial
licenses in this band through a system
of competitive bidding.
a. Designated Entity Provisions
52. In the NPRM, the Commission
sought comment on a proposal for
bidding credits to be offered to
designated entities when conducting an
auction of new licenses in this band. In
authorizing the Commission to use
competitive bidding, Congress
mandated that the Commission ‘‘ensure
that small businesses, rural telephone
companies, and businesses owned by
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4.2GHz
members of minority groups and women
are given the opportunity to participate
in the provision of spectrum-based
services.’’ Based on the its prior
experience with the use of bidding
credits in spectrum auctions, the
Commission finds that using bidding
credits is an effective tool to achieve the
statutory objective of promoting
participation of designated entities in
the provision of spectrum-based service.
53. Small Businesses.—One way the
Commission fulfills this mandate is
through the award of bidding credits to
small businesses. In the Competitive
Bidding Second Memorandum Opinion
and Order, the Commission stated that
it would define eligibility requirements
for small businesses on a servicespecific basis, taking into account the
capital requirements and other
characteristics of each particular service
in establishing the appropriate
threshold. Further, in the Part 1 Third
Report and Order and the more recent
Competitive Bidding Update Report and
Order (81 FR 43523, July 5, 2016), the
Commission, while standardizing many
auction rules, determined that it would
continue a service-by-service approach
to defining small businesses. In the
NPRM, the Commission sought
comment on whether to adopt bidding
credits for the two larger designated
entity business sizes provided in the
part 1 rules.
54. In adopting competitive bidding
rules for other spectrum bands that will
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be used as part of 5G services, the
Commission included provisions for
designated entities to promote
opportunities for small businesses, rural
telephone companies, and businesses
owned by members of minority groups
and women to participate in the
provision of spectrum-based services.
For example, the Commission adopted
two small business definitions for the
auction of licenses in the Upper
Microwave Flexible Use Service (39
GHz band). These two small business
definitions are the highest two of three
thresholds in the Commission’s
standardized schedule of bidding
credits.
55. The Commission adopts its
proposal to apply the two small
business definitions with higher gross
revenues thresholds to auctions of
overlay licenses in the 3.7–3.98 GHz
band. Accordingly, an entity with
average annual gross revenues for the
relevant preceding period not exceeding
$55 million will qualify as a ‘‘small
business,’’ while an entity with average
annual gross revenues for the relevant
preceding period not exceeding $20
million will qualify as a ‘‘very small
business.’’ Since their adoption in 2015,
the Commission has used these gross
revenue thresholds in auctions for
licenses likely to be used to provide 5G
services in a variety of bands. The
results in these auctions indicate that
these gross revenue thresholds have
provided an opportunity for bidders
claiming eligibility as small businesses
to win licenses to provide spectrumbased services at auction. These
thresholds do not appear to be overly
inclusive as a substantial number of
qualified bidders in these auctions do
not come within the thresholds. This
helps preclude designated entity
benefits from flowing to entities for
which such credits are not necessary.
56. The Commission also adopts its
proposal to provide qualifying ‘‘small
businesses’’ with a bidding credit of
15% and qualifying ‘‘very small
businesses’’ with a bidding credit of
25%, consistent with the standardized
schedule in part 1 of the Commission’s
rules. This proposal was modeled on the
small business size standards and
associated bidding credits that the
Commission adopted for a range of other
services. The Commission believes that
this two-tiered approach has been
successful in the past, and it will
employ it once again. The Commission
believes that use of the small business
tiers and associated bidding credits set
forth in the part 1 bidding credit
schedule will provide consistency and
predictability for small businesses. No
commenter provides any alternative or
reason why the bidding credit
thresholds or small business definitions
that the Commission adopts would not
work in this service.
57. Rural Service Providers.—In the
NPRM, the Commission also sought
comment on a proposal to offer a
bidding credit for rural service
providers. The rural service provider
bidding credit awards a 15% bidding
credit to those that service
predominantly rural areas and that have
fewer than 250,000 combined wireless,
wireline, broadband and cable
subscribers. As a general matter, the
Commission ‘‘has made closing the
digital divide between Americans with,
and without, access to modern
broadband networks its top priority . . .
[and is] committed to ensuring that all
Americans, including those in rural
areas, Tribal lands, and disaster-affected
areas, have the benefits of a high-speed
broadband connection.’’
58. The Commission finds that a
targeted bidding credit will better
enable entities already providing rural
service to compete for spectrum licenses
at auction and in doing so, will increase
the availability of 5G service in rural
areas. Accordingly, the Commission will
apply the rural service provider bidding
credit to auctioning new licenses in this
band.
3. Licensing and Operating Rules
61. In the NPRM, the Commission
sought comment on whether 20
megahertz blocks would be appropriate
for the wireless technologies that are
likely to be deployed in this band. The
Commission sought comment on the
appropriate block size that would
accommodate a wide range of terrestrial
wireless services, while also providing
sufficient bandwidth to support 5G
services. Commenters support relatively
smaller sized sub-blocks with the
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59. Building on its previous
experience introducing mobile service
in bands shared with fixed terrestrial
and FSS users, the Commission adopts
rules to license new mobile operations
under its part 27 rules, with
modifications to tailor certain rules to
the specific characteristics of C-band
spectrum. The Commission adopts
licensing and operating rules that afford
licensees the flexibility to align licenses
in the 3.7–3.98 GHz band with licenses
in other spectrum bands governed by
part 27 of the Commission’s rules and
other flexible-use services. Specifically,
finding no opposition in the record, the
Commission adopts rules requiring 3.7
GHz Service licensees in the 3.7–3.98
GHz band to comply with licensing and
operating rules that are applicable to all
part 27 services, including flexible use,
regulatory status, foreign ownership
reporting, compliance with construction
requirements, renewal criteria,
permanent discontinuance of
operations, partitioning and
disaggregation, and spectrum leasing. In
addition, the Commission adopts
service-specific rules for the 3.7–3.98
GHz band, including eligibility, mobile
spectrum holdings policies, license
term, performance requirements,
renewal term construction obligations,
and other licensing and operating rules
to be included in part 27.
a. Band Plan
60. Block Size.—The Commission will
designate the lower 280 megahertz of Cband spectrum in 100 megahertz
increments as the A and B Blocks and
in an 80-megahertz increment as C
Block. The Commission will issue
licenses in the A, B, and C Blocks in 20
megahertz ‘‘sub-blocks.’’ Specifically,
the A Block (3.7–3.8 GHz), B Block:
(3.8–3.9 GHz), and C Block (3.9–3.98
GHz) will be licensed according to the
following channel plan:
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potential to aggregate to larger sizes of
60 to 160 megahertz.
62. The Commission finds that 100
megahertz blocks, with 20 megahertz
sub-blocks, will provide sufficient
flexibility for interested bidders to tailor
their decisions based on the anticipated
clearing costs and accelerated relocation
payment obligations associated with a
particular amount of spectrum or
geographic license area. For carrier
frequencies below 6 GHz, 3GPP has
specified thirteen possible channel
bandwidths for 5G deployments as
follows: 5, 10, 15, 20, 25, 30, 40, 50, 60,
70, 80, 90, and 100 megahertz. To
facilitate operation of 100 megahertz
bandwidth 5G channels, the
Commission implements and defines
the uniform block size of 100 megahertz
that would run across the entire band
from 3.7–4.0 GHz. By allowing new
flexible-use licensees to acquire full
100-megahertz blocks, the Commission
will ensure that C-band spectrum is
licensed in sufficiently wide
bandwidths to enable 5G deployments.
The inclusion of 20 megahertz subblocks provides sufficient flexibility for
manufacturers and licensees to tailor
application of the band to suit future
needs, especially when considering that
LTE can be made to coexist within or
adjacent to 5G operations. A number of
commenters support a Commission
auction of this spectrum in 20
megahertz blocks. Because it finds that
20 megahertz sub-blocks provide
sufficient flexibility, the Commission
finds it unnecessary to divide the blocks
even smaller into 10 megahertz subblocks, as some commenters have
proposed.
63. Spectrum Block Configuration.—
The Commission adopts rules to license
the A, B, and C 20 megahertz sub-blocks
of C-band spectrum in an unpaired
spectrum block configuration because
there is wide support in the record for
this approach, and it will enhance the
flexible and efficient use of the band for
next-generation services and other
advance spectrum-based services. In
contrast to a paired channel
configuration that assumes frequency
division duplex operations, an unpaired
spectrum configuration is technology
neutral, i.e., enables time division
duplex operations, which has become
increasingly prevalent in deployments
of digital broadband networks. In light
of these considerations, the Commission
concludes that an unpaired spectrum
block configuration will provide
licensees the flexibility necessary to
increase the capacity of their networks
and make the most efficient use of Cband spectrum.
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64. Use of Geographic Licensing.—
Consistent with its approach in several
other bands used to provide fixed and
mobile services, the Commission finds
that it is in the public interest to license
the A, B, and C Blocks in 20 megahertz
sub-blocks on an exclusive, geographic
area basis. Geographic area licensing
provides flexibility to licensees,
promotes efficient spectrum use, and
helps facilitate rapid assignment of
licenses, using competitive bidding
when necessary. There is wide support
in the record for licensing C-band
flexible-use spectrum on an exclusive,
geographic basis, and the Commission
finds that such an approach will give
certainty to licensees and provide the
efficiencies of scale and scope that drive
innovation, investment, and rapid
deployment of next generation services.
65. Geographic License Area.—The
Commission adopts PEAs as the
geographic license area for new 3.7 GHz
Service licenses and divide those
licenses into 20 megahertz sub-blocks
within the A, B, and C Blocks; the
Commission finds that this license-area
size best optimizes and balances our
statutory and regulatory objectives in
licensing spectrum. In determining the
appropriate geographic license area size,
the Commission must consider several
factors, including: (1) Facilitating access
to spectrum by both small and large
providers; (2) providing for the efficient
use of spectrum; (3) encouraging
deployment of wireless broadband
services to consumers, including those
in rural areas and Tribal lands; and (4)
promoting investment in and rapid
deployment of new technologies and
services. In the NPRM, the Commission
sought comment on using PEAs, as well
as on licensing on a county, nationwide,
or other basis.
66. The Commission finds that
licensing on a PEA basis strikes the
appropriate balance between being
sufficiently large to facilitate wide-area
deployments of 5G, while also being
sufficiently small to ensure that small
and regional carriers are able to compete
for new 3.7 GHz Service licenses. PEAs
offer a compromise between EAs, on the
one hand, and CMAs or counties, on the
other hand, because they are smaller
than EAs and serve to separate rural
from urban markets to a greater degree
than EAs do (given that EAs often
include both rural and urban markets),
yet PEAs are also subdivisions that
‘‘nest’’ within EAs and can easily be
aggregated to larger areas such as EAs,
Major Economic Areas, and Regional
Economic Areas. As a result, licensing
new 3.7 GHz Service licenses on a PEA
basis in the contiguous United States
will encourage entry by providers that
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contemplate offering wireless
broadband service on a localized basis,
yet at the same time will not preclude
carriers that plan to provide service on
a much larger geographic scale. PEAs
therefore will encourage auction
participation by a diverse group of
buyers and will generate competition
between large, regional, and small
carriers across various geographic areas,
while also minimizing the difficult
coordination and border issues that
might arise from smaller license areas.
The Commission agrees with
commenters that recommend excluding
areas outside of the contiguous United
States from the transition and will not
issue licenses in those PEAs.
67. In summary, for Blocks A, B, and
C, the Commission will issue 3.7 GHz
Service licenses on a PEA basis for 20
megahertz sub-blocks in the contiguous
states and the District of Columbia
(PEAs 1–41, 43–211, 213–263, 265–297,
299–359, and 361–411). The
Commission will not issue flexible-use
licenses for Honolulu, Anchorage,
Kodiak, Fairbanks, Juneau, Puerto Rico,
Guam-Northern Mariana Islands, U.S.
Virgin Islands, American Samoa, and
the Gulf of Mexico (PEAs numbers 42,
212, 264, 298, 360, 412–416).
b. Application Requirements &
Eligibility
68. Licensees in the A, B, and C
blocks must comply with the
Commission’s general application
requirements. Further, the Commission
adopts an open eligibility standard for
licenses in the A, B, and C Blocks. The
Commission has determined that
eligibility restrictions on licenses may
be imposed only when open eligibility
would pose a significant likelihood of
substantial harm to competition in
specific markets and when an eligibility
restriction would be effective in
eliminating that harm.
69. The Commission agrees that the
record in this proceeding does not
demonstrate a compelling need for
regulatory intervention to exclude
potential participants. The Commission
finds that adopting an open eligibility
standard appropriately relies on market
forces and will encourage efforts to
develop new technologies, products,
and services, while helping to ensure
efficient use of this spectrum. Generally
applicable qualifications that may apply
under the Commission’s rules,
including those relating to citizenship
and character, apply to any and all
licenses issued for flexible use of this
spectrum, and any person who has
been, for reasons of national security,
barred by any agency of the Federal
Government from bidding on a contract,
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participating in an auction, or receiving
a grant is ineligible.
c. Mobile Spectrum Holdings
70. The Commission does not impose
a pre-auction bright-line limit on
acquisitions of the 3.7–3.98 GHz band.
Instead, it will incorporate into the
spectrum screen the 280 megahertz of
spectrum that we make available in the
3.7–3.98 GHz band. The Commission
will also perform case-by-case review of
the long-form license applications filed
as a result of the auction.
71. In the NPRM, the Commission
sought comment on whether and how to
address mobile spectrum holdings
issues to meet its statutory requirements
and ensure competitive access in the
3.7–4.2 GHz band, including whether to
include the 3.7–4.2 GHz band in the
spectrum screen for secondary market
transactions. The Commission proposed
not to adopt a pre-auction bright-line
limit on a party’s ability to acquire
spectrum in the 3.7–4.2 GHz band in a
public auction. The Commission also
asked whether to apply a post-auction
case-by-case review of holdings when
applications for initial licenses are filed
and whether to limit the amount of
spectrum one party can acquire through
a market-based mechanism.
72. Similar to its approach in the 2017
Spectrum Frontiers Order and FNPRM
(83 FR 37, Jan. 2, 2018; 83 FR 85, Jan.
2, 2018) and the 2018 Spectrum
Frontiers Order and FNPRM (83 FR
34478, July 20, 2018), the Commission
finds that, ‘‘[g]enerally, bright-line, preauction limits may restrict
unnecessarily the ability of entities to
participate in and acquire spectrum in
an auction, and we are not inclined to
adopt such limits on auction
participation absent a clear indication
that they are necessary to address a
specific competitive concern.’’
73. The Commission agrees with
commenters that an in-band spectrum
aggregation limit is unnecessary for this
band. Commenters requesting an inband limit raise only general concerns
regarding the need to prevent a few
dominant carriers from obtaining an
excessive concentration of this spectrum
and to ensure smaller carriers have a fair
opportunity to obtain the spectrum. But
limiting the amount of 3.7–3.98 GHz
band spectrum that one party can
acquire, as these commenters request,
could unnecessarily restrict providers’
ability to participate in the auction and
acquire spectrum in this band. This
ultimately could ‘‘constrain providers in
their paths towards 5G deployment,’’
limit providers’ ‘‘incentives to invest’’
in the band, and ‘‘delay the realization
of related economic benefits.’’ Further,
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‘‘a variety of spectral paths to 5G
deployment in the United States’’ exist,
including the additional opportunities
for access to spectrum through our
recent actions to remove restrictions on
the 2.5 GHz band, to make the 3.5 GHz
band available for priority access
licenses, and to make millimeter-wave
spectrum available through auction.
Because the Commission’s ‘‘balancing of
objectives’’ has ‘‘shift[ed] towards
facilitating rapid 5G deployment in the
United States,’’ and because
commenters have not pointed to ‘‘a clear
indication’’ that in-band limits ‘‘are
necessary to address a specific
competitive concern,’’ the Commission
finds it unnecessary to impose an inband limit on the 3.7–3.98 GHz band.
Instead, the Commission finds that a
case-by-case review of acquisitions of
3.7–3.98 GHz band spectrum will allow
the Commission to review spectrum
aggregation on market competition
without unnecessarily restricting
entities from acquiring spectrum to
deploy 5G services.
74. The Commission will include the
A, B, and C Blocks of the 3.7–3.98 GHz
band in the screen for secondary market
transactions because the spectrum will
become ‘‘suitable and available in the
near term for the provision of mobile
telephony/broadband services.’’ The
relevant product market for the screen
incorporates both mobile voice and data
services, including services provided
over advanced broadband wireless
networks—particularly emerging, next
generation wireless services. The
Commission adopts flexible-use rules
here to enable terrestrial mobile use for
5G deployment. Accordingly, it is
appropriate to incorporate this band
into the screen for mobile telephony/
broadband services.
75. The Commission will add the 280
megahertz to the spectrum screen once
the auction closes. While winners of the
auction must clear incumbents from the
band following the auction, the
Commission finds it is ‘‘fairly certain’’
that the auctioned spectrum ‘‘will meet
the criteria for suitable spectrum in the
near term’’ once the auction closes,
given the Commission’s transition plan.
This is consistent with its approach for
the 600 MHz band (where the
Commission found that the spectrum
was available following the Broadcast
Incentive Auction, even though
incumbents had to be moved) and the
700 MHz band (where the Commission
found that the spectrum was available a
year and a half before the spectrum
would be cleared by incumbents).
76. Finally, the Commission will
perform case-by-case review of the long
form applications of the 3.7–3.98 GHz
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spectrum following the auction. The
Commission will use the same case-bycase review as it does for secondary
market transactions, updated to account
for the additional 3.7–3.98 GHz
spectrum. As the Commission has
explained, case-by-case review ‘‘permits
bidders to participate fully’’ in acquiring
the spectrum, ‘‘while still allowing the
Commission to assess the impact on
competition from the assignment of
initial . . . licenses, and to take
appropriate action to preserve or protect
competition only where necessary.’’ As
it has done in other bands made
available for flexible use, the
Commission will apply the standard
articulated in the 2008 Union Telephone
Order. This review will create sufficient
bidder certainty for the auction,
consistent with Section 309(j)(3)(E).
d. License Term
77. The Commission finds that a 15year license term will provide sufficient
time to encourage investment in the
3.7–3.98 GHz band given the clearing,
relocation, and repacking that must
occur prior to mobile operations. In the
NPRM, the Commission proposed a 15year license term for this very reason,
suggesting that 15 years would afford
licensees sufficient time to achieve
significant buildout obligations posttransition. Many commenters agree that
a longer term is warranted where timeconsuming activities are needed to
ready the spectrum for mobile use, and
several argue that 15 years will promote
the provision of innovative services and
applications.
78. The Commission agrees and
concludes that a 15-year license term for
the A, B, and C Blocks best serves the
public interest by providing the time
needed for significant investment that
ultimately will usher in valuable
services to consumers.
e. Performance Requirements; Renewal
79. The Commission recognizes the
critical role that performance
requirements play in ensuring that
licensed spectrum does not lie fallow.
The performance requirements the
Commission adopts for the 3.7–3.98
GHz band take into account the unique
characteristics of this band, but also will
ensure that licensees begin providing
service to consumers in a timely manner
by relying on specific quantifiable
benchmarks. To support a variety of
different use cases in this spectrum, the
Commission adopts below specific
metrics for mobile/point-to-multipoint,
fixed, and IoT services in the A, B, and
C Blocks, consistent with its proposal in
the NPRM.
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80. Mobile or Point-to-Multipoint
Performance Requirements.—The
Commission concludes that licensees in
the A, B, and C Blocks offering mobile
or point-to-multipoint services must
provide reliable signal coverage and
offer service to at least 45% of the
population in each of their license areas
within eight years of the license issue
date (first performance benchmark), and
to at least 80% of the population in each
of their license areas within 12 years
from the license issue date (second
performance benchmark). These
population benchmarks are slightly
more aggressive than those for other
flexible-use services under part 27.
Given the critical role of mid-band
spectrum in today’s spectral
environment, the Commission finds that
this approach is warranted.
81. Commenters generally support
performance requirements to prevent
warehousing of this valuable spectrum,
but some object that these benchmarks
are more stringent than for other part 27
services in lower frequency bands that
have better propagation characteristics,
e.g., BRS, H Block, AWS–3, AWS–4, 600
MHz, and 700 MHz Upper C Band, that
have better propagation characteristics
than the 3.7–3.98 GHz band.
82. In the NPRM, the Commission
proposed that the deadline for the first
performance benchmark would be six
years from the license issue date.
However, consistent with the rules the
Commission adopts for the transition of
existing space station and earth station
operations to the upper 200 megahertz
of the band, new flexible-use licensees
may not commence operations until the
necessary clearing has been completed
and the flexible-use licensee has
complied with all obligations to provide
reimbursement for relocation costs and
any additional accelerated relocation
payments have been made. The
Commission anticipates that flexible-use
licensees will begin deploying their
systems and constructing their networks
while incumbents are still transitioning
out of the 3.7–3.98 GHz band so that
flexible-use licensees are able to
commence operations soon after
incumbent clearing is complete.
Nevertheless, given the potential length
of that transition, the Commission finds
that a six-year initial benchmark may
not be reasonable. The Commission
therefore finds it appropriate to adjust
its proposed deadline for the first
performance benchmark to eight years
from the license issue date, in order to
provide licensees additional time to
deploy once the license area has been
cleared of FSS use.
83. The Commission believes that 12
years will provide sufficient time for A,
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B, and C Block licensees, relying on
mobile or point-to-multipoint service in
accordance with our part 27 rules, to
meet the proposed coverage
requirements. Given the expected
desirability of mid-band spectrum for
the provision of innovative 5G services
that promote American competitiveness,
the performance benchmarks the
Commission adopts are not unduly
burdensome because it expects that the
market will drive deployment beyond
these Commission’s benchmarks. The
Commission anticipates that after
satisfying the 12-year second
performance benchmark, a licensee will
continue to provide reliable signal
coverage, or point-to-point links, as
applicable, and offer service at or above
that level for the remaining three years
in the 15-year license term prior to
renewal. The Commission, therefore,
declines to set the second performance
benchmark at the end of the license
term, as some commenters proposed.
Establishing benchmarks before the end
of the license term will ensure
continuity of service over the license
term, which is essential to the
Commission’s evaluation under its
renewal standards. We note that our
Wireless Radio Services Renewal
requirements include safe harbor
certifications, in lieu of a detailed
renewal showing, for qualified
licensees.
84. Alternate IoT Performance
Requirements.—The Commission
recognized in the NPRM that 3.7–3.98
GHz licenses have flexibility to provide
services potentially less suited to a
population coverage metric. Therefore,
the Commission sought comment on an
alternative performance benchmark
metric for licensees providing IoT-type
fixed and mobile services. Based on the
record evidence, the Commission will
provide licensees in the A, B, and C
Blocks the flexibility to demonstrate
that they offer geographic area coverage
of 35% of the license area at the first
(eight-year) performance benchmark,
and geographic area coverage of 65% of
the license area at the second (12-year)
performance benchmark. The
Commission finds that the
aforementioned levels of geographic
coverage maintain reasonable parity
between the requirements in these IoTfocused metrics and the requirements
for mobile providers relying on
population-based coverage metrics. This
framework is intended to provide
enough certainty to licensees to
encourage investment and deployment
in these bands as soon as possible,
while retaining enough flexibility to
accommodate both traditional services
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and innovative services or deployment
patterns.
85. A performance metric based on
geographic area coverage (or presence)
will allow for networks that provide
meaningful service but deploy along
lines other than residential population.
This definition separates ‘‘traditional’’
point-to-point links from the sensor and
device connections that likely will be
part of new IoT networks in these bands
and applies to a network of fixed
sensors or smart devices operating at
low power over short distances.
Although the Commission adopts an
additional metric in order to facilitate
the deployment of IoT and other
innovative services, there is no
requirement that a licensee build a
particular type of network or provide a
particular type of service in order to use
whatever metric it selects to
demonstrate that it met its performance
requirement.
86. Fixed Point-to-Point Under
Flexible Use.—Recognizing that its part
27 flexible-use policies enable licensees
to potentially offer a variety of different
services in the 3.7–3.98 GHz band, the
Commission sought comment in the
NPRM on performance metrics for
licensees offering point-to-point service
in the band. For licensees providing
fixed, point-to-point links, the
Commission generally has evaluated
buildout by comparing the number of
links in operation to the population of
the license area.
87. The Commission adopts
performance metrics using this
framework, as proposed in the NPRM.
Specifically, the Commission adopts a
requirement that part 27 geographic area
licensees providing Fixed Service in the
A, B, and C Blocks band must
demonstrate within eight years of the
license issue date (first performance
benchmark) that they have four links
operating and providing service, either
to customers or for internal use, if the
population within the license area is
equal to or less than 268,000. If the
population within the license area is
greater than 268,000, the Commission
requires a licensee relying on point-topoint service to demonstrate it has at
least one link in operation and
providing service, either to customers or
for internal use, per every 67,000
persons within a license area. The
Commission requires licensees relying
on point-to-point service to demonstrate
within 12 years of the license issue date
(final performance benchmark) that they
have eight links operating and providing
service, either to customers or for
internal use, if the population within
the license area is equal to or less than
268,000. If the population within the
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license area is greater than 268,000, the
Commission requires a licensee relying
on point-to-point service to demonstrate
it is providing service and has at least
two links in operation per every 67,000
persons within a license area.
88. These standards are generally
similar to the standards the Commission
established for fixed point-to-point
services in the 2.3 GHz band and several
Spectrum Frontiers bands. In the NPRM,
the Commission also asked whether to
require point-to-point links to operate
with a transmit power greater than +43
dBm in order to be eligible to be
counted under the point-to-point
buildout standard. The Commission
observed that for the UMFUS bands, the
43 dBm minimum power requirement is
intended to separate traditional pointto-point links from the sensor and
device connections anticipated to be
part of new Internet of Things networks
in those bands. The Commission
received no comment on this issue.
Based on the record, including the
different propagation characteristics of
the 3.7–3.98 GHz band, the Commission
find that its approach in the Spectrum
Frontiers proceeding does not support
adoption of a similar rule for the 3.7–
3.98 GHz band. Links in the 3.7–3.98
GHz band, however, must be part of a
network that is actually providing
service, whether to unaffiliated
customers or for private, internal uses,
and all links must be present and
operational in accordance with our
discontinuance and renewal rules. As
with the mobile performance milestone,
the size of the population will be
calculated over the entire license area.
89. Penalty for Failure To Meet
Performance Requirements.—Along
with performance benchmarks, the
Commission adopts meaningful and
enforceable penalties for failing to
ensure timely build-out. Specifically, as
proposed in the NPRM, the Commission
adopts a rule requiring that, in the event
a licensee in the A, B, or C Block fails
to meet the first performance
benchmark, the licensee’s second
benchmark and license term would be
reduced by two years, thereby requiring
it to meet the second performance
benchmark two years sooner (at 10 years
into the license term) and reducing its
license term to 13 years. Consistent with
the approach in many other bands, the
Commission concludes that, if a
licensee fails to meet the second
performance benchmark for a particular
license area, its authorization for each
license area in which it fails to meet the
performance requirement shall
terminate automatically without
Commission action.
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90. This approach will promote
prompt buildout and appropriately
penalize a licensee for not meeting its
performance obligations for a particular
license area. The Commission declines
to adopt a ‘‘use-or-lose’’ regime, as
suggested by some commenters, under
which a licensee would lose only those
areas within a license area that are not
developed. The Commission finds that
such an approach, which has been
adopted rarely for other bands, likely
would reduce incentives for licensees to
build out to the less populated areas
covered by their license, and would be
less effective in ensuring use of the
spectrum. In addition, in the event a
licensee’s authority to operate
terminates, the licensee’s spectrum
rights would become available for
reassignment pursuant to the
competitive bidding provisions of
Section 309(j) and any licensee who
forfeits its license for failure to meet its
performance requirements would be
precluded from regaining the license.
91. Compliance Procedures.—In
addition to compliance procedures
applicable to all part 27 licensees,
including the filing of electronic
coverage maps and supporting
documentation, the Commission adopts
a rule requiring that such electronic
coverage maps must accurately depict
both the boundaries of each licensed
area and the coverage boundaries of the
actual areas to which the licensee
provides service. Although the
Commission sought comment on
additional compliance procedures in the
NPRM, only a small number of
commenters addressed this issue.
92. As proposed in the NPRM, the
rule the Commission is adopting
requires measurements of populations
served on areas no larger than the
Census Tract level so a licensee
deploying small cells has the option to
measure its coverage using a smaller
acceptable identifier such as a Census
Block. The Commission finds that such
procedures will confirm that the
spectrum is being used consistent with
the performance requirements. If a
licensee does not provide reliable signal
coverage to an entire license area, the
licensee must provide a map that
accurately depicts the boundaries of the
area or areas within each license area
not being served. Each licensee also
must file supporting documentation
certifying the type of service it is
providing for each licensed area within
its service territory and the type of
technology used to provide such
service. Supporting documentation
must include the assumptions used to
create the coverage maps, including the
propagation model and the signal
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strength necessary to provide reliable
service with the licensee’s technology.
The Commission will adopt conforming
amendments to part 27 to include these
requirements. The Commission directs
the Wireless Telecommunications
Bureau to specify the format of
submissions, consistent with these
determinations.
93. License Renewal.—As proposed in
the NPRM, the Commission will apply
the general renewal requirements
applicable to all Wireless Radio Services
licensees to 3.7–3.98 GHz band
licensees in the A, B, and C Blocks. This
approach will promote consistency
across services.
94. Renewal Term Construction
Obligation.—In addition to, and
independent of, these general renewal
provisions, the Commission finds that
any additional renewal term
construction obligations adopted in the
Wireless Radio Services Renewal Reform
proceeding would apply to licenses in
the A, B, and C Blocks of the 3.7–3.98
GHz band.
95. In the NPRM, the Commission
noted that the Wireless Radio Services
Renewal Reform FNPRM (82 FR 41580,
Sept. 1, 2017) sought comment on
various renewal term construction
obligations such as incremental
increases in the construction metric in
each subsequent renewal term. The
Commission also noted that the Wireless
Radio Services Renewal Reform FNPRM
proposed to apply any rules adopted in
that proceeding to all flexible
geographic licenses. Commenters
generally support the Commission’s
adopting renewal term construction
obligations for the 3.7–3.98 GHz band in
the context of the Wireless Radio
Services Renewal Reform proceeding, as
its decision ensures consistency across
services.
96. The Commission finds that
applying any additional renewal term
construction obligations adopted in the
Wireless Radio Services Renewal Reform
proceeding to licenses in the A, B, and
C Blocks will encourage robust
deployment and maintain consistency
across flexible geographic licensees.
B. The Transition of FSS Operations
97. For a successful public auction of
overlay licenses in the 3.7–3.98 GHz
band, bidders need to know before an
auction commences when they will get
access to that currently occupied
spectrum as well as the costs they will
incur as a condition of their overlay
license. In this section, the Commission
addresses precisely those questions
while also setting forth a transition path
that ensures that incumbent FSS users
will continue to receive the content they
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do today both during and after the
transition.
98. That transition of FSS operations
relies on the Commission’s Emerging
Technologies framework, a framework
the Commission has relied on since the
early 1990s to facilitate the swift
transition of spectrum from one use to
another. In short, the framework allows
for new licensees to incentivize a swift
transition while requiring those
licensees to hold incumbents harmless
during the transition. Specifically, the
Commission requires overlay licensees
to pay for the reasonable relocation
costs of incumbent space station and
incumbent earth station operators who
are required to clear the lower 300
megahertz of the C-band spectrum in the
contiguous United States.
99. To effectuate that process, the
Commission takes several steps. First,
the Commission defines the class of
incumbent earth stations and incumbent
space stations to make clear what FSS
entities it expects to take part in the
transition (and what entities may be
eligible for relocation payments).
Second, the Commission lays out its
legal authority to carry out the transition
as well as the effect of that transition on
future operations in the C-band. Third,
the Commission sets a deadline for
clearing the band by 2025 while offering
incumbent space station operators the
option to accelerate that process to 2021
for the lower 120 megahertz and 2023
for the upper 180 megahertz. Fourth, the
Commission sets forth the relocation
payments we expect incumbent
operators to receive and how to
apportion such payments among overlay
licensees. Fifth, the Commission
establishes a neutral, third-party
clearinghouse to manage collection and
distribution of relocation payments.
Sixth, the Commission describes the
logistics of transitioning FSS operations
out of the lower 300 megahertz of the Cband spectrum. Finally, the Commission
addresses additional issues related to
the FSS transition, including the
maintenance of IBFS data and revisions
to the coordination policy for FSS and
Fixed Services. The Commission finds
that these rules will best promote the
rapid and effective transition of
incumbent FSS operations out of the
portion of C-band spectrum to be made
available for public auction.
1. Incumbent FSS Operations
100. In this section, the Commission
defines the class of incumbent FSS
space stations and earth stations that
must be accommodated during the
transition and reimbursed for their
relocation costs. The Commission finds
that its definition of incumbents
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effectively captures existing C-band FSS
users that will need to be transitioned
and protected in order to ensure that
they are able to continue providing and
receiving their existing services during
and after the transition. Commenters
generally agree that the Commission
should define incumbent FSS
operations for these purposes.
101. Incumbent Space Station
Operators.—The Commission defines
‘‘incumbent space station operators’’ to
include all C-band space station
operators authorized to provide service
to any part of the contiguous United
States pursuant to an FCC-issued license
or grant of market access as of June 21,
2018—the date of the International
Bureau’s temporary freeze on certain
new space station applications in the
3.7–4.2 GHz band. There are eight such
operators: ABS, Empresa, Eutelsat,
Hispasat, Intelsat, SES, Star One, and
Telesat.
102. Incumbent Earth Stations.—The
Commission defines ‘‘incumbent earth
stations’’ to be protected from
interference from flexible-use licensees
to include FSS 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
November 7, 2018; and (3) have timely
certified, to the extent required by the
July 2018 Order adopted in FCC 18–91
(as we clarify below to include certain
renewal applications and license and
registration applications filed through
November 7, 2018), the accuracy of
information on file with the
Commission.
103. This definition largely parallels
the definition the Commission proposed
in the NPRM, with a few minor changes.
For one, the Commission affirms the
finding of the International Bureau that
registrants and licensees that filed
applications or modifications during the
processing window, which effectively
updated or confirmed their earth station
details, are exempt from the separate
certification requirement. For another,
the Commission includes all license and
registration applications that were filed
through November 7, 2018, rather than
the initial filing window deadline
(October 17, 2018) or the extended filing
deadline (October 31, 2018) due to
outages in the IBFS filing system around
that deadline. Under the approach the
Commission adopts, the fact that an
earth station has not filed an exhibit
demonstrating coordination with
terrestrial Fixed Service stations will
not disqualify it as an incumbent earth
station. For earth stations licensed or
registered before the processing
window, the Commission finds that
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renewal applications, as well as
certifications, filed by the May 28, 2019
certification deadline, effectively
updated or confirmed their earth station
details. And finally, the Commission
makes clear that the definition does not
include those whose authorization
terminated by law because the earth
station was not operational for more
than 90 days.
104. Several commenters, including
CCA, Microsoft, Motorola, and Verizon,
support the Commission’s proposed
definition of incumbent earth stations.
The Commission disagrees with
commenters who assert the definition is
too restrictive. Earth station operators
have been provided ample opportunity
to register their earth stations with the
Commission. In addition to waiving the
coordination requirement during the
freeze filing window, the International
Bureau took numerous other steps to
ease the filing process, including
conducting tutorials and providing stepby-step filing instructions on the
Commission’s website to assist those
unfamiliar with the International
Bureau’s filing system. Moreover, the
filing deadline was extended numerous
times to accommodate filers. Therefore,
contrary to the arguments of some
commenters, the Commission has
decided not to open another window for
the registration of earth stations that
existed as of April 19, 2018.
105. The Commission also declines to
adopt the C-Band Alliance’s suggestion
that incumbent earth stations should
encompass all earth stations identified
by the C-Band Alliance. The
Commission finds that there is a
significant public interest in providing a
stable, comprehensive list of incumbent
earth stations that meet the criteria
described above. The members of the CBand Alliance and other space station
operators may, of course, treat
unregistered earth stations like
incumbent earth stations for their own
commercial purposes. But any such
commercial decisions are outside the
scope of this proceeding.
106. The Commission also adopts the
proposal in the NPRM that the classes
of earth stations entitled to protection
and transition are those registered as
fixed or temporary fixed (i.e.,
transportable) earth stations in IBFS.
That proposal was supported by the
record. The Commission did not
propose to include other classes of earth
stations registered in IBFS, such as earth
stations on vessels and other licensees
operating under blanket earth stations,
and the record does not support the
inclusion of any additional classes of
earth stations. The Commission directs
the International Bureau to complete the
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processing of earth station license and
registration applications filed during the
limited freeze filing window.
107. As the Commission proposed in
the NPRM, any receive-only earth
stations that failed to meet the
requirements to be incumbent earth
stations will be removed from IBFS. In
the NPRM, the Commission proposed to
update IBFS to terminate 3.7–4.2 GHz
band earth stations licenses or
registrations for which the licensee or
registrant had not timely filed the
certification required by the July 2018
Order (to the extent it held or applied
for a license or registration before April
19, 2018). Several commenters support
such termination, as well as eliminating
an obligation to protect those stations
from harmful interference. For the same
reasons that the Commission limits
incumbent earth stations to those that
timely filed the required certifications
or submitted renewal applications by
the certification deadline, the
Commission now directs the
International Bureau to terminate
automatically the registrations of those
uncertified receive-only earth stations in
IBFS, consistent with our treatment of
surrendered licenses and registrations
that no longer authorize operations. The
Commission proposes to modify the
licenses of transmit-receive earth
stations that failed to submit a
certification or submit a renewal
application by the certification deadline
to remove their protection rights in 3.7–
4.0 GHz and to allow them to continue
to receive transmissions on an
unprotected basis in 4.0–4.2 GHz. These
licensed transmit-receive earth stations
will not be considered eligible earth
stations and will not be eligible to have
their relocation expenses reimbursed,
but can adjust their reception so as to
receive transmissions to the upper 200
megahertz at their own expense.
2. Clearing the 3.7–4.0 GHz Band of FSS
Operations
108. The Commission next adopts
rules to limit FSS operations to the 4.0–
4.2 GHz band in the contiguous United
States. To accomplish this goal and
make the 3.7–4.0 GHz band available for
terrestrial wireless use, the Commission
uses its authority under Section 316 of
the Communications Act to modify the
existing FSS licenses and market access
authorizations held by space station
operators in the band. The Commission
finds that such modifications are
consistent with its statutory authority,
supported by judicial and Commission
precedent, and will serve the public
interest. The Commission also revises
its rules to prohibit new applications for
space station licenses and new petitions
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for market access concerning space-toEarth operations in the 3.7–4.0 GHz
band in the contiguous United States.
109. Clearing Space Station
Operations.—Section 316 of the
Communications Act vests the
Commission with broad authority to
modify licenses ‘‘if in the judgment of
the Commission such action will
promote the public interest,
convenience, and necessity.’’ The
Commission finds that modifying the
authorizations of incumbent space
station operators to clear use of the 3.7–
4.0 GHz band (and confine their
operations in the contiguous United
States to the 4.0–4.2 GHz band) is
within the Commission’s statutory
authority, consistent with prior
Commission practice, and will promote
the public interest convenience, and
necessity. The Commission accordingly
proposes to modify the authorizations of
the incumbent space station operations
to carry out the clearing of this band.
110. The Commission has long relied
on Section 316 to change or reduce the
frequencies used by a licensed service
where it has found that doing so would
serve the public interest. For example,
in the 2002 MSS Order, the Commission
relied on its Section 316 authority to
relocate the Motient Services, Inc.
(Motient) spectrum assignment from
solely upper L-band frequencies to
mostly lower, internationally
coordinated L-band frequencies and
reduce it from 28 to 20 megahertz, to
enable Motient to construct and operate
an economically viable MSS system
without interfering with maritime
distress and safety communications. In
the DEMS Relocation Order, the
Commission, pursuant to Section 316,
modified licenses to relocate the
operations of certain Digital Electronic
Message Service (DEMS) licensees from
the 18 GHz band to the 24 GHz band,
in order to accommodate Department of
Defense military systems. Similarly, in
the 2004 800 MHz Order (69 FR 67823,
Nov. 22, 2004), the Commission relied
on Section 316 to relocate the public
safety and other land mobile
communications systems operating in
the 800 MHz band to new spectral
locations both within and outside the
band (including the relocation of a large
set of licenses then held by Nextel
Communications, Inc., to the 1.9 GHz
band), in order to eliminate the
interference to the public safety and
other high site, non-cellular systems
caused by the inherently incompatible
operations of the band’s cellulararchitecture multi-cell systems. The
Commission has also relied on its
Section 316 authority to ‘‘rearrang[e]
licensees within a spectrum band.’’ And
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22819
as part of the recent Spectrum Frontiers
incentive auction, the Commission
modified the authorizations of
incumbent licensees by altering their
assigned frequencies and, in many
cases, their geographic service areas, in
a way that ensured that the spectrum
usage rights under the modified licenses
were comparable to those under the
originally configured licenses.
111. Notably, the Commission’s
modification authority under Section
316 does not require the consent of
licensees. As the United States Court of
Appeals for the District of Columbia
Circuit has stressed, ‘‘if modification of
licenses were entirely dependent upon
the wishes of existing licensees, a large
part of the regulatory power of the
Commission would be nullified.’’ 1
Indeed, that court has reiterated that
Congress broadened the Commission’s
discretion by adding Section 316, which
‘‘provides the FCC with the authority to
modify licenses without the approval of
their holders.’’ 2 Rather, the Commission
need only find, as it does here, that the
modification ‘‘serves the public interest,
convenience and necessity.’’ 3 Further,
the courts have consistently held that
the Commission may exercise its license
modification authority as part of a
rulemaking proceeding, as it does here.4
112. The International and Wireless
Telecommunications Bureaus sought
comment on the scope of our Section
316 authority to modify licenses in this
proceeding in the May 3 Public Notice.
The record confirms that modifying the
licenses of the incumbent space station
operators falls within the scope of the
Commission’s authority and would
serve the public interest. As several
commenters argue, modifying the
authorizations of the incumbent space
station operators is in the public interest
because it will enable the clearing of
280 megahertz for public auction while
preserving the content distribution
system currently offered over the Cband spectrum by reserving for
incumbent space station operators the
upper 200 megahertz of the band.
113. One constraint, however, is that
Congress limited the Commission’s
1 Peoples Broadcasting Co. v. United States, 209
F.2d 286, 288 (D.C. Cir. 1953).
2 Rainbow Broadcasting v. FCC, 949 F.2d 405, 410
(D.C. Cir. 1991).
3 California Metro Mobile Commc’ns, Inc. v. FCC,
365 F.3d 38, 45 (D.C. Cir. 2004). As the D.C. Circuit
has noted, the Commission’s judgements on the
public interest arising from a license modification
‘‘are entitled to substantial judicial deference.’’
NTCH, Inc. v. FCC,—F.3d —, 2020 WL 855465 at
*7 (D.C. Circ. 2020).
4 See Celtronix Telemetry, Inc. v. FCC, 272 F.3d
585, 589 (D.C. Cir. 2001) (citing cases and noting
that the Commission retains the power ‘‘to alter the
term[s] of existing licenses by rulemaking’’).
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authority to only ‘‘modify’’ a license
under Section 316, which the courts
have construed to mean we may not
effect a ‘‘fundamental change’’ to a
license under this authority. Although
effectively revoking a license or
substantially disrupting a licensee’s
ability to provide service may amount to
a fundamental change, courts have
repeatedly found that if a licensee can
continue to provide substantially the
same service, a modification to that
license is not a fundamental change.
114. The Commission finds that the
upper 200 megahertz of spectrum it is
reserving for future FSS operations is
sufficient to continue the services that
are provided today over the whole 500
megahertz of the C-band. Indeed, all
incumbent space station operators that
responded to the space-station data
collection have agreed that the upper
200 megahertz portion of the band
provides a sufficient amount of
spectrum to support their services.
Users of FSS services, agree that 200
megahertz is a sufficient amount of
spectrum for space station operators to
continue their services uninterrupted.
Indeed, by adopting the clearing plan
proposed by incumbent space station
operators themselves and that they
themselves have claimed allows for the
full range of C-band services to continue
in the contiguous United States, the
Commission is confident that
incumbent space station operators can
continue to offer the services they do
today after they clear their operations
out of the 3.7–4.0 GHz band (and thus
that this license modification does not
constitute a fundamental change).
115. In sum, the Commission finds
that a Section 316 modification would
serve the public interest, as it will spur
the investment in and deployment of
next generation wireless services, while
ensuring that incumbent space station
services will be able to maintain the
same services as they are currently
providing. Consistent with prior
practice, in these circumstances the
Commission will accord to grants of
market access the same protections in
this regard that we accord to
Commission licenses and grants of
market access.
116. The Commission notes that,
consistent with the scope of the public
auction it adopts, the Section 316
license modification that the
Commission adopts applies only to
licenses and grants of market access
held within the contiguous United
States; authorizations for FSS operations
outside of the contiguous United States
may continue to operate in the entire
3.7–4.2 GHz band. Commenters argue,
and the Commission agrees, that the
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Commission should exclude locations
outside of the contiguous United States
from the license modification. Locations
outside of the contiguous United States,
many of which are remote, have a
greater need for a wide variety of C-band
services, particularly for the provision
of services necessary for the protection
of life and property—including
telehealth, E911, and education
services.
117. The Commission finds that
retaining C-band operation is important
for the time being in areas outside of the
contiguous United States. As a result,
the Commission believes it is
appropriate to exclude PEAs outside of
the contiguous United States from the
proposed license modification, notably
in the Honolulu, Anchorage, Kodiak,
Fairbanks, Juneau, Puerto Rico, GuamNorthern Mariana Islands, U.S. Virgin
Islands, American Samoa, and the Gulf
of Mexico PEAs (PEA numbers 42, 212,
264, 298, 360, 412–416) and FSS
operations in those PEAs may continue
to use the entire 3.7–4.2 GHz band.
118. The Commission also notes that,
due to the nature of space-to-earth
transmissions and the practicalities of
space-to-earth communications, it does
not modify the authorizations of
incumbent space station operators to
prohibit transmissions in the 3.7–4.0
GHz band entirely. Transmissions from
space station operators can reach many
countries at the same time. As a result
of this, many transmissions from space
station operators sent to locations
outside of the contiguous United States
and other countries may incidentally
transmit to earth stations within the
contiguous United States. Since space-to
Earth transmissions pose no risk of
harmful interference to terrestrial
wireless operations, the Commission
will allow such incidental transmissions
without penalty, if the transmissions are
duly authorized by a foreign
government or the Federal
Communications Commission. In other
words, the Commission allows those
transmissions that incidentally occur
within the contiguous United States but
are directed at earth stations outside
that area. Beyond these incidental
transmissions, the Commission will
only permit space station operators to
continue to operate in the contiguous
United States in the 3.7–4.0 GHz band
on an unprotected basis after the sunset
date for the purpose of transmitting
service to earth stations at four
designated TT&C sites.
119. The C-Band Alliance and the
Small Satellite Operators have argued
that eliminating their right to operate
and be protected from harmful
interference over the lower 300
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megahertz of the C-band without their
consent would constitute a fundamental
change to their license. The C-Band
Alliance and the Small Satellite
Operators also argue that, even if their
existing services could continue after
the transition, modifying their licensees
would impermissibly alter their ability
to expand their services to additional
customers. The Commission disagrees.
The D.C. Circuit has consistently upheld
the Commission’s authority to modify
licenses where the affected licensee is
able to continue providing substantially
the same service following the
modification. Thus, regardless of the
amount of spectrum being repurposed
or the licensees’ ability to expand its
operations after its license is modified,
the primary consideration in
determining whether a Section 316
modification is valid is whether the
licensee will be able to provide
substantially the same service after the
modification as it was able to provide
before. In the case of the C-Band
Alliance and Eutelsat, the record clearly
demonstrates that C-Band Alliance
members will—by their own
admission—be able to continue to
provide service to their existing
customers after the transition. For the
Small Satellite Operators, the record
clearly demonstrates that their members
provide little to no service in the
contiguous United States today and, as
such, the remaining 200 megahertz of
spectrum available after the transition
period exceeds any reasonable estimate
of their needs.
120. First, the amount of spectrum
repurposed under a 316 modification is
not the controlling factor in determining
whether such a modification is valid.
The C-Band Alliance and the Small
Satellite Operators in particular contend
that removing a licensee’s rights to
operate in 60% of the spectrum covered
by its license constitutes a fundamental
change to the license on its face. They
argue that a reduction in the spectrum
use rights afforded a licensee constitutes
a fundamental change, regardless of
whether the licensee is actually using
the spectrum at the time. Both the CBand Alliance and the Small Satellite
Operators point to a decision by the
Supreme Court, MCI
Telecommunications Corp. v. FCC,
which they assert supports their
argument that the reduction of a certain
percentage of a licensee’s spectrum
usage rights has been found to exceed
the Commission’s ‘‘modification
authority.’’ 5 However, the Court in MCI
was addressing a statutory
5 MCI Telecommunications Corp. v. AT&T, 512
U.S. 218, 228–29 (1994).
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interpretation question under Title II of
the Act: Whether ‘‘the statutory phrase
‘modify any requirement’ gave it
authority to eliminate rate-filing
requirements, ‘the essential
characteristic of a rate regulated
industry,’ for long-distance telephone
carriers.’’ 6 It was not examining the
scope of the Commission’s ability to
modify a license pursuant to its ‘‘broad
authority to manage spectrum’’ under
Title III 7 including its specific authority
under Section 316 to modify the terms
of licenses if—‘‘in the judgment of the
Commission’’—such action ‘‘will
promote the public interest,
convenience, and necessity.’’ 8
Ultimately, the Court concluded that
rather than a legitimate exercise of the
Commission’s authority to make
modifications in the tariffing
requirement established by the Act,
‘‘[w]hat we have here, in reality, is a
fundamental revision of the statute,
changing it from a scheme of rate
regulation in long-distance commoncarrier communications to a scheme of
rate regulation only where effective
competition does not exist. That may be
a good idea, but it was not the idea
Congress enacted into law in 1934.’’
121. Rather than standing, as the CBand Alliance and the Small Satellite
Operators would have it, for the
proposition that a 60% change of
anything, under any circumstances,
cannot be regarded as a modification,
MCI represents the Court’s view that
eliminating a requirement entirely is not
a ‘‘modification’’ of that requirement. In
this context, the Commission agrees that
eliminating an incumbent space station
operator’s right to transmit entirely
would not be a modification—but that is
not what the Commission does here.
Instead, the Commission finds that
where an incumbent will be fully
reimbursed to upgrade its facilities so
that it can provide the same level of
service more efficiently using less
spectrum, requiring the incumbent to do
so falls within the Commission’s Title
III authority to modify a license. In other
words, a 60% reduction in spectrum
available to an incumbent space station
licensee—under the terms and
conditions specified herein that provide
the continuation of service throughout
and after a transition—would not
fundamentally change the overall nature
of the rights and privileges originally
6 City of Arlington v. FCC, 569 U.S. 290, 304
(2013).
7 Cellco P’ship v. FCC, 700 F.3d 534, 541–42 (D.C.
Cir. 2012) (D.C. Cir. 2012) (‘‘expansive powers’’),
quoting NBC v. United States, 319 U.S. 190, 216
(1943); see also NTCH, Inc. v. FCC,—F.3d—, 2020
WL 855465 at *6 (D.C. Cir. 2020).
8 47 U.S.C. 316(a)(1).
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granted under its license, and that the
action therefore falls within the
modification authority that Congress
intended to bestow upon the
Commission in granting this agency its
broad Section 316 authority.
122. Indeed, since MCI, courts have
examined various license modifications
that the Commission has ordered under
its Section 316 authority under the same
basic standard the Commission is
applying here—asking whether the
modifications have worked a
fundamental change in the nature of the
license, using as a touchstone whether
the licensee can still provide the same
basic service under the modified license
that it could prior to the modification.
This functional test does not apply an
arbitrary numerical limit on the amount
of spectrum that must be preserved
under a license. Thus, the C-Band
Alliance and Small Satellite Operators’
argument for applying such a test is
contrary to both case law and
Commission precedent.
123. Second, the Commission rejects
C-Band Alliance and the Small Satellite
Operators’ contention that, since they
will be foreclosed from transmitting to
earth stations below 4.0 GHz, their
licenses will be fundamentally altered.
To the extent their argument rests on the
potential foreclosure of the future
reception of their signals by registered
earth stations in the 3.7–4.0 GHz band,
the Commission finds that any harm is,
at best, speculative. The incumbent
space station licensees will retain
flexibility to expand their business
within the 4.0–4.2 GHz band after the
transition. With the deployment of
compression and other technologies,
this block is sufficient to at least serve
the licensees’ existing customers—
which is the relevant standard
governing the legality of a 316
modification—and may provide
flexibility to obtain additional
customers. The Commission notes that
the failure of the Small Satellite
Operators to demonstrate any significant
past, present, or future base of earth
station customers makes it reasonable to
assume that any opportunities they
might be losing as a result of the
Commission’s actions are, on a practical
level, de minimis. Moreover, the
opportunities they will have to continue
to serve existing customers and to
obtain new customers are sufficient to
support the Commission’s
determination that the modification the
Commission makes to their
authorizations does not constitute a
fundamental change. The Small Satellite
Operators have failed to demonstrate
their ability to lure existing customers
away from their contracts with other
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providers or to explain how they had
planned to obtain new customers,
including how they planned to compete
against the growing reliance on fiber
delivery services as a high-quality
substitute for satellite delivery.
124. Third, space station incumbents
will not incur any unreimbursed
reasonable expenses as a result of this
license modification. Under the rules
adopted here, the new C-band entrants
would pay for the cost of the
reconfiguration of all incumbent earth
stations, as well as reasonable relocation
costs associated with repacking FSS
operations into the upper portion of the
band. In sum, because the record
indicates that space station operators
will continue to be able to serve their
customers with essentially the same
services under very similar terms
following the license modification we
adopt today, and should not suffer any
interruption of service during the
repacking process, the Commission
concludes that any reduction in
spectrum access rights here will not
effect a ‘‘fundamental change’’ for these
companies under Section 316
precedent.9
125. The record in this proceeding,
which sought comment on this
question, supports this conclusion. The
Commission also rejects the argument
that, by modifying FSS space station
licenses to remove their authorization in
the lower 300 megahertz, the
Commission will establish a ‘‘dangerous
precedent about the FCC’s ability to
unilaterally devalue existing licenses.’’
First, it is unlikely that the
Commission’s decision to modify
incumbent licenses in a manner that
will allow them to continue to provide
service to their customers and reimburse
them for all of the relocation costs
associated with the transition will
appreciably devalue other, similarly
situated non-exclusive licenses.
According to SIA, the C-band satellite
industry has been able to realize a
return on their investments in the band
amounting to an estimated $340 million
in revenue per year. Given that
incumbent space station operators will
be fully reimbursed for the transition,
the Commission finds that they will be
able to continue to realize such returns
after they transition to the upper 200
megahertz of the band, and that the
actions the Commission takes here will
not have a chilling effect on potential
licensees going forward.
9 See Mobile Relay Assocs. v. FCC, 457 F.3d 1, 12
(D.C. Cir. 2006) (upholding the Commission’s
decision not to compensate a licensee for
hypothetical customer loss it might suffer as a result
of rebanding).
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126. Second, by their very nature,
these incumbent space station licenses
are fundamentally distinct, and easily
distinguishable, from the exclusive
geographic terrestrial licenses that the
Commission issues through competitive
bidding both in the rights conferred to
the licensees and the method by which
they are issued. Incumbent space station
licensees have non-exclusive access to
the band and did not obtain their
current licenses through competitive
bidding. Indeed, space station operators
with grants of market access did not
even have to pay an application fee to
receive their license and have not been
obligated to pay any regulatory fees as
a condition of the authorization. Thus,
unlike terrestrial licensees, incumbent
space station operators have no
expectation of exclusive access to a
particular spectrum band and incurred
no appreciable costs for use of this
valuable public resource beyond
investment in their own network. These
clear differences are more than
sufficient to distinguish incumbent
space station licenses from exclusive
terrestrial licenses and should reassure
terrestrial licensees that their license
rights will not be appreciably devalued
by our actions in this order.
127. What is more, satellite licensees
in this band can effectively reuse
spectrum at the same terrestrial location
without causing interference to
overlapping transmissions. This
effectively gives them more capacity
than the spectrum in their licenses
would provide without these
techniques, and this will continue to be
the case when they transition to the
upper 200 megahertz of the band. Space
station operators in the 3.7–4.2 GHz
band are authorized to use the entire
band exclusively at any orbital slot, but
non-exclusively in terms of geographic
coverage. Satellites operating in the Cband typically have 24 transponders,
each with a bandwidth of 36 megahertz.
Thus, the 24 transponders on a given
satellite provide capacity that is
equivalent to 864 megahertz of
spectrum, or 364 megahertz more than
the 500 megahertz currently available.
This is the result of spectrum reuse—
adjacent transponders overlap, and selfinterference is avoided by using
opposite polarizations. Today, multiple
FSS incumbents using satellites
deployed at different locations in the
geostationary orbit can transmit within
the same geographic boundaries over
different frequencies or polarizations.
After the transition, space station
operators will still be able to use the
same mechanisms to effectively achieve
more capacity than the spectrum in
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their licenses will provide. In addition,
they will be able to take advantage of
new technologies to improve spectral
efficiency (that will be implemented
and funded by the transition), such as
improved data compression and
modulation techniques to further
improve their spectral efficiency.
128. The Commission likewise rejects
the argument that a Section 316
modification of FSS space station
licenses to remove authorization in the
lower 300 megahertz would constitute
an unlawful ‘‘taking’’ under the Takings
Clause of the U.S. Constitution.
Commission licenses do not constitute a
property right. Section 301 of the Act
states that Commission licenses
‘‘provide for the use of [radio] channels,
but not the ownership thereof, by
persons for limited periods of time.’’
Section 304 of the Act requires licensees
to waive ‘‘any claim to the use of any
particular frequency or of the
electromagnetic spectrum as against the
regulatory power of the United States
because of the previous use of the same,
whether by license or otherwise.’’
Courts have generally affirmed that
spectrum rights are not property rights
subject to the Takings Clause.10 The
plain language of the Act makes clear
that a spectrum license is just that—a
license to use spectrum—not a deed of
ownership. The mere existence of
Section 316 authority to modify
licenses, including by removing
authorization to operate on certain
frequencies, makes clear that a
Commission license is not an absolute
property right to which the Takings
Clause might apply.
129. Furthermore, even if FSS space
station authorizations conferred
cognizable property rights, which they
do not, the license modification the
Commission adopts in this Report and
Order would not amount to a taking. A
regulatory taking occurs ‘‘where a
regulation denies all economically
beneficial or productive use’’ of the
property.11 The Commission agrees that,
‘‘because C-band satellites will still have
significant economic benefit for the
duration of their authorizations despite
the C-band transition, the potential for
a regulatory taking is significantly
diminished.’’ The U.S. Supreme Court
10 See, e.g., NextWave Pers. Commc’ns, Inc., 200
F.3d 43, 51 (2d Cir. 1999), cert. denied, 531 U.S.
924 (2000) (citing 47 U.S.C. 301 (the purpose of the
Communications Act is to ‘‘to provide for the use
of [radio] channels, but not the ownership
thereof’’)).
11 See Lucas v. South Carolina Coastal Council,
505 U.S. 1003, 1015 (1992); Agins v. City of
Tiburon, 447 U.S. 255, 260–61 (1980) (balancing the
property owner’s economic losses and lost
reasonable investment-backed expectations against
the character of the government action).
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has explained that a taking is not readily
found where ‘‘interference arises from
some public program adjusting the
benefits and burdens of economic life to
promote the common good.’’ 12 Here, by
the space station operators’ own
admission, they will be able to continue
to provide service to their existing
customers after the transition, and the
Commission adopts rules ensuring that
incumbent FSS licensees are made
whole for any costs they incur as a
result of the transition. The
Commission’s modification of
incumbent FSS licenses therefore does
not amount to a taking under the U.S.
Constitution.
130. Clearing Earth Station
Operations.—Finally, the Commission’s
public interest analysis for transitioning
the 3.7–3.98 GHz band to flexible use
and reserving the 3.98–4.0 GHz band as
a guard band extends to incumbent
earth stations. The Commission
reiterates its finding above that earth
station registrants are not licensees. The
Commission issues licenses pursuant to
its authority under Title III of the Act,
which requires a license for ‘‘the
transmission of energy, or
communications or signals by radio.’’
The Commission has long concluded
that, because receive-only earth stations
do not transmit, they do not require a
license under Section 301 of the Act. In
adopting rules providing for earth
station registrants to receive interference
protection through voluntary
coordination, the Commission has done
so under its Title I ancillary authority to
its ‘‘other regulatory responsibilities to
maximize effective use of satellite
communications’’ over which the
Commission has express Title III
authority, including its Section 301
licensing and conditioning authority
and its Section 303 authority to regulate
radio transmissions in various specified
ways, and made clear that a receive-only
earth station registration does not confer
a license. While Section 316 governs the
Commission’s modification of licenses,
the Commission is not required by the
Act to license receive-only earth stations
and has found that it is not in the public
interest to do so. The Commission has
therefore relied on its ancillary
authority to administer a registration
regime for these stations, which it has
an ongoing responsibility to modify as
appropriate to ensure that it remains
consistent with its regulation in the
12 Penn Central Transportation Co. v. New York
City, 438 U.S. 104, 124 (1978) (citing Pennsylvania
Coal Co. v. Mahon, 260 U.S. 393, 413 (1991)
(‘‘[g]overnment hardly could go on if to some extent
values incident to property could not be diminished
without paying for every such change in the general
law’’)).
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public interest of the licensed satellite
stations. As an exercise of that
responsibility, the Commission is thus
modifying the earth station registrations
to comport with the C-band
reconfiguration it is ordering herein, by
limiting the frequencies on which these
earth stations may receive interference
protection to the upper 200 megahertz
of C-band spectrum.
131. A relatively small number of
earth stations that receive in the 3.7–4.2
GHz band are licensed to transmit in
another band (i.e., licensed transmitreceive earth stations). That license to
transmit does not provide the earth
station operator with the right to
transmit in the C-band, where they hold
no ‘‘licensed spectrum usage rights.’’ To
the extent earth stations have licenses to
transmit in another band, the
Commission finds that it has ample
authority to propose to modify their
authorizations to eliminate their
interference protection rights in the
lower 300 megahertz of the band, once
cleared of satellite operations under the
Commission’s Section 316 authority.
Like with the space station operators,
this proposed modification does not
effect a fundamental change because
earth stations will continue to receive
the same level of service (from satellite
providers operating in the upper 200
megahertz of the band) and will remain
able to provide the same services to
their own customers as before their
registration or license modification.
132. New Earth Stations.—On April
19, 2018, the staff released the Freeze
and 90-Day Earth Station Filing Window
Public Notice (83 FR 35454, July 26,
2018), which froze applications for new
or modified earth stations in the 3.7–4.2
GHz band to preserve the current
landscape of authorized operations
pending action as part of the
Commission’s ongoing inquiry into the
possibility of permitting mobile
broadband use and more intensive fixed
use of the band through this proceeding.
Given its decision to limit FSS
operations in the 3.7–4.0 GHz band in
the contiguous United States but not
elsewhere, the Commission converts the
freeze for new FSS earth stations in the
3.7–4.0 GHz band in the contiguous
United States into an elimination of the
application process for registrations and
licenses for those operations, and the
Commission lifts the freeze for new FSS
earth stations in the 3.7–4.2 GHz band
outside of the contiguous United States
as of the publication date of the Report
and Order.
133. The Commission revises the part
25 rules such that applications for 3.7–
4.0 GHz band earth station licenses or
registrations in the contiguous United
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States will no longer be accepted.
Several commenters support
permanently limiting eligibility to file
applications for earth station licenses or
registrations to incumbent earth
stations. The Commission finds that
limiting, as described, the registration of
new earth stations in spectrum being
transitioned to primary terrestrial use
will provide a stable spectral
environment for more intensive
terrestrial use of 3.7–3.98 GHz and
facilitate the rapid transition to
terrestrial use.
134. With respect to registered
incumbent earth stations that are
transitioned to the 4.0–4.2 GHz band,
the Commission will permit these earth
stations to be renewed and/or modified
to maintain their operations in the 4.0–
4.2 GHz band. The Commission will
not, however, accept applications for
new earth stations in the 4.0–4.2 GHz
portion of the band for the time being,
during this transition period.
135. New Space Station Operations.—
Consistent with its decision to continue
to permit satellite operations in the
upper 200 megahertz of the C-band, the
Commission modifies its proposal to
revise the rules to codify the
International Bureau’s June 21, 2018
freeze. Specifically, the Commission
revises its rules to prohibit new
applications for space station licenses
and new petitions for market access
concerning space-to-Earth operations in
the 3.7–4.0 GHz band in the contiguous
United States. Outside the contiguous
United States for the 3.7–4.2 GHz band
and nationwide for the 4.0–4.2 GHz
band, these revisions do not apply. For
the contiguous United States, allowing
new satellite space station applicants to
claim access to the 4.0–4.2 GHz FSS
band could complicate the transition
process. Accordingly, the Commission
will continue the freeze on new
applicants until the transition is
completed, which will allow incumbent
space station operators the flexibility to
launch additional satellites to achieve
an efficient transition to the upper
portion of the band. Once the transition
is completed, the International Bureau
is directed to release a public notice
announcing that the freeze is lifted.
136. Several terrestrial wireless
operators support limiting new space
station operations as proposed by the
Commission. The Commission finds its
approach strikes the appropriate balance
between not allowing new space station
applicants to claim access to the band
to complicate the transition process and
providing incumbent space station
operators the flexibility to launch
additional satellites to achieve an
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efficient transition to the upper portion
of the band.
3. Transition Schedule
137. Consistent with the Emerging
Technologies framework, the
Commission finds a mix of carrots and
sticks best accommodates the need to
clear FSS operations out of the lower
300 megahertz as quickly as possible to
facilitate new terrestrial, flexible-use
operations and the need to preserve the
content distribution ecosystem now
contained in the C-band. Given the
disagreements in the record on how
long the transition will take, the
Commission finds that a multi-stage
transition that offers both positive
incentives to operators for clearing early
as well as negative incentives for
operators that fail to clear by the end of
the sunset period will best serve these
goals.
138. The Commission establishes a
Relocation Deadline of December 5,
2025 to ensure that all FSS operations
are cleared in a timely manner, as well
as two Accelerated Relocation
Deadlines—a Phase I deadline of
December 5, 2021 and a Phase II
deadline of December 5, 2023—for
incumbent space station operators that
voluntarily relocate on an accelerated
schedule (with additional obligations
and incentives for such operators). And
the Commission sets forth the
consequences for meeting or failing to
meet these deadlines.
139. In the NPRM, the Commission
sought comment on reasonable
benchmarks for incumbent space station
operators to clear and make C-band
spectrum available for flexible use to
ensure a timely transition process.
Recognizing that spectrum would likely
be cleared incrementally over the course
of the full clearing process, the
Commission sought comment on
appropriate periodic reporting
requirements, as well as any procedural
safeguards or penalties that may be
necessary if the transition facilitator is
unable to clear the spectrum within the
designated clearing time period.
140. The record is divided on how
long it will take to clear the lower 300
megahertz for terrestrial operations and
relocate incumbent space station
operators and incumbent earth stations
to the upper 200 megahertz. In the
context of proposing a private sale, the
C-Band Alliance states that it could
clear and repack enough satellite
transponders to make 280 megahertz of
spectrum available for 5G use in the
contiguous United States within 36
months of such a sale in a two-step
process. First, within 18 months of
Commission action in this proceeding,
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the C-Band Alliance would be able to
clear 120 megahertz in 46 of the top 50
PEAs. The C-Band Alliance claims it
could achieve this benchmark without
the need to launch new satellites. To
achieve this, the C-Band Alliance
proposes to provide passband filters to
all earth stations that potentially may be
affected by wireless terrestrial
operations anywhere within the PEA,
including earth stations that are outside
of, but near enough to, the PEA to
experience harmful interference.
Second, within 36 months of its private
sale, the C-Band Alliance would be able
to clear the remaining PEAs for the first
120 megahertz, as well as an additional
180 megahertz throughout the
contiguous United States. Space station
operators that are not members of the CBand Alliance support a rapid transition
of C-band spectrum and have put forth
similar transition timelines to those
proposed by the C-Band Alliance.
Eutelsat supports the 18- and 36-month
timelines proposed by the C-Band
Alliance, and states that, with diligent
effort from all interested parties, an
auction could commence in 2020, with
transition milestones for the release of
100 megahertz and 300 megahertz of
spectrum for flexible use at the end of
2021 and 2023, respectively. The Small
Satellite Operators agree that 300
megahertz of C-band spectrum could be
made available for 5G within 18 to 36
months through the use of nonproprietary, readily available
compression technology. And other
commenters agree that the proposed 18month and 36-month timelines are
attainable if all stakeholders’ incentives
are properly aligned.
141. Some commenters express
skepticism that a transition of FSS
operations can be accomplished under
the timelines proposed by the C-Band
Alliance. Meanwhile, users of FSS
services like broadcasters simply
caution that the transition will be
enormous and complex.’’
142. Given that the members of the CBand Alliance and Eutelsat manage
most of the C-band satellite traffic today
and are the most knowledgeable parties
about their operations in the C-band, the
Commission is inclined to give the CBand Alliance and Eutelsat the
opportunity to make good on their
claims that they can relocate existing Cband operations into the upper 200
megahertz quickly and to provide
incentives for them to do so. The
Commission nonetheless recognizes that
the transition may take longer than the
C-Band Alliance and Eutelsat claimed
was necessary as a technical matter.
Given the reasoned skepticism of many
in the record and our own agreement
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with commenters that this transition
will be an enormous and complex task,
the Commission adopts a somewhat
longer Relocation Deadline of five years
to ensure the protection of incumbent
earth stations should the transition take
longer than the C-Band Alliance has
forecast.
143. Specifically, the Commission
concludes that a Relocation Deadline of
December 5, 2025 is in the public
interest. In particular, the Commission
finds that the December 5, 2025
transition date strikes a fair and
appropriate balance between bringing Cband spectrum to market and ensuring
space station operators, earth station
operators, and other stakeholders have
the necessary time to complete this
transition in a careful, fair, and costeffective manner. This date ensures this
spectrum will be made available for
flexible use, while guaranteeing that
vital television and radio services
currently provided using the C-band
will continue operating without
interruption, both during and after the
transition.
144. FSS operations in the C-band are
critical to the delivery of television and
radio programming, as well as many
other services, for tens of millions of
Americans, and it is in the public
interest to ensure that these services are
not disrupted. Given this, it is in the
public interest to avoid sunsetting FSS
operations before all services can be
transitioned fully out of this part of the
band. And the Commission finds that,
even with the uncertainties in the
record, a transition period through
December 5, 2025 will be sufficient to
ensure continued operations throughout
the contiguous United States and the
relocation of stations to the upper 200
megahertz of the band.
145. In setting the Relocation
Deadline, the Commission must also
account for the costs to the American
public from delays in freeing up this
important mid-band spectrum for
terrestrial use, including for 5G. The CBand Alliance itself has claimed that
‘‘[e]ach year of [delaying the
deployment of C-band spectrum for
flexible use] is value lost forever—here,
about $50 billion or more per year in
consumer surplus.’’ Whatever the merits
of that particular valuation, the
Commission agrees that delaying the
transition of this spectrum longer than
necessary will have significant negative
effects for the American consumer and
American leadership in 5G. The
Commission thus finds that because a
2025 deadline is sufficient to relocate
existing FSS operations, it is imperative
we set the Relocation Deadline no later
than 2025 so that we do not delay the
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use of this valuable public resource any
longer than necessary.
146. The Commission notes that a
five-year Relocation Deadline is wholly
consistent with our precedent and past
spectrum transitions. The Commission
has overseen several complex
transitions in other bands, involving
thousands of authorized entities with
diverse operational needs, customer
bases, and technical requirements.
Recent transition timelines have been as
short as 39 months—such as in the
Broadcast Incentive Auction—or longer
than fourteen years—as in the 800 MHz
transition.
147. In the 800 MHz Order, the
Commission repacked portions of the
800 MHz band to address a growing
problem of harmful interference to 800
MHz public safety communication
systems caused by the inherent
incompatibility of those systems with
high-density commercial wireless
systems when situated in an
increasingly congested, interleaved
spectral environment. The 800 MHz
repack has taken over fourteen years to
complete, due to the need to ensure
public safety transmissions are not
disrupted. In contrast, the Commission
expects the transition after the
Broadcast Incentive Auction, which
involves repacking full power and Class
A television broadcast facilities, will
take only 39 months. The Broadcast
Incentive Auction, authorized by
Congress, sought to reallocate spectrum
used by TV broadcasters in order to
provide new spectrum to be used for
next generation wireless services. TV
broadcasters, who previously used
portions of spectrum above Channel 37,
ranging from 614 MHz to 698 MHz,
were assigned to a channel ranging from
Channel 2 to Channel 36, consisting of
the VHF low band (between Channel 2
and Channel 6), the VHF high band
(between Channel 7 and 13), and the
UHF band (between Channel 14 and 36).
Additionally, some TV broadcasters
operating in channels below Channel 37
were relocated to other channels below
Channel 37.
148. The Commission sees this
transition as more analogous to the
Broadcast Incentive Auction repacking
than it is to the 800 MHz transition.
Here, unlike the 800 MHz transition,
public safety services are not at stake
and—although incumbent operations
will be protected throughout the
transition—moving FSS transmissions
will not require the careful incremental
adjustments required in the 800 MHz
repack. As a result, repacking FSS
transmission will not need as much
time as has been needed for the repack
of the 800 MHz band. However, the
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Commission also believes that the Cband transition may take longer than the
Broadcast Incentive Auction, as this
transition will involve a variety of
different and complex elements that
may require a longer transition timeline.
For example, the transition here will
likely require the design, construction,
launch, and deployment of additional
new satellites. Additionally, that
transition involved only 987 TV licenses
and not communications and
coordination among and reimbursement
to thousands of satellite and earth
station stakeholders.
149. C-band space station operators
do not have direct contractual
relationships with many of the earth
stations that receive their service
transmissions and, as such, it may take
additional time and effort to ascertain
which FSS earth stations receive
content from each incumbent space
station operator and to assign
responsibility for clearing each earth
station. Regardless, the incumbent space
station operators are in the best position
to expeditiously transition this band to
flexible use service and we note that
they have already made significant
progress in identifying earth stations
and developing transition plans.
150. Despite having claimed it can
complete the transition in three years,
the C-Band Alliance has recently
suggested that Commission precedent
could require a 10-year (or greater)
deadline for relocation under the
Emerging Technologies precedent. The
Commission disagrees. The Commission
acknowledges that the Commission can
and has set a 10-year deadline before,
for example, when it relied on the
Emerging Technologies framework to
transition terrestrial fixed service
licensees relocating from the 18.58–18.8
GHz and 18.8–19.3 GHz bands, to the
17.7–18.3 GHz band, in addition to
allowing operations in the 18.3–18.58
GHz and 19.3–19.7 GHz bands on a coprimary basis. But in doing so, the
Commission expressly found that, based
on the circumstances before it, a sunset
period of ten years for continued coprimary status of existing terrestrial
fixed stations was an appropriate
compromise that will allow these
systems to continue to operate in these
bands, while giving FSS interests the
option to pay the cost of relocating such
systems if FSS interests want to deploy
operations in those areas before the 10year sunset. But just because the
Commission determined a ten-year
transition was appropriate under one set
of facts does not mean that a ten-year
sunset period is appropriate or
necessary for clearing the C-band. And
the C-Band Alliance fails to
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acknowledge that involuntary relocation
procedures became available after only
two years in the precedent it cites—so
no incumbent was ‘‘entitled’’ to a tenyear transition.
151. Accelerated Relocation.—The
Commission also adopts two
Accelerated Relocation Deadlines—a
Phase I deadline of December 5, 2021
and a Phase II deadline of December 5,
2023—for incumbent space station
operators that voluntarily relocate on an
accelerated schedule (with additional
obligations and incentives for such
operators). The Commission will
provide an opportunity for accelerated
clearing by space station operators by
making them eligible for accelerated
relocation payments, if those space
station operators are able to meet certain
early clearance benchmarks for the
band.
152. The Commission also finds that
adopting rules to provide for
Accelerated Relocation Deadlines, with
incentives for eligible space station
operators that voluntarily relocate
according to an accelerated schedule,
will promote the rapid introduction of
a significant tranche of C-band spectrum
by leveraging the technical and
operational knowledge of space station
operators, aligning their incentives to
achieve a timely transition, and
enabling that transition to begin as
quickly as possible. It is undisputed in
the record that eligible C-band space
station operators are in a unique
position to quickly clear a significant
portion of this band spectrally by using
satellite grooming to repack existing
services into the upper portion of the
band. Thus, under this scenario, the
clearing process would begin much
sooner and proceed at a more rapid pace
in the years following release of this
Report and Order than if the
Commission relied on the December 5,
2025 sunset date as the sole means of
incentivizing space station operators to
make C-band spectrum available for
flexible use.
153. Specifically, eligible space
station operators will have the option to
clear according to the following
accelerated clearing timeline: (1)
Clearing 100 megahertz (3.7–3.8 GHz)
by December 5, 2021, and (2) clearing
the remaining 180 megahertz (3.8–3.98
GHz) by December 5, 2023. To satisfy
the early clearing benchmarks, space
station operators would be required to
clear an additional 20 megahertz by the
end of the clearing period to be used as
a guard band to protect FSS users that
will continue to operate in the upper
portion of the band.
154. In order to satisfy the Phase I
Accelerated Relocation Deadline, a
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space station operator must repack any
existing services and relocate associated
incumbent earth stations throughout the
contiguous United States into the upper
380 megahertz of the C-band (3820–
4200 MHz) and must also provide
passband filters to block signals from
the 3700–3820 MHz band to associated
incumbent earth stations in 46 of the top
50 PEAs by December 5, 2021. To satisfy
the Phase II Accelerated Relocation
Deadline, a space station operator must
repack any existing service and relocate
associated incumbent earth stations
throughout the contiguous United States
into the upper 200 megahertz of the Cband (4.0–4.2 GHz), and provide
passband filters to block signals from
the 3700–4000 MHz band to all
associated incumbent earth stations in
the contiguous United States by
December 5, 2023. In both instances, the
space station operator must not
knowingly cause the incumbent earth
stations that receive its transmission to
temporarily or permanently lose service
during or after the transition and must
take all steps necessary to allow
incumbent earth station operators to
continue to receive substantially the
same service during and after the
relocation that they were able to receive
before the transition.
155. As discussed below, a space
station operator must coordinate with
relevant earth station operators to
perform any necessary system
modifications, repointing, or retuning to
receive transmissions that have been
migrated to frequencies on new
transponders or satellites, and must
ensure that any incumbent earth
stations currently receiving in the
bottom 300 megahertz are able to
continue receiving those services once
they are transitioned to the upper
portion of the band.
156. Payments and Penalties Related
to the Deadlines.—Incumbent space
station and earth station operators that
clear their existing services from the
lower 300 megahertz by the Relocation
Deadline shall be eligible for
reimbursement of their reasonable costs
to transition.
157. In addition to reimbursement for
their relocation costs, incumbent space
station operators that satisfy the
Accelerated Relocation Deadlines shall
be eligible to receive an Accelerated
Relocation Payment. A space station
operator that elects to accept the
Accelerated Relocation Payment for
satisfying the Phase I Accelerated
Relocation Deadline must also commit
to complete the transition of the full 300
megahertz by the Phase II clearing
deadline. If a space station operator fails
to satisfy either the Phase I or Phase II
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deadline, it will not be eligible for the
portion of the accelerated relocation
payment attributable to the deadline
that it missed.
158. Space station operators that fail
to clear their existing services from the
lower 300 megahertz by the final
Relocation Deadline will not receive
reimbursement for their reasonable
relocation costs or any additional
Accelerated Relocation Payments, and
will also be subject to penalties for their
failure to timely clear. Radio
transmissions must be authorized by the
FCC pursuant to Section 301, and
transmissions sent by space station
operators after the Relocation Deadline
established above would be
unauthorized and a violation of Section
301. Unauthorized transmissions by
incumbent space station operators in
violation of Section 301 can result in the
imposition of sanctions by the FCC on
such operators, including forfeiture
penalties. Thus, after the Relocation
Deadline, a space station operator which
continues to operate in the 3.7–4.0 GHz
band with the willful purpose of
transmitting to earth stations within the
contiguous United States, both
registered and unregistered, would be
‘‘operat[ing] without an instrument of
authorization for the service’’ and
potentially subject to forfeitures and
other sanctions.
159. While the Commission will
review any potential violations on a
case-by-case basis, unauthorized
satellite transmissions to earth stations
could result in forfeitures based on each
unauthorized satellite operation, each
unauthorized earth station operation, or
each day of unauthorized operation of
such satellites and earth stations. There
are approximately 20,000 registered
earth stations in the contiguous U.S.,
and some space station operators—some
of whom transmit from multiple
satellites—transmit to thousands of
earth stations in the contiguous U.S. A
space station operator operating in
violation of its authorization could be
assessed a separate violation on a daily
basis for each earth station to which
they willfully transmit and for each
satellite from which the unauthorized
transmission is sent. Alternatively, the
Commission may consider each discrete
transmission between a satellite and
earth station a violation, resulting in a
penalty for each of those unauthorized
transmissions. Operation without an
instrument of authorization for the
service carries a base forfeiture of
$10,000 per violation.
160. The Commission’s rules allow it
to adjust forfeiture penalties upward
according to a set of criteria.
Specifically, in exercising its forfeiture
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authority, the Commission must
consider the ‘‘nature, circumstances,
extent, and gravity of the violation and,
with respect to the violator, the degree
of culpability, any history of prior
offenses, ability to pay, and such other
matters as justice may require.’’ In
addition, the Commission has
established forfeiture guidelines, under
which the Commission may adjust a
forfeiture upward for violations that are
egregious, intentional, or repeated, or
that cause substantial harm or generate
substantial economic gain for the
violator. Thus, the Commission could
potentially upwardly adjust the
forfeiture penalties for space station
operators if it found that a space station
operator’s misconduct merited an
increase in penalties.
4. Relocation and Accelerated
Relocation Payments
161. Under the framework the
Commission adopts to facilitate a public
auction of 280 megahertz of C-band
spectrum, new overlay licensees must
pay their share of relocation and
accelerated relocation payments to
reimburse incumbents for the
reasonable costs of transitioning out of
the lower 300 megahertz of the C-band
in the contiguous United States. In this
section, the Commission explains its
authority to require such payments,
explains what relocation costs are
compensable, estimates the total
relocation payments, establishes the
accelerated relocation payments
available to incumbent space stations
that elect for an accelerated transition
and meet those deadlines, and explains
what share of the costs each overlay
licensee will bear.
162. Authority to Require Payments.—
The Commission finds that incumbent
space station operators and incumbent
earth station operators that must
transition existing services to the upper
portion of the band should be
compensated for the costs of that
transition. Because winning bidders will
benefit from use of the spectrum, the
Commission will condition their
licenses on making all necessary
relocation and accelerated relocation
payments before they are allowed to
deploy in the spectrum made available
for flexible use.
163. The Commission’s broad
spectrum management and licensing
authority under Section 303 provides it
with the ability to ‘‘[m]ake such rules
and regulations and prescribe such
restrictions and conditions, not
inconsistent with law, as may be
necessary to carry out the provisions of
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this [Act.]’’ 13 The Commission has
repeatedly used this authority to impose
conditions on new licensees, including
buildout conditions, public safety
obligations, and obligations to facilitate
the transition of incumbents out of the
spectrum at issue before commencing
operations.
164. The Commission’s authority to
require new licensees to make
relocation payments to incumbents is
well established. Starting in 1992, the
Commission adopted a series of rules
(known as the Emerging Technologies
framework) to enable new licensees to
enter into voluntary or mandatory
negotiations with incumbent operators
to clear a spectrum band after which,
failing an agreement, the new entrant
could involuntarily clear incumbent
operations by expressing its intent to
commence operations in that band and
paying for all reasonable relocation
costs. For example, in 2000, the
Commission, recognizing that new
licensees in a band might be unable to
design their systems to avoid
interference from incumbent stations,
adopted a relocation reimbursement
process to ‘‘afford[ ] reasonable
flexibility’’ for those new licensees ‘‘to
roll out their operations in a timely and
economic manner.’’ Similarly, in 2006,
the Commission established procedures
for the relocation of Broadband Radio
Service and Fixed Microwave Service
operation and further adopted costsharing rules to identify the
reimbursement obligations for new
entrants benefitting from the relocation
of those incumbent services.
165. Notably, the Commission has
taken a flexible approach in applying
the Emerging Technologies framework,
tailoring the particular obligations on
incumbents and new licensees to suit
the circumstances. And so, for example,
the Commission has imposed costsharing obligations on incoming
licensees to insure that relocation
expenses would be borne by all new
licensees that would benefit from such
clearing—even if one such licensee were
to take lead in working with incumbents
to facilitate speedier clearing. Indeed, in
2013, the Commission adopted a costsharing mechanism for winning bidders
to reimburse the entities that had
previously cleared incumbents from the
band.
166. Courts have upheld the
Commission’s use of this authority. In
1996, the U.S. Court of Appeals for the
D.C. Circuit upheld the Commission’s
repeal of an exemption, which had
previously shielded public safety
licensees from a relocation regime in
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which new licensees would pay all
costs associated with relocating
incumbents to comparable facilities.14
The court found that the Commission
had ‘‘adequately articulated a reasoned
analysis based on studies and comments
submitted during the rulemaking
process’’ that justified its decision to
require all incumbent licensees,
including public safety licensees, to
mandatory relocation. In the 2001
Teledesic case, the D.C. Circuit, in
affirming the Commission’s authority to
adopt such relocation compensation
mechanisms, noted that the
Commission’s ‘‘consistent policy has
been to prevent new spectrum users
from leaving displaced incumbents with
a sum of money too small to allow them
to resume their operations at a new
location.’’ 15 The court observed that it
previously had approved aspects of a
similar relocation scheme, in a decision
upholding the elimination of an
exemption for public safety incumbents
from a relocation regime in which new
licensees would pay all costs associated
with relocating incumbents to
comparable facilities.
167. That same authority also allows
the Commission to require overlay
licensees to make accelerated relocation
payments—payments designed to
expedite a relocation of incumbents
from a band. The Commission starts
again with the Emerging Technologies
framework, in which the Commission
expressly allowed new licensees to
make relocation payments separate and
above relocation expenses ‘‘as an
incentive to the incumbent to locate
quickly.’’ For example, in reallocating
certain bands for PCS operations in the
1990s, the Commission provided that
incoming licensees could offer
‘‘premium payments or superior
facilities, as an incentive to the
incumbent to relocate quickly.’’ Ten
years later, the Commission expressly
authorized incentive payments to
incumbent operators to expedite
clearing. In those transitions, the
Commission found that such
acceleration agreements not only
benefitted both entrants and
incumbents, but, more importantly,
served the public interest by
significantly expediting transitions to
flexible use.
168. Given the significant public
interest benefits of clearing terrestrial,
mid-band spectrum more quickly,
which would bring next-generation
14 Ass’n of Public Safety Communications
Officials-Int’l, Inc. v. FCC, 76 F.3d 395, 397, 400
(D.C. Cir. 1996).
15 Teledesic LLC v. FCC, 275 F.3d 75, 84–86 (D.C.
Cir. 2001).
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services like 5G to the American public
years earlier and help assure American
leadership in the 5G ecosystem, the
Commission finds that requiring overlay
licensees to make accelerated
relocations is in the public interest. The
Commission starts by noting the
significant benefits of accelerating a
transition of this spectrum. Studies in
the record indicate that licensing midband spectrum will lead to substantial
economic gains. Economist Jeffrey
Eisenach points to ‘‘consumer welfare
gains from rapid allocation of C-band
spectrum to mobile broadband carriers,’’
and he estimates that the ‘‘annual
increase in consumer surplus is
approximately equal to the total amount
paid by the purchasers.’’ Eisenach also
notes that ‘‘for every year of delay’’ in
making the C-band spectrum available,
‘‘consumer welfare is reduced by $15
billion.’’ Similarly, Coleman Bazelon
estimates that just one year of delay in
transitioning the spectrum would
reduce the value of repurposing the Cband by between 7% and 11%. Noting
that the ‘‘economic value of spectrum is
only a fraction of its total social value,
the Brattle Group notes that ‘‘every $1
billion in delay costs would create total
social costs of $10 billion to $20
billion.’’ These studies underscore the
importance of incentivizing incumbents
to clear the band for 5G use as quickly
as possible.
169. Next, the Commission finds that
simply allowing overlay licensees to
negotiate with incumbent space station
operators and incumbent earth station
operators for an expedited departure
from the band likely would prove
ineffective in ensuring a speedy
transition. First, incumbent space
station operators face holdout problems.
The complex nature of spectrum-sharing
in the band (including the nonexclusive, non-terrestrially-bound, full
band, full arc transmission rights held
by each incumbent space station
operator) poses one hurdle, since
persuading a single operator to
accelerate relocation may have no
impact on expedited clearing of the
band because other operators have not
relocated (for example, a single
incumbent earth station operator may
have multiple earth stations clustered
together, each pointing at a different
satellite owned by a different incumbent
space station operator). Because of this
regulatory structure, each incumbent
space station operator has strong
incentives to holdout to extract a
disproportionate premium for its
participation. Second, overlay licensees
face free rider problems. If one flexibleuse licensee pays to clear a single PEA
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(let alone the contiguous United States),
other licensees could benefit
significantly from the clearing without
paying their fair share. Third, numerous
coordination problems exist.
Transitioning the C-band satellite
ecosystem to the upper part of the band
will require communication and
coordination with a large and diverse
group of entities with different interests,
including multiple incumbent space
station operators and thousands of
incumbent earth stations. Fourth, to
meet the clearing deadlines set by the
Commission and, in so doing, maximize
the economic and social benefits of
providing spectrum for next generation
wireless services, space station
operators will need to begin the clearing
process immediately. To accomplish an
early transition via negotiation,
however, the satellite licensees would
need to know the identities of each of
the overlay licensees in the band and
those will not be known until after the
completion of the auction, sometime in
2021. Thus, relying solely on individual
negotiations between licensees to
accomplish earlier transition would be
incompatible with the clearing
deadlines established by the
Commission.
170. Based on the unique
circumstances of the band, the
Commission therefore finds that it
would best serve the public interest,
consistent with the Emerging
Technologies framework, to condition
new licenses on making acceleration
payments to satellite incumbents that
voluntarily choose to clear the band on
an expedited schedule. Like relocation
payments, the Commission finds that
requiring such mandatory payments is
both in the public interest and within
our Title III authority.
171. The Commission finds its
decision to require new terrestrial
licensees to pay relocation costs is
broadly supported by the record.
Commenters overwhelmingly urge the
Commission to require new licensees to
reimburse incumbents’ costs to clear the
band for flexible use.
172. Commenters also agree that it is
appropriate to require new terrestrial
licensees to make additional payments
above relocation costs to incumbents
that clear on accelerated timelines.
173. The vast majority of stakeholders
that have submitted filings in the record
on this issue agree that the Commission
has the authority to require the new
flexible use licensees both to pay the
relocation costs of the incumbent space
station operators and to make an
accelerated relocation payment when
certain conditions are met. The
Commission’s long practice of
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permitting voluntary relocation
payments was affirmed by the D.C.
Circuit in Teledesic. In the proceeding
underlying that decision, the
Commission followed its Emerging
Technologies precedent and adopted
rules that allowed new licensees to
compel incumbents to relocate from the
18 GHz band and required such
licensees to negotiate with incumbents
prior to requiring them to leave the band
and to pay reasonable relocation
expenses. The SSOs similarly agree that
the Commission’s exercise of its general
Title III authority to condition wireless
licenses would include a mandatory
acceleration payment and would
constitute a reasonable extension of the
Commission’s Emerging Technologies
precedent. Still other reports focus on
the value of accelerating the clearing of
this band. Coleman Bazelon estimates
that a one year of delay in transitioning
the spectrum would reduce the
economic value of repurposing this
band by between 7% and 11%.
Additionally, Bazelon highlights the
importance of consumer surplus, or
social value, associated with accelerated
clearing. He notes that ‘‘every $1 billion
in delay costs would create total social
costs of $10 billion to $20 billion.’’
Similarly, Dr. Eisenach, citing a study
by Hazlett and Munoz, states that the
‘‘annual increase in consumer surplus is
approximately equal to the total amount
paid by the purchasers.’’
174. Some commenters argue that the
Communications Act prohibits the
Commission from requiring overlay
licensees to make accelerated relocation
payments because Section 309(j) of the
Act requires that ‘‘all proceeds from the
use of a competitive bidding system
under this subsection shall be deposited
in the Treasury.’’ The Commission
disagrees that this statutory provision
would preclude such relocation
payments. Under the rules the
Commission adopts, all proceeds from
the public auction will indeed be
deposited in the Treasury in accordance
with the requirements of the Act. By
contrast, accelerated relocation
payments are not ‘‘proceeds’’ of the
auction. Instead, they will flow from the
new licensees to the incumbents. This is
precisely the arrangement that courts
have upheld in the Emerging
Technologies framework, and precisely
the framework that allows us to require
incumbents to make any relocation
payments. The Commission does not
read OTI as arguing that all relocation
payments are prohibited—doing so
would significantly hinder the
Commission’s work to manage spectrum
in the public interest in a variety of
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bands and contexts (and would
contradict the clear line of judicial
precedent that has affirmed the
Commission’s authority to require such
payments). And we cannot see why the
language of Section 309(j) should treat
one form of relocation payment as
proceeds but not another, so long as all
are tied to facilitating the swift and
efficient transition of incumbents out of
the band.
175. Some parties argue that earth
station operators should receive
accelerated relocation payments in
exchange for expedited clearing as well.
The Commission finds such arguments
unavailing. Based on the record, the
Commission anticipate that clearing any
given incumbent earth station will be a
relatively quick process—and will take
far less time than the deadlines we
establish for the transition. Instead, it is
the fact that incumbent space station
operators must account for the
operational logistics of hundreds if not
thousands of incumbent earth stations
that make the overall transition
significantly longer than it would take
to transition a single earth station. And
indeed, the Commission already
requires incumbent space station
operators that elect Accelerated
Relocation to take upon themselves
responsibility for transitioning all
incumbent earth station operators that
receive their services—they must
coordinate with incumbent earth station
registrants to perform any necessary
system modifications, repointing, or
retuning to receive transmissions that
have been migrated to the upper portion
of the band. The Commission thus finds
that incumbent earth station operators
can and will transition in a timely
manner without the need for accelerated
relocation payments.
176. Compensable Relocation Costs.
The Commission next sets forth
guidelines for compensable costs, i.e.,
those reasonable relocation costs for
which incumbent space station
operators and incumbent earth station
operators can seek reimbursement.
Consistent with Commission precedent,
compensable costs will include all
reasonable engineering, equipment, site
and FCC fees, as well as any reasonable,
additional costs that the incumbent
space station operators and incumbent
earth station operators may incur as a
result of relocation.
177. The Commission expects
incumbents to obtain the equipment
that most closely replaces their existing
equipment or, as needed, provides the
targeted technology upgrades necessary
for clearing the lower 300 megahertz,
and all relocation costs must be
reasonable. ‘‘Reasonable’’ relocation
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costs are those necessitated by the
relocation in order to ensure that
incumbent space station operators
continue to be able to provide
substantially the same or better service
to incumbent earth station operators,
and that incumbent earth station
operators continue to be able to provide
substantially the same service to their
customers after the relocation compared
to what they were able to provide
before. For example, parties have
indicated that upgrades such as video
compression, modulation/coding, and
HD to SD down-conversion at downlink
locations, may be necessary to
accomplish efficient clearing—
particularly in an accelerated timeframe.
So long as the costs for which
incumbents are seeking reimbursement
are reasonably necessary to complete
the transition in a timely manner (and
reasonable in cost), such expenses
would be compensable. Similarly, the
Commission expects that some
incumbents will not be able to replace
older, legacy equipment with equipment
that is exactly comparable in terms of
functionality and cost because of
advances in technology and because
manufacturers often cease supporting
older equipment. Incumbents may
receive the reasonable replacement cost
for such newer equipment to the extent
it is needed to carry out the transition—
and the Commission intends to allow
reimbursement for the cost of that
equipment and recognize that this
equipment necessarily may include
improved functionality beyond what is
necessary to clear the band. In contrast,
the Commission does not anticipate
allowing reimbursement for equipment
upgrades beyond what is necessary to
clear the band. For example, if an
incumbent builds additional
functionalities into replacement
equipment that are not needed to
facilitate the swift transition of the
band, it must reasonably allocate the
incremental costs of such additional
functionalities to itself and only seek
reimbursement for the costs reasonably
allocated to the needed relocation.
178. The Commission recognizes that
incumbents may attempt to gold-plate
their systems in a transition like this.
Incumbents will not receive more
reimbursement than necessary, and the
Commission requires that, to qualify for
reimbursement, all relocation costs must
be reasonable. This requirement should
give incumbents sufficient incentive to
be prudent and efficient in their
expenditures. If a particular expenditure
is unreasonable, the incumbent will
only receive compensation for the
reasonable costs that the incumbent
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would have incurred had it made a
more prudent decision.
179. Similarly, the Commission will
not reimburse incumbent licensees for
the speculative value of any business
opportunities that they claim they
would lose as a result of the transition.
Since the incumbent space station
operators will be able not only to
maintain their current level of service
after the transition, but to potentially
serve new clients by employing point
technology and adopting other network
efficiencies, the Commission finds that
there will be no compensable loss of
business opportunity over and above
their actual costs associated with the
transition. Compensating licensees for
speculative claims of future loss would
be inconsistent with established
Commission precedent and would not
serve the public interest.
180. As in prior cases, the
Commission will allow reimbursement
of some ‘‘soft costs’’—‘‘legitimate and
prudent transaction expenses’’ incurred
by incumbents ‘‘that are directly
attributable’’ to relocation. The
Commission defines soft costs as
transactional expenses directly
attributable to relocation, to include
engineering, consulting, and attorney
fees, as well as costs of acquiring
financing for clearing costs. This is
consistent with suggestions from some
commenters that the Commission
should allow recovery of soft costs for
relocation expenses.
181. In some prior proceedings, the
Commission has subjected ‘‘soft’’ costs
to a cap of 2% of the hard costs
involved. Without a limit, ‘‘soft cost’’
transaction expenses such as
engineering and attorney fees, could
easily eclipse the ‘‘hard costs’’ of
relocation, particularly for the
thousands of incumbent earth stations
that must be filtered, retuned, or
repointed. A limit on transaction
expenses can encourage transition
efficiency, as many incumbent earth
station operators own or manage
multiple incumbent earth stations and
thus have the ability to identify and
implement economies of scale. Rather
than a hard cap, the Commission finds
it reasonable to establish a rebuttable
presumption that soft costs should not
exceed 2% of the relocation hard costs.
This way, an incumbent may
demonstrate that any fees in excess of
2% were reasonably and unavoidably
incurred—and thus properly
compensable. Establishing a rebuttable
presumption is consistent with the
Commission’s approach in the 800 MHz
Rebanding proceeding, in which the
Commission used 2% of the hard costs
as a ‘‘useful guideline for determining
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when transactional costs are excessive
or unreasonable and charge[d] the
Transition Administrator to give a
particularly hard look at any request
involving transactional costs that exceed
two percent.’’ As discussed below, the
Commission will establish a Relocation
Payment Clearinghouse that can serve
‘‘as a watchdog over excess
transactional costs.’’ Parties seeking
reimbursement for soft costs that exceed
2% shall bear the burden of justifying
these expenses.
182. For incumbent space station
operators, flexible-use licensees will be
required to reimburse eligible space
station operators for their actual
relocation costs, as long as they are not
unreasonable, associated with clearing
the lower 300 megahertz of the band
while ensuring continued operations for
their customers. First, the Commission
expects that procuring and launching
new satellites may be reasonably
necessary to complete the transition.
These new satellites will support more
intensive use of the 4.0–4.2 GHz band
after the transition. Second, incumbent
space station operators will also need to
consolidate their TT&C sites—to a
maximum of four facilities in the
contiguous United States—and reduce
the number of gateway facilities. The
costs involved with this consolidation
process may include the installation of
additional antennas at these facilities,
procurement of new real estate, and
support for customer migration to the
relocated facilities. Third, the
Commission expects that incumbent
space station operators will need to
install compression and modulation
equipment at their terrestrial facilities to
make more efficient use of spectrum
resources and ensure that they are able
to provide a consistent level of service
after the transition. All of these
migration tasks must be coordinated
with the earth station transition process
to ensure that earth stations are able to
receive existing C-band services during
and after the transition.
183. The Commission reiterates that
compensable relocation costs are only
those that are reasonable and needed to
transition existing operations in the
contiguous United States out of the
lower 300 megahertz of the C-band. In
order to meet this standard and qualify
as eligible for relocation cost
reimbursements, an incumbent space
station operator must have
demonstrated, no later than February 1,
2020, that it has an existing relationship
to provide service via C-band satellite
transmission to one or more incumbent
earth stations in the contiguous United
States. These existing relationships
could include, for example, contractual
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obligations to provide C-band service to
be received at a specific earth station
location. And these existing
relationships need not be direct but
could include indirect relationships
through content distributors or other
entities, so long as the relationship
requires the provision of C-band
satellite services to one or more specific
incumbent earth stations in the
contiguous United States. Based on the
record, only five incumbent space
station operators have such operations:
Eutelsat, Intelsat, SES, Star One, and
Telesat. The Commission does not
expect any other incumbent space
station operators to need to incur any
relocation costs, and thus the
Commission does not expect them to be
eligible for relocation payments.
Nonetheless, such operators may be
compensated for reasonable relocation
costs should they demonstrate that
those costs were truly required as a
direct result of the transition of existing
C-band services provided to one or more
incumbent earth stations in the
contiguous United States.
184. For incumbent earth station
operators, the Commission expects the
transition will require two types of
system changes that may occur
separately or simultaneously: Earth
station migration and earth station
filtering. First, earth station migration
includes any necessary changes that
will allow the earth stations to receive
C-band services on new frequencies or
from new satellites once space station
operators have relocated their services
into the upper portion of the band. For
example, in instances where satellite
transmissions need to be moved to a
new frequency or to a new satellite,
earth stations currently receiving those
transmissions may need to be retuned or
repointed in order to receive on the new
frequencies or from the new satellite.
Such a transition requires a ‘‘dual
illumination’’ period, during which the
same programming is simultaneously
downlinked over the original frequency
or satellite and over the new frequency
or satellite so that the receiving earth
station can continue receiving
transmissions from the original
frequency or satellite until it retunes or
repoints the antenna to receive on the
new frequency or satellite. Earth station
migration may also require the
installation of new equipment or
software at earth station uplink and/or
downlink locations for customers
identified for technology upgrades
necessary to facilitate the repack, such
as compression technology or
modulation. Second, passband filters
must be installed on all existing earth
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stations to block signals from adjacent
channels and to prevent harmful
interference from new flexible-use
operations. Earth station filtering can
occur either simultaneously with, or
after, the earth station migration. All of
these earth station migration actions
must be coordinated with satellite
transponder clearing in order for earth
stations to continue receiving existing
C-band services during and after the
transition. As such, the Commission
expects relocation costs to include the
cost to migrate and filter earth stations,
including costs to retune, repoint, and
install new antennas and install filters
and compression software and
hardware. The Commission clarifies that
incumbent earth station operators will
include some gateway earth station
operators who are likewise eligible for
reasonable relocation costs, and the
Commission recognizes that their
reasonable relocation costs may differ
from those of non-gateway earth
stations.
185. Some commenters request that
the Commission give incumbent earth
station operators flexibility to replace
existing earth stations with fiber in their
transition planning. The Commission
agrees that providing incumbent earth
station operators flexibility may allow
them to make efficient decisions that
better accommodate their needs. But the
Commission also recognizes that
replacing existing C-band operations
with fiber or other terrestrial services
may be, for some earth stations, more
expensive by an order of magnitude. As
such, incumbent earth station operators
will have a choice: They may either
accept reimbursement for the reasonable
relocation costs by maintaining satellite
reception or they may accept a lump
sum reimbursement for all of their
incumbent earth stations based on the
average, estimated costs of relocating all
of their incumbent earth stations.
Incumbent earth station owners that
elect the lump sum payment will not be
eligible to submit estimated or actual
reasonable relocation costs to the
Clearinghouse. The Commission
requires incumbent earth station
operators (including any affiliates) to
elect one of these two options, which
must apply to all of each earth station
operator’s earth stations in the
contiguous United States in order to
prevent any improper cost shifting. And
the Commission requires the decision to
accept a lump sum reimbursement to be
irrevocable—by accepting the lump
sum, the incumbent takes on the risk
that the lump sum will be insufficient
to cover all its relocation costs—to
ensure that incumbents have the
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appropriate incentive to accept the
lump sum only if doing so is truly the
more efficient option. While earth
station operators that elect the lump
sum payment will be responsible for
performing any necessary transition
actions, earth station operators that elect
the lump sum payment must complete
relocation consistent with the space
station operator’s deadlines (Phase I and
Phase II Accelerated Relocation
Deadlines to the extent applicable) for
transition.
186. The Commission directs the
Wireless Telecommunications Bureau to
announce the lump sum that will be
available per incumbent earth station as
well as the process for electing lump
sum payments. The Bureau should
identify lump sum amounts for various
classes of earth stations—e.g., MVPDs,
non-MVPDs, gateway sites—as
appropriate. Incumbent earth station
owners must make the lump sum
payment election no later than 30 days
after release of the announcement, and
must indicate whether each incumbent
earth station for which it elects the
lump sum payment will be transitioned
to the upper 200 megahertz in order to
maintain C-band services or will
discontinue C-band services.
187. The Commission reiterates that
compensable relocation costs are only
those that are reasonable and needed to
transition existing operations in the
contiguous United States out of the
lower 300 megahertz of the C-band. The
Commission stresses that, parties should
seek cost reimbursement pursuant to the
process outlined in this Report and
Order for relocation costs outside of the
contiguous United States, they must
demonstrate that they were required to
make the system modifications for
which they seek reimbursement as a
direct result of the transition in the
contiguous United States to make
spectrum available for flexible use.
188. Estimated Relocation Costs of the
FSS Transition.—The Commission finds
it appropriate to provide potential
bidders in its public auction with an
estimate of the relocation costs that they
may incur should they become overlay
licensees. The Commission cautions
that its estimates are estimates only, and
the Commission makes clear that
overlay licensees will be responsible for
the entire allowed costs of relocation—
even to the extent that those costs
exceed the estimated range of costs.
189. The record contains estimates of
the total clearing cost ranging from
about $3 billion to about $6 billion.
Based on the current record, the
Commission believes that reasonable
estimated costs will include the
following ranges, subject to further
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reevaluation when the Commission
creates and releases the cost category
schedule. With respect to satellite
procurement and launch costs, the
Commission believes that $1.28 billion
to $2.5 billion is a reasonable estimated
range. This accounts for $160–$250
million in capital costs for each satellite,
the high and low ranges provided by the
C-Band Alliance and SES, respectively,
and the estimated range of eight to ten
additional satellites. With respect to
earth station costs, the Commission
finds that a range of $1 billion to $2
billion is a reasonable estimate for
repacking transponders, filter installing,
re-pointing earth station dishes, and
antenna feeding. This would account for
the lower-end estimates provided by the
C-Band Alliance and the upper-end
estimates provided by ACA Connects.
With respect to MVPD compression
hardware, the Commission finds $500–
$520 million to be a reasonable
estimated range. This is consistent with
ACA Connects’ estimate of about
$10,000 per transcoder and its claim
that about 20 transcoders will be needed
at each of 2,600 MVPD locations. It is
also consistent with the C-Band
Alliance’s estimate of $500 million for
compression costs. This leads to a total
clearing cost estimate ranging from
about $3.3 billion to $5.2 billion.
190. Accelerated Relocation
Payments.—The Commission next
addresses the amount of accelerated
relocation payments that each eligible
incumbent space station operator would
receive if the Accelerated Relocation
Deadlines are met.
191. The Commission starts by noting
that predictions of the prices that will
be paid for licenses to operate on this
spectrum vary widely both in the record
and in publicly available reports. On the
low side, the Public Interest Spectrum
Coalition estimates a range of $0.065 to
$0.196 per MHz-pop and the Brattle
Group suggests a range of $0.003 to
$0.415 per MHz-pop from recent
international C-band auctions. On the
high side, the C-Band Alliance recently
submitted a report by NERA Economic
Consulting that estimates $0.50 to $0.90
per MHz-pop. In the middle, Kerrisdale
Capital Management analyzed C-band
auction revenues in three other
advanced industrial economies to
estimate $0.50 per MHz-pop and the
American Action Forum estimate a
range topping out at $0.597 per MHzpop based on an econometric analysis of
previous auctions.
192. It is thus no surprise that the
commenters have proposed a wide
range of values for accelerated
relocation payments. On the low side,
Eutelsat proposes making $2.75 billion
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available for ‘‘premium’’ payments for
accelerated relocation. On the high side,
the C-Band Alliance essentially argues
that incumbent space station operators
should receive a 50–50 split of auction
revenues, or a $21.5 to $38.5 billion
accelerated relocation payment, on the
theory that incumbent space station
operators should receive an equal part
given the sale of their ‘‘asset.’’ The
Commission notes, however, that the CBand Alliance’s analysis is based on the
assumption that the Commission
otherwise set a relocation deadline for
FSS operations of 10 years.
193. The Commission notes, as a
preliminary matter, that the C-Band
Alliance’s proposal seems to
misunderstand the purpose of
accelerated relocation payments.
Incumbent space station operators are
not ‘‘selling’’ their spectrum usage
rights—instead they have the right to
provide the services they currently offer
going forward. Indeed, they have no
terrestrial spectrum usage rights to
‘‘sell.’’ Furthermore, the transition we
adopt, including relocation payments,
will make them whole during and after
that transition. The Commission’s
responsibility is to set an accelerated
relocation payment that fairly
incentivizes incumbent space station
operators to expedite the transition
while increasing the value of the entire
transition effort for the American
public.
194. The Commission starts by
examining the value to the American
public of an accelerated transition.
Specifically, if all eligible space station
operators are able to hit the Phase I
Accelerated Relocation Deadline, then
terrestrial operations by overlay
licensees can commence in the lower
100 megahertz of the band in 46 PEAs
(covering 58% of the population of the
contiguous United States) by December
5, 2021 rather than December 5, 2023
(the Phase II deadline). And if all
eligible space station operators are able
to hit the Phase II Accelerated
Relocation Deadline, then terrestrial
operations by overlay licensees can
commence throughout the contiguous
United States by December 5, 2023
rather than by December 5, 2025 (the
Relocation Deadline).
195. One useful exercise to frame an
appropriate accelerated relocation
payment would be to estimate the price
that overlay licensees would willingly
pay for an earlier transition, assuming
that the free-rider and holdout problems
could be overcome. Making the
spectrum available to a licensee earlier
increases the potential producer surplus
earned by the licensee because it can
begin to provide services to consumers
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on that spectrum sooner, thereby
granting a specific commercial benefit to
a new overlay licensee. So long as the
Commission sets the accelerated
relocation payment as a fraction of the
bidder’s expected incremental profits
from deploying spectrum earlier,
overlay licensees will themselves
benefit even after making the
accelerated relocation payment. In other
words, if the Commission treats an
estimated willingness to pay as an
upper bound, allowing for an
accelerated relocation payment in the
amount specified would make overlay
licensees no worse off and would likely
make them better off for each year they
received their new licenses earlier.
196. To establish a reasonable
estimate of the price that overlay
licensees would willingly pay to
accelerate relocation, the Commission
extrapolates the increase in expected
profits from having access to the
spectrum and the ability to deploy
earlier than the Relocation Deadline. To
do this, the Commission observes that
the difference between an amount of
money received at date T2 and the same
amount received at an earlier date T1 is
simply the accumulated interest that
can be earned by investing the amount
at date T1, and holding it until date T2.16
If S is the present value of an infinite
stream of profits associated with
deploying a spectrum license, then the
additional value, A, of accelerating the
date when spectrum license is available
to T1, as opposed to T2, is the
accumulated interest earned from the
stream S between those two periods.
Mathematically, the additional value of
accelerating an income stream, S, by m
months, where the industry annual
weighted average cost of capital is r
with interest compounded monthly is
given by: A = [(1+r/12)m¥1]S.17
197. To apply these observations in
this context, the Commission uses a
weighted average cost of capital of
8.5%, consistent with our precedent.
The Commission also uses the index of
PEA weights adopted by the
Commission in the 39 GHz
16 For example, the additional benefit of receiving
$100 at the beginning of year 4 instead of year 5
if the interest rate were, say, 3% compounded
annually, is simply .03 × $100 = $3, and the total
value of receiving that amount at the start of year
4 is simply (1 + .03) × $100 = $103. Similarly, the
total value of receiving $100 in year 3 instead of
year 5 would be (1 + .03)2 × $100 = $106.10, and
the incremental value of receiving the $100 two
years early would be [(1 + .03)2¥1] × $100 = $6.10.
17 As an example, if a portion of a profit stream
that was worth say $15 was accelerated by 42
months, and the weighted cost of capital was 7%,
then the benefit from accelerating that payment is
given by: A = [(1+.07/12)42¥1] × $15 = $4.15. For
ease of calculation, we assume monthly
compounding.
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reconfiguration proceeding that were
based on the 600 MHz, 700 MHz, and
AWS–3 auctions to estimate that the 46
PEAs that are cleared by the Phase I
Accelerated Relocation Deadline
account for 77% of the total value of the
first 100 megahertz cleared. Finally, the
Commission estimates the present value
of future profits that licensees expect to
receive from their overlay licenses in
2025 (the Relocation Deadline) to be
$0.50 per MHz-pop. The Commission
finds this to be a reasonable estimate
given the wide range of valuations in
the record—which notably do not
account for the spectrum potentially not
becoming available until the Relocation
Deadline nor for the additional costs of
clearing this spectrum in the contiguous
United States. Applying the general
formula to the facts at hand then yields
an estimated increase in economic
profits for an accelerated relocation of
approximately $10.52 billion.
198. Given the record, the
Commission finds that a $9.7 billion
accelerated relocation payment is
reasonable and will serve the public
interest. The Commission recognizes
that the Commission could find
reasonable several of the methods
advocated in the record for calculating
the total size of the accelerated
relocation payment, and in doing so, it
would need to rely on estimates on
several variables such as increased
willingness to pay for the spectrum,
potential future industry profits for
flexible use licensees, spectrum
valuation, and the costs of accelerated
transitioning. Ultimately, the
Commission recognizes that this
determination is a line-drawing
exercise, in which it must attempt to
establish an amount that is less than the
incremental value to new entrants of
accelerating the clearing deadline but
large enough to provide an effective
incentive to incumbent space station
operators to complete such accelerated
clearing. The Commission finds that a
$9.7 billion accelerated relocation
payment strikes the appropriate balance
between these considerations and the
amounts advocated in the record.
Although some incumbent space station
operators have argued for significantly
more, the Commission finds that $9.7
billion is reasonably close—but still
falls below the total amount we
conservatively estimate that overlay
licensees themselves would be willing
to pay to clear this spectrum early and
less than the additional profits overlay
licensees expect to earn as a result of the
accelerated clearing. This helps ensure
that the Commission does not impose an
obligation on overlay licensees that the
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Commission is not convinced they
would have assumed on their own in
the typical Emerging Technologies
scenario in which voluntary accelerated
relocation payments would be feasible.
199. Commenters challenge our
decision to establish a $9.7 billion
payment for accelerated relocation from
two directions. Intelsat argues the
amount is too low, while the Small
Satellite Operators argue that the
amount of the payment is too high. The
Commission rejects these arguments. Set
against one another, these competing
arguments illustrate the complex policy
considerations at issue and how our
chosen accelerated relocation payment
balances these competing concerns.
200. At the outset, each party
questions how long relocation should
take without any accelerated relocation
payments. The Commission has already
explained at length our reasoning for
selecting the deadlines we do: The
Relocation Deadline the Commission
chooses reflects the balance between
bringing C-band spectrum to market
quickly (and thus not setting an
excessively long transition) and
ensuring no disruption to the C-band
content distribution market that
hundreds of millions of Americans
currently rely on C-band services (and
thus not setting a too short mandatory
transition). Hence the Commission
disagrees with each party that we
should adjust the acceleration periods at
issue in calculating accelerated
relocation payments.
201. Next, parties challenge the
decision to establish an upper bound at
the overlay licensees’ willingness to pay
for the early clearing of spectrum. On
the one hand, Intelsat argues that this
ceiling is too low—and that focusing
only on the economic benefit to new
licensees ignores potential benefits to
American consumers from the rapid
deployment of 5G. The Small Satellite
Operators, on the other hand, argue that
this willingness-to-pay ceiling is too
high. They argue that the upper bound
must be ‘‘proportionate to the cost of
providing comparable facilities.’’ The
Commission finds that both parties
misunderstand the Emerging
Technologies framework.
202. The Commission agrees that it
must take into account the tremendous
public benefits of authorizing terrestrial
use of this mid-band spectrum—but that
does not mean the Commission’s ability
to impose obligations on overlay
licensees is unbounded. Instead, the
Commission reads its precedent as
recognizing the justification for
accelerated relocation payments only to
the extent that willing market actors
(free from holdout and free-rider
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problems) would pay for accelerated
relocation. And in the end, no rational
licensee would pay more than the
amount they stood to gain from earlier
access to the spectrum—regardless of
whatever value was created for third
parties.
203. The Commission does not read
the language quoted as limiting the
Commission’s authority under the
Emerging Technologies framework but
instead just recognizing how the
Commission applied that framework in
one particular context. In that case the
Commission had established guidelines
for good-faith negotiations that limited
incumbents’ ability to demand
‘‘premium payments’’ that were not
proportionate to the cost of providing
comparable facilities. But as the court
recognized in Teledesic, the
Commission added that limitation as a
check against holdout problems created
by mandatory good-faith negotiations.
Here the Commission chooses a
different approach to address the
problem of holdouts as well as the freerider problem inherent to this transition.
And by estimating the willingness of
overlay licensees to make accelerated
relocation payments, the Commission
avoids the need for a lengthy period of
mandatory negotiations before
mandatory relocation—which the
Commission estimates will bring about
significant benefits to the public of
making this spectrum available for
terrestrial use much sooner.
204. Parties challenge the
determination that an acceleration
payment total of $9.7 billion strikes the
appropriate balance. The Small Satellite
Operators argue that it is too much,
while Intelsat argues that it is not
enough. To some extent both parties are
correct: There is no precise science that
allows the Commission to arrive at the
‘‘right’’ accelerated relocation payment
total. But that is in large part because
eligible space station operators have had
every incentive not to disclose precisely
how high an accelerated relocation
payment must be for them to accept it.
As these arguments make plain, the
Commission’s determination of an
acceleration payment is a line-drawing
exercise that balances a number of
competing considerations. The
accelerated relocation payment of $9.7
billion is an $800 million reduction
from the estimated total willingness of
flexible use licensees to pay $10.52
billion for earlier access to this
spectrum. Allocating the vast majority
of the estimated total willingness to pay
to satellite operators (1) maximizes the
possibility that such a payment will be
sufficient to incent early clearing (2)
while not exceeding the estimated value
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of acceleration to new licensees, and (3)
accounts, to some extent, for a relatively
conservative estimate of the value of the
underlying spectrum. Of course, the
Commission might have chosen a
number lower than $9.7 billion, to
gamble that space station operators
might accept a lower price. But the
smaller the payment the greater the risk
that such a payment will be insufficient
to incent earlier clearing. In light of the
enormous benefit that the rapid
deployment of 5G will confer on
American consumers, and the costs of
delaying such deployment for even one
additional year, the Commission has
chosen the figure that most minimizes
that risk. While this exercise is
necessarily imprecise, the Commission
believes that $9.7 billion threads the
needle through all of the considerations
raised by the Small Satellite Operators,
Intelsat, others in the record, as well as
its own predictive judgment on what is
necessary here.
205. The Commission also finds it
necessary to specify the specific
accelerated relocation payments that
will be offered to each of the eligible
space station operators so that each can
make an intelligent decision whether to
elect to participate in the accelerated
relocation process. To accelerate
clearing, each space station operator
will need to engage in a complex and
iterative process of coordinating
between its programmer customers and
incumbent earth stations, allocating
resources to effectuate changes in both
the space station and earth station
segments of the FSS network, and
orchestrating changes both in space and
on the ground in order to ensure
continuous and uninterrupted delivery
of content. Given that these burdens
will fall more heavily on some space
station operators than others, the
Commission finds that the most
appropriate basis on which to allocate
accelerated relocation payments among
eligible space station operators is to
estimate the relative contribution that
each eligible space station operator is
likely to make towards accelerating the
transition of the 3.7–3.98 GHz band to
flexible use and clearing the 3.98–4.0
GHz band, assuming all other operators
accelerate their clearing. To that end,
the Commission examines several
pieces of evidence in the record.
206. To start, the Commission finds
the best evidence in the record is a
confidential 2019 report prepared by an
independent accounting firm on behalf
of the C-Band Alliance, which SES has
submitted into the record. Based on data
provided by C-Band Alliance members,
this report purports to calculate each
member of the C-Band Alliance’s
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contribution to clearing (based in part
on qualifying 2017 revenue) for the
purpose of determining the share that
each C-Band Alliance member would
receive as a result of this proceeding.
The Commission can think of no better
evidence of the C-Band Alliance
members’ own understanding of their
relative contribution to clearing than
their own market-based assessment of
the relative value that each member
should derive from the process of
freeing up this spectrum for flexible use.
While many variables might enter into
any valuation of contribution to
clearing—such as each operator’s
relative number of earth stations,
transponder usage, revenue, coverage, or
other factors—the C-Band Alliance
members were best situated to take all
those variables into account in assigning
allocations representing each member’s
valuation of its entitlement to a
percentage of the proceeds from a
private sale. The Commission calls this
the ‘‘the market-based agreement’’ factor
(note the Commission does not apply
this factor to Star One, which was not
a party to this agreement).
207. Intelsat objects to any reliance on
this report and its prior agreement with
SES, Eutelsat, and Telesat on how to
approach a swift transition of the Cband. The Commission finds Intelsat’s
objections to the 2019 report
unpersuasive. For one, Intelsat objects
that the methodology of the report was
premised largely on an assumption that
SES and Intelsat had equal market
share. That may be true—but that does
not explain why Intelsat agreed to such
an assumption just last year (nor what
it has learned since then). Indeed,
whatever the precise inputs underlying
the confidential 2019 report, the
ultimate findings were ratified by each
member of the C-Band Alliance at the
time—including Intelsat. For another,
Intelsat points out that the confidential
report was developed in the context of
a private sale proposal in which the CBand Alliance would receive a single
payment for both clearing in an
accelerated manner and relocation costs.
But the Commission fails to see the
relevance of these distinctions. For
example, the Commission separately
accounts for relocation payments from
accelerated relocation payments in this
Report and Order—but Intelsat provides
no evidence, nor does any appear on the
face of the report, that the relative
contributions of each operator depended
on relative relocation costs (nor does
Intelsat explain why the separate
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treatment of such costs merits greater (or
lesser) allocation of accelerated
relocation payments). As another
example, the Commission does not see
why the negotiation of these allocations
in the context of a private sale approach
would fail to capture the contributions
of the various signatories to another
approach—like the public auction
approach the Commission adopts
herein. Indeed, the Commission finds
the fact that these numbers were
negotiated between experienced space
station operators in the context of a
concrete plan to clear the C-band for
terrestrial use makes them more reliable,
not less, as evidence of relative
contribution to clearing. In short,
despite Intelsat’s recent protestations,
the Commission finds the report is the
single best proxy that we have for
determining the relative contribution of
each eligible space station operator (at
least those four that signed the
agreement) to accelerating the process of
repurposing this spectrum.
208. Next, the Commission finds that
transponder usage provides another
proxy for the relative contributions of
each space station operator to clearing.
At a high level, the amount of
transponder usage should correspond to
the amount of traffic that the operator
needs to repack—and space station
operators with more traffic are likely to
serve a greater number of earth stations
with more content. And the
Commission has reliable data for
relative transponder usage: Satellite
operators submitted confidential usage
information in response to the
Commission’s May 2019 request for
information on satellite use of the Cband. FSS space station licensees with
C-band coverage of the United States or
grants of market access were required to
submit the average percentage of each
transponder’s capacity (megahertz) used
and the maximum percentage of
capacity used for each day in March of
2019. From this data the Commission
can calculate the average megahertz of
transponder usage as well as the usage
shares for each satellite operator. The
Commission thus includes transponder
usage in its calculations because the
Commission believes that it is a reliable
proxy of the amount of traffic all eligible
incumbent space station operators need
to repack, as well as their relative
contribution to accelerated clearing.
209. Third, the Commission takes into
account each eligible space station
operator’s coverage of the contiguous
United States with its C-band satellites.
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22833
All operators with existing FSS space
station licenses or grants of United
States market access in the 3.7–4.2 GHz
band also have equal access to the 280
megahertz of spectrum designated to
transition to flexible use and the 20megahertz guard band and an equal
ability to serve customers in this band.
Due to this shared licensing structure,
all eligible space station operators
serving incumbent earth stations in the
contiguous United States will need to
play a role in the transition and must
cooperate to transition the spectrum
successfully. This factor is, therefore, a
very rough proxy for the myriad tasks
that all eligible space station operators
must undertake to clear the spectrum
and for the fact that one of the eligible
space station operators does not
transmit to the full contiguous United
States.
210. Finally, the Commission notes
that there is no single correct weight to
apply to each of these three factors. The
Commission places the most significant
weight on the market-based agreement
factor because it reflects the parties’
own valuation of each operator’s
relative contribution to clearing. But in
acknowledgment of Intelsat’s
reservations about using the 2019
report, the fact that the report does not
consider one eligible space station
operator (Star One) because it wasn’t a
member of the C-Band Alliance, and the
fact that the Commission does not have
access to the underlying inputs
evaluated by the independent auditor,
the Commission is also assigning some
weight to transponder usage and
coverage separately. Among these two
factors, the Commission finds that
transponder usage, which reflects actual
usage of the band, greatly outstrips (by
an order of magnitude) the value of the
third factor (coverage).18 Thus, the
Commission specifies the allocations as
follows:
18 We round all payments to the nearest thousand
dollars and therefore the payment total does not
sum exactly to $9.7 billion. Because we rely on
confidential information in calculating these
allocations and find that disclosing the relative
weights placed on each factor could inadvertently
disclose that confidential information to operators
with knowledge of their own information, we
reserve our discussion of the precise numbers
involved in our calculations to a confidential
appendix. And because Star One was not a
signatory of the market-based agreement, we
allocate the weight that would otherwise apply to
that factor to the second most important factor
(transponder usage) for its calculation and
normalize all calculations to take this into account.
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ACCELERATED RELOCATION PAYMENT BY OPERATOR
Phase I
payment
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Payment
Phase II
payment
Intelsat .......................................................................................................................
SES ............................................................................................................................
Eutelsat ......................................................................................................................
Telesat .......................................................................................................................
Star One ....................................................................................................................
$4,865,366,000
3,968,133,000
506,978,000
344,400,000
15,124,000
$1,197,842,000
976,945,000
124,817,000
84,790,000
3,723,000
$3,667,524,000
2,991,188,000
382,161,000
259,610,000
11,401,000
Totals ..................................................................................................................
9,700,001,000
2,388,117,000
7,311,884,000
211. The Clearinghouse will distribute
the accelerated relocation payments to
each eligible space station operator
according to the amounts provided in
the table. The Commission allocates
roughly 25% of each operator’s
accelerated relocation payment to the
completion of Phase I and 75% to the
completion of Phase II. This split
corresponds to the value of accelerated
relocation that space station operators
will need to make at each respective
deadline. To be specific, the value of
Phase II accelerated relocation (vis-a`-vis
relocation by the Relocation Deadline) is
accelerating relocation of all 280
megahertz of spectrum across the
contiguous United States by two years.
Using the acceleration formula
discussed above, this represents 75.38%
of the total value to bidders of
accelerated relocation. The value of
Phase I accelerated relocation (vis-a`-vis
relocation by the Phase II Accelerated
Relocation Deadline) is accelerating the
relocation of 100 megahertz of spectrum
in the 46 Phase I PEAs by two
additional years. This represents
24.62% of the total value of bidders of
accelerated relocation. The Commission
notes that allocating the Phase I and
Phase II payments this way maximizes
the incentive for incumbent space
station operators to complete the full
Phase II transition in a timely manner,
ensuring that all Americans get early
access to next-generation uses of the 3.7
GHz band.
212. Taken together, the Commission
finds that the three measures above
should reflect—directly or by proxy—a
variety of inputs, including relative
contribution shares to relocation,
population coverage in the contiguous
United States, traffic, and number of
earth stations served. These measures
incorporate the best data presently
available to the Commission on which
to estimate the contributions of each
eligible space station operator to the
accelerated relocation process.
Whatever the shortcomings of each
individual measure or dataset, the
Commission finds that these three
measures considered together provide a
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reasonable approximation of the eligible
space station operators’ respective
contributions, and therefore a
reasonable basis on which to apportion
accelerated relocation payments.
213. The Commission also finds that
several alternative methods advocated
by space station operators for allocating
accelerated relocation payments are less
reliable and objective than those the
Commission relies on. For example,
several parties suggest that the
Commission should rely upon C-band
revenues in measuring relative
contributions, with Intelsat claiming
that ‘‘revenue earned with respect to the
current use of C-band spectrum in the
contiguous 48 states provides a
reasonable proxy for every one of the
factors cited by the FCC for value being
created by accelerated clearing: The
number of customers, the amount of
encumbered spectrum; the scope of
incumbent earth stations served;
content-distribution revenues;
population of the United States; and
traffic.’’ Although the Commission
agrees that such revenues ordinarily
would be closely correlated with traffic
and a good proxy for a variety of other
factors relevant to an eligible space
station operator’s estimated
contribution—the record is largely
bereft of such data. Intelsat itself, for
example, has failed to file any reliable
revenue or revenue share data. Instead,
it estimates its own C-band revenues
based on average usage as well as its
own assertion that it has higher average
wholesale prices than its competitors.
The only other source evident of
Intelsat’s market share is a public report
from Kerrisdale Capital Management
that estimates Intelsat to have a roughly
equal share with SES—although that
report did not claim its estimates were
particularly precise. In short, the
Commission fails to see the value in
relying on these incomplete and notparticularly-reliable proxies for revenue
shares, especially given that actual
revenue share itself is but a proxy for
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each operator’s relative contribution to
accelerated relocation.19
214. Or consider the C-Band
Alliance’s suggestion to allocate based
on the number of incumbent earth
station C-band feeds in the contiguous
United States. Whatever the merits of
such an approach (including the
decision to count feeds, not incumbent
earth stations), the Commission finds
the record evidence insufficiently
reliable to incorporate this metric into
our analysis. Rather than pick and
choose amongst this chaff of last-minute
calculations that inevitably favor the
filer, the Commission finds little
evidence that relying on these estimates
would produce a more accurate estimate
of each operator’s relative contribution
to clearing (and we cannot find that a
significant delay as initially suggested
by the C-Band Alliance to create a new
dataset would be in the public interest).
215. The Commission also rejects
Eutelsat’s proposal to allocate
accelerated relocation payments not by
relative contributions to a successful
accelerated transition but instead based
on ‘‘stranded capacity,’’ i.e., the
proportion of C-band satellite capacity
that will be rendered unusable for
protected FSS downlink services during
the remaining useful lifetime of each
relevant satellite. Eutelsat’s proposal
represents a significant departure from
the Emerging Technologies precedent,
fundamentally misinterprets the
Commission’s basis for the allocation of
accelerated relocation payments among
eligible space station operators, and
lacks any economic rationale.
216. First, Eutelsat argues that
allocation of accelerated relocation
payments must be ‘‘reasonably related
to the cost of relocation’’ and that the
19 Ironically enough, the confidential report filed
by SES does contain estimated (and audited)
revenue shares for one space station operator, SES
Feb. 20, 2020 Ex Parte, Attach. B (confidential), and
to its credit, Intelsat does acknowledge as such,
Intelsat Feb. 21, 2020 Ex Parte at 3. But to the extent
such information is valuable, we find it better to
incorporate it directly through the market-based
agreement factor described above rather than by
placing this information on par with other
unreliable information about revenue shares from
elsewhere in the record.
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Commission’s focus on the relative
contribution of each operator to a
successful transition is inconsistent
with the Emerging Technologies
framework. The Commission disagrees.
Contrary to Eutelsat’s claim, the basis of
the Commission’s allocation method is
designed specifically to capture the
relative contribution, in terms of both
effort and cost, that each eligible space
station operator will make to meet the
Accelerated Relocation Deadlines based
on three objective factors related to each
space station operator’s relative
contribution: A market-based agreement
reflecting space station operators’
assessment of their own relative
contribution to clearing; transponder
usage; and satellite coverage in the
contiguous United States. Each of these
factors reflects both the effort that it will
take to accelerate relocation and the
corresponding costs of each operator to
accomplish such acceleration.
217. Second, Eutelsat argues that
stranded capacity is the better ‘‘proxy’’
for calculating relocation costs and thus
allocating accelerated relocation
payments. Again, the Commission
disagrees. For one, stranded capacity is
not a proxy for actual relocation costs.
Actual relocation costs are those needed
to relocate incumbents to comparable
facilities that allow them to continue to
provide existing services. Stranded
capacity lacks any consideration of the
extent to which existing services are
actually provided over such capacity
such that they would need to be
relocated. Indeed, Eutelsat fails to
acknowledge the substantial evidence in
the record that the C-band satellite
business suffers from significant and
increasing excess capacity and rapidly
declining revenues or that a space
station operator with much stranded
capacity but little existing business
could likely continue to provide all of
its existing services within the
contiguous United States at relatively
low cost (e.g., without the need for new
satellites). In other words, stranded
capacity is not a good proxy for space
station operator relocation costs. Nor is
it a good proxy for the relocation costs
of incumbent earth stations (indeed,
stranded capacity does not account for
such costs at all)—and Eutelsat simply
asserts that such costs are not relevant.
But of course, such costs are relevant to
a successful relocation; and of course
the Commission has expressly designed
accelerated relocation payments to
expedite the relocation of incumbent
space stations and incumbent earth
stations, to the benefit of the overlay
licensees that require both to be
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relocated so they can deploy new
terrestrial services in the band.
218. Third, despite Eutelsat’s claim
that its proposal is not a request to
compensate satellite operators for the
‘‘lost revenues’’ or opportunity costs
resulting from the transition, allocating
relocation payments according to ‘‘lost
C-band capacity,’’ without any
consideration of whether such capacity
actually has existing services that will
need to be relocated as a result of the
transition, as Eutelsat proposes, is
precisely the type of opportunity cost
calculation for which the Commission’s
Emerging Technologies precedent
expressly declines to provide
compensation. Rather than compensate
space station operators based on the
burden they are likely to bear in
accelerating the clearing process,
Eutelsat’s proposal would reward those
space station operators with the leastintensive use of existing capacity based
on an assumption of future use of such
capacity that far exceeds reasonably
foreseeable demand. The Commission
therefore finds that the formula for
allocating accelerated relocation
payments among eligible space station
operators adopted herein, which
provides compensation based on the
relative contributions of each eligible
space station operator to the accelerated
relocation process, is far more grounded
in Commission precedent and the
underlying rationale for providing
accelerated relocation payments than
the allocation method proposed by
Eutelsat.
219. Finally, the Commission finds
that its definition of eligible space
station operators appropriately
encompasses the incumbent space
station operators that will incur costs in
order to transition existing U.S. services
to the upper portion of the band and are
therefore entitled to receive
compensation for relocation costs and
potential accelerated relocation
payments. The Small Satellite Operators
argue that any transition of C-band
spectrum must provide compensation,
including ‘‘premium’’ payments above
relocation costs, to all space station
operators that operate space stations
that cover parts of the United States
using C-band spectrum. However, the
purpose of relocation costs and
potential accelerated relocation
payments is to compensate authorized
space station operators that provide Cband services to existing U.S. customers
using incumbent U.S. earth stations that
will need to be transitioned to the upper
portion of the band or otherwise
accommodated in order to avoid
harmful interference from new flexibleuse operations. The Commission
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22835
addresses the arguments of two of the
Small Satellite Operators—Hispasat and
ABS—that do not satisfy its definition of
eligibility for relocation costs.
220. Hispasat.—Hispasat recently
asked the Commission to make Hispasat
eligible for relocation costs and
accelerated relocation payments by
changing the definition of eligible space
station operators to remove the
requirement that the incumbent space
station operator must provide service to
an incumbent earth station. The
Commission notes that our definition of
incumbent earth stations requires that
earth stations must have been registered
(or licensed as a transmit-receive earth
station) by the relevant deadlines to
qualify for relocation cost
reimbursement. Hispasat states that it
‘‘does currently provide service in the
contiguous United States’’ to nine earth
stations in the contiguous United States
operated by an evangelical church that
did not register its earth stations with
the Commission.
221. The Commission rejects
Hispasat’s request. First, the
Commission is somewhat skeptical of
Hispasat’s apparently recent discovery
that it serves earth stations using C-band
spectrum in the contiguous United
States. In its October 2018 comments in
this proceeding, Hispasat made no
mention of providing service to those or
any other earth stations—indeed,
Hispasat there claimed its plans to
provide C-band services to the United
States were placed on hold pending the
outcome of the July 2018 NPRM. And so
The Commission puts little weight in
Hispasat’s recent claim to have
generated ‘‘U.S. C-band revenue’’ in
2017 from services provided to the ‘‘at
least nine’’ earth station locations that it
claims it still currently serves (a claim
unsupported by any further
documentation). And the Commission
declines to accept Hispasat’s revisions
to history that its prior filings in this
proceeding demonstrate (rather than
disclaim) that it has been providing
satellite service in the contiguous
United States for some time.
222. Second, although Hispasat makes
much of its speculation that the owner
of these nine earth stations lacked the
sophistication or knowledge to register
by the relevant deadlines and qualify as
incumbent earth stations, the
Commission finds that Hispasat has not
even shown that these nine earth
stations were eligible to register. For
one, Hispasat appears to be careful in its
filings not to claim that it uses the Cband spectrum to provide service to all
those earth stations. Indeed, the
Commission does not see how it could
given that publicly-available coverage
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data for the Amazonas-3 satellite C-band
beam footprint indicate that it is not
capable of providing service to several
of those earth station locations.20 (In
contrast, that same satellite’s Ku-band
North America beam does cover the
entire contiguous United States.) For
another, Hispasat does not provide any
specific information regarding when the
earth stations it claims to serve began
using C-band spectrum—they had to
have been operational as of April 19,
2018, if they were going to be eligible
to be registered.21 For yet another,
Hispasat provides no explanation of
unique circumstances that might merit
consideration of these stations—and the
Commission declines to adopt a
different standard for the earth stations
Hispasat claims to serve than the
Commission does for any other existing
C-band earth stations that were not
registered by the relevant deadlines.
Indeed, Hispasat fails to address one of
the primary reasons the Commission
froze new earth station authorizations
and required existing earth stations to
register by a fixed deadline in the first
place: To avoid gamesmanship and stop
operators from establishing new C-band
operations or earth stations for the
purpose of obtaining monies from the
transition to new terrestrial, flexible-use
operations in the band. It appears that
Hispasat’s entire premise is that it, and
it alone, should be able to engage in that
type of last-minute gamesmanship. The
Commission does not accept that
premise.
223. Third, the Commission rejects
Hispasat’s request because even if the
Commission accepted it, Hispasat
would not be an eligible incumbent
space station operator. Specifically, the
Commission limits relocation and
accelerated relocation payments to those
space station operators that had
demonstrated, as of February 1, 2020,
that they would incur any eligible costs
as a result of the transition. Because
Hispasat under its own proposal would
not be able to recover any costs for
transitioning incumbent earth stations
(it makes clear that it is not asking to
obtain incumbent status for the nine
earth stations it now claims to serve),
the only eligible costs it might have
would be to transition transponder
usage to the upper 200 megahertz. And
Hispasat does not provide any
information regarding what, if any, steps
it would need to take to transition these
alleged C-band services to the upper 200
20 See https://www.satbeams.com/footprints?
beam=7690 (last visited Feb. 23, 2020).
21 Beginning April 19, 2018, the Commission
placed a freeze on all FSS earth station registrations
for earth stations that were not operational as of that
date.
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megahertz; indeed it does not explicitly
claim that those services are provided
over frequencies in the lower 300
megahertz such that they would need to
be transitioned at all.
224. Because the purpose of
relocation and accelerated relocation
payments is to compensate eligible
space station operators for actually
relocating their existing services to the
upper 200 megahertz, Hispasat has
failed to demonstrate that the
Commission’s definition of ‘‘eligible
space station operators’’ unduly
excludes it from the class of incumbent
space station operators entitled to
relocation and accelerated relocation
payments.
225. ABS.—ABS asks the Commission
to make incumbent space station
operators eligible for reimbursement of
space station facilities that ‘‘will not
remain comparable after the transition.’’
Specifically, to be eligible for such
reimbursement, ABS proposes that an
incumbent space station operator must
operate a non-replacement satellite that
gained its FCC authorization to provide
service to any part of the contiguous
United States within 12 months of the
announcement of the freeze on C-band
earth station applications or,
alternatively, within 18 months of the
issuance of the NPRM in this
proceeding. ABS argues that the NOI,
freeze on new earth station applications,
and the NPRM in this proceeding
‘‘undermined ABS’s reasonable efforts
to commercialize the newly licensed
satellite—and thus the Commission
cannot know how much bandwidth
ABS would have needed (but for the
Commission’s actions) to avoid an
impairment of its C-band
authorization.’’ As a result, ABS argues
that it should be compensated for the
proportion of the costs of launching its
ABS–3A satellite attributable to eight
transponders that will be effected by the
transition.
226. The Commission rejects ABS’s
argument that uncertainty about the
outcome of this proceeding resulted in
its failure to commercialize any of its
ABS–3A capacity, as the Commission
finds this argument both unconvincing
and irrelevant. The only ABS satellite
capable of serving the United States has
been operational since 2015. The ABS–
3A satellite is positioned just south of
the Ivory Coast of northwest Africa, and
both its global and western hemisphere
C-band beams provide only edge
coverage to portions of the Eastern
United States.22 ABS did not seek
22 See
Satbeams Coverage Report, https://
www.satbeams.com/footprints?beam=8203 (last
visited Feb. 23, 2020).
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market access in the United States until
March 2017, and only after the
Commission released the NOI in this
proceeding in August 2017 did ABS
seek Commission authorization to
construct an earth station in Hudson,
NY in February 2018. Despite being
granted such authorization in March
2018, ABS failed to construct and
commence operations on the Hudson,
NY earth station. In sum, ABS’s satellite
was operational for a year-and-a-half
before it sought U.S. market access, for
two years prior to the NOI, and nearly
three years prior to the freeze on new Cband earth station registrations and the
subsequent NPRM. The notion that ABS
made significant investments in
launching this satellite with the specific
intent of providing robust services in
the United States and that it must be
compensated for the loss of those
investments is contradicted both by its
inaction in the United States in the fourand-a-half years since it launched ABS–
3A and the actual capabilities of ABS–
3A to provide service outside the United
States. Indeed, the satellite’s global and
western hemisphere C-band beams
target all or most of the South Atlantic
Ocean, Africa, the Middle East, Europe,
and South America and the eastern
hemisphere C-band beam covers all or
most of Africa, Europe, the
Mediterranean Sea, and the Middle
East.23
227. In any event, the requirement
that new licensees reimburse
incumbents for relocation costs applies
to reasonable actual costs incurred in
clearing the spectrum. This obligation
does not include reimbursement of
space station operators on an
assumption of future use of currently
unused capacity that far exceeds
reasonably foreseeable demand—the
loss of capacity that has not been used,
is not used, and not likely to ever be
used given the significant unused
capacity that remains available to ABS
is not a cognizable expense. Thus, the
Commission rejects ABS’s claim.
228. Allocating Payment Obligations
Among Overlay Licensees.—Finally, the
Commission explains the financial
responsibilities that each flexible-use
licensee will incur to reimburse the
space station operators. The
Commission finds it reasonable to base
the share for each overlay licensee on
the licensee’s pro rata share of gross
winning bids. This approach is similar
to the Commission’s approach in the HBlock proceeding, where the
23 See https://www.absatellite.com/satellite-fleet/
abs-3a/ (last visited Feb. 23, 2020); accord https://
www.satbeams.com/footprints?beam=8203 (last
visited Feb. 23, 2020).
E:\FR\FM\23APR2.SGM
23APR2
L..1=1
X
RC
j
230. For incumbent earth stations and
fixed service incumbent licensee
transition costs, a flexible-use licensee’s
pro rata share will be determined on a
PEA-specific basis, based on the final
clock phase prices for the license blocks
it won in each PEA. To calculate the pro
rata share for incumbent earth station
transition costs in a given PEA, the same
formula above will be used except now
I will be the set of licenses a bidder won
in the PEA, N will be the total blocks
sold in the PEA and RC will be the PEAspecific earth station and fixed service
relocation costs.
231. For the Phase I accelerated
relocation payments, the pro rata share
of each flexible use licensee of the 3.7
to 3.8 MHz in the 46 PEAs that are
cleared by December 5, 2021, will be the
sum of the final clock phase prices (P)
that the licensee won divided by the
total final clock phase prices for all M
license blocks sold in those 46 PEAs. To
determine a licensee’s RO the pro rata
share would then be multiplied by the
total accelerated relocation payment due
for Phase I, A1. Mathematically, this is
represented as:
RO
= ( ~¥
LiEI pi
p )
XA1
j
232. For Phase II accelerated
relocation payments, the pro rata share
of each flexible use licensee will be the
sum of the final clock phase prices (P)
that the licensee won in the entire
auction, divided by the total final clock
phase prices for all N license blocks
lotter on DSKBCFDHB2PROD with RULES2
L..1=1
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RO
= ( ~l"f
LiEI p
pi )
L..1=1
X
A2
j
5. Relocation Payment Clearinghouse
233. Next, the Commission finds that
selecting a single, independent
Relocation Payment Clearinghouse to
oversee the cost-related aspects of the
transition in a fair, transparent manner
will best serve the public interest. The
Commission’s experience in overseeing
other complicated, multi-stakeholder
transitions of diverse incumbents
demonstrates the need for an
independent party to administer the
cost-related aspects of the transition in
a fair, transparent manner, pursuant to
Commission rules and oversight, to
mitigate financial disputes among
stakeholders, and to collect and
distribute payments in a timely manner.
234. In the NPRM, the Commission
sought comment on a variety of
approaches for expanding flexible use of
the band. The Commission noted that,
under the private-sale approach, there
was record support for a centralized
facilitator, and it sought comment on
having the relevant space station
operators form a transition facilitator as
a cooperative entity to coordinate
negotiations, clearing, and repacking in
the band. The Commission also asked
about the role of the transition facilitator
and the form of supervisory authority
the Commission should maintain over
it.
235. In the July 19 Public Notice, the
Commission specifically sought
comment on how the Commission’s
approaches during the AWS–3 and 800
MHz transitions might inform this
proceeding. The Commission asked
whether it should designate a transition
administrator or require the creation of
a clearinghouse to facilitate the sharing
of the costs for mandatory relocation
and repacking.
236. The Commission agrees with
those commenters who contend that,
regardless of the approach selected to
transition some or all of the band to
flexible use, the Commission should
ensure that mechanisms exist to
guarantee a transparent transition
process with appropriate Commission
oversight. The Commission has adopted
cost-sharing plans that included private
clearinghouses to administer
reimbursement obligations among
licensees, and the Commission finds a
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similar approach to be in the public
interest here. The Clearinghouse must
be a neutral, independent entity with no
conflicts of interest (organizational or
personal) on the part of the organization
or its officers, directors, employees,
contractors, or significant
subcontractors. The Clearinghouse must
have no financial interests in incumbent
space station operators, incumbent earth
station operators, content companies
that distribute programming using this
band, wireless operators, or any entity
that may seek to acquire flexible-use
licenses, or to manufacture or market
equipment in this band. In addition, the
officers, directors, employees, and/or
contractors of the Clearinghouse should
also have no financial or organizational
conflicts of interest. The Clearinghouse
must be able to demonstrate that it has
the requisite expertise to perform the
duties required, which will include
collecting and distributing relocation
and accelerated relocation payments,
auditing incoming and outgoing
invoices, mitigating cost disputes among
parties, and generally acting as
clearinghouse.
237. Duties of the Clearinghouse.—
The Commission is cognizant of the
need to establish measures to prevent
waste, fraud, and abuse with respect to
reimbursement disbursements. The
Commission finds that the record and
the Commission’s experience in
managing other complicated transitions
demonstrate that an independent
Clearinghouse will ensure that the
transition is administered in a fair,
transparent manner, pursuant to
narrowly-tailored Commission rules and
subject to Commission oversight.
238. First, the Clearinghouse will be
responsible for collecting from all
incumbent space station operators and
all incumbent earth station operators a
showing of their relocation costs for the
transition as well as a demonstration of
the reasonableness of those costs.24 In
the event a party other than an
incumbent earth station operator
performs relocation work to transition
an earth station (such as an incumbent
space station operator or a network
performing such work pursuant to an
existing affiliation agreement), that
party may directly submit the showing
of relocation costs and receive
reimbursement, provided the parties do
not submit duplicate filings for the same
earth station relocation work. The
Clearinghouse will determine in the first
instance whether costs submitted for
24 When an incumbent space station operator
takes responsibility for clearing an incumbent earth
station, the incumbent space station operator bears
solely the responsibility of showing relocation costs
and their reasonableness.
E:\FR\FM\23APR2.SGM
23APR2
ER23AP20.005
RO= ( ~l"f
LiEipi)
p
sold in the auction. To determine a
licensee’s RO the pro rata share would
then be multiplied by the total
accelerated relocation payment due for
Phase II, A2. Mathematically, this is
represented as:
ER23AP20.004
Commission likewise used a pro rata
cost-sharing mechanism based on gross
winning bids. Indeed, several
commenters in this proceeding
proposed the H-Block pro rata
calculation as a model for determining
winning bidders’ shares here.
229. Specifically, for space station
transition and Relocation Payment
Clearinghouse costs, and in the event
the Wireless Telecommunications
Bureau selects a Relocation Coordinator,
Relocation Coordinator costs, the pro
rata share of each flexible-use licensee
will be the sum of the final clock phase
prices (P) for the set of all license blocks
(I) that a bidder wins divided by the
total final clock phase prices for all N
license blocks sold in the auction. To
determine a licensee’s reimbursement
obligation (RO), that pro rata share
would then be multiplied by the total
eligible relocation costs (RC).
Mathematically, this is represented as:
22837
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reimbursement are reasonable. Parties
seeking reimbursement for actual costs
must submit to the Clearinghouse a
claim for reimbursement, complete with
sufficient documentation to justify the
amount. The Clearinghouse shall review
reimbursement requests to determine
whether they are reasonable and to
ensure they comply with the
requirements adopted in this Report and
Order. The Clearinghouse shall give
parties the opportunity to supplement
any reimbursement claims that the
Clearinghouse deems deficient.
239. All incumbents seeking
reimbursement for their actual costs
shall provide justification for those
costs. Entities must document their
actual expenses and the Clearinghouse,
or a third-party on behalf of the
Clearinghouse, may conduct audits of
entities that receive reimbursements.
Entities receiving reimbursements must
make available all relevant
documentation upon request from the
Clearinghouse or its contractor.
240. To determine the reasonableness
of reimbursement requests, the
Clearinghouse may consider the
submission and supporting
documentation, and any relevant
comparable reimbursement
submissions. The Clearinghouse may
also submit to the Wireless
Telecommunications Bureau for its
review and approval a cost category
schedule. Reimbursement submissions
that fall within the estimated range of
costs in the cost category schedule
issued by the Bureau shall be presumed
reasonable. If the Clearinghouse
determines that the amount sought for
reimbursement is unreasonable, it shall
notify the party of the amount it deems
eligible for reimbursement. The
Commission also directs the Wireless
Telecommunications Bureau to make
further determinations related to
reimbursable costs, as necessary,
throughout the transition process.
241. Second, the Clearinghouse will
apportion costs among overlay licensees
and distribute payments to incumbent
space stations, incumbent earth station
operators, and appropriate surrogates of
those parties that incur compensable
costs. Following the public auction, the
Clearinghouse shall calculate the total
estimated share of each flexible-use
licensee, as well as the estimated costs
for the first six months of the transition
following the auction. The initial sixmonth estimate shall incorporate the
costs incurred prior to the auction as
well as the six months following the
auction. Flexible-use licensees shall pay
their share of the initial estimated
relocation payments into a
reimbursement fund, administered by
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20:23 Apr 22, 2020
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the Clearinghouse, shortly after the
auction. The Clearinghouse shall draw
from the reimbursement fund to pay
approved, invoiced claims.
242. Going forward, the Clearinghouse
shall calculate the overlay licensees’
share of estimated costs for a six-month
period and provide overlay licensees
with the amounts they owe at least 30
days before each six-month deadline.
Within 30 days of receiving the
calculation of their initial share, and
then every six months until the
transition is complete, overlay licensees
shall pay their share of estimated costs
into the reimbursement fund. The
Clearinghouse shall draw from the
reimbursement fund to pay approved
reimbursement claims. The
Clearinghouse shall pay approved
claims within 30 days of invoice
submission to flexible-use licensees so
long as funding is available. If the
reimbursement fund does not have
sufficient funds to pay approved claims
before a six-month replenishment, the
Clearinghouse shall provide flexible-use
licensees with 30 days’ notice of the
additional shares they must contribute.
Any interest arising from the
reimbursement fund shall be used to
defray the costs of the transition for all
overlay licensees on a pro rata basis. At
the end of the transition, the
Clearinghouse shall return any unused
amounts to overlay licensees according
to their shares.
243. As a condition of their licenses,
flexible-use licensees shall be
responsible collectively for the
accelerated relocation payments based
on their pro rata share of the gross
winning bids, similar to the way a
flexible-use licensee’s space station
relocation and Clearinghouse costs are
calculated. Where a space station
operator has elected to meet the
Accelerated Relocation Deadlines, the
accelerated relocation payment pro rata
calculation will be adjusted to reflect
the winning bidders of the flexible-use
licenses benefitting from the portion of
cleared spectrum. Under this scenario,
only the flexible-use licensees in the 46
PEAs of the lower 100 megahertz (A
block) that are the subject of the Phase
I Accelerated Relocation Deadline
would pay the Phase I accelerated
relocation payment, and all overlay
licensees would pay the Phase II
accelerated relocation payment.
244. If an overlay license is
relinquished to the Commission prior to
all relocation cost reimbursements and
accelerated relocation payments being
paid, the remaining payments will be
distributed among other similarly
situated overlay licensees. If a new
license is issued for the previously
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relinquished rights prior to final
payments becoming due, the new
overlay licensee will be responsible for
the same pro rata share of relocation
costs and accelerated relocation
payments as the initial overlay license.
If an overlay licensee sells its rights on
the secondary market, the new overlay
licensee will be obligated to fulfill all
payment obligations associated with the
license.
245. Overlay licensees will,
collectively, pay for the services of the
Clearinghouse and staff. The
Clearinghouse shall include its own
reasonable costs in the cost estimates it
uses to collect payments from overlay
licensees. To ensure the Clearinghouse’s
costs are reasonable, the Clearinghouse
shall provide to the Office of the
Managing Director and the Wireless
Telecommunications Bureau, by March
1 of each year, an audited statement of
funds expended to date, including
salaries and expenses of the
Clearinghouse. It shall also provide
additional financial information as
requested by the Office or Bureau to
satisfy the Commission’s oversight
responsibilities and/or agency-specific/
government-wide reporting obligations.
246. Third, the Clearinghouse will
serve in an administrative role and in a
function similar to a special master in
a judicial proceeding. The
Clearinghouse may mediate any
disputes regarding cost estimates or
payments that may arise in the course
of band reconfiguration; or refer the
disputant parties to alternative dispute
resolution fora.25 Any dispute
submitted to the Clearinghouse, or other
mediator, shall be decided within 30
days after the Clearinghouse has
received a submission by one party and
a response from the other party.
Thereafter, any party may seek
expedited non-binding arbitration,
which must be completed within 30
days of the recommended decision or
advice of the Clearinghouse or other
mediator. The parties will share the cost
of this arbitration if it is before the
Clearinghouse.
247. Should any issues still remain
unresolved, they may be referred to the
Wireless Telecommunications Bureau
within 10 days of recommended
decision or advice of the Clearinghouse
or other mediator and any decision of
the Clearinghouse can be appealed to
the Chief of the Bureau. When referring
25 We clarify that the Clearinghouse’s dispute
resolution role is limited to disputes over cost
estimates or payments. Disputes related to the
transition itself (e.g., facilities, workmanship,
preservation of service) should be reported to the
Relocation Coordinator or the Wireless
Telecommunications Bureau, as detailed below.
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an unresolved matter, the Clearinghouse
shall forward the entire record on any
disputed issues, including such
dispositions thereof that the
Clearinghouse has considered. Upon
receipt of such record and advice, the
Bureau will decide the disputed issues
based on the record submitted. The
Bureau is directed to resolve such
disputed issues or designate them for an
evidentiary hearing before an
Administrative Law Judge. If the Bureau
decides an issue, any party to the
dispute wishing to appeal the decision
may do so by filing with the
Commission, within 10 days of the
effective date of the initial decision, a
Petition for de novo review, whereupon
the matter will be set for an evidentiary
hearing before an Administrative Law
Judge. Parties seeking de novo review of
a decision by the Bureau are advised
that, in the course of the evidentiary
hearing, the Commission may require
complete documentation relevant to any
disputed matters, and, where necessary,
and at the presiding judge’s discretion,
require expert engineering, economic or
other reports, or testimony. Parties may
therefore wish to consider possibly less
burdensome and expensive resolution of
their disputes through means of
alternative dispute resolution.
248. Fourth, the Clearinghouse shall
provide certain information and reports
to the Commission to facilitate our
oversight of the transition. Each quarter,
the Clearinghouse shall file progress
reports in such detail as the Wireless
Telecommunications Bureau may
require. Such reports shall include
detail on the status of reimbursement
funds available for obligation, the
relocation and accelerated relocation
payments issued, the amounts collected
from overlay licensees, and any
certifications filed by incumbents. The
quarterly progress reports must account
for all funds spent to transition the
band, including its own expenses
(including salaries and fees paid to law
firms, accounting firms, and other
consultants). The quarterly progress
reports shall include descriptions of any
disputes and the manner in which they
were resolved.
249. The Clearinghouse shall provide
to the Wireless Telecommunications
Bureau and the Office of the Managing
Director additional information upon
request. For example, the Bureau may
request that the Clearinghouse estimate
the average costs of transitioning an
incumbent earth station to aid the
Bureau’s determination of a lump sum
payment for such stations that seek
flexibility in pursuing the transition. Or
the Bureau may require the
Clearinghouse to file special reports
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leading up to or after the Relocation
Deadline or the Accelerated Relocation
Deadlines, reporting on the status of
funds associated with such deadlines so
that the Commission can take
appropriate action in response. The
Commission would anticipate that the
Bureau would require the Clearinghouse
to issue a special, audited report after
the Relocation Deadline, identifying any
issues that have not readily been
referred to the Commission as well as
what actions, if any, need to be taken for
the Clearinghouse to complete its
obligations (including the estimated
costs and time frame for completing that
work). And the Commission directs the
Wireless Telecommunications Bureau to
assign the Clearinghouse any additional
tasks as needed to ensure that the
transition of the band proceeds
smoothly and expeditiously.
250. To the extent commenters argue
that an independent Clearinghouse is
unnecessary, the Commission disagrees.
Allowing incumbent space station
operators, or other stakeholders, to
determine the reasonableness of their
own costs and bill overlay licensees
accordingly creates an inherent conflict
of interest—one that can be easily
mitigated through an independent thirdparty Clearinghouse.
251. Selecting the Clearinghouse.—In
the 800 MHz proceeding, the
Commission appointed a committee of
stakeholders to select an independent
Transition Administrator to manage the
complicated process of relocating
incumbent licensees, including public
safety, within the 800 MHz band. The
Commission follows suit and finds that
the best approach for ensuring that the
transition of the band will proceed on
schedule is for a committee of
stakeholders in the band to select a
Relocation Payment Clearinghouse.
252. The search committee will be
composed of nine members appointed
by nine entities that we find,
collectively, reasonably represent the
interests of stakeholders in the
transition. Specifically, Intelsat, SES,
Eutelsat, NAB, NCTA, ACA, CTIA, CCA,
and WISPA will each appoint one
representative to the search committee.
Intelsat, SES, and Eutelsat represent
varying views of the space station
operators, and Eutelsat shares many
views similar to those of the Small
Satellite Operators. Although the
interests of incumbent earth stations are
richly diverse, we find that the
membership of NAB, NCTA, and ACA
and their positions advocated in this
proceeding fairly represent the broad
interests of earth stations large and
small, including those in rural areas and
those that are transportable. The
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22839
Commission also finds that the
membership and advocacy of CTIA,
CCA, and WISPA fairly represents the
views of prospective flexible-use
licensees, including small and rural
businesses. The search committee
should proceed by consensus; however,
if a vote on selection of a Clearinghouse
is required, it shall be by a majority
vote.
253. The Commission recommends
the search committee convene by March
31, 2020; the Commission requires that
it shall convene no later than 60 days
after publication of this Report and
Order in the Federal Register. Further,
it shall notify the Commission of the
detailed selection criteria for the
position of Clearinghouse by June 1,
2020. Such criteria must be consistent
with the qualifications, roles, and duties
of the Clearinghouse. The search
committee should ensure that the
Clearinghouse meets relevant best
practices and standards in its operation
to ensure an effective and efficient
transition.
254. The Clearinghouse should be
required, in administering the
transition, to (1) engage in strategic
planning and adopt goals and metrics to
evaluate its performance, (2) adopt
internal controls for its operations, (3)
use enterprise risk management
practices, and (4) use best practices to
protect against improper payments and
to prevent fraud, waste, and abuse in its
handling of funds. The Clearinghouse
must be required to create written
procedures for its operations, using the
Government Accountability Office’s
(GAO) Green Book 26 to serve as a guide
in satisfying such requirements.
255. The search committee should
also ensure that the Clearinghouse
adopts robust privacy and data security
best practices in its operations, given
that it will receive and process
information critical to ensuring a
successful and expeditious transition.
The Clearinghouse should therefore also
comply with, on an ongoing basis, all
applicable laws and Federal government
guidance on privacy and information
security requirements such as relevant
provisions in the Federal Information
Security Management Act (FISMA),27
26 GAO, The Green Book: Standards for Internal
Control in the Federal Government, GAO–14–704G,
(rel. Sep 10, 2014). Available at https://www.gao.gov/
greenbook/overview.
27 Federal Information Security Management Act
of 2002 (FISMA 2002), enacted as Title III, EGovernment Act of 2002, Public Law 107–347, 116
Stat. 2899, 2946 (Dec. 17, 2002) was subsequently
modified by the Federal Information Security
Modernization Act of 2014 (Pub. L. 113–283, Dec.
18, 2014). As modified, FISMA is codified at 44
U.S.C. 3551 et seq.
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National Institute of Standards and
Technology (NIST) publications, and
Office of Management and Budget
guidance. The Clearinghouse should be
required to hire a third-party firm to
independently audit and verify, on an
annual basis, the Clearinghouse’s
compliance with privacy and
information security requirements and
to provide recommendations based on
any audit findings; to correct any
negative audit findings and adopt any
additional practices suggested by the
auditor; and to report the results to the
Bureau.
256. The Wireless
Telecommunications Bureau is directed
to issue a Public Notice notifying the
public that the search committee has
published criteria for the selection of
the Clearinghouse, outlining the
submission requirements, and providing
the closing dates for the selection of the
Clearinghouse.
257. The search committee shall
notify the Commission of its choice for
the Clearinghouse no later than July 31,
2020. This notification shall: (a) Fully
disclose any actual or potential
organizational or personal conflicts of
interest or appearance of such conflict
of interest of the Clearinghouse or its
officers, directors, employees, and/or
contractors; and (b) set out in detail the
salary and benefits associated with each
position. Additionally, the Commission
expects that the Clearinghouse will
enter into one or more appropriate
contracts with incumbent space station
operators, overlay licensees, and their
agents or designees. The Clearinghouse
shall have an ongoing obligation to
update this information as soon as
possible after any relevant changes are
made.
258. After receipt of the notification,
the Bureau is hereby directed to issue a
Public Notice inviting comment on
whether the entity selected satisfies the
criteria set out here. Following the
comment period, the Bureau will issue
a final order announcing that the criteria
established in this Report and Order
either have or have not been satisfied;
should the Bureau be unable to find the
criteria have been satisfied, the selection
process will start over and the search
committee will submit a new proposed
entity. During the course of the
Clearinghouse’s tenure, the Commission
will take such measures as are necessary
to ensure a timely transition.
259. In the event that the search
committee fails to select a
Clearinghouse and to notify the
Commission by July 31, 2020, the search
committee will be dissolved without
further action by the Commission. In the
event that the search committee fails to
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20:23 Apr 22, 2020
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select a Clearinghouse and to notify the
Commission by July 31, 2020, two of the
nine members of the search committee
will be dropped therefrom by lot, and
the remaining seven members of the
search committee shall select a
Clearinghouse by majority vote by
August 14, 2020.
260. To ensure the timely and
efficient transition of the band, the
Commission directs the Wireless
Telecommunications Bureau to provide
the Clearinghouse with any needed
clarifications or interpretations of the
Commission’s orders. The Bureau, in
consultation with the Office of the
Managing Director, may request any
documentation from the Clearinghouse
necessary to provide guidance or carry
out oversight. And to protect the fair
and level playing field for applicants to
participate in the Commission’s auction,
beginning on the initial deadline for
filing auction applications until the
deadline for making post-auction down
payments, the Clearinghouse must make
real time disclosures of the content and
timing of, and the parties to,
communications, if any, from or to
applicants in the auction, as applicants
are defined by the Commission’s rule
prohibiting certain auction-related
communications.28
261. The Wireless
Telecommunications Bureau is hereby
directed to issue a Public Notice upon
receipt of a request of the Clearinghouse
to wind down and suspend operations.
If no material issues are raised within 15
days of the release of said Public Notice,
the Bureau may grant the
Clearinghouse’s request to suspend
operations on a specific date. Overlay
licensees must pay all costs prior to the
date set forth in the Public Notice.
6. The Logistics of Relocation
262. The Commission next addresses
the logistics of relocating FSS
operations out of the lower 300
megahertz of the C-band spectrum. The
Commission discusses the obligations
for eligible space station operators that
select to clear by the Accelerated
Relocation Deadlines and adopts filing
requirements and deadlines associated
with those obligations. The Commission
also adopts additional requirements for
eligible space station operators that do
28 See 47 CFR 1.2105(c). Because all applicants’
communications with the Clearinghouse will be
public as a result of this requirement and therefore
available to other applicants, applicants must take
care that their communications with the
Clearinghouse do not violate the prohibition against
communications by revealing bids or bidding
strategies. Applicants further will have to consider
their independent obligation to report potential
violations to the Commission pursuant to auction
rules.
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not elect to clear by the Accelerated
Relocation Deadlines in order to ensure
that incumbent earth station operators,
other C-band satellite customers, and
prospective flexible-use licensees are
adequately informed and
accommodated throughout the
transition. Finally, the Commission
finds it in the public interest to appoint
a Relocation Coordinator to ensure that
all incumbent space station operators
are relocating in a timely manner.
263. In the NPRM, the Commission
sought comment on the logistics of
relocating FSS operations. The
Commission sought comment on having
the relevant space station operators form
a transition facilitator as a cooperative
entity to coordinate negotiations,
clearing, and repacking in the band. The
Commission also asked about the role of
the transition facilitator and the form of
supervisory authority the Commission
should maintain over it. The
Commission also sought comment on a
process whereby, after the transition
facilitator has coordinated with relevant
stakeholders regarding the transition of
services to the upper portion of the
band, it would file with the Commission
a transition plan describing the
spectrum to be made available for
flexible use, the timeline for completing
the transition, and the commitments
each party has made to ensure that all
relevant stakeholders are adequately
accommodated and able to continue
receiving existing C-band services posttransition. The Commission sought
comment on whether to require that the
transition plan explain how the
spectrum will be cleared, what types of
provisions should be required to ensure
that relevant stakeholders are
adequately accommodated, and whether
to set a deadline for the submission of
a transition plan. To facilitate
transparency in the transition process,
the NPRM sought comment on whether
the transition plan should be subject to
Commission approval, and on whether
it should be made available for public
review and comment.
264. Several commenters argue for a
centralized transition facilitator to
guarantee a transparent transition
process with appropriate Commission
oversight. Several incumbent space
station operators argue that a transition
facilitator to coordinate relocation is
either unnecessary or that incumbent
space station operators should
coordinate the relocation of their own
customers. Several commenters in turn
support requiring the submission of a
transition plan to be made available for
public review and comment.
Commenters ask the Commission to
require that the transition plan describe
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in detail the estimated costs to
transition the band, including
reimbursement of reasonable costs to
incumbent earth station operators and
satellite customers, the schedule for
clearing and deadlines for a completed
transition, and plans for how
incumbents will be accommodated and
continue to receive existing C-band
services.
265. The Commission finds that
making eligible space station operators
individually responsible for all space
station clearing obligations will promote
an efficient and effective space station
transition process. In light of the
complicated interdependencies
involved in transitioning earth station
operations to the upper 200 megahertz
of C-band spectrum, as well as the
extensive number of registered
incumbent earth stations, incumbent
space station operators are best
positioned to know when and how to
migrate incumbent earth stations and
when filtering incumbent earth stations
is feasible. Incumbent space station
operators have the technical and
operational knowledge to perform the
necessary satellite grooming to
transition C-band satellite services into
the upper 200 megahertz of the band.
This approach will leverage space
station operators’ expertise, as well as
their incentive to achieve an effective
transition of space station operations, in
order to maintain ongoing C-band
services in the future.
266. The Commission nonetheless
agrees with commenters that the
Commission must maintain oversight of
the transition throughout. The
Commission tailors this transition plan
to whether incumbent space station
operators elect to meet the Accelerated
Relocation Deadlines in recognition that
such an election would align the
incentives of the incumbent space
station operators with the Commission’s
goal of rapidly introducing mid-band
spectrum into the marketplace. The
Commission starts with that election.
267. Transition for Operators that
Elect Accelerated Relocation.—If space
station operators choose to clear on the
accelerated timeframe in exchange for
an accelerated relocation payment, they
must do so via a written commitment by
filing an Accelerated Relocation
Election in this docket by May 29, 2020.
Commitments to early clearing will be
crucial components of prospective
flexible-use licensees’ decisions to
compete for a particular license at
auction. The Commission therefore
finds it appropriate to require space
station operators to commit to early
clearing as soon as possible to provide
bidders with adequate certainty
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regarding the clearing date and payment
obligations associated with each license.
Such elections shall be public and
irrevocable, and the Commission directs
the Wireless Telecommunications
Bureau to prescribe the precise form of
such election via Public Notice no later
than May 12, 2020.
268. Because the Commission finds
that overlay licensees would only value
accelerated relocation if a significant
majority of incumbent earth stations are
cleared in a timely manner, the
Commission finds that at least 80% of
accelerated relocation payments must be
accepted via Accelerated Relocation
Elections in order for the Commission to
accept elections and require overlay
licensees to pay accelerated relocation
payments.29 The Commission
accordingly directs the Wireless
Telecommunications Bureau to issue a
Public Notice by June 5, 2020,
announcing whether sufficient elections
have been made to trigger early
relocation or not.
269. By electing accelerated
relocation, an eligible space station
operator voluntarily commits to paying
the administrative costs of the
Clearinghouse until the Commission
awards licenses to the winning bidders
in the auction, at which time those
administrative costs will be repaid to
those space station operators.
270. By electing accelerated
relocation, an eligible space station
operator voluntarily commits not only
to relocating its own services out of the
lower 300 megahertz by the Accelerated
Relocation Deadlines (both Phase I and
Phase II) but also to take responsibility
for relocating its associated incumbent
earth stations by those same deadlines.
A space station operator must plan,
coordinate, and perform (or contract for
the performance of) all the tasks
necessary to migrate any incumbent
earth station that receives or sends
signals to a space station owned by that
operator, whether the satellite service
provider is in direct privity of contract
with the earth station operator or
indirectly through another entity; in
short, the space station operator must
provide a turnkey solution to the
transition. When a space station
operator takes responsibility, its
associated incumbent earth station
operators need only facilitate the space
station operator’s completion of that
earth station’s relocation, for example,
by helping with scheduling, providing
29 We
make clear that if the accelerated elections
meet the 80% threshold, only those space station
operators that chose to clear on an accelerated
timeframe will be expected to meet the accelerated
deadlines.
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access to facilities, and confirming the
work performed.
271. The one exception to the rule is
for incumbent earth station operators
that choose to opt out of the formal
relocation process by taking the lump
sum relocation payment in lieu of its
actual relocation costs. Such an
incumbent earth station operator would
then be responsible for coordinating
with the relevant space station operator
as necessary and performing all
relocation actions on its own, including
switching to alternative transmission
mechanisms such as fiber.
272. Only incumbent earth station
transition delays that are beyond the
control of the incumbent space station
operators will not impact their
eligibility for the accelerated relocation
payment. However, to partake of this
exception, the Commission requires that
any eligible space station operator
submit a notice of any incumbent earth
station transition delays to the Wireless
Telecommunications Bureau within
seven days of discovering an inability to
accomplish the assigned earth station
transition task. Such a request must
include supporting documentation to
allow for resolution as soon as
practicable and must be submitted
before the Accelerated Relocation
Deadlines. To be clear, a space station
operator’s associated incumbent earth
stations will lose their interference
protection for the relevant band once
the space station operator has met its
obligations under the Accelerated
Relocation Deadline for Phase I or Phase
II.
273. The Commission will determine
whether an eligible space station
operator has met its accelerated
benchmark on an individual basis in
order to protect such operators from
potential holdout from other operators.
Maintaining individualized eligibility
can facilitate competition among space
station operators—after all, content
distributors and incumbent earth
stations are more likely to choose to use
operators that can meet their publicly
elected deadlines for the transition than
those that fail to do so. And even if
some eligible space station operators
have not relocated by the Accelerated
Relocation Deadlines, the Commission
finds that value still exists for flexibleuse licensees to be able to start
deploying terrestrial operations in some
areas before the final Relocation
Deadline.30
30 Although we anticipate that flexible-use
licensees may begin deploying and constructing
their networks before all incumbents have cleared
the band, we clarify that—absent the consent of
affected incumbent earth stations—flexible-use
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274. By providing Accelerated
Relocation Deadlines that eligible space
station operators can commit to meet in
order to receive accelerated relocation
payments, the Commission will align
the space station operators’ incentives
with the Commission’s goal of rapidly
introducing mid-band spectrum into the
marketplace.
275. The Commission’s goal is to
facilitate the expeditious deployment of
next-generation services nationwide
across the entire 280 megahertz made
available for terrestrial use, and the
Commission’s rules must properly align
the incentives of eligible space station
operators to hit that target. To the extent
eligible space station operators can meet
the Phase I and Phase II Accelerated
Relocation Deadlines, they will be
eligible to receive the accelerated
relocation payments associated with
those deadlines. And the Commission
agrees with commenters that electing
space station operators should receive
reduced, but non-zero, accelerated
relocation payments should they miss
the specific deadlines. Indeed,
commenters rightly argue that creating a
‘‘cliff’’ on the first day beyond the
relevant deadline could create perverse
incentives for space station operators to
rush the relocation process at the
expense of their customers (to avoid the
loss of the entire payment), or to stop
transition work entirely (since they
could not get any accelerated relocation
payment if they miss the deadline even
by a day or a month). The Commission
thus adopts a sliding scale of decreasing
accelerated relocation payments that
will provide enough of a ‘‘carrot’’ for
space station operators to continue to
accelerate their relocation even where
they miss the relevant deadline while
also maintaining a ‘‘stick’’ that does not
render the accelerated relocation
deadlines meaningless. Specifically, the
Commission adopts the following
schedule of declining accelerated
relocation payments for the six months
following each Accelerated Relocation
Deadline. If an incumbent space station
operator cannot complete the transition
within six months of the relevant
Accelerated Relocation Deadline, its
associated payment will drop to zero.
Date of completion
Incremental
reduction
(%)
By Deadline .............................................................................................................................................................
1–30 Days Late .......................................................................................................................................................
31–60 Days Late .....................................................................................................................................................
61–90 Days Late .....................................................................................................................................................
91–120 Days Late ...................................................................................................................................................
121–150 Days Late .................................................................................................................................................
151–180 Days Late .................................................................................................................................................
181+ Days Late .......................................................................................................................................................
........................
5
5
10
10
20
20
30
Accelerated
relocation
payment
(%)
100
95
90
80
70
50
30
0
276. Subject to confirmation as to the
validity of the certification, an eligible
space station operator’s satisfaction of
the Accelerated Relocation Deadlines
will be determined by the timely filing
of a Certification of Accelerated
Relocation demonstrating, in good faith,
that it has completed the necessary
clearing actions to satisfy each deadline.
An eligible space station operator shall
file a Certification of Accelerated
Relocation with the Clearinghouse and
make it available for public review in
this docket once it completes its
obligations but no later than the
applicable relocation deadline. The
Commission directs the Wireless
Telecommunications Bureau to
prescribe the form of such certification.
277. The Bureau, Clearinghouse, and
relevant stakeholders will have the
opportunity to review the Certification
of Accelerated Relocation and identify
potential deficiencies. The Commission
directs the Wireless
Telecommunications Bureau to
prescribe the form of any challenges by
relevant stakeholders as to the validity
of the certification, and to establish the
process for how such challenges will
impact the incremental decreases in the
accelerated relocation payment. If
credible challenges as to the space
station operator’s satisfaction of the
relevant deadline are made, the Bureau
will issue a public notice identifying
such challenges and will render a final
decision as to the validity of the
certification no later than 60 days from
its filing. Absent notice from the Bureau
of any such deficiencies within 30 days
of the filing of the certification, the
Certification of Accelerated Relocation
will be deemed validated.
278. An eligible space station operator
that meets the Phase I Accelerated
Relocation Deadline and files the
appropriate Certification of Accelerated
Relocation may request its Phase I
accelerated relocation payment for
disbursement. The Clearinghouse will
collect and distribute the accelerated
relocation payments. The Clearinghouse
shall promptly notify overlay licensees
following validation of the Certification
of Accelerated Relocation. Overlay
licensees shall pay the accelerated
relocation payments to the
Clearinghouse within 60 days of the
notice that eligible space station
operators have met their respective
accelerated clearing benchmark.31 The
Clearinghouse shall disburse accelerated
relocation payments to relevant space
station operators within seven days of
receiving the payment from overlay
licensees. Overlay licensees may begin
operations in their respective blocks and
PEAs upon notice of a validated
Certification of Accelerated Relocation,
and, as relevant, following payment of
any required accelerated relocation
payments.32
279. Transition for Non-Electing
Operators.—By declining to elect for
accelerated relocation payments, an
incumbent space station operator is
irrevocably forfeiting any right to
accelerated relocation payments, even if
it completes all tasks by the Accelerated
Relocation Deadlines and files a
Certification of Accelerated Relocation.
This is so because bidders in the public
auction must know what obligations
they will incur if they become overlay
licensees, and the commitment to
accelerated relocation therefore must
licensees may not begin operations until either the
filing of a validated Certification of Accelerated
Relocation or the lapse of the Relocation Deadline.
31 We note that overlay licensees that fail to
submit timely payment would be in violation of a
condition of their license and therefore be subject
to enforcement action, including potential monetary
forfeitures, as well as loss of the license.
32 To the extent overlay licensees negotiate to
clear incumbents from the band earlier than any
deadlines, they may deploy service with the
consent of affected incumbent earth stations earlier
than the deadline—but only so long as they make
all required payments to the Clearinghouse in a
timely manner.
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come well in advance of the auction.
The Commission therefore finds it
appropriate to limit eligible space
station operators’ ability to make such
an election in the Accelerated
Relocation Election filed no later than
May 29, 2020.
280. Transition Plan.—The
Commission requires each eligible space
station operator to submit to the
Commission and make available for
public review a Transition Plan
describing the necessary steps and
estimated costs to transition all existing
services out of the lower 300 megahertz
of C-band spectrum. Such plans must be
filed by June 12, 2020. The Transition
Plan must describe in detail the
necessary steps for accomplishing the
complete transition of existing C-band
services to the upper 200 megahertz of
the band by the Relocation Deadline or,
as applicable, by the Accelerated
Relocation Deadlines.33 Except where
an incumbent earth station owner elects
the lump sum payment and assumes
responsibility for transitioning its own
earth stations, eligible space station
operators that elect Accelerated
Relocation Payments are responsible for
relocating all associated incumbent
earth stations, and therefore must detail
the details of such relocation in the
Transition Plan.34 To the extent an
incumbent space station operator does
not elect Accelerated Relocation
Payments but nevertheless plans to
assume responsibility for relocating its
own associated incumbent earth
stations, it must make that clear in the
Transition Plan (the responsibility
otherwise falls on incumbent earth
station owners to work with overlay
licensees to facilitate an appropriate
transition). The Transition Plan must
also state a range of estimated costs for
the transition, with appropriate
itemization to allow reasonable review
by overlay licensees, the Clearinghouse,
and the Commission.
281. To ensure that incumbent earth
station operators, other C-band satellite
customers, and prospective flexible-use
licensees are adequately informed
regarding the transition, the Transition
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33 All
required filings should be made in the
docket for this proceeding, GN Docket No. 18–122.
34 We encourage space station operators to
coordinate with and seek input from associated
incumbent earth station operators and other C-band
satellite customers in developing their Transition
Plans, and to work cooperatively with earth station
operators—even those that elect a lump sum
payment—during the transition. We decline,
however, to require space station operators to
include all of their ‘‘express agreed commitments’’
to their customers in the transition plans, as QVC
and HSN request, as such requirement would be
overly burdensome. The opportunity to comment
on Transition Plans provides these customers the
opportunity to raise concerns.
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Plan must describe in detail: (1) All
existing space stations with operations
that will need to be repacked into the
upper 200 megahertz; (2) the number of
new satellites, if any, that the space
station operator will need to launch in
order to maintain sufficient capacity
post-transition, including detailed
descriptions of why such new satellites
are necessary; (3) the specific grooming
plan for migrating existing services to
the upper 200 megahertz, including the
pre- and post-transition frequencies that
each customer will occupy; 35 (4) any
necessary technology upgrades or other
solutions, such as video compression or
modulation, that the space station
operator intends to implement; (5) the
number and location of earth stations
antennas currently receiving the space
station operator’s transmissions that
will need to be transitioned to the upper
200 megahertz; (6) an estimate of the
number and location of earth station
antennas that will require retuning and/
or repointing in order to receive content
on new transponder frequencies posttransition; and (7) the specific timeline
by which the space station operator will
implement the actions described in
items (2) through (6).
282. The Commission recognizes that
certain space station operators may find
it advantageous or necessary to develop
a combined space station grooming plan
that allows for more efficient clearing
by, for example, migrating customers to
excess capacity on another space station
operator’s satellites. Such space station
operators are free to file either
individual or joint Transition Plans, so
long as any combined plan separately
identifies and describes all required
information (i.e., items 1 through 7) as
it pertains to each individual operator.
283. Incumbent earth station
operators, programmers, and other Cband stakeholders will have an
opportunity to file comments on each
Transition Plan by July 13, 2020. The
Wireless Telecommunications Bureau is
directed to issue a Public Notice
detailing the process for such notice and
comment.
284. The Commission also recognizes
that there may be a need for an
incumbent space station operator to
make changes to its Transition Plan to
35 While we recognize that space station operators
may have an interest in maintaining confidentiality
regarding certain aspects of specific contractual
agreements and identifying customer information,
we require that any information necessary to
effectuate the transition in a transparent manner
must be included in this filing. If space station
operators will be migrating customers to
frequencies on a different operator’s space station,
the details of that arrangement between two space
station operators would be deemed necessary
information.
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update certain information or to cure
any defects that may be identified by the
Commission or by relevant stakeholders
during the comment window. Space
station operators must make any
necessary updates or resolve any
deficiencies in their individual
Transition Plans by August 14, 2020.
After this date, space station operators
may only make further adjustments to
their individual plans with the approval
of the Commission.
285. Relocation Coordinator and
Status Reports.—The Commission finds
it in the public interest to provide for a
Relocation Coordinator to ensure that all
incumbent space station operators are
relocating in a timely manner. If eligible
space station operators elect accelerated
relocation so that a supermajority (80%)
of accelerated relocation payments are
accepted (and thus accelerated
relocation is triggered), the Commission
finds it in the public interest to allow a
search committee of such operators to
select a Relocation Coordinator.
Specifically, each electing space station
operator may select one representative
for the search committee, and the
committee shall work by consensus to
the extent possible or by supermajority
vote (representing 80% of electing
operators’ accelerated relocation
payments) to the extent consensus
cannot be reached.36 If electing eligible
space station operators select a
Relocation Coordinator, they shall also
be responsible for paying for its costs
out of accelerated relocation
payments—this will align the incentives
of the Relocation Coordinator and the
search committee to minimize costs
while maximizing the chances of
meeting the Accelerated Relocation
Deadlines.37
286. The Relocation Coordinator must
be able to demonstrate that it has the
requisite expertise to perform the duties
required, which will include: (1)
Coordinating the schedule for clearing
the band; (2) performing engineering
analysis, as necessary, to determine
necessary earth station migration
actions; (3) assigning obligations, as
36 Given that the space station operators have
primary responsibility for transitioning their
associated incumbent earth stations, we decline
NCTA’s request to include earth station operators
in the search committee for the Relocation
Coordinator.
37 Because this approach for selecting the
Relocation Coordinator does not require that the
selected entity be a neutral third-party, it is possible
that the search committee will select a consortium
of eligible space station operators. We therefore
reject SES’s request that overlay licensees, rather
than space station operators, pay for the costs of the
Relocation Coordinator, as such an approach could
lead to self-dealing on the part of the Relocation
Coordinator and create unnecessary additional costs
for overlay licensees.
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necessary, for earth station migrations
and filtering; (4) coordinating with
overlay licensees throughout the
transition process; (5) assessing the
completion of the transition in each
PEA and determining overlay licensees’
ability to commence operations; and (6)
mediating scheduling disputes. The
search committee shall notify the
Commission of its choice of Relocation
Coordinator no later than July 31, 2020.
287. The Wireless
Telecommunications Bureau is hereby
directed to issue a Public Notice
inviting comment on whether the entity
selected satisfies the criteria set out
here. Following the comment period,
the Bureau will issue a final order
announcing that the criteria established
in this Report and Order either have or
have not been satisfied; should the
Bureau be unable to find the criteria
have been satisfied, the selection
process will start over and the search
committee will submit a new proposed
entity. During the course of the
Relocation Coordinator’s tenure, the
Commission will take such measures as
are necessary to ensure a timely
transition.
288. In the event that the search
committee fails to select a Relocation
Coordinator and to notify the
Commission by July 31, 2020, the search
committee will be dissolved without
further action by the Commission. In the
event the search committee fails to
select a Relocation Coordinator, or in
the case that at least 80% of accelerated
relocation payments are not accepted
(and thus accelerated relocation is not
triggered), the Commission will initiate
a procurement of a Relocation
Coordinator to facilitate the transition.
Specifically, the Commission directs the
Office of the Managing Director to
initiate a procurement process, and the
Wireless Telecommunications Bureau to
take other necessary actions to meet the
Accelerated Relocation Deadlines (to the
extent applicable to any given operator)
and the Relocation Deadline.
289. In the case that the Wireless
Telecommunications Bureau selects the
Relocation Coordinator, overlay
licensees will, collectively, pay for the
services of the Relocation Coordinator
and staff. The Relocation Coordinator
shall submit its own reasonable costs to
the Relocation Payment Clearinghouse,
who will then collect payments from
overlay licensees. It shall also provide
additional financial information as
requested by the Bureau to satisfy the
Commission’s oversight responsibilities
and/or agency-specific/governmentwide reporting obligations. Once
selected, the Commission expects that
the Relocation Coordinator will enter
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into one or more appropriate contracts
with incumbent space station operators,
overlay licensees, and their agents or
designees.
290. However selected, the Relocation
Coordinator’s responsibilities will be
the same. In short, the Relocation
Coordinator may establish a timeline
and take actions necessary to migrate
and filter incumbent earth stations to
ensure uninterrupted service during and
following the transition. The Relocation
Coordinator must review the Transition
Plans filed by all eligible space station
operators and recommend any changes
to those plans to the Commission to the
extent needed to ensure a timely
transition. To the extent that incumbent
earth stations are not accounted for in
eligible space station operators’
Transition Plans, the Relocation
Coordinator must prepare an Earth
Station Transition Plan for such
incumbent earth stations and may
require each associated space station
operator to file the information needed
for such a plan with the Relocation
Coordinator. Where space station
operators do not elect to clear by the
Accelerated Relocation Deadlines and
therefore are not responsible for earth
station migration and filtering, the Earth
Station Transition Plan must provide
timelines that ensure all earth station
relocation is completed by the
Relocation Deadline. The Relocation
Coordinator will describe and
recommend the respective
responsibility of each party for earth
station migration obligations in the
Earth Station Transition Plan and assist
incumbent earth stations in
transitioning including, for example, by
installing filters or hiring a third party
to install such filters to the extent
necessary. For example, where an earth
station requires repointing or retuning
to receive transmissions on a new
frequency or satellite, it might be most
efficient for the same party performing
those tasks to also install the necessary
filter at the same time.
291. The Relocation Coordinator shall
coordinate its operations with overlay
licensees, who must ultimately pay for
such relocation costs. The most efficient
party to perform earth station migration
actions or install an earth station filter,
and the timeframe for doing so, likely
will vary widely across earth stations.
Incumbent space station operators must
cooperate in good faith with the
Relocation Coordinator—and the
Relocation Coordinator must, likewise,
coordinate in good faith with incumbent
space station operators—throughout the
transition. The Relocation Coordinator
will also be responsible for receiving
notice from earth station operators or
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other satellite customers of any disputes
related to comparability of facilities,
workmanship, or preservation of service
during the transition and shall
subsequently notify the Wireless
Telecommunications Bureau of the
dispute and provide recommendations
for resolution.
292. To protect the fair and level
playing field for applicants to
participate in the Commission’s auction,
beginning on the initial deadline for
filing auction applications until the
deadline for making post-auction down
payments, the Relocation Coordinator
must make real-time disclosures of the
content and timing of, and the parties
to, communications, if any, from or to
applicants in the auction, as applicants
are defined by the Commission’s rule
prohibiting certain auction-related
communications.
293. The Commission also agrees with
commenters like Global Eagle and NAB
that regularly-filed status reports would
aid our oversight of the transition.
Specifically, the Commission requires
each eligible space station operator to
report the status of its clearing efforts on
a quarterly basis, beginning December
31, 2020. Because eligible space station
operators will likely need to cooperate
to meet the accelerated timelines, the
Commission invites and encourages
them to file joint status reports. The
Commission also requires the
Relocation Coordinator to report on the
overall status of clearing efforts on the
same schedule. The Commission directs
the Wireless Telecommunications
Bureau to specify the form and format
of such reports.
294. Finally, the Commission rejects
Eutelsat’s assertion that the Commission
should require the Relocation
Coordinator to be a neutral third party.
Eutelsat argues that allowing the
Relocation Coordinator to be selected by
a supermajority vote representing at
least 80% of the electing operators’
accelerated relocation payments would
give Intelsat and SES effective control
over the Relocation Coordinator, leading
to potential conflicts of interest. Eutelsat
argues that the Relocation Coordinator
should, instead, be a neutral,
independent third party akin to the
Relocation Payment Clearinghouse. The
Commission disagrees. The Relocation
Coordinator’s responsibilities will
require detailed coordination with space
station operators and earth stations to
assess the validity of Transition Plans
and ensure that the space station
operators meet their relocation
deadlines. A truly independent
Relocation Coordinator may not have
the requisite knowledge or expertise to
perform these essential functions and
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complete the transition in a timely
manner. Given the complexity of the
transition process, the importance of
rapid clearing, and the need for ongoing
coordination and cooperation with
space station operators and their
customers, the Commission finds that it
is in the public interest for the
Relocation Coordinator to be selected by
parties representing the vast majority of
the clearing responsibilities in the band.
The Commission also finds that
requiring the Relocation Coordinator to
be a neutral, disinterested third party
could create inefficiencies in the
clearing process and endanger the
successful completion of the transition.
The Commission notes, however, that
the Relocation Coordinator’s
responsibilities are the same vis-a`-vis all
incumbent space station operators and
that it must operate in good faith to
perform its duties on behalf of each
incumbent operator.
7. Other FSS Transition Issues
295. In this section, the Commission
addresses two additional issues related
to the FSS Transition that were raised
in the record.
296. Maintenance of IBFS Data
Accuracy.—The Commission declines to
require annual certification
requirements or discontinuance
requirements, as requested by advocates
of point-to-multipoint flexible use in the
band. The NPRM asked several
questions about how best to maintain
accurate earth station data in IBFS. The
Commission believes there is increased
awareness among incumbent earth
station operators of their rights and
responsibilities as a result of this
proceeding and the various public
notices associated with it. In addition,
because FSS will no longer share with
point-to-point in the contiguous United
States and the Commission is not setting
aside spectrum for point-to-multipoint
or flexible use in the band on a shared
basis with FSS using coordination or
dynamic spectrum management, the
Commission does not believe that such
additional measures are necessary or
worth the additional regulatory
requirements. Further, Section 25.162 of
the Commission’s rules already requires
FSS licensees to keep their Commission
registration and license information up
to date, and it is the responsibility of
earth station registrants under the
Commission’s rules to surrender any
registration or license for an earth
station no longer in use.
297. Revising the Coordination Policy
Between FSS and FS Services.—The full
band, full arc coordination policy
governs sharing between the co-primary
FSS and FS services. In the contiguous
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United States this policy will be moot
given our decisions today to transition
the FSS allocation to the upper 200
megahertz of the band and to sunset
incumbent point-to-point use of the
band. Outside the contiguous United
States, the record does not reflect any
significant concerns with the existing
policy. Indeed, satellite interests
support retention of the full band, full
arc policy and argue that the flexibility
of full band, full arc is needed to deal
with unanticipated satellite failures,
emergencies on the ground, or
unexpected interference. NCTA notes
that earth station operators require
flexibility to repoint and change
frequencies. Accordingly, the
Commission is not adopting its proposal
to revise the coordination policy at this
time to require earth stations to report
to the Commission the actual
frequencies and azimuths used.
Nonetheless, if an earth station operator
alleges harmful interference from
wireless operations in adjacent bands, it
must be prepared to provide all relevant
technical data regarding its station’s
operation. Additionally, incumbent
space station operations with earth
stations will be protected on a primary
basis in the remaining upper 200
megahertz of the band. Since the
Commission is clearing 300 megahertz
of the band and declining to permit
point-to-multipoint communications
within this band at this time, the
Commission need not further limit the
scope of earth station operations.
Allowing continued flexibility will also
facilitate antenna re-pointing to
different satellites during the clearing
process.
C. Fixed Use in the C-Band
298. The Commission adopts rules to
sunset as of December 5, 2023,
incumbent point-to-point Fixed Service
use under part 101 in the 3.7–4.2 GHz
band in the contiguous United States.
The Commission finds that doing so
will serve the public interest by
facilitating the introduction of flexible
use into this band and providing
incumbent Fixed Service licensees with
a reasonable period to self-relocate their
permanent fixed operations out of the
3.7–4.2 GHz band. The Commission also
declines to adopt modifications to part
101 to permit point-to-multipoint Fixed
Service use in the 4.0–4.2 GHz band, as
doing so could complicate the
continued use of the 4.0–4.2 GHz band
by FSS licensees during and after the
transition.
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1. Sunsetting Incumbent Point-to-Point
Fixed Services
299. As noted in the NPRM, point-topoint Fixed Service use of the band has
declined steeply over the past 20 years
and many other spectrum options are
available for point-to-point links. In the
contiguous United States, there are now
only 87 point-to-point Fixed Service
licenses in this band, of which 51 are
permanent point-to-point Fixed Service
and 36 temporary Fixed Service
licenses.38 Frequency coordination
allows FSS and terrestrial fixed
microwave to share the band on a coprimary basis but coordination of
mobile systems would be more
complicated because the movement of
the devices would require analyses and
interference mitigation to avoid harmful
interference to/from both services.
Indeed, the Commission’s Emerging
Technologies framework has largely
involved the relocation of fixed services
to allow for mobile operations under
new, flexible-use licenses. The
Commission must therefore carefully
balance these incumbent uses against
the need for additional spectrum for
flexible use in deciding upon the best
means of resolving issues in this
proceeding in the public interest.
300. The Commission finds that the
relatively limited incumbent point-topoint Fixed Service use in this band
may be accommodated by sunsetting
primary operations in the 3.7–4.2 GHz
band in the contiguous United States as
of December 5, 2023. Accordingly, the
Commission adopts a modified version
of our proposal to sunset, in three years,
incumbent point-to-point Fixed Service
use in the 3.7–4.2 GHz band in the
contiguous United States. Specifically,
existing licensees, as of April 19, 2018,
of licenses for permanent Fixed Service
operations will have until December 5,
2023, to self-relocate their point-to-point
links out of the 3.7–4.2 GHz band. The
Commission is also revising its part 101
rules to specify that no applications for
new point-to-point Fixed Service
operations in the 3.7–4.2 GHz band will
be granted for locations in the
contiguous United States. The record in
this proceeding demonstrates the need
to allocate this spectrum for flexible use
for the provision of 5G, and commenters
overwhelmingly support the
Commission’s proposal to sunset
incumbent point-to-point Fixed Service
use in the contiguous United States. On
the other hand, because the Commission
is not authorizing new flexible-use
services outside of the contiguous
38 See Universal Licensing System, https://
wireless2.fcc.gov/UlsApp/UlsSearch/
searchLicense.jsp.
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United States at this time, the
Commission finds that it would not be
in the public interest to maintain the
existing freeze on new point-to-point
Fixed Service links in those areas.
Therefore, the freeze on point-to-point
microwave Fixed Service applications
for sites outside of the contiguous
United States will be lifted on the date
of publication of this action in the
Federal Register. This decision lifting
the freeze, in part, relieves a restriction
and therefore is exempt from the
effective date requirements of the
Administrative Procedure Act.
Moreover, the Commission finds that
there is good cause for not delaying the
partial lifting of the freeze because such
a delay would be unnecessary and
contrary to the public interest because it
would not serve purposes of the freeze.
301. New equipment in other bands is
readily available for point-to-point
operations and allowing new
authorizations in the 4.0–4.2 GHz band
could frustrate the satellite repacking
and overall repurposing of the 3.7–3.98
GHz band for 5G in the contiguous
United States. Other bands available for
assignment for fixed microwave services
under part 101 include 5925–6425,
6525–6875, 6875–7125, 10,700–11,700,
17,700–18,300, 19,300–19,700 MHz, and
21,200–23,600 MHz. This sunset
provision that the Commission adopts
pursuant to its spectrum management
authority under Title III will protect the
operations of incumbent Fixed Service
licensees while avoiding harmful
interference to new flexible-use
licensees and facilitating the FSS
transition to the upper 200 megahertz.
302. In the NPRM, the Commission
also sought comment on whether to
treat those with permanent licenses
differently from those with temporary
licenses. The 36 licenses for temporary
fixed links in the contiguous United
States are blanket licenses to use any
frequencies in the 3.7–4.2 GHz band for
temporary links within a defined
geographic area, e.g., statewide. These
licenses allow carriers to meet shortterm needs for fixed links by prior
coordinating specific frequencies and
locations with all affected licensees.39
Although these licenses have 10-year
terms, a link cannot be used at a given
location for more than 180 days. To be
sure, these temporary licenses are
different from licenses for permanent
links. The Commission finds, however,
in the context of our actions today
making 280 megahertz of mid-band
39 See, e.g., Universal Licensing System, Call Sign
KCA74 (authorizing temporary fixed operations
statewide in two states in three bands); Call Sign
KJA75 (authorizing temporary fixed operations
statewide in nine states in over ten bands).
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spectrum available as rapidly as
possible, that these distinctions do not
provide a sufficient public interest
justification for treating the 36
temporary fixed licensees differently
from the 51 permanent fixed licensees
in the 3.7–4.2 GHz band. While
temporary fixed licensees operate on a
non-interference basis, the burden of
analyzing and responding to
coordination requests from these
operators and to protect any
successfully coordinated operations for
up to 180 days could add additional
complexity to new flexible-use
deployments and earth-station
transitions. Accordingly, these 36
licensees will have until December 5,
2023, to modify or replace their
temporary fixed 3.7–4.2 GHz band
equipment with comparable equipment
that operates in other bands.
Additionally, given that other bands are
available for temporary fixed operations,
the Commission is revising our rules for
the contiguous United States to bar
acceptance of applications for new
licenses for temporary fixed operations
in the 3.7–4.2 GHz band.
303. Relocation Reimbursement and
Cost Sharing.—Incumbent licensees of
point-to-point Fixed Service links that
relocate out of the 3.7–4.2 GHz band by
December 5, 2023, shall be eligible for
reimbursement of their reasonable costs
based on the well-established
‘‘comparable facilities’’ standard used
for the transition of microwave links out
of other bands. Similar to the
Commission’s approach for earth station
clearing, because fixed service
relocation affects spectrum availability
on a local basis, all flexible-use
licensees in a PEA where an incumbent
Fixed Service licensee self-relocated
will share in the reimbursement of these
reasonable costs on a pro rata basis.
Incumbent Fixed Service licensees will
be subject to the same demonstration
requirements and reimbursement
administrative provisions as those
adopted above for incumbent earth
station operators.
304. Estimated Relocation Costs of the
FS Transition.—The Commission finds
it appropriate to provide potential
bidders in our public auction with an
estimate of the relocation costs that they
may incur should they become overlay
licensees. The Commission cautions
that our estimates are estimates only,
and it makes clear that overlay licensees
will be responsible for the entire
allowed costs of relocation—even to the
extent that those costs exceed the
estimated range of costs. The
Commission further cautions that the
record contains no information on the
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cost estimates of clearing the 87
incumbent licensees in the band.
305. The Commission’s licensing
records reflect that the 51 licenses for
permanent links authorize a total of 702
links (discrete frequencies). The
Commission notes that for microwave
links relocated from the 2.1 GHz
Advanced Wireless Services bands,
$184,991 was the average cost per link
relocation registered with the AWS
Clearinghouse. Using this average cost
per link to estimate the total cost of
clearing 702 links from the 3.7–4.2 GHz
band, results in a cost estimate of $129.9
million. Licensees of temporary fixed
links were not entitled to relocation
reimbursement from AWS licensees so
the AWS Clearinghouse data may be
less informative. The record is devoid of
any cost data but the average cost per
temporary link should be 25–50% lower
than for permanent links because
temporary links do not usually involve
towers. Using $138,743 (25% lower) as
the average replacement cost, if each of
the 36 licensees has equipment for one
temporary fixed link in the 3.7–4.2 GHz
band, this results in a cost estimate of
$5.13 million and a total cost estimate
for all fixed links of approximately $135
million.
2. More Intensive Point-to-Multipoint
Fixed Use
306. The Commission has decided to
adopt flexible-use rules for this band
that allow operators the ability to use it
for fixed or mobile operations (or a
combination thereof), and thus declines
to adopt changes to part 101 that would
limit terrestrial use of any portion the
3.7–4.2 GHz band to point-to-multipoint
Fixed Service use.
307. In the NPRM, the Commission
sought comment on rules that would
allow for the more intensive point-tomultipoint Fixed Service use of the
band, how permitting fixed wireless
would affect the possible future clearing
of the band for flexible use and the use
of the band for satellite operations, and
the impact that point-to-multipoint use
would have on the flexibility of FSS
earth stations to modify their operations
in response to technical and business
needs. Although some commenters
support variations of rules that would
license non-geographic, unauctioned
point-to-multipoint Fixed Service use of
the 3.7–4.2 GHz band, a number of
commenters oppose the proposal.
Commenters emphasize that licensing
point-to-multipoint Fixed Service before
or during the transition would
substantially devalue the spectrum for
flexible use, increase the costs of the
transition, and undermine market-based
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approaches to placing this spectrum to
its most valued use.
308. The Commission agrees and
finds that the record demonstrates that
it would be unwise to open this band to
point-to-multipoint Fixed use, as a
stand-alone service, at this time. Other
bands are available for point-tomultipoint use, including licensed
spectrum immediately below 3.7 GHz.
In short, permitting flexible use, fixed or
mobile, services across the entire
cleared band will ensure that
prospective wireless providers have the
ability to provide whichever services
(including point-to-multipoint) that
consumers most demand. And
authorizing more intensive point-tomultipoint Fixed Service use of the 4.0–
4.2 GHz band before the transition is
over could dramatically complicate the
repacking and relocation of FSS
operations and earth station registrants.
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D. Technical Rules for the 3.7–4.2 GHz
Band
309. The Commission adopts
technical rules for the 3.7–4.2 GHz band
spectrum. The Commission finds that
the technical rules it adopts herein will
encourage efficient use of spectrum
resources and promote investment in
the 3.7–3.98 GHz band while protecting
incumbent users in the band and in
adjacent bands.
310. The Commission notes that
Comcast recommends that the
Commission ‘‘encourage interested
stakeholders to convene a broad-based
group to develop a comprehensive
framework for addressing interference
prevention, detection, mitigation, and
enforcement.’’ Such groups have been
successful in the past in providing the
Commission with valuable insights and
useful information regarding spectrum
transitions for new uses.40 The
Commission believes that such a multistakeholder group could provide
valuable insight into the complex
coexistence issues in this band and
provide a forum for the industry to work
cooperatively towards efficient
technical solutions to these issues. The
Commission encourages the industry to
convene a group of interested
stakeholders to develop a framework for
interference prevention, detection,
mitigation, and enforcement in the 3.7–
4.2 GHz band. The Commission also
encourages any multi-stakeholder group
40 For example, after the Commission created the
Citizen’s Broadband Radio Service, the Wireless
Innovation Forum stood up the Spectrum Sharing
Committee to serve as a common industry and
government standards body to support the
development and advancement of Citizen’s
Broadband Radio Service Standards. See https://
cbrs.wirelessinnovation.org/about.
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that is formed to consider best practices
and procedures to address issues that
may arise during the various phases of
the C-band transition and to consider
coexistence issues related to terrestrial
wireless operations below 3.7 GHz. To
ensure that all viewpoints are
considered, the Commission encourages
industry to include representatives of
incumbent earth stations (including
MVPDs and broadcasters), incumbent
space station operators, wireless
network operators, network equipment
manufacturers, and aeronautical
radionavigation equipment
manufacturers. The Commission does
not, however, take a position on the
exact makeup or organizational
structure of any such stakeholder group.
311. The Commission directs the
Office of Engineering and Technology to
act as a liaison for the Commission with
any such multi-stakeholder group so
formed. In particular, the Commission
expects the Office to observe the
functioning of any such group and the
technical concerns aired to keep an ear
to the ground, as it were, on technical
developments that come to light as the
relocation process occurs. The
Commission also expects the Office to
provide guidance to any such group on
the topics on which it would be most
helpful for the Commission to receive
input and a sense of the time frames in
which such input would be helpful.
1. Power Levels
312. Base Station Power.—To support
robust deployment of next-generation
mobile broadband services, the
Commission will allow base stations in
non-rural areas to operate at power
levels up to 1640 watts per megahertz
EIRP. In addition, consistent with other
broadband mobile services in nearby
bands (AWS–1, AWS–3, AWS–4 and
PCS), the Commission will permit base
stations in rural areas to operate with
double the non-rural power limits (3280
watts per megahertz) in rural areas. The
Commission extends the same power
density limit to emissions with a
bandwidth less than one megahertz to
facilitate uniform power distribution
across a licensee’s authorized band
regardless of whether wideband or
narrowband technologies are being
deployed. This approach also provides
licensees the flexibility to optimize their
system designs to provide wide area
coverage without sacrificing the
flexibility needed to address coexistence
issues with FSS operations. Further,
because advanced antenna systems
often have multiple radiating elements
in the same sector, the Commission
clarifies that the power limits it is
adopting apply to the aggregate power of
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22847
all antenna elements in any given sector
of a base station.
313. The Commission agrees with
commenters and believe that, similar to
development in other bands, these base
station power limits will promote
investment in the 3.7–3.98 GHz band
and facilitate the rapid and robust
deployment of next generation wireless
networks, including 5G. The
Commission also finds that adopting
consistent power levels with other AWS
bands will allow licensees to achieve
similar coverage, creating network
efficiencies between network
deployments in different spectrum
bands.
314. The Commission disagrees with
commenters that argue that the base
station power limits in this band should
be lower to facilitate coexistence with
FSS earth stations and flexible-use
operations below the 3.7 GHz band
edge. The Commission believes that the
3.7–3.98 GHz band will be a core band
for next generation wireless networks,
including 5G, and will require power
levels consistent with other bands used
for wide area wireless operations to
reach its full potential. The Commission
also finds that the protection
mechanisms it adopts herein will ensure
that the potential for harmful
interference to incumbent FSS earth
stations is minimized regardless of the
base station power levels permitted in
the band. Indeed, the Commission notes
that the C-Band Alliance modified its
original proposal specifically to support
base station power levels consistent
with those we adopt here and has
indicated that such power levels will
not inhibit the rapid introduction of
next generation wireless services to this
band.
315. The Commission declines to
adopt its proposal to impose a different
power level for emissions less than one
megahertz wide as we do not believe
such a distinction is necessary. That is,
rather than impose an absolute power
limit for narrow emissions, the
Commission adopts the same power
density limits for all emissions in the
band. Verizon supports a power density
rule without a separate power limit for
emissions less than one megahertz and
suggests a minimum channel bandwidth
of five megahertz to ensure use of the
band for broadband applications. The
Commission notes that the power rules
for PCS and AWS–1, e.g., where base
stations are permitted an EIRP of 1640
Watts/MHz for emissions greater than 1
megahertz or 1640 Watts per emissions
with a bandwidth of less than 1 MHz,
were developed when mobile services
were transitioning from narrowband
(GSM systems) to wideband
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technologies (CDMA). Thus, the
Commission adopted the rules to ensure
continued service to the public
regardless of technology deployed.
While 4G and 5G technologies have
continued the trend towards wider
channel bandwidths, certain
narrowband Internet of Things (NB-IoT)
technologies use smaller bandwidths
(e.g., 180 kHz). The Commission does
not believe a separate power per
emission distinction is necessary to
accommodate narrowband emissions
because they are often integrated with
wideband emissions as additional
resource blocks as opposed to being
deployed as separate systems. Nor does
the Commission believe it should adopt
a minimum emission bandwidth for the
band because licensees should be
permitted to choose the best technology
or a mix of technologies to meet market
demands. Moreover, the Commission is
mindful of the interference potential
possible under our proposed rule
whereby a licensee could deploy up to
five NB-IoT channels in one megahertz.
This situation could lead to an aggregate
power of 8200 Watts/MHz in an urban
area and 16400 Watts/MHz in a rural
area. Licensees still have flexibility to
implement any technology in
accordance with our technical flexibility
framework and can design their
networks to ensure coverage, but our
rules will ensure power parity between
technologies. This approach should
avoid an unlikely, yet problematic
scenario where a system stacks
narrowband high-powered emissions to
meet coverage goals while also
potentially interfering with adjacent
channel operations. Thus, the
Commission set a uniform power
density distribution across the full 3.7–
3.98 GHz band regardless of channel
bandwidth.
316. The Commission also declines to
adopt a maximum power limit of 75
dBm EIRP, summed over all antenna
elements. While the Commission sought
comment on this limit in the NPRM, it
received little support on the record and
several parties claimed that such a limit
could hinder network deployments. The
Commission agrees and finds that an
upper limit could hinder flexibility to
deploy wider bandwidth technologies
without any corresponding benefit, as
3.7–3.98 GHz band licensees will design
their systems to protect earth station
locations around their deployments.
317. Mobile Power.—The Commission
adopts a 1 Watt (30 dBm) EIRP power
limit for mobile devices, as proposed in
the NPRM. The Commission finds that
this mobile power limit will provide
adequate power for robust mobile
service deployment. Additionally, this
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limit will permit operation of mobile
power classes as outlined in the 5G
standards.41 The Commission note that
most commenters support the proposed
1 Watt EIRP mobile power limit as
adequate for 5G operations and as being
consistent with industry standards.42
318. While a few commenters suggest
allowing higher power limits, the
Commission does not find the record
supports a specific need for higher
power at this time. Mobile devices
typically operate at levels below 1 Watt
to preserve battery life, meet human
exposure limits, and meet power control
requirements.
319. Similarly, the Commission
disagrees with commenters that suggest
lower mobile power limits consistent
with those in the 3.5 GHz band. The
Citizens Broadband Radio Service,
which is based on lower power,
narrower channels and a dynamic
spectrum sharing framework, is
fundamentally different than the service
we are permitting in the 3.7–3.98 GHz
band. Thus, the limits adopted there are
not appropriate for this band. Licensees
are expected to deploy much wider
channel bandwidths and will operate in
exclusively licensed spectrum. The
mobile power limit the Commission
adopts is intended to provide
consistency between mobile 5G
deployments in the 3.7–3.98 GHz band
and comparable macro cell deployment
in the PCS, AWS, and similar bands.
2. Out-of-Band Emissions
320. Base Station Out-of-Band
Emissions.—The Commission adopts
base station out-of-band emission
(OOBE) requirements based on our
proposed limits, which are similar to
other AWS services. Specifically, base
stations will be required to suppress
their emissions beyond the edge of their
authorization to a conducted power
level of ¥13 dBm/MHz.
321. This limit is supported by several
commenters because it avoids
unnecessary constraints on flexible-use
equipment in areas far from FSS earth
stations and is compatible with the rules
governing other mobile broadband
services. The Commission adopts a
conducted limit of ¥13 dBm/MHz
because it is consistent with the
emission limits the Commission has
established for other mobile broadband
services and the emission limits
41 See 3GPP 38.101–1 NR; User Equipment (UE)
radio transmission and reception; Part 1: Range 1
Standalone (Release 15).
42 See 3GPP TS 38.101–3 version 15.2.0 Release
15 at 80 (UE Power class (PC) For FR1: Power class
3: 23 dBm and Power class 2: 26 dBm). AT&T Reply
at 18; Ericsson Comments at 20; Nokia Comments
at 12.
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established for 5G technologies by
standards bodies, and the Commission
finds that this limit has been widely
accepted as being adequate for reducing
unwanted emissions into adjacent
bands. The C-Band Alliance supports
the OOBE limits contained in the 3GPP
standard for band n77. Here the
Commission establishes a fixed
emission mask that fits within the 3GPP
specifications and is less complicated.
Further, the Commission is not adopting
a suggestion to relax the limits in the
first 10 megahertz outside of a licensee’s
authorized band because there is
insufficient debate in the record on the
impact of such a relaxation to adjacent
channel operations and we believe
manufacturers and licensees are familiar
with our standard ¥13 dBm/MHz limit
and have tools to ensure they meet this
limit.
322. While some commenters support
emission suppression to levels lower
than what the Commission adopts, these
more stringent emission limits would
likely hinder the full potential of 5G
deployment in this band. Because outof-band emissions generally continue to
decrease with spectral separation and
manufacturers typically are able to filter
those emissions to levels lower than
what either our adopted limits or the
3GPP emission masks require,43 the
Commission does not believe it is
necessary to specify additional levels of
suppression further outside the band.
323. For base station OOBE, the
Commission applies the part 27
measurement procedures and resolution
bandwidth that are used for AWS
devices outlined in § 27.53(h).
Specifically, a resolution bandwidth of
1 megahertz or greater will be used;
except in the 1 megahertz bands
immediately outside and adjacent to the
licensee’s frequency block where a
resolution bandwidth of at least 1% of
the emission bandwidth may be
employed. These procedures have been
successfully used to prevent harmful
interference from similar services
operating in nearby bands. Thus, the
Commission concludes that there is no
demonstrated reason to change them for
the 3.7–3.98 GHz band.
324. Mobile Out-of-Band Emissions.—
As with base station out-of-band
emission limits, we adopt mobile
emission limits similar to our standard
emission limits that apply to other
mobile broadband services. Specifically,
mobile units must suppress the
conducted emissions to no more than
¥13 dBm/MHz outside their authorized
frequency band.
43 3GPP Standard TS 38.104, version 16.1.0,
clause 6.6.4.2.1 for Category A base stations.
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325. This limit is widely supported by
the comments. The Commission notes
that those emission masks vary by
channel bandwidth. The Commission
agrees that requiring limits more
stringent than the 3GPP requirements
‘‘could prevent user equipment that
operates on wide channel bandwidths
from being certified for use in the
United States.’’ The Commission
adopted a relaxation of the emission
limit within the first five megahertz of
the channel edge by varying the
resolution bandwidth used when
measuring the emission. For emissions
within 1 megahertz from the channel
edge, the minimum resolution
bandwidth will be either one percent of
the emission bandwidth of the
fundamental emission of the transmitter
or 350 kilohertz. In the bands between
one and five megahertz removed from
the licensee’s authorized frequency
block, the minimum resolution
bandwidth will be 500 kilohertz. The
adopted relaxation will not affect the
interference to FSS above 4.0 GHz. The
adopted relaxation will be entirely
contained within the 20 megahertz
guard band. The effect on Citizens
Broadband Radio Service operations
below 3.7 GHz should be minimal. This
limit will ensure new 3.7 GHz Service
operators have a robust equipment
market in which mobile devices can be
designed to operate across the variety of
spectrum bands currently available for
mobile broadband services. The
Commission finds that this limit has
been widely accepted as being adequate
for reducing unwanted emissions into
adjacent bands.
326. The Commission notes that the
C-Band Alliance proposed a more
stringent mobile equipment emission
mask, but later supported emission
masks developed by standards bodies
suitable for 5G devices. As with the
requirements for base stations, the
Commission’s approach will provide
equipment developers and adjacent
channel licensees certainty as compared
to the 3GPP 5G OOBE specifications,
which vary with bandwidth. The limit
largely falls within the 3GPP mask and
does not preclude higher levels of
suppression should they be needed.
327. The Commission notes that, like
the AWS requirements, the Commission
is adopting provisions that permit
licensees in the 3.7–3.98 GHz band to
implement private agreements with
adjacent block licensees to exceed the
adopted OOBE limits. Finally, similar to
other part 27 services, the Commission
applies § 27.53(i), which states that the
FCC may, in its discretion, require
greater attenuation than specified in the
rules if an emission outside of the
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authorized bandwidth causes harmful
interference.
3. Antenna Height Limits
328. The Commission adopts its
proposal not to restrict antenna heights
for 3.7–3.98 GHz band operations
beyond any requirements necessary to
ensure physical obstructions do not
impact air navigation safety. This is
consistent with part 27 AWS rules,
which generally do not impose antenna
height limits on antenna structures.
329. Commenters generally support
adopting 3.7–3.98 GHz band rules
similar to existing part 27 rules to
promote consistency.
330. Rather than using antenna height
limits to reduce interference between
mobile service licensees, as has been
done in the past, the Commission more
recently has used service boundary
limits to provide licensees more
flexibility to design their systems while
still ensuring harmful interference
protection between systems. As this has
proven successful in other services, the
Commission adopts that same approach
in the 3.7–3.98 GHz band. Further, the
Commission believes such limits would
have limited practical effect because it
expects that licensees generally will
deploy systems predicated on lower
tower heights and increased cell density
achieving maximum 5G data throughput
to as many consumers as possible. In
rural areas where higher antennas may
be used to provide longer range to serve
sparse populations, the Commission
believes that the service area boundary
limits it is adopting will ensure that
adjacent area licensees are protected
from harmful interference.
4. Service Area Boundary Limit
331. The Commission adopts the ¥76
dBm/m2/MHz power flux density (PFD)
limit at a height of 1.5 meters above
ground at the border of the licensees’
service area boundaries as proposed in
the NPRM and also permits licensees
operating in adjacent geographic areas
to voluntarily agree to higher levels at
their common boundaries.
332. The commenters that specifically
address the service area boundary limit
support the ¥76 dBm/m2/MHz PFD
limit. The Commission also notes that
this metric is straightforward to
calculate or measure and also scales
with channel bandwidth to provide
licensees flexibility for demonstrating
compliance.
5. International Boundary Requirements
333. The Commission adopts its
proposal to apply § 27.57(c) of its rules
to this band, which requires all part 27
operations to comply with international
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22849
agreements for operations near the
Mexican and Canadian borders. This
requirement is consistent with all other
part 27 services. Under this provision,
licensee operations must not cause
harmful interference across the border,
consistent with the terms of the
agreements currently in force. The
Commission notes that modification of
the existing rules might be necessary in
order to comply with any future
agreements with Canada and Mexico
regarding the use of these bands.
6. Other Part 27 Rules
334. As proposed in the NPRM, the
Commission adopts several additional
technical rules applicable to all part 27
services, including §§ 27.51 (Equipment
authorization), 27.52 (RF safety), 27.54
(Frequency stability), and part 1,
subpart BB, of the Commission’s rules
(Disturbance of AM Broadcast Station
Antenna Patterns) for operations in the
3.7–3.98 GHz band. As operations in the
3.7–3.98 GHz band will be a part 27
service, the Commission finds these
rules implement important safeguards
for all wireless services to ensure that
devices meet RF safety limits and that
the potential for causing harmful
interference to other operations is
minimized. Further, few commenters
address these issues other than
supporting uniformity of 3.7–3.98 GHz
band regulations with other part 27
services that will operate in nearby
bands.
335. As the Commission has done for
other part 27 services since 2014, the
Commission also require client devices
to be capable of operating across the
entire 3.7–3.98 GHz band. Specifically,
the Commission adds the 3.7–3.98 GHz
band to Section 27.75, which requires
mobile and portable stations operating
in the 600 MHz band and certain AWS–
3 bands to be capable of operating
across the relevant band using the same
air interfaces that the equipment uses on
any frequency in the band. This
requirement does not require licensees
to use any particular industry standard.
The Commission agrees that cross band
operability is important to ensure a
robust equipment market for all
licensees.
7. Protection of Incumbent FSS Earth
Stations
336. The record reflects widely
varying views on how to protect
incumbent operations and whether such
protections should be negotiated or
mandated by rule. The Commission
adopts here specific criteria for the
protection of the incumbent FSS earth
stations but acknowledge the possibility
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of private negotiations that depart from
these limits.
337. The Commission will require a
PFD limit of ¥124 dBW/m2/MHz as
measured at the earth station antenna.
This PFD limit applies to all emissions
within the earth station’s authorized
band of operation, 4.0–4.2 GHz. In the
event of early clearing of the lower 100
megahertz (Phase 1 of the transition),
the limit will apply to all emissions
within the 3.82–4.2 GHz band. The
Commission also requires a PFD limit of
¥16 dBW/m2/MHz applied across the
3.7–3.98 GHz band at the earth station
antenna as a means to prevent receiver
blocking. This blocking limit applies to
all emissions within the 3.7 GHz Service
licensee’s authorized band of operation.
a. Protection From Out of Band
Emissions
338. The Commission adopts a PFD
limit to protect registered FSS earth
stations from out of band emissions
from 3.7 GHz Service operations. For
base and mobile stations operating in
the 3.7–3.98 GHz band, the Commission
adopts a PFD limit of ¥124 dBW/m2/
MHz, as measured at the antenna of
registered FSS earth stations. 3.7 GHz
Service licensees will be obligated to
ensure that the PFD limit at FSS earth
stations is not exceeded by base and
mobile station emissions, which may
require them to limit mobile operations
when in the vicinity of an earth station
receiver.
339. The record contains a range of
proposals on how FSS earth stations
should be protected. Notably, the CBand Alliance proposes a formula to
calculate the expected received
aggregate PSD at each FSS earth station
receiver. The C-Band Alliance’s
proposed approach would require
terrestrial licensees to consider the
aggregate effect of all mobile and base
station operations within 40 km of each
earth station over a defined span of look
angles for the earth station and a
defined reference antenna. Several
commenters argue that the C-Band
Alliance’s proposal is overly protective
and would hinder 5G deployment.
AT&T recommends adopting a PFD
limit of ¥124 dBW/m2/MHz for 5G
operations in the 50 megahertz
immediately below the FSS band edge.
The Commission agrees with this PFD
value, but rather than apply it to
stations only in a specific 50 megahertz
as suggested by AT&T, it will apply that
limit to all wireless operations in the
3.7–3.98 GHz band to ensure that earth
stations are adequately protected.
340. The Commission finds that
requiring compliance with a PFD limit
is relatively simple and less
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Jkt 250001
burdensome on FSS earth station
operators and 3.7 GHz Service licensees
to implement than a PSD limit. Using
PFD avoids the complexity of registering
complex antenna gain patterns for more
than twenty thousand earth stations,
and it avoids multiple angular
calculations that would be necessary to
predict PSD within each satellite
receiver. The PFD limit the Commission
is adopting is based on a reference FSS
antenna gain of 0 dBi, interference-tonoise (I/N) protection threshold of ¥6
dB, a 142.8K FSS earth station receiver
noise temperature, and results in a
calculated PFD of ¥120 dBW/m2/
MHz.44 To account for aggregate
interference effects, which the
Commission expects will be dominated
by a single interferer, we adjust our
calculated value by ¥4 dB (i.e.,
assuming the dominant interferer is
40% of the aggregate power). This
results in ¥120 dBW/m2/MHz ¥4 dB =
¥124 dBW/m2/MHz as the PFD limit to
protect earth stations from out-of-band
emissions. The Commission finds that
using these parameters to calculate a
PFD limit is reasonable and will
adequately protect FSS earth station
receivers from out-of-band emissions
from fixed and mobile operations in the
3.7–3.98 GHz band.
341. The C-Band Alliance offered a
method of estimating the effect of the
aggregate power of all base stations
within a certain distance of an FSS earth
station. It provides a formula that
considers the impact of aggregate power
from all base stations and mobile
devices from one licensee for operations
within 40 km of an earth station, and if
there are more than one licensee within
40 km it essentially divides allotted
power by the number of licensees that
operate in the subject area. This
approach has challenges in that the
number and location of mobile
operations may be constantly changing,
making it difficult to predict the
aggregate power for all such stations.
Thus, the C-Band Alliance approach
assumes all relevant stations have equal
potential to cause interference to an
earth station. AT&T argues that the CBand Alliance’s aggregate power
proposal is flawed, overly complex and
does not account for the fact that a
single dominant interferer drives the
interference power received, not
aggregate interference. The Commission
agrees that the base stations closest to
any earth station will have a larger
potential for causing harmful
44 PFD (dBW/m2/MHz) = 10*log[(kT)*(4p/l2)*(I/
N)*(10¥6 MHz/Hz)] = (¥228.6 dBW/Hz) +
10*log(142.8) + 33.5 dB/m2¥6 dB (I/N) + 60 dBHz/MHz = ¥120 dBW/m2/MHz.
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interference than stations further away.
The Commission declines to adopt the
C-Band Alliance proposed methodology.
The Commission finds that the
methodology is excessively burdensome
for FSS operators and terrestrial
licensees, and it involves complex
calculations that are unnecessary to
reasonably limit the service impact of
potential interference. Moreover, the
PFD limit the Commission is adopting
accounts for the potential of aggregate
interference and will protect FSS earth
stations from harmful interference.
342. The C-Band Alliance proposes
that earth station protection be applied
to all locations within one arc second
(i.e., about 30 meters depending on
location) to provide a buffer around
stations. The Commission declines to
establish a buffered protection area for
earth stations. The Commission
observes that the angular variation over
a 30 meter radius protection area is less
than 1.7 degrees at distances greater
than 1 km, and the path loss variation
over a 30 meter radius protection area
at distances greater than 1 km is less
than 1 dB.45 The Commission finds that
protecting an area of a certain radius
instead of an actual deployment could
hinder deployment closer to earth
stations because it could minimize the
effect of terrain or shielding.
b. Protection From Receiver Blocking
343. The Commission will require
base stations and mobiles to meet a PFD
limit of ¥16 dBW/m2/MHz, as
measured at the earth station antenna
for all registered FSS earth stations. This
blocking limit applies to all emissions
within the 3.7 GHz Service licensee’s
authorized band of operation.
344. It is possible that emissions
operating at high power, even one
relatively removed in frequency, may
overload a receiver in an adjacent band,
also known as receiver blocking. Such
blocking effects can be mitigated with
filters designed to protect FSS earth
stations from receiving energy intended
for adjacent channels. Ericsson noted
that the NTIA recommended the RF
front-end preselection filters be
included in new C-band earth station
installation to preclude receiver frontend overload. The C-Band Alliance
proposed an FSS blocking protection
mechanism based on an aggregate power
spectrum density (APSD) protection
threshold that must be met by all
terrestrial operators within 40 km of
each earth station. The APSD is a
function of the total amount of C-band
spectrum, in megahertz, cleared for
flexible-use licensees and the number of
45 35*log
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10(1,030/970)
23APR2
= 0.91 dB.
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
suggested PSD limit for the same
reasons described above in determining
the PFD limit for out of band emissions.
Most importantly, a PSD limit would
require the use of detailed antenna
pattern data for each individual earth
station antenna and a multitude of
angular computations for each base
station. This level of complexity is an
unnecessary burden and is not needed
to provide adequate protection for earth
Frequency range
Attenuation
stations.
348. C-Band Alliance states that
From 3.7 GHz to 100 megathrough testing and analysis they have
hertz below FSS band
determined that the earth station
edge ..................................
¥70 dB. receiver will encounter insignificant
From 100 megahertz below
degradation if the aggregate power level
lower FSS band edge to
across its entire operational frequency
20 megahertz below lower
FSS band edge .................
¥60 dB. range is lower than ¥59 dBm at the
input of the low-noise block
From 20 megahertz below
downconverter (LNB). In determining
lower FSS band edge to
the PFD blocking limit, the Commission
15 megahertz below lower
FSS band edge .................
¥30 dB. uses the ¥59 dBm saturation limit
From 15 megahertz below
suggested by the C-Band Alliance which
lower FSS band edge to
includes an aggregate power factor, the
lower FSS band edge .......
0 dB. filter’s total rejection, the bandwidth of
flexible-use service, and a 0 dBi FSS
345. The transition of the 3.7–3.98
antenna gain. The Commission believes
GHz band to flexible use may be
the use of 0 dBi FSS antenna gain is a
conducted in phases, with an
valid assumption that helps simplify
accelerated clearing of the lower 100
compliance and, for virtually all earth
megahertz of the band. Some earth
stations of record, provides greater than
stations may need to have two different
necessary protection. For the filter mask
filters installed over the course of the
described above, the Commission has
transition. The filter mask above is
determined the total rejection to be
defined relative to the lower band edge
60.85 dB, for an accelerated Phase I
of the FSS and is applicable to both
where 3.7 GHz Service use will only
phases of the accelerated clearing plan.
operate in the 3.7–3.8 GHz frequency
In Phase I, the FSS lower band edge is
range. In the later Phase II band, the
defined to be 3.82 GHz while in Phase
Commission has determined the total
II the FSS lower band edge is defined to rejection to be somewhat greater at
be 4.0 GHz.
64.46 dB over the full 3.7–4.0 GHz
346. The Commission acknowledges
frequency range.46 Based on these
that there can be variation in filter
parameters, we adopt a PFD blocking
performance. However, when properly
limit of ¥16 dBW/m2/MHz for both
designed and installed, filters can have
Phase I and Phase II. This PFD applies
significant impact in reducing
at the earth station antenna and over the
interference to FSS earth stations. While authorized band of operation of the 3.7
the Commission agrees with Verizon
GHz Service licensee. The Commission
that C-band filter mask technology may
declines to adopt Intelsat’s request to set
be subject to further improvement, the
the PFD blocking limit to ¥30 dBW/
Commission believes that failure to
m2/MHz, which incorrectly asserts that
develop a baseline minimum
aggregation was not included in the
specification can and will delay
calculation of the value. The
deployment of 5G networks in this
Commission anticipates all stakeholders
band.
will work with manufacturers to obtain
347. The Commission adopts a PFD
filters that have better performance
limit to protect FSS earth stations from
characteristics than the baseline
receiver blocking, relying on C-Band
minimum specification if they are
Alliance’s filter specification for
available. In the event of a claim of
suppression of signals from the 3.7–3.98 harmful interference, the earth station
GHz band. PFD is easily modeled at the
operator must demonstrate that they
design phase of a deployment, facilitates have installed a filter that complies with
independent verification and testing by
the mask described above. If they have
3.7 GHz Service licensees and will
not installed such a filter or are unable
greatly reduce the amount of
to make such a demonstration, and the
coordination and the burden on all
relevant parties. The Commission
46 The OOBE limit for base stations in the guard
declines to adopt C-Band Alliance’s
band is ¥13 dBm/MHz.
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distinct licensees using the same
frequency block within a 40 km radius
of an earth station. The C-Band Alliance
also proposed to install filters on all
protected earth stations to reduce their
susceptibility to blocking. After a series
of refinements and testing of several
prototype filters, the C-Band Alliance
proposed the following definition of the
FSS earth station filter mask:
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22851
3.7 GHz Service licensee can confirm it
meets the blocking PFD, the earth
station operator will have to accept the
interference.
c. Full Band/Full Arc Protections
349. Once the transition is complete,
all FSS earth stations will operate above
4.0 GHz, so the Commission will
continue to allow full band/full arc use
of that band. The Commission sought
comment in the NPRM on revising the
full band/full arc policy for the C-band
and several commenters addressed this
matter. For example, the C-Band
Alliance proposed limiting the orbital
arc of satellites that may serve earth
stations in the contiguous United States
to 87° W.L. and 139° W.L. The
Commission recognizes, however, that
the proposal excludes satellites of
competing operators that operate
outside that arc. While the Commission
finds merit in knowing the actual
spectrum uses and orientation of earth
stations for protection purposes, the
Commission finds these merits are
outweighed by the need to provide
flexibility to earth stations that will be
transitioned to operate above 4.0 GHz.
Accordingly, the Commission will
maintain the existing policy regarding
full band/full arc for earth stations
above 4.0 GHz.
8. Protection of TT&C Earth Stations
350. The Commission establishes a
protection mechanism to allow
continued use of the 3.7–4.0 GHz band
by space station licensees operating
TT&C links until these operations can
be moved to other bands. The
Commission notes that, for some
satellites, TT&C links cannot be moved
to other transponders within the
satellite, but the earth station location
for those TT&C links can be moved.
Accordingly, until a replacement
satellite can be launched, certain TT&C
links will need to continue to operate on
a co-channel basis with terrestrial 3.7
GHz Service spectrum.
a. Identification of TT&C Earth Stations
To Be Protected and Operations at
Protected Sites
351. According to the record, there are
14 unique locations in the contiguous
United States where earth stations are
currently providing TT&C functions in
the C-band. Due to the potential to
hinder 3.7 GHz Service deployment
around these locations, the C-Band
Alliance indicated that these operations
could be consolidated into four
locations. Specifically, they identified
Brewster, WA and Hawley, PA as two
locations where consolidated TT&C
could be located. C-Band Alliance noted
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‘‘[t]he key selection criteria are that any
site: (1) Must be located at a sufficient
distance from a major urban area or
have a terrain profile such that the
propagation losses between urban area
and the TT&C/Gateway location will be
large enough to attenuate Flexible Use
base station transmissions to a level that
will not unduly impair the Flexible Use
licensee’s operation in that urban area;
(2) must be geographically diverse from
the other TT&C/Gateway sites; (3)
requires nearby access to major
telecommunications points-of-presence;
(4) requires some existing FSS
infrastructure in place that can be
improved upon for new or additional
TT&C/Gateway infrastructure; (5)
requires unhindered visibility to the
geostationary satellite arc to elevation
angles as low as 5 degrees; (6) must have
sufficient land available to
accommodate up to 20 very large (i.e.,
up to 13m) transmit/receive antennas;
(7) must be in an area unaffected by
nearby aeronautical traffic; and (8) must
be able to be built out (e.g., building
permits, zoning requirements) within a
36-month time frame.’’ The space
station operators must identify the four
consolidated TT&C locations as soon as
feasible, but not later than the
submission of the Transition Plan.47
Should the incumbent space station
operators fail to come to consensus, the
Commission expects that SES would
identify two locations and Intelsat
would identify the other two locations.
The Commission’s Wireless
Telecommunications Bureau will assess
the proposed locations, including
consideration of the criteria proposed by
C-band Alliance, and make a
determination as to the reasonableness
of the sites. The Wireless
Telecommunications Bureau will
consider the size of the population that
would be affected as well as other
factors in their assessment and may
require alternative locations if the
proposed sites are deemed deficient.
Identification of the locations must also
include all the technical parameters
necessary to assess coexistence such as
frequency, authorized bandwidth and
specific look angles to existing satellites.
352. To facilitate protection of TT&C
links while also transitioning them out
of the 3.7 GHz Service band, the
Commission will not authorize any new
TT&C earth station links in the 3.7 GHz
Service band within the contiguous
47 X2nSat requests that the Commission designate
the TT&C site located in Las Cruces, New Mexico
as one of the four protected TT&C sites. X2nSat Feb.
13, 2020 Ex Parte at 1. We decline the invitation
because X2nSat’s arguments do not address the key
criteria we expect the space station operators will
use to make their selections.
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United States unless it is to consolidate
existing TT&C links into the selected
locations for temporary operation. That
is, the Commission will allow until
December 5, 2021 to consolidate TT&C
links to four protected locations. The
Commission may allow existing TT&C
operations to continue in their current
location beyond the December 5, 2021
deadline either through a waiver request
upon a sufficient showing to the
International Bureau or through
negotiated agreements with affected 3.7
GHz Service licensees. During the
transition period prior to December 5,
2021, the space station operators will
work to consolidate TT&C sites to four
locations and ensure operations are
adequately protected through
coordination. After that date, operations
that are not relocated may continue on
an unprotected basis.
353. Further, until December 5, 2030,
the Commission will allow protected
operation of TT&C operations in the
3.7–4.0 GHz band at the consolidated
locations. This should allow sufficient
time for replacement satellites to be
launched and satisfy the lifespan of
existing satellites. After this transition
period, these TT&C links may continue
to operate on an unprotected basis until
the satellites they are communicating
with cease operation. The Commission
will also allow negotiated agreements
for longer operation where relevant
parties should be able to arrange
operating parameters to coexist to allow
early entry by 3.7 GHz Service
operations or extended operations by
TT&C earth stations.
354. Further, the Commission will
allow private negotiation of TT&C sites
as well. Given the limited number of
TT&C sites, the Commission believes
private negotiations between the TT&C
station operators and 3.7 GHz Service
licensees may permit early entry of 3.7
GHz Service operations or may prolong
TT&C operations in instances where
these operations are designed to coexist.
Alternatively, TT&C operations could
negotiate to relocate to another country
that is maintaining C-band FSS or a
remote shielded location in the United
States that is not heavily populated.
355. Lockheed Martin provides
Launch and Early Operations Phase
(LEOP) missions for new satellites. They
state that the earth station, located in
Carpentersville, NJ, has a unique
topography that ‘‘ensures that
interference from the facility is highly
unlikely and has historically resulted in
no known interference from Lockheed
Martin’s operations to other users of the
band.’’ They requested that these LEOP
operations be allowed to continue
through use of the Commission’s
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Special Temporary Authority (‘‘STA’’)
licensing mechanism. The Commission
agrees that such operations may seek
authorization through the STA process.
356. The Commission also finds that
earth stations located at TT&C sites may
continue to be used—on an unprotected
basis—for international gateway and
other operations in the 3.7–4.0 GHz
band. According to the C-band Alliance,
these sites are critical ingestion points
for a variety of customer services,
including foreign language
programming uplinked outside of the
U.S, that require the use of the full 3.7–
4.2 GHz band. SES contends that
operations at these locations should be
permitted to continue in the 3.7–4.0
GHz band on a protected basis. Intelsat
argues that the Commission should
permit FSS operations at designated
TT&C sites on a secondary basis.
357. The Commission agrees with
NAB and find that it is in the public
interest to allow earth stations located at
the four designated TT&C sites to
continue to use the 3.7–4.0 GHz band
for international gateway, and other
purposes, on an unprotected basis
during the TT&C transition period. Such
uses will not cause harmful interference
to terrestrial deployments in the band
and will not be protected from harmful
interference. As such, permitting these
operations will not affect future
deployments by flexible use licensees or
delay the transition of the band.
Extending interference protection to
these operations, as requested by SES
and C-band Alliance, could effectively
preclude terrestrial operations across a
wide geographic area near each TT&C
facility across the entire 3.7–4.0 GHz
band. This outcome would be
inconsistent with the Commission’s
goals for this proceeding and the
transition plan detailed herein.
358. The Commission declines to
adopt Disney and Eutelsat’s requests to
allow secondary or unprotected FSS
operations in the 3.7–4.0 GHz band
nationwide. Expanding FSS access to
the 3.7–4.0 GHz band during the
transition period—even on an
unprotected basis—could introduce
uncertainty into the transition process
and raise doubts about the availability
of the band for new flexible use
services. Such uses also create a
perverse incentive for space station
operators and earth station operators not
to complete their transition work on
schedule—leading to potential harmful
interference or delays in making the
spectrum available for next-generation
services like 5G. In contrast, the
Commission agrees with NAB that these
operations should be permitted to
continue in the 3.7–4.0 GHz band on an
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unprotected basis at designated TT&C
sites during the 10-year TT&C transition
period, or longer if agreements can be
negotiated with terrestrial wireless
operators. If all of the overlay licensees
in the relevant PEA(s) agree that
extending the use of any or all of these
four TT&C sites for FSS operations is
the highest and best use of the spectrum
in the area, the Commission finds no
public policy justification to intervene
in such a voluntary transaction and
second-guess the market.
b. Co-Channel Protection Criteria
359. TT&C earth stations perform a
critical function in maintaining space
station operations. While these
operations need adequate protection,
their operations will have a direct
impact on the ability of mobile
broadband services to operate on the
same spectrum. The Commission
adopted a single out-of-band emissions
PFD level for protecting FSS earth
stations above 4.0 GHz due to the large
number of earth stations and the fact
that many earth station operators lack
sufficient technical skills to perform
engineering analysis of potential
interference sources. The PFD limit that
the Commission adopted for earth
stations necessarily relied on
assumptions of some parameters such as
noise temperature and elevation angle.
TT&C operations have a wider range of
variability in some of these key
parameters and previous assumptions
may no longer be sufficient. Given that
there are few TT&C locations to be
protected, it is possible to do more
detailed analysis specific to each site’s
particular parameters. The Commission
finds that a protection criteria of I/N =
¥6 dB is appropriate for TT&C links, as
we did for the FSS earth stations
described above. The 3.7 GHz Service
licensee must ensure that the aggregated
power from its operations will meet an
I/N of ¥6 dB as received by the TT&C
earth station. The Commission will
require 3.7 GHz Service licensees to
coordinate their operations within 70
km of TT&C earth stations that continue
to operate in the 3.7–3.98 GHz band.
360. The Commission’s decision to
coordinate actual parameters for TT&C
deployments is supported by many
factors in the record. For example, a
significant factor in the distance over
which coordination is needed is the
elevation angle in which the earth
station is pointed. Several commenters
pushed for limiting protections based
upon a minimum elevation angle in
order to reduce the distance from the
earth station in which 3.7 GHz Service
operations must coordinate. The
Commission agrees that TT&C links are
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highly unlikely to conduct normal
operations at such low elevation angles
because control signals need a much
higher degree of reliability than other
traffic.48 But if a low elevation angle is
unavoidable, an operator may be able to
use technical solutions to achieve the
necessary reliability. It is understood
that low elevation angles may be needed
during infrequent events such as the
loss of a satellite.
361. Further, because there are fewer
TT&C earth stations, and they are run by
highly qualified technical staff, a
coordination process that takes into
account terrain, shielding, polarization
and other technical parameters will
result in adequate earth station
protection and permit terrestrial use at
a closer distance. The space station
operators who manage TT&C links are
sophisticated users with internal
engineering resources. Reliance on the
Commission’s typical prior coordination
process would be the simplest and most
thorough approach. 3.7 GHz Service
licensees are expected to take all
practical steps necessary to minimize
the risk of harmful interference to TT&C
operations. Licensees will cooperate in
good faith and make reasonable efforts
to anticipate and resolve technical
problems that may inhibit effective and
efficient use of the spectrum. Licensees
of stations suffering or causing harmful
interference are expected to cooperate
and resolve the problem by mutually
satisfactory arrangements. If the
licensees are unable to do so, the
Commission may impose restrictions
including specifying the transmitter
power, antenna height, or area or hours
of operation of the stations concerned.
Any 3.7 GHz Service licensee with base
stations located within the appropriate
coordination distance is required to
provide upon request an engineering
analysis to the TT&C operator to
demonstrate their ability to comply with
the ¥6 dB I/N criteria. Both parties are
expected to negotiate in good faith. If a
dispute arises, either party can bring the
issue to the FCC. Further, the
Commission is only providing
protection for TT&C operations. Other
services or content that are capable of
moving to different transponders must
be moved above 4.0 GHz or other FSS
bands unless parties negotiate other
arrangements.
362. To minimize the impact of this
coordination requirement, the
48 See, e.g., Recommendation ITU–R S.1716,
Performance and availability objectives for fixedsatellite service telemetry, tracking and command
systems, at 1 (TT&C carriers need higher
performance reliability objectives than normal
traffic carriers) (2005), https://www.itu.int/rec/RREC-S.1716.
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Commission advises that the protection
criteria will be applied only for the
frequencies, bandwidths and look
angles that will be in use at each TT&C
site, not full band or full arc. For its
purposes here, the Commission defines
co-channel operations as when any of
the 3.7 GHz Service licensee’s
authorized frequencies are separated
from the center frequency of the TT&C
earth station by less than 150% of the
maximum emission bandwidth in use
by the TT&C operation. They must
continue to be protected over the
bandwidth that they use. While this
definition affords co-channel protection
over more bandwidth than is in use, it
is reasonable to allow for graduated
receiver selectivity outside of the
desired channel. The record is clear that
the actual parameters of earth stations
make a significant difference in the
coordination process and the
Commission does not feel it is justified
to preclude 3.7 GHz Service operations
by coordinating frequencies or look
angles that are not being used. Unlike
the typical conventional FSS earth
station operator, TT&C earth station
operators are aware of the precise
engineering antenna patterns, look
angles, noise temperature, and other
specifications that allow a detailed
coordination process to efficiently
protect TT&C functions and allow 3.7
GHz Service operations at a safe
distance, which can provide better
margin for their robust operations.
363. The Commission agrees with
commenters asserting that a 150 km
coordination distance is overly
conservative and instead, the
Commission sets a co-channel
coordination distance of 70 km for all
TT&C operations. First, the Commission
notes that it is allowing coordination
based on the parameters of the TT&C’s
actual operations and finds it highly
unlikely that the relevant TT&C
locations will be pointed at the horizon
presenting a burdensome coordination
process with multiple terrestrial
licensees for a scenario that is highly
unlikely. Further, a 150 km
coordination would complicate 3.7 GHz
Service deployment for several
licensees, many of whom would have an
unlikely chance of having any impact
on TT&C operations, especially due to
their consolidation to areas with terrain
shielding and other protective factors.
Further, should any interference to a
protected TT&C location occur, we
require parties to act in good faith to
resolve the interference.
c. Adjacent Channel Protection Criteria
364. To protect TT&C earth stations
from adjacent channel interference due
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to out-of-band emissions, the
Commission set the same interference
protection criteria of ¥6 dB I/N ratio.
This limit will apply to all emissions
removed from the TT&C’s center
frequency by more than 150% of the
TT&C’s necessary emission bandwidth.
Prior coordination is not required for
adjacent channel licenses. Both 3.7 GHz
Service licensees and TT&C earth
station operators are expected to
cooperate in good faith and make
reasonable efforts to anticipate and
resolve technical problems that may
inhibit effective and efficient use of the
spectrum. The TT&C operators should
make available pertinent technical
information about their systems upon
request by the 3.7 GHz Service
licensees. Licensees of stations suffering
or causing harmful interference are
expected to cooperate and resolve the
problem by mutually satisfactory
arrangements.
365. To provide protection from
potential receiver overload, the
Commission will require base stations
and mobiles to meet a PFD limit of ¥16
dBW/m2/MHz, as measured at the TT&C
earth station antenna. This blocking
limit applies to all emissions within the
3.7 GHz Service licensee’s authorized
band of operation. This is the same limit
that is applied to other earth stations as
described above and for the same
reasons. All TT&C earth stations will be
protected based on the assumption that
robust filters have been installed at the
facilities, like other FSS earth stations.
Because the bandwidth of the TT&C
emission can vary, this filter will have
to be custom fit for each earth station.
The quality should be just as robust,
providing a minimum of 60 dB of
rejection. The frequency at which the
TT&C filter must meet this 60 dB of
rejection will vary with the bandwidth.
The Commission expects that the filter
should meet 60 dB of rejection for all
frequencies removed from the TT&C’s
center frequency by more than 150% of
the TT&C’s emission bandwidth, both
above and below the TT&C channel.
Further, the filter should provide 70 dB
of rejection for all frequencies removed
from the TT&C’s center frequency by
more than 250% of the TT&C’s emission
bandwidth, both above and below.
Intelsat now claims that the protected
bandwidth on both sides of the TT&C’s
telemetry signal must be at least 25
megahertz. But given that TT&Cs
typically use a channel bandwidth of
400 to 800 kilohertz, the Commission
finds this claim to be excessive. In the
event of a claim of harmful interference,
the earth station operator must
demonstrate that they have installed a
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filter that complies with the mask
described above. If they have not
installed such a filter or are unable to
make such a demonstration, and the 3.7
GHz Service licensee can confirm it
meets the PFD, the TT&C operator will
have to accept the interference.
9. Coexistence With Aeronautical
Radionavigation
366. The nearby 4.2–4.4 GHz band is
allocated to Aeronautical
Radionavigation and aeronautical
mobile (route) services worldwide.49
This band is home to radio altimeters
and Wireless Avionics IntraCommunications systems used on
aircraft and helicopters worldwide.
Radio altimeters are critical aeronautical
safety-of-life systems primarily used at
altitudes under 2500 feet above ground
level (AGL) and must operate without
harmful interference. Wireless Avionics
Intra-Communications systems provide
communications over short distances
between points on a single aircraft and
are not intended to provide air-toground communications or
communications between two or more
aircraft.
367. By licensing only up to 3.98 GHz
as flexible-use spectrum, the
Commission is providing a 220megahertz guard band between new
services in the lower C-band and radio
altimeters and Wireless Avionics IntraCommunications services operating in
the 4.2–4.4 GHz band. This is double
the minimum guard band requirement
discussed in initial comments by Boeing
and ASRC.
368. A set of preliminary test results
prepared by the Aerospace Vehicle
Systems Institute was provided to the
Commission after the comment and
reply period. AVSI’s study simulated an
aggregate 5G emission for various
amounts of allocated spectrum and
measured the received power level at
which the accuracy of height
measurements exceeds certain criteria.
In one scenario, AVSI modeled a worstcase scenario with an aircraft altimeter
operating at 200 feet AGL, with
numerous other altimeters nearby
creating in-band interference and
aggregate base station emissions across
the 3.7 to 4.0 GHz band. The
preliminary results show that there may
be a large variation in radio altimeter
receiver performance between different
manufacturers. The measured PSD
levels at which errors occurred ranged
49 World Radio Conference-15 added a primary
aeronautical mobile (route) service (AM(R)S)
allocation to the 4.2–4.4 GHz band in all ITU
Regions, and adopted footnote 5.436, which
reserves the use of this allocation exclusively for
wireless avionics intra-communications systems.
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from ¥21 to ¥51 dBm/MHz for the
various types of altimeters that were
tested. AVSI concluded that ‘‘most of
the altimeters reported broadly
consistent susceptibility to OoBI PSD
levels until more than approximately
200 to 250 MHz of OoBI was
introduced.’’ AVSI noted that as the
amount of active spectrum increased
above 3.9 GHz, the acceptable levels of
PSD began to decrease.
369. T-Mobile commissioned a study
by Alion to review the AVSI report and
they raised several concerns. Alion
noted that AVSI’s analysis identified
levels of interference where
performance degradation occurred, but
did not investigate whether these levels
would occur in any reasonable scenario.
Alion questioned the interference
margin assumptions, noting that two of
the initial altimeters types failed due to
interference from other altimeters and
the scenario had to be adjusted. They
also questioned the simulated waveform
for the 5G emissions, which showed flat
out-of-band emissions approximately 40
dB below the carrier. Alion noted that
emissions naturally decrease with
frequency separation and concluded
that the simulated emission ‘‘would not
comply with the emission limits for
virtually any services associated with a
base station or fixed station governed by
FCC rules: part 27 services, part 27.53
or part 96 services.’’
370. The Commission agrees with TMobile and Alion that the AVSI study
does not demonstrate that harmful
interference would likely result under
reasonable scenarios (or even reasonably
‘‘foreseeable’’ scenarios to use the
parlance of AVSI). The Commission
finds the limits it sets for the 3.7 GHz
Service are sufficient to protect
aeronautical services in the 4.2–4.4 GHz
band. Specifically, the technical rules
on power and emission limits the
Commission sets for the 3.7 GHz Service
and the spectral separation of 220
megahertz should offer all due
protection to services in the 4.2–4.4 GHz
band. The Commission nonetheless
agrees with AVSI that further analysis is
warranted on why there may even be a
potential for some interference given
that well-designed equipment should
not ordinarily receive any significant
interference (let alone harmful
interference) given these circumstances.
As such, the Commission encourages
AVSI and others to participate in the
multi-stakeholder group that the
Commission expects industry will set
up—and as requested by AVSI itself.
The Commission expects the aviation
industry to take account of the RF
environment that is evolving below the
3980 MHz band edge and take
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appropriate action, if necessary, to
ensure protection of such devices.
10. Coexistence With the Citizens
Broadband Radio Service
371. The Commission does not
require dynamic spectrum management
or other protection mechanisms
suggested by some to protect the
Citizens Broadband Radio Service
(operating below 3.7 GHz) or FSS
operations (in the 4.0–4.2 GHz band)
from new 3.7 GHz Service operations.
Although some commenters support the
use of some form of dynamic spectrum
management or an automated
coordination capability to mitigate
interference from new 3.7 GHz Service
operations into the 3.55–3.7 GHz band,
the Commission finds such provisions
are unwarranted in this instance and
could hinder efficient 5G deployment in
the band. Specifically, the Commission
notes that the dynamic management
approach is needed in the Citizens
Broadband Radio Service to coordinate
access between Priority Access
Licensees and General Authorized
Access users and to prevent interference
to incumbent Federal and non-Federal
operations. The same considerations are
not present in the 3.7–4.2 GHz band and
the transition and licensing approach
the Commission adopts for introducing
3.7 GHz Service to the 3.7–3.98 GHz
band is appropriate for the unique
circumstances and anticipated use cases
for the band. Further, the Commission
denies requests that it require
coordination between Citizens
Broadband Radio Service and 3.7 GHz
Service operations, but it encourages
parties to explore synchronization of
TDD operations to minimize
interference between these adjacent
services.
372. The Commission finds that 3.7
GHz Service operations above 3.7 GHz
can coexist with operations below the
band edge. First, the Commission notes
that the emission limits it is adopting
are consistent with other mobile service
bands that have proven successful in
coexisting with a variety of adjacent
services. Further, the flexible nature of
the equipment that will likely operate in
the Citizens Broadband Radio Service
band and the advanced spectrum
management capabilities of the SAS
should allow flexibility to access
different channels in any location that
might be near a higher-powered 3.7 GHz
Service tower or make opportunistic use
of different channels in different areas.
Further, in some instances, operations
above and below the 3.7 GHz band edge
may be synchronized when they are
deployed as part of a carrier’s network.
Synchronization of two different
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carriers can be implemented using
traditional 3GPP methods based on an
absolute timing reference.
IV. Final Regulatory Flexibility
Analysis
A. Need for, and Objectives of, the
Report and Order
373. In the Report and Order and
Order of Proposed Modification (Report
and Order), the Commission expands on
its efforts to close the digital divide and
secure U.S. leadership in the next
generation of wireless services,
including fifth-generation (5G) wireless
and other advanced spectrum-based
services by making the 3.7–3.98 GHz
band available for flexible terrestrial
wireless use. The Commission adopts
new rules for this band that are
designed to achieve four key goals: (1)
Make a significant amount of spectrum
available for flexible use, including 5G
services; (2) ensure that a significant
amount of that spectrum is made
available quickly so it can be used in
upcoming 5G deployments; (3) recover
for the public a portion of the value of
this public spectrum resource; and (4)
ensure the continuous and
uninterrupted delivery of services
currently offered in the 3.7–4.2 GHz
band (C-band). Specifically, the
Commission makes 280 MHz of
spectrum available on a national basis
through an auction conducted by the
Commission. Because this band is prime
spectrum for next generation wireless
services, this action will serve as a
critical step in advancing United States
leadership in 5G and in implementing
the Commission’s comprehensive
strategy to Facilitate America’s
Superiority in 5G Technology (the 5G
FAST Plan). At the same time, the
Commission adopts rules to
accommodate incumbent Fixed Satellite
Service and Fixed Services operations
in the band, enabling those operators to
have continuous and uninterrupted
delivery of the same video programming
and other content that they do today.
374. The 3.7–4.2 GHz band currently
is allocated in the United States
exclusively for non-Federal use on a
primary basis for Fixed Satellite Service
(FSS) and Fixed Service. For FSS, the
3.7–4.2 GHz band (space-to-Earth or
downlink) is paired with the 5.925–
6.425 GHz band (Earth-to-space or
uplink), and collectively these bands are
known as the ‘‘conventional C-band.’’
Domestically, space station operators
use the 3.7–4.2 GHz band to provide
downlink signals of various bandwidths
to licensed transmit-receive, registered
receive-only, and unregistered receiveonly earth stations throughout the
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United States. FSS operators use this
band to deliver programming to
television and radio broadcasters
throughout the country and to provide
telephone and data services to
consumers. The 3.7–4.2 GHz band is
also used for reception of telemetry
signals transmitted by satellites,
typically near the edges of the band, i.e.,
at 3.7 GHz or 4.2 GHz.
375. The Report and Order expands
on the Commission’s efforts to open up
mid-band spectrum by making the 3.7–
3.98 GHz band available for flexible-use
wireless services. The Commission adds
a mobile, except aeronautical mobile,
allocation to the 3.7–4.0 GHz band. The
Commission also adopts a process to
transition this 280 megahertz of
spectrum from incumbent use to new
flexible-use by December 5, 2025, with
accelerated relocation payment options
for space station operators that serve
earth stations in the contiguous United
States to accelerate this transition in two
stages: (1) 100 megahertz (3.7–3.8 GHz)
by December 5, 2021 and (2) all 280
megahertz by December 5, 2023. In both
cases, the space station operators would
clear an additional 20 megahertz to be
used as a guard band. The Commission
adopts relocation and accelerated
relocation payment rules including
rules establishing an independent
Relocation Payment Clearinghouse to
oversee the cost-related aspects of the
transition, as well as a Relocation
Coordinator to ensure that all
incumbent space station operators are
relocating in a timely manner and
ensure uninterrupted service during and
following the transition. The
Commission adopts service and
technical rules for flexible-use licensees
in the 280 megahertz of spectrum
designated for transition to flexible use.
376. Adopting a primary non-Federal
mobile, except aeronautical mobile,
allocation to the 3.7–3.98 GHz band will
foster more efficient and intensive use
of mid-band spectrum to facilitate and
incentivize investment in next
generation wireless services. Mid-band
spectrum is ideal for next generation
wireless broadband service due to its
favorable propagation and capacity
characteristics. Allocating the 3.7–3.98
GHz band for mobile services will also
address the Commission’s mandate
under the MOBILE NOW Act to identify
spectrum for mobile and fixed wireless
broadband use. In addition, adopting
this allocation will harmonize the
Commission’s allocations for the 3.7–4.0
GHz band with international
allocations. The Commission’s plan will
ensure that content that FSS now
delivers to incumbent earth stations will
continue uninterrupted.
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B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
377. There were no comments filed
that specifically addressed the proposed
rules and policies presented in the
IRFA.
C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
378. Pursuant to the Small Business
Jobs Act of 2010, which amended the
RFA, the Commission is required to
respond to any comments filed by the
Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments.
379. The Chief Counsel did not file
any comments in response to the
proposed rules in this proceeding.
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D. Description and Estimate of the
Number of Small Entities To Which the
Rules Will Apply
380. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the rules adopted herein. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.’’ A
‘‘small business concern’’ is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
SBA.
381. Small Businesses, Small
Organizations, Small Governmental
Jurisdictions. Our actions, over time,
may affect small entities that are not
easily categorized at present. We
therefore describe here, at the outset,
three broad groups of small entities that
could be directly affected herein. First,
while there are industry specific size
standards for small businesses that are
used in the regulatory flexibility
analysis, according to data from the
SBA’s Office of Advocacy, in general, a
small business is an independent
business having fewer than 500
employees. These types of small
businesses represent 99.9% of all
businesses in the United States, which
translates to 30.7 million businesses.
382. Next, the type of small entity
described as a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
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which is independently owned and
operated and is not dominant in its
field.’’ The Internal Revenue Service
(IRS) uses a revenue benchmark of
$50,000 or less to delineate its annual
electronic filing requirements for small
exempt organizations. Nationwide, for
tax year 2018, there were approximately
571,709 small exempt organizations in
the U.S. reporting revenues of $50,000
or less according to the registration and
tax data for exempt organizations
available from the IRS.
383. Finally, the small entity
described as a ‘‘small governmental
jurisdiction’’ is defined generally as
‘‘governments of cities, counties, towns,
townships, villages, school districts, or
special districts, with a population of
less than fifty thousand.’’ U.S. Census
Bureau data from the 2017 Census of
Governments indicate that there were
90,075 local governmental jurisdictions
consisting of general purpose
governments and special purpose
governments in the United States. Of
this number, there were 36,931 general
purpose governments (county,
municipal and town or township) with
populations of less than 50,000 and
12,040 special purpose governments—
independent school districts with
enrollment populations of less than
50,000. Accordingly, based on the 2017
U.S. Census of Governments data, we
estimate that at least 48,971 entities fall
into the category of ‘‘small
governmental jurisdictions.’’
384. Wireless Telecommunications
Carriers (except Satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
communications via the airwaves.
Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
services, paging services, wireless
internet access, and wireless video
services. The appropriate size standard
under SBA rules is that such a business
is small if it has 1,500 or fewer
employees. For this industry, U.S.
Census Bureau data for 2012 show that
there were 967 firms that operated for
the entire year. Of this total, 955 firms
had employment of 999 or fewer
employees and 12 had employment of
1,000 employees or more. Thus under
this category and the associated size
standard, the Commission estimates that
the majority of wireless
telecommunications carriers (except
satellite) are small entities.
385. Satellite Telecommunications.
This category comprises firms
‘‘primarily engaged in providing
telecommunications services to other
establishments in the
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telecommunications and broadcasting
industries by forwarding and receiving
communications signals via a system of
satellites or reselling satellite
telecommunications.’’ Satellite
telecommunications service providers
include satellite and earth station
operators. The category has a small
business size standard of $35 million or
less in average annual receipts, under
SBA rules. For this category, U.S.
Census Bureau data for 2012 show that
there were a total of 333 firms that
operated for the entire year. Of this
total, 299 firms had annual receipts of
less than $25 million. Consequently, we
estimate that the majority of satellite
telecommunications providers are small
entities.
E. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
386. The Commission expects the
rules adopted in the Report and Order
will impose new or additional reporting
or recordkeeping and/or other
compliance obligations on small entities
as well as other applicants and
licensees. In addition to the rule
changes associated with transitioning
the band through the approach adopted
in the Report and Order, there are new
service rule compliance obligations.
New licensees in the 3.7–3.98 GHz band
will have to meet various service rules,
including construction benchmarks and
technical operating requirements. In the
event a small entity obtains licenses
through auction, the small entity
licensee would be required to satisfy
construction requirements, operate in
compliance with technical rules (e.g.,
power, out of band emissions, and field
strength limits), and may have to
coordinate with incumbent FSS
operations in limited instances. Small
entity licensees would be responsible
for making certain construction
demonstrations with the Commission
through the Universal Licensing System
showing that they have satisfied the
relevant construction benchmarks.
387. All filing, recordkeeping and
reporting requirements adopted in the
Report and Order, including
professional, accounting, engineering or
survey services used in meeting these
requirements will be the same for small
and large entities that intend to utilize
these new 3.7 GHz Service licenses. To
the extent having the same requirements
for all licensees results in the costs of
complying with the rules being
relatively greater for smaller entities
than for large ones, these costs are
necessary to effectuate the purpose of
the Communications Act, namely to
further the efficient use of spectrum, to
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prevent spectrum warehousing and are
necessary to promote fairness. Likewise,
compliance with the service and
technical rules and coordination
requirements are necessary for the
furtherance of the goals of protecting the
public while also providing interference
free services. Small entities must
therefore comply with these rules and
requirements. The Commission believes
however, that small entities will benefit
from having more information about
opportunities in the 3.7–3.98 GHz band,
more flexibility to provide a wider range
of services, and more options for gaining
access to wireless spectrum.
388. In order to comply with the rule
changes adopted in the Report and
Order, small entities may be required to
hire attorneys, engineers, consultants, or
other professionals. While the
Commission cannot quantify the cost of
compliance with the rule changes, we
note that several of the rule changes are
consistent with and mirror existing
policies and requirements used for other
part 27 flexible-use licenses. Therefore,
small entities with existing licenses in
other bands may already be familiar
with such policies and requirements
and have the processes and procedures
in place to facilitate compliance
resulting in minimal incremental costs
to comply with our requirements for the
3.7–4.2 GHz band. The recordkeeping,
reporting and other compliance
obligations for small entities and other
licensees are described below.
389. Designated Entity Provisions. The
Commission adopts the proposal to
apply the two small business definitions
with higher gross revenues thresholds to
auctions of overlay licenses in the 3.7–
3.98 GHz band. Accordingly, an entity
with average annual gross revenues for
the relevant preceding period not
exceeding $55 million will qualify as a
‘‘small business,’’ while an entity with
average annual gross revenues for the
relevant preceding period not exceeding
$20 million will qualify as a ‘‘very small
business.’’ Since their adoption in 2015,
the Commission has used these gross
revenue thresholds in auctions for
licenses likely to be used to provide 5G
services in a variety of bands. The
results in these auctions indicate that
these gross revenue thresholds have
provided an opportunity for bidders
claiming eligibility as small businesses
to win licenses to provide spectrumbased services at auction. These
thresholds do not appear to be overly
inclusive as a substantial number of
qualified bidders in these auctions do
not come within the thresholds. This
helps preclude designated entity
benefits from flowing to entities for
which such credits are not necessary.
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390. The Commission also adopts the
proposal to provide qualifying ‘‘small
businesses’’ with a bidding credit of
15% and qualifying ‘‘very small
businesses’’ with a bidding credit of
25%, consistent with the standardized
schedule in part 1 of the rules. This
proposal was modeled on the small
business size standards and associated
bidding credits that the Commission
adopted for a range of other services.
The Commission believes that use of the
small business tiers and associated
bidding credits set forth in the part 1
bidding credit schedule will provide
consistency and predictability for small
businesses.
391. Rural Service Providers. In the
NPRM, the Commission also sought
comment on a proposal to offer a
bidding credit for rural service
providers. The rural service provider
bidding credit awards a 15% bidding
credit to those that service
predominantly rural areas and that have
fewer than 250,000 combined wireless,
wireline, broadband and cable
subscribers. As a general matter, the
Commission ‘‘has made closing the
digital divide between Americans with,
and without, access to modern
broadband networks its top priority . . .
[and is] committed to ensuring that all
Americans, including those in rural
areas, Tribal lands, and disaster-affected
areas, have the benefits of a high-speed
broadband connection.’’ In this
proceeding, a variety of organizations
and associations that in turn represent
the providers that serve the most rural
and sparsely populated areas of the
country have come together to stress
that ‘‘rules [for bringing this spectrum to
market] should balance the competing
needs of interested parties and offer
meaningful opportunities for providers
of all kinds and sizes to offer spectrumbased services to rural consumers.’’
392. Licensing and Operating Rules.
The Commission adopts licensing and
operating rules that afford licensees the
flexibility to align licenses in the 3.7–
3.98 GHz band with licenses in other
spectrum bands governed by part 27 of
the Commission’s rules and other
flexible-use services. Specifically, the
Commission adopts rules requiring 3.7
GHz Service licensees in the 3.7–3.98
GHz band to comply with licensing and
operating rules that are similar to all
part 27 services, including flexible use,
regulatory status, foreign ownership
reporting, compliance with construction
requirements, renewal criteria,
permanent discontinuance of
operations, partitioning and
disaggregation, and spectrum leasing.
393. Application Requirements and
Eligibility. Licensees in the A, B, and C
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blocks must comply with the
Commission’s general application
requirements. Further, the Commission
adopts an open eligibility standard for
licenses in the A, B, and C Blocks. The
Commission has determined that
eligibility restrictions on licenses may
be imposed only when open eligibility
would pose a significant likelihood of
substantial harm to competition in
specific markets and when an eligibility
restriction would be effective in
eliminating that harm.
394. Mobile Spectrum Holdings. The
Commission does not impose a preauction bright-line limit on acquisitions
of the 3.7–3.98 GHz band. Instead, the
Commission will incorporate into the
spectrum screen the 280 megahertz of
spectrum that the Commission makes
available in the 3.7–3.98 GHz band. The
Commission will also perform case-bycase review of the long-form license
applications filed as a result of the
auction. In regard to mobile spectrum
holdings, the Commission will include
the A, B, and C Blocks of the 3.7–3.98
GHz band in the screen for secondary
market transactions because the
spectrum will become ‘‘suitable and
available in the near term for the
provision of mobile telephony/
broadband services.’’ The Commission
will add the 280 megahertz of spectrum
to the screen once the auction closes.
395. Mobile or Point-to-Multipoint
Performance Requirements. The
Commission concludes that licensees in
the A, B, and C Blocks offering mobile
or point-to-multipoint services must
provide reliable signal coverage and
offer service to at least 45% of the
population in each of their license areas
within eight years of the license issue
date (first performance benchmark), and
to at least 80% of the population in each
of their license areas within 12 years
from the license issue date (second
performance benchmark).
396. Alternate IoT Performance
Requirements. The Commission
recognized in the NPRM that 3.7–3.98
GHz licenses have flexibility to provide
services potentially less suited to a
population coverage metric. Therefore,
the Commission sought comment on an
alternative performance benchmark
metric for licensees providing IoT-type
fixed and mobile services. Based on the
record evidence, the Commission will
allow licenses in the A, B, and C Blocks
offering IoT-type services to provide
geographic area coverage of 35% of the
license area at the first (eight-year)
performance benchmark, and
geographic area coverage of 65% of the
license area at the second (12-year)
performance benchmark.
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397. Fixed Point-to-Point under
Flexible Use Performance Requirements.
The Commission adopts a requirement
that part 27 geographic area licensees
providing Fixed Service in the A, B, and
C Blocks band must demonstrate within
eight years of the license issue date (first
performance benchmark) that they have
four links operating and providing
service, either to customers or for
internal use, if the population within
the license area is equal to or less than
268,000. If the population within the
license area is greater than 268,000, the
Commission requires a licensee relying
on point-to-point service to demonstrate
it has at least one link in operation and
providing service, either to customers or
for internal use, per every 67,000
persons within a license area. The
Commission requires licensees relying
on point-to-point service to demonstrate
within 12 years of the license issue date
(final performance benchmark) that they
have eight links operating and providing
service, either to customers or for
internal use, if the population within
the license area is equal to or less than
268,000. If the population within the
license area is greater than 268,000, the
Commission requires a licensee relying
on point-to-point service to demonstrate
it is providing service and has at least
two links in operation per every 67,000
persons within a license area.
398. Penalty for Failure to Meet
Performance Requirements. Along with
performance benchmarks, the
Commission adopts meaningful and
enforceable penalties for failing to
ensure timely build-out. Specifically, as
proposed in the NPRM, the Commission
adopts a rule requiring that, in the event
a licensee in the A, B, or C Block fails
to meet the first performance
benchmark, the licensee’s second
benchmark and license term would be
reduced by two years, thereby requiring
it to meet the second performance
benchmark two years sooner (at 10 years
into the license term) and reducing its
license term to 13 years. If a licensee
fails to meet the second performance
benchmark for a particular license area,
its authorization for each license area in
which it fails to meet the performance
requirement shall terminate
automatically without Commission
action.
399. Compliance Procedures. In
addition to compliance procedures
applicable to all part 27 licensees,
including the filing of electronic
coverage maps and supporting
documentation, the Commission adopts
a rule requiring that such electronic
coverage maps must accurately depict
both the boundaries of each licensed
area and the coverage boundaries of the
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actual areas to which the licensee
provides service. As proposed in the
NPRM, the rule the Commission is
adopting requires measurements of
populations served on areas no larger
than the Census Tract level so a licensee
deploying small cells has the option to
measure its coverage using a smaller
acceptable identifier such as a Census
Block. Each licensee also must file
supporting documentation certifying the
type of service it is providing for each
licensed area within its service territory
and the type of technology used to
provide such service. Supporting
documentation must include the
assumptions used to create the coverage
maps, including the propagation model
and the signal strength necessary to
provide reliable service with the
licensee’s technology.
400. License Renewal. As proposed in
the NPRM, the Commission will apply
the general renewal requirements
applicable to all Wireless Radio Services
(WRS) licensees to 3.7–3.98 GHz band
licensees in the A, B, and C Blocks. This
approach will promote consistency
across services.
401. Renewal Term Construction
Obligation. In addition to, and
independent of, these general renewal
provisions, the Commission finds that
any additional renewal term
construction obligations adopted in the
Wireless Radio Services Renewal Reform
proceeding would apply to licenses in
the A, B, and C Blocks of the 3.7–3.98
GHz band.
402. New Earth Stations. On April 19,
2018, the staff released the Freeze and
90-Day Earth Station Filing Window
Public Notice, which froze applications
for new or modified earth stations in the
3.7–4.2 GHz band to preserve the
current landscape of authorized
operations pending action as part of the
Commission’s ongoing inquiry into the
possibility of permitting mobile
broadband use and more intensive fixed
use of the band through this proceeding.
Given the Commission’s decision to
limit FSS operations in the 3.7–4.0 GHz
band in the contiguous United States
but not elsewhere, the Commission
converts the freeze for new FSS earth
stations in the 3.7–4.0 GHz band in the
contiguous United States into an
elimination of the application process
for registrations and licenses for those
operations, and the Commission lifts the
freeze for new FSS earth stations in the
3.7–4.2 GHz band outside of the
contiguous United States as of the
publication date of the Report and
Order. Earth stations registered after the
filing freeze is lifted will not be
considered incumbent earth stations
and will not qualify for reimbursement
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of relocation costs. Further, any new
registered earth stations outside of the
contiguous United States may not claim
protection from harmful interference
from new flexible-use licensees in the
contiguous United States.
403. The Commission revises the part
25 rules such that applications for 3.7–
4.0 GHz band earth station licenses or
registrations in the contiguous United
States will no longer be accepted.
Limiting, as described, the registration
of new earth stations in spectrum being
transitioned to primary terrestrial use
will provide a stable spectral
environment for more intensive
terrestrial use of 3.7–3.98 GHz and
facilitate the rapid transition to
terrestrial use.
404. With respect to registered
incumbent earth stations that are
transitioned to the 4.0–4.2 GHz band,
the Commission will permit these earth
stations to be renewed and/or modified
to maintain their operations in the 4.0–
4.2 GHz band. The Commission will
not, however, accept applications for
new earth stations in the 4.0–4.2 GHz
portion of the band for the time being,
during this transition period.
405. Relocation and Accelerated
Relocation Payments. New overlay
licensees must pay their share of
relocation and accelerated relocation
payments to reimburse incumbents for
the reasonable costs of transitioning out
of the lower 300 megahertz of the Cband in the contiguous United States.
Based on the unique circumstances of
the band, the Commission also finds it
necessary to condition new licenses on
making acceleration payments to
satellite incumbents that voluntarily
choose to clear the band on an
expedited schedule. Like relocation
payments, the Commission finds that
requiring such mandatory payments is
both in the public interest and within
the Commission’s Title III authority.
406. Sunsetting Incumbent Point-toPoint Fixed Services. Incumbent
licensees of temporary fixed and
permanent point-to-point Fixed Service
links will have until December 5, 2023,
to self-relocate their point-to-point links
out of the 3.7–4.2 GHz band. The
Commission also revises its part 101
rules to specify that no applications for
new point-to-point Fixed Service will be
granted in the contiguous United States.
407. Relocation Reimbursement and
Cost Sharing for Point-to-Point Fixed
Services. Incumbent licensees of
permanent point-to-point Fixed Service
links that self-relocate out of the band
within December 5, 2023 shall be
eligible for reimbursement of their
reasonable costs based on the wellestablished ‘‘comparable facilities’’
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standard used for the transition of
microwave links out of other bands.
Similar to the Commission’s approach
for earth station clearing, because fixed
service relocation affects spectrum
availability on a local basis, all flexibleuse licensees in a PEA where an
incumbent Fixed Service licensee selfrelocated will share in the
reimbursement of these reasonable costs
on a pro rata basis. Incumbent Fixed
Service licensees will be subject to the
same demonstration requirements and
reimbursement administrative
provisions as those adopted above for
incumbent earth station operators.
408. Power Levels for Base Station
Power. To support robust deployment of
next-generation mobile broadband
services, the Commission will allow
base stations in non-rural areas to
operate at power levels up to 1640 watts
per megahertz EIRP. In addition,
consistent with other broadband mobile
services in nearby bands (AWS–1,
AWS–3, AWS–4 and PCS), the
Commission will permit base stations in
rural areas to operate with double the
non-rural power limits (3280 watts per
megahertz) in rural areas. The
Commission extends the same power
density limit to emissions with a
bandwidth less than one megahertz to
facilitate uniform power distribution
across a licensee’s authorized band
regardless of whether wideband or
narrowband technologies are being
deployed.
409. Power Levels for Mobile Power.
The Commission adopts a 1 Watt (30
dBm) EIRP power limit for mobile
devices, as proposed in the NPRM.
410. Base Station Out-of-band
Emissions. The Commission adopts base
station out-of-band emission (OOBE)
requirements based on the proposed
limits, which are similar to other AWS
services. Specifically, base stations will
be required to suppress their emissions
beyond the edge of their authorization
to a conducted power level of ¥13
dBm/MHz. For base station OOBE, we
apply the part 27 measurement
procedures and resolution bandwidth
that are used for AWS devices outlined
in section 27.53(h). Specifically, a
resolution bandwidth of 1 megahertz or
greater will be used; except in the 1
megahertz bands immediately outside
and adjacent to the licensee’s frequency
block where a resolution bandwidth of
at least 1% of the emission bandwidth
may be employed.
411. Mobile Out-of-Band Emissions.
As with base station out-of-band
emission limits, the Commission adopts
mobile emission limits similar to the
standard emission limits that apply to
other mobile broadband services.
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Specifically, mobile units must suppress
the conducted emissions to no more
than ¥13 dBm/MHz outside their
authorized frequency band. We adopted
a relaxation of the emission limit within
the first five megahertz of the channel
edge by varying the resolution
bandwidth used when measuring the
emission. For emissions within 1 MHz
from the channel edge, the minimum
resolution bandwidth will be either one
percent of the emission bandwidth of
the fundamental emission of the
transmitter or 350 kHz. In the bands
between one and five megahertz
removed from the licensee’s authorized
frequency block, the minimum
resolution bandwidth will be 500 kHz.
The relaxation will not affect the
interference to FSS above 4.0 GHz. The
relaxation will be entirely contained
within the 20 MHz guard band. The
effect on CBRS operations below 3.7
GHz should be minimal.
412. Antenna Heights Limit. The
Commission adopts the proposal not to
restrict antenna heights for 3.7–3.98
GHz band operations beyond any
requirements necessary to ensure air
navigation safety. This is consistent
with part 27 AWS rules, which
generally do not impose antenna height
limits on antenna structures.
413. Service Area Boundary Limit.
The Commission adopts the ¥76 dBm/
m2/MHz power flux density (PFD) limit
at a height of 1.5 meters above ground
at the border of the licensees’ service
area boundaries as proposed in the
NPRM and also permits licensees
operating in adjacent geographic areas
to voluntarily agree to higher levels at
their common boundaries.
414. International Boundary
Requirements. The Commission adopts
the proposal to apply section 27.57(c) of
the rules, which requires all part 27
operations to comply with international
agreements for operations near the
Mexican and Canadian borders.
415. Other Part 27 Rules. The
Commission adopts several additional
technical rules applicable to all part 27
services, including sections 27.51
(Equipment authorization), 27.52 (RF
safety), 27.54 (Frequency stability), and
part 1, subpart BB of the Commission’s
rules (Disturbance of AM Broadcast
Station Antenna Patterns) for operations
in the 3.7–3.98 GHz band. The
Commission requires client devices to
be capable of operating across the entire
3.7–3.98 GHz band. Specifically, the
Commission adds the 3.7–3.98 GHz
band to section 27.75, which requires
mobile and portable stations operating
in the 600 MHz band and certain AWS–
3 bands to be capable of operating
across the relevant band using the same
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air interfaces that the equipment uses on
any frequency in the band. This
requirement does not require licensees
to use any particular industry standard.
416. Protection from Out of Band
Emissions. The Commission adopts a
PFD limit to protect registered FSS earth
stations from out of band emissions
from 3.7 GHz Service operations. For
base and mobile stations operating in
the 3.7–3.98 GHz band, the Commission
adopts a PFD limit of ¥124 dBW/m2/
MHz, as measured at the antenna of
registered FSS earth stations. 3.7 GHz
Service licensees will be obligated to
ensure that the PFD limit at FSS earth
stations is not exceeded by base and
mobile station emissions, which may
require them to limit mobile operations
when in the vicinity of an earth station
receiver.
417. Protection from Receiver
Blocking. The Commission will require
base stations and mobiles to meet a PFD
limit of ¥16 dBW/m2/MHz, as
measured at the earth station antenna
for all registered FSS earth stations. This
blocking limit applies to all emissions
within the 3.7 GHz Service licensee’s
authorized band of operation.
418. Co-Channel Protection Criteria
for TT&C Earth Stations. A protection
criteria of I/N = ¥6 dB is appropriate
for TT&C links. The Commission will
require 3.7 GHz Service licensees to
coordinate their operations within 70
km of TT&C earth stations that continue
to operate in the 3.7–3.98 GHz band.
419. Adjacent Channel Protection
Criteria for TT&C Earth Stations. To
protect TT&C earth stations from
adjacent channel interference due to
out-of-band emissions, the Commission
sets the same interference protection
criteria of ¥6 dB I/N ratio. Prior
coordination is not required for adjacent
channel licenses. To provide protection
from potential receiver overload, the
Commission will require base stations
and mobiles to meet a PFD limit of ¥16
dBW/m2/MHz, as measured at the TT&C
earth station antenna.
420. Small entities may be required to
hire attorneys, engineers, consultants, or
other professionals to comply with the
rule changes adopted in the Report and
Order. Although the Commission cannot
quantify the cost of compliance with the
rule changes, we note that several of the
rule changes are consistent with and
mirror existing policies and
requirements used for other part 27
flexible-use licenses. Therefore, small
entities with existing licenses in other
bands may already be familiar with such
policies and requirements and have the
processes and procedures in place to
facilitate compliance resulting in
minimal incremental costs to comply
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with our requirements for the 3.7–4.2
GHz band.
F. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
421. The RFA requires an agency to
describe any significant, specifically
small business, alternatives that it has
considered in reaching its approach,
which may include the following four
alternatives (among others): (1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
422. In the Report and Order, the
Commission has adopted a transition
using a Commission-led competitive
bidding process to make C-band
spectrum available for next-generation
terrestrial wireless use. We considered
the position of the Small Satellite
Operators, the C-Band Alliance, and the
approaches of other commenters but
believe that the Commission-led
forward auction will leverage the best
features of the various proposals
submitted in the record and allow us to
repurpose the socially efficient amount
of spectrum for flexible use rapidly and
transparently. It will also facilitate
robust deployment of next-generation
terrestrial wireless networks and ensure
that qualified incumbents in the band
are able to continue their operations
without interruption. The advantages of
the public auction approach include
making a significant amount of 3.7–4.2
GHz band spectrum available quickly
through a public auction of flexible use
license, followed by a transition period
that leverages incumbent FSS operators’
expertise to achieve an effective
relocation of existing services to the
upper portion of the band, aligns
stakeholders’ incentives so as to achieve
an expeditious transition, and ensures
effective accommodation of incumbent
users. It will also facilitate robust
deployment of next generation
terrestrial wireless networks and ensure
that qualified incumbents in the band
are able to continue their operations
without interruption. We find that the
public auction approach fulfills the
Commission’s obligations to manage
spectrum in the public interest.
423. To ensure that small entities and
all eligible interests are included in the
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Transition Plans and compensated for
the transition to the upper 200
megahertz of the band, the transition
obligations the Commission adopts
require that, in order for a space station
operator to satisfy the clearing
benchmarks and become eligible for
reimbursement of reasonable relocation
costs and potential accelerated
relocation payments, it must
demonstrate that the space station
transmissions and receiving earth
station operations have been sufficiently
cleared such that the new flexible-use
licensee could begin operating without
causing harmful interference to
registered incumbent earth stations. We
find that, if the Small Satellite Operators
satisfy our definition of eligible space
station operators such that they have
incumbent registered earth station
customers that will need to be
transitioned to the upper portion of the
band, then they would be entitled to
reimbursement of reasonable relocation
costs and potential accelerated
relocation payments. This will ensure
that any small space station operator
incumbent affected by the transition
will have the opportunity to participate.
424. The Report and Order adopts
bidding credits for small and very small
businesses. The auction of flexible-use
licenses relies heavily on a competitive
marketplace to set the value of spectrum
and compensate incumbents for the
costs of transitioning out of the lower
300 megahertz of the band. Specifically,
for small entities, the Commission is
focused on facilitating competition in
the band and ensuring that all relevant
interests, not just those of the largest
companies, are represented. This will
help to reduce the potential economic
impact on small entities.
425. The license areas chosen in the
Report and Order should provide
spectrum access opportunities for
smaller carriers by giving them access to
less densely populated areas that match
their footprints. While PEAs are small
enough to provide spectrum access
opportunities for smaller carriers and
PEAs can be further disaggregated, these
units of area also nest within and may
be aggregated to form larger license
areas. Thus, the rules should enable
small entities and other providers
providing service in the 3.7–3.98 GHz
band to adjust their spectrum holdings
more easily and build their networks
pursuant to individual business plans,
allowing them to manage the economic
impact. We also believe this should
result in small entities having an easier
time acquiring or accessing spectrum.
426. Another step taken by the
Commission that should help minimize
the economic impact for small entities
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is the adoption of 15-year license terms
for licenses in the 3.7–3.98 GHz band.
Small entities should benefit from the
opportunity for long term operational
certainty and a longer period to develop,
test and provision innovative services
and applications. This longer licensing
term should also allow small entities to
curtail and spread out its costs. Lastly,
as mentioned above, many of the rule
changes adopted in the Report and
Order are consistent with and mirror
existing requirements for other bands.
The Commission’s decision to take this
approach for the 3.7–3.98 GHz band
should minimize the economic impact
for small entities who are already
obligated to comply with and have been
complying with existing requirements
in other bands.
V. Ordering Clauses
427. Accordingly, It is ordered that,
pursuant to Sections 1, 2, 4(i), 4(j), 5(c),
201, 302, 303, 304, 307(e), 309, and 316
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
154(j), 155(c), 201, 302, 303, 304, 307(e),
309, and 316, this Report and Order is
hereby adopted.
428. It is further ordered that the rules
and requirements as adopted herein are
adopted, effective sixty (60) days after
publication in the Federal Register; and
that the Order of Proposed Modification
is effective as of the date of publication
in the Federal Register; provided,
however, that compliance will not be
required for §§ 25.138(a) and (b);
25.147(a) through (c); 27.14(w)(1)
through (4); 27.1412(b)(3)(i), (c)
introductory text, (c)(2), (d)(1) and (2),
and (f) through (h); 27.1413(a)(2) and
(3), (b), and (c)(3) and (7); 27.1414(b)(3),
(b)(4)(i) and (iii), (c)(1) through (3);
27.1415; 27.1416(a); 27.1417; 27.1419;
27.1421; 27.1422(c); 27.1424; and
101.101, Note (2) of the Commission’s
rules, which contain new or modified
information collection requirements that
require review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act, until the
effective date for those information
collections is announced in a document
published in the Federal Register after
the Commission receives OMB
approval. The Commission directs the
Bureau to issue such document
announcing the compliance dates for
§§ 25.138(a) and (b); 25.147(a) through
(c); 27.14(w)(1) through (4);
27.1412(b)(3)(i), (c) introductory text,
(c)(2), (d)(1) and (2), and (f) through (h);
27.1413(a)(2) and (3), (b), and (c)(3) and
(7); 27.1414(b)(3), (b)(4)(i) and (iii),
(c)(1) through (3); 27.1415; 27.1416(a);
27.1417; 27.1419; 27.1421; 27.1422(c);
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23APR2
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
27.1424; and 101.101, Note (2)
accordingly.
429. It is further ordered that the
freeze on applications for new FSS earth
stations in the 3.7–4.2 GHz band outside
of the contiguous United States and on
applications for new point-to-point
microwave Fixed Service sites outside
of the contiguous United States will be
lifted on the date of publication of this
Report and Order in the Federal
Register.
430. It is further ordered that,
pursuant to Section 309 and 316 of the
Communications Act of 1934, as
amended, 47 U.S.C. 309 and 316, in the
Order of Proposed Modification the
Commission proposes that the licenses
and authorizations of all 3.7–4.2 GHz
FSS licensees and market access
holders; all transmit-receive earth
station licenses; and all Fixed Service
licenses will be modified pursuant to
the conditions specified in this Report
and Order at paragraphs 123–125, 321,
323, 325, these modification conditions
will be effective 60 days after
publication of this Report and Order
and Order in the Federal Register,
provided, however, that in the event any
FSS licensee, Fixed Service licensee,
transmit-receive earth station licensee,
or any other licensee or permittee who
believes that its license or permit would
be modified by this proposed action,
seeks to protest this proposed
modification and its accompanying
timetable, the proposed license
modifications specified in this Report
and Order and Order and contested by
the licensee or permittee shall not be
made final as to such licensee or
permittee unless and until the
Commission orders otherwise. Pursuant
to Section 316(a)(1) of the
Communications Act of 1934, as
amended, 47 U.S.C. 316(a)(1),
publication of this Report and Order in
the Federal Register shall constitute
notification in writing of our Order
proposing the modification of the 3.7–
4.2 GHz FSS licenses, Fixed Service
Licenses, transmit-receive earth station
licenses, and of the grounds and reasons
therefore, and those licensees and any
other party seeking to file a protest
pursuant to Section 316 shall have 30
days from the date of such publication
to protest such Order.
431. It is further ordered, pursuant to
Section 309 and 316 of the
Communications Act of 1934, as
amended, 47 U.S.C. 309 and 316, that
following the final modification of each
FSS license and transmit-receive earth
station license, the International Bureau
shall further modify such licenses as are
necessary in order to implement the
specific band reconfiguration in the
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20:23 Apr 22, 2020
Jkt 250001
manner specified in this Report and
Order; and the Wireless
Telecommunications Bureau shall
modify each Fixed Service license as
necessary in order to implement the
specific band reconfiguration in the
manner specified in this Report and
Order.
432. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
433. It is further ordered that this
Report and Order SHALL BE sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
434. It is our intention in adopting
these rules that, if any provision of the
Report and Order or the rules, or the
application thereof to any person or
circumstance, is held to be unlawful,
the remaining portions of such Report
and Order and the rules not deemed
unlawful, and the application of the
Report and Order and the rules to other
persons or circumstances, shall remain
in effect to the fullest extent permitted
by law.
List of Subjects in 47 CFR Parts 1, 2, 25,
27, and 101
Administrative practice and
procedures, Communications,
Communications equipment, Radio,
Reporting and recordkeeping
requirements, Satellites,
Telecommunications.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 1, 2,
25, 27, and 101 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.
2. Amend § 1.907 by revising the
definition of ‘‘Covered geographic
licenses’’ to read as follows:
■
*
*
*
*
Covered geographic licenses. Covered
geographic licenses consist of the
Frm 00059
Fmt 4701
3. Amend § 1.9005 by:
■ a. Removing the word ‘‘and’’ at the
end of paragraph (kk);
■ b. Removing the period at the end of
paragraph (ll) and adding ‘‘; and’’ in its
place; and
■ c. Adding paragraph (mm).
The addition reads as follows:
§ 1.9005
Definitions.
*
PO 00000
following services: 1.4 GHz Service (part
27, subpart I, of this chapter); 1.6 GHz
Service (part 27, subpart J); 24 GHz
Service and Digital Electronic Message
Services (part 101, subpart G, of this
chapter); 218–219 MHz Service (part 95,
subpart F, of this chapter); 220–222
MHz Service, excluding public safety
licenses (part 90, subpart T, of this
chapter); 600 MHz Service (part 27,
subpart N); 700 MHz Commercial
Services (part 27, subpart F and H); 700
MHz Guard Band Service (part 27,
subpart G); 800 MHz Specialized Mobile
Radio Service (part 90, subpart S); 900
MHz Specialized Mobile Radio Service
(part 90, subpart S); 3.7 GHz Service
(part 27, subpart O); Advanced Wireless
Services (part 27, subparts K and L);
Air-Ground Radiotelephone Service
(Commercial Aviation) (part 22, subpart
G, of this chapter); Broadband Personal
Communications Service (part 24,
subpart E, of this chapter); Broadband
Radio Service (part 27, subpart M);
Cellular Radiotelephone Service (part
22, subpart H); Citizens Broadband
Radio Service (part 96, subpart C, of this
chapter); Dedicated Short Range
Communications Service, excluding
public safety licenses (part 90, subpart
M); H Block Service (part 27, subpart K);
Local Multipoint Distribution Service
(part 101, subpart L); Multichannel
Video Distribution and Data Service
(part 101, subpart P); Multilateration
Location and Monitoring Service (part
90, subpart M); Multiple Address
Systems (EAs) (part 101, subpart O);
Narrowband Personal Communications
Service (part 24, subpart D); Paging and
Radiotelephone Service (part 22,
subpart E; part 90, subpart P); VHF
Public Coast Stations, including
Automated Maritime
Telecommunications Systems (part 80,
subpart J, of this chapter); Upper
Microwave Flexible Use Service (part 30
of this chapter); and Wireless
Communications Service (part 27,
subpart D).
*
*
*
*
*
■
■
§ 1.907
Sfmt 4700
22861
Included services.
*
*
*
*
*
(mm) The 3.7 GHz Service in the 3.7–
3.98 GHz band.
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
4. The authority citation for part 2
continues to read as follows:
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■
VerDate Sep<11>2014
20:23 Apr 22, 2020
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Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
5. Amend § 2.106 by revising page 41
of the Table of Frequency Allocations
and adding footnote NG182 and revising
footnote NG457A in the list of Non-
■
PO 00000
Frm 00060
Fmt 4701
Sfmt 4700
Federal Government (NG) Footnotes to
read as follows:
§ 2.106
*
*
Table of Frequency Allocations.
*
*
BILLING CODE 6712–01–P
E:\FR\FM\23APR2.SGM
23APR2
*
lotter on DSKBCFDHB2PROD with RULES2
Region 1 Table
(See previous page)
Jkt 250001
PO 00000
3600-4200
FIXED
FIXED-SATELLITE
(space-to-Earth)
Mobile
International Table
Region 2 Table
3500-3600
FIXED
FIXED-SATELLITE
(space-to-Earth)
MOBILE except aeronautical
mobile 5.431B
Radiolocation 5.433
3600-3700
FIXED
FIXED-SATELLITE
(space-to-Earth)
MOBILE except aeronautical
mobile 5.434
Radiolocation 5.433
Region 3 Table
3500-3600
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE except aeronautical mobile
5.433A
Radiolacation 5.433
3600-3700
FIXED
FIXED-SATELLITE (space-ta-Earth)
MOBILE except aeranautical mobile
Radio location
Frm 00061
Fmt 4701
5.435
3700-4200
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE except aeronautical mobile
Sfmt 4700
E:\FR\FM\23APR2.SGM
23APR2
4200-4400
AERONAUTICAL MOBILE (R) 5.436
AERONAUTICAL RADIONAVIGATION 5.438
5.437 5.439 5.440
4400-4500
FIXED
MOBILE 5.440A
4500-4800
FIXED
FIXED-SATELLITE (space-to-Earth) 5.441
MOBILE 5.440A
4800-4990
FIXED
MOBILE 5.440A 5.441A 5.441 B 5.442
Radio astronomy
United States Table
Federal Table
Non-Federal Table
3500-3550
3500-3550
RADIOLOCATION G59
Radio location
AERONAUTICAL RADIONAVIGATION
(around-based) G110
3550-3600
3550-3650
FIXED
RADIOLOCATION G59
MOBILE except aeronautical mobile
AERONAUTICAL RADIONAVIGATION
(ground-based) G110
US105 US433
3600-3650
FIXED
FIXED-SATELLITE (space-to-Earth) US107
US245
MOBILE except aeronautical mobile
US105 US433
US105 US107 US245 US433
3650-3700
3650-3700
FIXED
FIXED-SATELLITE (space-to-Earth) NG169
NG185
MOBILE except aeronautical mobile
US109 US349
US109 US349
3700-4200
3700-4000
FIXED
MOBILE except aeronautical mobile
NG182 NG457A
4000-4200
FIXED
FIXED-SATELLITE (space-to-Earth) NG457A
NG182
4200-4400
AERONAUTICAL RADIONAVIGATION
5.440 US261
4400-4940
FIXED
MOBILE
US113 US245 US342
4940-4990
5.339 US342 US385 G122
4990-5000
RADIO ASTRONOMY US74
Space research (passive)
US246
PaQe41
FCC Rule Part(s)
Private Land Mobile (90)
Citizens Broadband (96)
Satellite
Communications (25)
Citizens Broadband (96)
Wireless
Communications (27)
Satellite
Communications (25)
Aviation (87)
4400-4500
4500-4800
FIXED-SATELLITE (space-to-Earth)
5.441 US245
4800-4940
US113 US342
4940-4990
FIXED
MOBILE except aeronautical mobile
5.339 US342 US385
Public Safety Land
Mobile (90Y)
22863
5.149 5.339 5.443
4990-5000
FIXED
MOBILE except aeronautical mobile
RADIO ASTRONOMY
Space research (passive)
5.149
ER23AP20.006
3500-5460 MHz (SHF)
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
20:23 Apr 22, 2020
BILLING CODE 6712–01–C
VerDate Sep<11>2014
Table of Frequency Allocations
22864
*
*
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
*
*
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 309, 310, 319, 332, 605, and 721, unless
otherwise noted.
*
Non-Federal Government (NG)
Footnotes
*
*
*
*
NG182 In the band 3700–4200 MHz, the
following provisions shall apply:
(a) Except as provided in paragraph (c)(1)
of this footnote, any currently authorized
space stations serving the contiguous United
States may continue to operate on a primary
basis, but no applications for new space
station authorizations or new petitions for
market access shall be accepted for filing
after June 21, 2018, other than applications
by existing operators in the band seeking to
make more efficient use of the band 4000–
4200 MHz. Applications for extension,
cancellation, replacement, or modification of
existing space station authorizations in the
band will continue to be accepted and
processed normally.
(b) In areas outside the contiguous United
States, the band 3700–4000 MHz is also
allocated to the fixed-satellite service (spaceto-Earth) on a primary basis.
(c) In the contiguous United States, i.e., the
contiguous 48 states and the District of
Columbia as defined by Partial Economic
Areas Nos. 1–41, 43–211, 213–263, 265–297,
299–359, and 361–411, which includes areas
within 12 nautical miles of the U.S. Gulf
coastline (see § 27.6(m) of this chapter), the
following provisions apply:
(1) Incumbent use of the fixed-satellite
service (space-to-Earth) in the band 3700–
4000 MHz is subject to the provisions of
§§ 25.138, 25.147, 25.203(n) and part 27,
subpart O, of this chapter;
(2) Fixed service licensees authorized as of
April 19, 2018, pursuant to part 101 of this
chapter, must self-relocate their point-topoint links out of the band 3700–4200 MHz
by December 5, 2023;
(3) In the band 3980–4000 MHz, no new
fixed or mobile operations will be permitted
until specified by Commission rule, order, or
notice.
*
*
*
*
*
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NG457A Earth stations on vessels (ESVs),
as regulated under 47 CFR part 25, are an
application of the fixed-satellite service and
the following provisions shall apply:
(a) In the band 3700–4200 MHz, ESVs may
be authorized to receive FSS signals from
geostationary satellites. ESVs in motion are
subject to the condition that these earth
stations may not claim protection from
transmissions of non-Federal stations in the
fixed and mobile except aeronautical mobile
services. While docked, ESVs receiving in the
band 4000–4200 MHz may be coordinated for
up to 180 days, renewable. NG182 applies to
incumbent licensees that provide service to
ESVs in the band 3700–4000 MHz.
(b) In the band 5925–6425 MHz, ESVs may
be authorized to transmit to geostationary
satellites on a primary basis.
*
*
*
*
*
PART 25—SATELLITE
COMMUNICATIONS
6. The authority citation for part 25
continues to read as follows:
■
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Jkt 250001
7. Amend § 25.103 by adding the
definition of ‘‘Contiguous United States
(CONUS)’’ in alphabetical order to read
as follows:
■
*
§ 25.103
Definitions.
*
*
*
*
*
Contiguous United States (CONUS).
For purposes of subparts B and C of this
part, the contiguous United States
consists of the contiguous 48 states and
the District of Columbia as defined by
Partial Economic Areas Nos. 1–41, 43–
211, 213–263, 265–297, 299–359, and
361–411, which includes areas within
12 nautical miles of the U.S. Gulf
coastline. In this context, the rest of the
United States includes the Honolulu,
Anchorage, Kodiak, Fairbanks, Juneau,
Puerto Rico, Guam-Northern Mariana
Islands, U.S. Virgin Islands, American
Samoa, and the Gulf of Mexico PEAs
(Nos. 42, 212, 264, 298, 360, 412–416).
See § 27.6(m) of this chapter.
*
*
*
*
*
■ 8. Amend § 25.109 by adding
paragraph (e) to read as follows:
§ 25.109
Cross-reference.
*
*
*
*
*
(e) Space and earth stations in the
3700–4200 MHz band may be subject to
transition rules in part 27 of this
chapter.
■ 9. Add § 25.138 to read as follows:
§ 25.138
band.
Earth Stations in the 3.7–4.2 GHz
(a) Applications for new, modified, or
renewed earth station licenses and
registrations in the 3.7–4.0 GHz portion
of the band in CONUS are no longer
accepted.
(b) Applications for new earth station
licenses or registrations within CONUS
in the 4.0–4.2 GHz portion of the band
will not be accepted until the transition
is completed and upon announcement
by the International Bureau via Public
Notice that applications may be filed.
(c) Fixed and temporary fixed earth
stations operating in the 3.7–4.0 GHz
portion of the band within CONUS will
be protected from interference by
licensees in the 3.7 GHz Service subject
to the deadlines set forth in § 27.1412 of
this chapter and are eligible for
transition into the 4.0–4.2 GHz band so
long as they:
(1) Were operational as of April 19,
2018 and continue to be operational;
(2) Were licensed or registered (or had
a pending application for license or
registration) in the IBFS database on
November 7, 2018; and
PO 00000
Frm 00062
Fmt 4701
Sfmt 4700
(3) Timely certified the accuracy of
the information on file with the
Commission by May 28, 2019.
(d) Fixed and temporary earth station
licenses and registrations that meet the
criteria in paragraph (c) of this section
may be renewed or modified to
maintain operations in the 4.0–4.2 GHz
band.
(e) Applications for new, modified, or
renewed licenses and registrations for
earth stations outside CONUS operating
in the 3.7–4.2 GHz band will continue
to be accepted.
■ 10. Add § 25.147 to read as follows:
§ 25.147
band.
Space Stations in the 3.7–4.2 GHz
The 3.7–4.0 GHz portion of the band
is being transitioned in CONUS from
FSS GSO (space-to-Earth) to the 3.7 GHz
Service.
(a) New applications for space station
licenses and petitions for market access
concerning space-to-Earth operations in
the 3.7–4.0 GHz portion of the band
within CONUS will no longer be
accepted.
(b) Applications for new or modified
space station licenses or petitions for
market access in the 4.0–4.2 GHz
portion of the band within CONUS will
not be accepted during the transition
except by existing operators in the band
to implement an efficient transition.
(c) Applications for new or modified
space station licenses or petitions for
market access for space-to-Earth
operations in the 3.7–4.2 GHz band
outside CONUS will continue to be
accepted.
■ 11. Amend § 25.203 by adding
paragraph (n) to read as follows:
§ 25.203
Choice of sites and frequencies.
*
*
*
*
*
(n) From December 5, 2021 until
December 5, 2030, consolidated
telemetry, tracking, and control (TT&C)
operations at no more than four
locations may be authorized on a
primary basis to support space station
operations, and no other TT&C
operations shall be entitled to
interference protection in the 3.7–4.0
GHz band.
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICES
12. The authority citation for part 27
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302a, 303,
307, 309, 332, 336, 337, 1403, 1404, 1451,
and 1452, unless otherwise noted.
13. Amend § 27.1 by adding paragraph
(b)(15) and revising paragraph (c) to
read as follows:
■
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
§ 27.1
Basis and purpose.
§ 27.4
*
*
*
*
*
(b) * * *
(15) 3700–3980 MHz.
(c) Scope. The rules in this part apply
only to stations authorized under this
part or authorized under another part of
this chapter on frequencies or bands
transitioning to authorizations under
this part.
■ 14. Amend § 27.4 by adding in
alphabetical order the definition for ‘‘3.7
GHz Service’’ to read as follows:
Terms and definitions.
3.7 GHz Service. A
radiocommunication service licensed
under this part for the frequency bands
specified in § 27.5(m) (3700–3980 MHz
band).
*
*
*
*
*
15. Amend § 27.5 by adding paragraph
(m) to read as follows:
■
§ 27.5
*
22865
(m) 3700–3980 MHz band. The 3.7
GHz Service is comprised of Block A
(3700–3800 MHz); Block B (3800–3900
MHz); and Block C (3900–3980 MHz).
These blocks are licensed as 14
individual 20 megahertz sub-blocks
available for assignment in the
contiguous United States on a Partial
Economic Area basis, see § 27.6(m), as
follows:
Frequencies.
*
*
*
*
Figure 1 to paragraph (m)
§ 27.6
Service areas.
*
*
*
*
(m) 3700–3980 MHz Band. Service
areas in the 3.7 GHz Service are based
on Partial Economic Areas (PEAs) as
defined by appendix A to this subpart
(see Wireless Telecommunications
Bureau Provides Details About Partial
Economic Areas, DA 14–759, Public
Notice, released June 2, 2014, for more
information). The 3.7 GHz Service will
be licensed in the contiguous United
States, i.e., the contiguous 48 states and
the District of Columbia as defined by
Partial Economic Areas Nos. 1–41, 43–
211, 213–263, 265–297, 299–359, and
361–411. The service areas of PEAs that
border the U.S. coastline of the Gulf of
Mexico extend 12 nautical miles from
the U.S. Gulf coastline. The 3.7 GHz
Service will not be licensed for the
following PEAs:
Appendix A to Subpart A of Part 27—
List of Partial Economic Areas With
Corresponding Counties
*
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TABLE 3 TO PARAGRAPH (m)
PEA No.
PEA name
42 ...........
212 .........
264 .........
298 .........
360 .........
412 .........
413 .........
414 .........
415 .........
Honolulu, HI.
Anchorage, AK.
Kodiak, AK.
Fairbanks, AK.
Juneau, AK.
Puerto Rico.
Guam-Northern Mariana Islands.
US Virgin Islands.
American Samoa.
17. Add appendix A to subpart A of
part 27 to read as follows:
■
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PEA
No.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
PO 00000
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Information
Processing
System No.
....
....
....
....
....
....
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....
....
....
....
....
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....
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....
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09001
09003
09005
09007
09009
09011
09013
09015
34003
34013
34017
34019
34021
34023
34025
34027
34029
34031
34035
34037
34039
34041
36005
36027
36047
36059
36061
36071
36079
36081
36085
36087
36103
36105
36111
36119
County name
Fairfield .............
Hartford ............
Litchfield ...........
Middlesex .........
New Haven .......
New London .....
Tolland ..............
Windham ..........
Bergen ..............
Essex ................
Hudson .............
Hunterdon .........
Mercer ..............
Middlesex .........
Monmouth ........
Morris ................
Ocean ...............
Passaic .............
Somerset ..........
Sussex ..............
Union ................
Warren ..............
Bronx ................
Dutchess ...........
Kings ................
Nassau .............
New York ..........
Orange .............
Putnam .............
Queens .............
Richmond .........
Rockland ...........
Suffolk ..............
Sullivan .............
Ulster ................
Westchester ......
Fmt 4701
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State
CT
CT
CT
CT
CT
CT
CT
CT
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
PEA
No.
1
1
1
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
4
4
4
4
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
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....
....
....
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....
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....
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....
....
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Information
Processing
System No.
42025
42069
42077
42079
42089
42095
06029
06037
06059
06065
06071
06079
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06111
17031
17043
17063
17089
17091
17093
17097
17111
17197
18091
18089
18127
06001
06013
06041
06053
06055
06075
06077
06081
06085
06087
06095
06097
06099
23APR2
County name
Carbon ..............
Lackawanna .....
Lehigh ...............
Luzerne ............
Monroe .............
Northampton .....
Kern ..................
Los Angeles ......
Orange .............
Riverside ...........
San Bernardino
San Luis Obispo
Santa Barbara ..
Ventura .............
Cook .................
DuPage ............
Grundy ..............
Kane .................
Kankakee .........
Kendall .............
Lake ..................
McHenry ...........
Will ....................
La Porte ............
Lake ..................
Porter ................
Alameda ...........
Contra Costa ....
Marin ................
Monterey ...........
Napa .................
San Francisco ..
San Joaquin .....
San Mateo ........
Santa Clara ......
Santa Cruz .......
Solano ..............
Sonoma ............
Stanislaus .........
State
PA
PA
PA
PA
PA
PA
CA
CA
CA
CA
CA
CA
CA
CA
IL
IL
IL
IL
IL
IL
IL
IL
IL
IN
IN
IN
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
ER23AP20.007
16. Amend § 27.6 by adding paragraph
(m) to read as follows:
■
lotter on DSKBCFDHB2PROD with RULES2
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
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51153
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10003
24015
34001
34005
34007
34009
34011
34015
34033
42011
42017
42029
42045
42071
42091
42101
25001
25005
25007
25009
25017
25019
25021
25023
25025
25027
44001
44003
44005
44007
44009
48085
48113
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48139
48181
48221
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VerDate Sep<11>2014
County name
District of Columbia.
Anne Arundel ...
Baltimore ..........
Baltimore City ...
Calvert ..............
Caroline ............
Carroll ...............
Charles .............
Dorchester ........
Harford .............
Howard .............
Kent ..................
Montgomery ......
Prince George’s
Queen Anne’s ..
St. Mary’s .........
Talbot ...............
Alexandria City
Arlington ...........
Fairfax ...............
Fairfax City .......
Falls Church
City.
Loudoun ...........
Manassas City ..
Manassas Park
City.
Prince William ...
Kent ..................
New Castle .......
Cecil .................
Atlantic ..............
Burlington .........
Camden ............
Cape May .........
Cumberland ......
Gloucester ........
Salem ...............
Berks ................
Bucks ................
Chester .............
Delaware ..........
Lancaster ..........
Montgomery ......
Philadelphia ......
Barnstable ........
Bristol ................
Dukes ...............
Essex ................
Middlesex .........
Nantucket .........
Norfolk ..............
Plymouth ...........
Suffolk ..............
Worcester .........
Bristol ................
Kent ..................
Newport ............
Providence .......
Washington ......
Collin ................
Dallas ................
Denton ..............
Ellis ...................
Grayson ............
Hood .................
Johnson ............
Kaufman ...........
Parker ...............
Rockwall ...........
20:23 Apr 22, 2020
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12111
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48071
48157
48167
48201
48291
48339
48473
13011
13013
13035
13057
13059
13063
13067
13085
13089
13097
13105
13113
13117
13119
13121
13133
13135
13137
13139
13147
13151
13157
13159
13187
13195
13211
13217
13219
13221
13223
13241
13247
13257
13265
13297
13311
26049
26087
26093
26099
26125
26155
26147
26161
26163
12009
12017
12035
12049
12055
12069
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
VA
VA
VA
VA
VA
VA
VA
VA
VA
DE
DE
MD
NJ
NJ
NJ
NJ
NJ
NJ
NJ
PA
PA
PA
PA
PA
PA
PA
MA
MA
MA
MA
MA
MA
MA
MA
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RI
RI
RI
RI
RI
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TX
TX
TX
TX
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Jkt 250001
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County name
Tarrant ..............
Wise .................
Broward ............
Glades ..............
Hendry ..............
Indian River ......
Martin ................
Miami-Dade ......
Monroe .............
Okeechobee .....
Palm Beach ......
St. Lucie ...........
Brazoria ............
Chambers .........
Fort Bend .........
Galveston .........
Harris ................
Liberty ...............
Montgomery ......
Waller ...............
Banks ...............
Barrow ..............
Butts .................
Cherokee ..........
Clarke ...............
Clayton .............
Cobb .................
Dawson ............
DeKalb ..............
Douglas ............
Elbert ................
Fayette .............
Forsyth .............
Franklin .............
Fulton ...............
Greene .............
Gwinnett ...........
Habersham .......
Hall ...................
Hart ...................
Henry ................
Jackson ............
Jasper ...............
Lumpkin ............
Madison ............
Morgan .............
Newton .............
Oconee .............
Oglethorpe ........
Paulding ...........
Rabun ...............
Rockdale ..........
Stephens ..........
Taliaferro ..........
Walton ..............
White ................
Genesee ...........
Lapeer ..............
Livingston .........
Macomb ............
Oakland ............
Shiawassee ......
St. Clair ............
Washtenaw .......
Wayne ..............
Brevard .............
Citrus ................
Flagler ..............
Hardee ..............
Highlands .........
Lake ..................
Fmt 4701
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GA
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GA
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GA
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12117
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39099
39103
39133
39151
39153
39155
42085
04013
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27003
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27025
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27141
27145
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41009
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41057
41067
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53011
53015
53069
08001
08005
08013
08014
08031
08035
08047
08059
12053
12057
12101
12103
23APR2
County name
Marion ..............
Orange .............
Osceola ............
Polk ..................
Seminole ..........
Sumter ..............
Volusia ..............
Ashtabula .........
Carroll ...............
Columbiana ......
Cuyahoga .........
Erie ...................
Geauga .............
Huron ................
Lake ..................
Lorain ...............
Mahoning ..........
Medina ..............
Portage .............
Stark .................
Summit .............
Trumbull ...........
Mercer ..............
Maricopa ...........
Clallam .............
Jefferson ...........
King ..................
Kitsap ...............
Pierce ...............
Snohomish .......
Anoka ...............
Benton ..............
Carver ...............
Chisago ............
Dakota ..............
Hennepin ..........
Ramsey ............
Scott .................
Sherburne .........
Stearns .............
Washington ......
Wright ...............
St. Croix ...........
San Diego ........
Benton ..............
Clackamas ........
Clatsop .............
Columbia ..........
Lincoln ..............
Linn ...................
Marion ..............
Multnomah ........
Polk ..................
Tillamook ..........
Washington ......
Yamhill ..............
Clark .................
Cowlitz ..............
Wahkiakum .......
Adams ..............
Arapahoe ..........
Boulder .............
Broomfield ........
Denver ..............
Douglas ............
Gilpin ................
Jefferson ...........
Hernando ..........
Hillsborough ......
Pasco ...............
Pinellas .............
State
FL
FL
FL
FL
FL
FL
FL
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
PA
AZ
WA
WA
WA
WA
WA
WA
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MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
WI
CA
OR
OR
OR
OR
OR
OR
OR
OR
OR
OR
OR
OR
WA
WA
WA
CO
CO
CO
CO
CO
CO
CO
CO
FL
FL
FL
FL
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06057
06061
06067
06101
06113
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42003
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42019
42063
42073
42125
42129
17005
17027
17121
17133
17163
29071
29099
29183
29189
29510
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21023
21037
21077
21081
21117
21135
21161
21191
39001
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39017
39025
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39165
04015
32003
49011
49035
49045
49049
49057
48013
48029
48091
48187
12001
12003
12007
12019
12023
12029
12031
12041
12047
12067
12075
12089
12107
12109
County name
Amador .............
Butte .................
Colusa ..............
El Dorado .........
Glenn ................
Nevada .............
Placer ...............
Sacramento ......
Sutter ................
Yolo ..................
Yuba .................
Allegheny ..........
Armstrong .........
Beaver ..............
Butler ................
Indiana ..............
Lawrence ..........
Washington ......
Westmoreland ..
Bond .................
Clinton ..............
Marion ..............
Monroe .............
St. Clair ............
Franklin .............
Jefferson ...........
St. Charles .......
St. Louis ...........
St. Louis City ....
Boone ...............
Bracken ............
Campbell ..........
Gallatin .............
Grant ................
Kenton ..............
Lewis ................
Mason ...............
Pendleton .........
Adams ..............
Brown ...............
Butler ................
Clermont ...........
Clinton ..............
Hamilton ...........
Highland ...........
Warren ..............
Mohave .............
Clark .................
Davis ................
Salt Lake ..........
Tooele ..............
Utah ..................
Weber ...............
Atascosa ...........
Bexar ................
Comal ...............
Guadalupe ........
Alachua ............
Baker ................
Bradford ............
Clay ..................
Columbia ..........
Dixie .................
Duval ................
Gilchrist ............
Hamilton ...........
Lafayette ...........
Levy ..................
Nassau .............
Putnam .............
St. Johns ..........
20:23 Apr 22, 2020
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System No.
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CA
CA
CA
CA
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IL
IL
IL
MO
MO
MO
MO
MO
KY
KY
KY
KY
KY
KY
KY
KY
KY
OH
OH
OH
OH
OH
OH
OH
OH
AZ
NV
UT
UT
UT
UT
UT
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TX
TX
FL
FL
FL
FL
FL
FL
FL
FL
FL
FL
FL
FL
FL
FL
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12121
12125
20091
20209
29037
29047
29095
29165
29177
18011
18035
18057
18063
18081
18095
18097
21047
47021
47037
47043
47125
47147
47149
47165
47187
47189
37053
51550
33
33
33
33
33
33
33
..
..
..
..
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..
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51620
51073
51650
51093
51095
51115
51700
33
33
33
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33
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..
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51710
51735
51740
51175
51800
51181
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51830
33
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51199
06019
06031
06039
06107
48209
48331
48453
48491
22051
22057
36 ..
36 ..
22071
22075
36 ..
22087
36 ..
22089
36 ..
22093
36 ..
22095
36 ..
22103
Jkt 250001
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County name
Suwannee ........
Union ................
Johnson ............
Wyandotte ........
Cass .................
Clay ..................
Jackson ............
Platte ................
Ray ...................
Boone ...............
Delaware ..........
Hamilton ...........
Hendricks ..........
Johnson ............
Madison ............
Marion ..............
Christian ...........
Cheatham .........
Davidson ..........
Dickson .............
Montgomery ......
Robertson .........
Rutherford ........
Sumner .............
Williamson ........
Wilson ...............
Currituck ...........
Chesapeake
City.
Franklin City .....
Gloucester ........
Hampton City ....
Isle of Wight .....
James City ........
Mathews ...........
Newport News
City.
Norfolk City .......
Poquoson City ..
Portsmouth City
Southampton ....
Suffolk City .......
Surry .................
Virginia Beach
City.
Williamsburg
City.
York ..................
Fresno ..............
Kings ................
Madera .............
Tulare ...............
Hays .................
Milam ................
Travis ................
Williamson ........
Jefferson Parish
Lafourche Parish.
Orleans Parish ..
Plaquemines
Parish.
St. Bernard Parish.
St. Charles Parish.
St. James Parish.
St. John the
Baptist Parish.
St. Tammany
Parish.
Fmt 4701
Sfmt 4700
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No.
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FL
KS
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MO
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MO
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IN
IN
IN
IN
IN
IN
IN
KY
TN
TN
TN
TN
TN
TN
TN
TN
TN
NC
VA
36 ..
22105
36 ..
22109
36 ..
22117
36
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39041
39045
39049
39097
39129
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55089
55131
55133
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40027
40031
40051
40081
40083
40087
40109
40125
01015
01073
01117
01115
01121
01125
01127
36011
36017
36023
36025
36043
36053
36065
36067
36075
36077
36097
36109
15001
15003
15005
15007
15009
37071
37119
37179
36037
36051
36055
36069
36073
36099
36101
36117
36121
36123
37063
37135
37183
05005
05009
05015
05023
05029
05045
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
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23APR2
22867
County name
Tangipahoa Parish.
Terrebonne Parish.
Washington Parish.
Pearl River ........
Delaware ..........
Fairfield .............
Franklin .............
Madison ............
Pickaway ..........
Milwaukee ........
Ozaukee ...........
Washington ......
Waukesha ........
Canadian ..........
Cleveland .........
Comanche ........
Grady ................
Lincoln ..............
Logan ...............
McClain ............
Oklahoma .........
Pottawatomie ....
Calhoun ............
Jefferson ...........
Shelby ..............
St. Clair ............
Talladega ..........
Tuscaloosa .......
Walker ..............
Cayuga .............
Chenango .........
Cortland ............
Delaware ..........
Herkimer ...........
Madison ............
Oneida ..............
Onondaga .........
Oswego ............
Otsego ..............
Schuyler ...........
Tompkins ..........
Hawaii ...............
Honolulu ...........
Kalawao ............
Kauai ................
Maui ..................
Gaston ..............
Mecklenburg .....
Union ................
Genesee ...........
Livingston .........
Monroe .............
Ontario ..............
Orleans .............
Seneca .............
Steuben ............
Wayne ..............
Wyoming ...........
Yates ................
Durham .............
Orange .............
Wake ................
Baxter ...............
Boone ...............
Carroll ...............
Cleburne ...........
Conway ............
Faulkner ...........
State
LA
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OH
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WI
WI
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OK
OK
OK
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County name
Fulton ...............
Independence ...
Izard .................
Jackson ............
Jefferson ...........
Johnson ............
Lonoke ..............
Marion ..............
Newton .............
Perry .................
Pope .................
Prairie ...............
Pulaski ..............
Saline ...............
Searcy ..............
Sharp ................
Stone ................
Van Buren ........
White ................
Woodruff ...........
Yell ...................
Cameron ...........
Hidalgo .............
Starr ..................
Willacy ..............
Adams ..............
Cumberland ......
Dauphin ............
Juniata ..............
Lebanon ...........
Perry .................
York ..................
Albany ..............
Columbia ..........
Fulton ...............
Greene .............
Hamilton ...........
Montgomery ......
Rensselaer .......
Saratoga ...........
Schenectady .....
Schoharie .........
Warren ..............
Washington ......
Polk ..................
Anderson ..........
Cherokee ..........
Greenville .........
Oconee .............
Pickens .............
Spartanburg ......
Union ................
Clark .................
Floyd .................
Jefferson ...........
Scott .................
Bullitt .................
Carroll ...............
Henry ................
Jefferson ...........
Oldham .............
Shelby ..............
Trimble .............
Boyd .................
Carter ...............
Elliott .................
Greenup ...........
Gallia ................
Lawrence ..........
Meigs ................
Washington ......
20:23 Apr 22, 2020
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County name
Boone ...............
Braxton .............
Cabell ...............
Calhoun ............
Clay ..................
Fayette .............
Gilmer ...............
Jackson ............
Kanawha ..........
Lincoln ..............
Logan ...............
Mason ...............
Nicholas ............
Pleasants ..........
Putnam .............
Raleigh .............
Ritchie ..............
Roane ...............
Summers ..........
Wayne ..............
Webster ............
Wirt ...................
Wood ................
Wyoming ...........
Cochise ............
Pima .................
Santa Cruz .......
Erie ...................
Niagara .............
Colbert ..............
DeKalb ..............
Etowah .............
Franklin .............
Jackson ............
Lauderdale .......
Lawrence ..........
Limestone .........
Madison ............
Marshall ............
Morgan .............
Lincoln ..............
Allegan .............
Barry .................
Branch ..............
Calhoun ............
Ionia ..................
Kalamazoo .......
Mecosta ............
Montcalm ..........
Muskegon .........
Newaygo ..........
Oceana .............
Van Buren ........
Charles City ......
Chesterfield ......
Essex ................
Goochland ........
Hanover ............
Henrico .............
King and Queen
King William ......
Lancaster ..........
Middlesex .........
New Kent ..........
Northumberland
Powhatan .........
Richmond .........
Richmond City ..
Clark .................
Benton ..............
Carroll ...............
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County name
Cass .................
Clay ..................
Clinton ..............
Fountain ...........
Greene .............
Howard .............
Lawrence ..........
Miami ................
Monroe .............
Montgomery ......
Morgan .............
Orange .............
Owen ................
Parke ................
Putnam .............
Sullivan .............
Tippecanoe .......
Tipton ...............
Vermillion ..........
Vigo ..................
Warren ..............
White ................
Crittenden .........
Shelby ..............
Tipton ...............
Belknap ............
Hillsborough ......
Merrimack .........
Rockingham ......
Strafford ............
Defiance ...........
Fulton ...............
Hancock ...........
Hardin ...............
Henry ................
Lucas ................
Ottawa ..............
Paulding ...........
Sandusky ..........
Seneca .............
Williams ............
Wood ................
Wyandot ...........
Champaign .......
Clark .................
Greene .............
Miami ................
Montgomery ......
Preble ...............
Cherokee ..........
Creek ................
Mayes ...............
Osage ...............
Rogers ..............
Tulsa .................
Wagoner ...........
Elkhart ..............
Fulton ...............
Kosciusko .........
Lagrange ..........
Marshall ............
Pulaski ..............
St. Joseph ........
Starke ...............
Berrien ..............
Cass .................
St. Joseph ........
Collier ...............
Lee ...................
Clinton ..............
Eaton ................
State
IN
IN
IN
IN
IN
IN
IN
IN
IN
IN
IN
IN
IN
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IN
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Hillsdale ............
Ingham .............
Jackson ............
Lenawee ...........
Monroe .............
Charlotte ...........
DeSoto .............
Manatee ...........
Sarasota ...........
Kent ..................
Ottawa ..............
Berkshire ..........
Franklin .............
Hampden ..........
Hampshire ........
Bennington .......
Del Norte ..........
Coos .................
Curry .................
Douglas ............
Jackson ............
Josephine .........
Lane .................
Anderson ..........
Blount ...............
Campbell ..........
Knox .................
Loudon .............
Morgan .............
Roane ...............
Scott .................
Union ................
Bay ...................
Calhoun ............
Franklin .............
Gadsden ...........
Gulf ...................
Jackson ............
Jefferson ...........
Leon .................
Liberty ...............
Madison ............
Taylor ...............
Wakulla .............
Decatur .............
Early .................
Grady ................
Miller .................
Seminole ..........
Thomas ............
El Paso .............
Catoosa ............
Dade .................
Walker ..............
Bledsoe ............
Bradley .............
Hamilton ...........
Marion ..............
McMinn .............
Meigs ................
Monroe .............
Polk ..................
Rhea .................
Sequatchie .......
Bernalillo ...........
Sandoval ..........
Alpine ...............
Inyo ...................
Lassen ..............
Mono ................
Plumas .............
20:23 Apr 22, 2020
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Sierra ................
Carson City ......
Churchill ...........
Douglas ............
Elko ..................
Eureka ..............
Humboldt ..........
Lander ..............
Lyon ..................
Pershing ...........
Storey ...............
Washoe ............
White Pine ........
Androscoggin ...
Cumberland ......
Franklin .............
Knox .................
Lincoln ..............
Oxford ...............
Sagadahoc .......
York ..................
Alamance .........
Guilford .............
Randolph ..........
Adams ..............
Amite ................
Claiborne ..........
Clarke ...............
Copiah ..............
Covington .........
Forrest ..............
Franklin .............
Greene .............
Jasper ...............
Jefferson ...........
Jefferson Davis
Jones ................
Kemper .............
Lamar ...............
Lauderdale .......
Lawrence ..........
Leake ................
Lincoln ..............
Marion ..............
Neshoba ...........
Newton .............
Perry .................
Pike ..................
Scott .................
Simpson ...........
Smith ................
Walthall .............
Wayne ..............
Pottawattamie ...
Douglas ............
Sarpy ................
Alcona ..............
Arenac ..............
Bay ...................
Clare .................
Gladwin ............
Gratiot ...............
Huron ................
Iosco .................
Isabella .............
Midland .............
Ogemaw ...........
Saginaw ............
Sanilac ..............
Tuscola .............
Ascension Parish.
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22869
County name
Assumption Parish.
East Baton
Rouge Parish.
Iberville Parish ..
Livingston Parish.
West Baton
Rouge Parish.
Adams ..............
Allen .................
Blackford ..........
De Kalb ............
Grant ................
Huntington ........
Jay ....................
Noble ................
Steuben ............
Wabash ............
Wells .................
Whitley ..............
Baldwin .............
Clarke ...............
Conecuh ...........
Escambia ..........
Mobile ...............
Monroe .............
Washington ......
Wilcox ...............
Berkeley ...........
Charleston ........
Colleton ............
Dorchester ........
Anderson ..........
Bath ..................
Bourbon ............
Clark .................
Fayette .............
Fleming .............
Franklin .............
Harrison ............
Jessamine ........
Menifee .............
Mercer ..............
Montgomery ......
Nicholas ............
Owen ................
Robertson .........
Rowan ..............
Scott .................
Woodford ..........
Escambia ..........
Okaloosa ..........
Santa Rosa ......
Walton ..............
Allegany ............
Frederick ...........
Garrett ..............
Washington ......
Franklin .............
Fulton ...............
Mineral ..............
Lexington ..........
Richland ...........
Catahoula Parish.
Concordia Parish.
Madison Parish
Tensas Parish ..
Attala ................
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KY
KY
KY
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County name
Hinds ................
Holmes .............
Madison ............
Rankin ..............
Warren ..............
Yazoo ...............
El Paso .............
Teller ................
Champaign .......
Clay ..................
Coles ................
Cumberland ......
Douglas ............
Edgar ................
Effingham .........
Fayette .............
Ford ..................
Jasper ...............
Macon ...............
Moultrie .............
Piatt ..................
Shelby ..............
Vermilion ...........
Acadia Parish ...
Evangeline Parish.
Iberia Parish .....
Lafayette Parish
St. Landry Parish.
St. Martin Parish
St. Mary Parish
Vermilion Parish
Bell ...................
Coryell ..............
Falls ..................
McLennan .........
Breathitt ............
Estill ..................
Floyd .................
Jackson ............
Johnson ............
Knott .................
Lawrence ..........
Lee ...................
Letcher .............
Magoffin ............
Martin ...............
Morgan .............
Owsley ..............
Perry .................
Pike ..................
Powell ...............
Wolfe ................
Bland ................
Buchanan .........
Dickenson .........
Lee ...................
Norton City .......
Russell ..............
Tazewell ...........
Wise .................
McDowell ..........
Mercer ..............
Mingo ................
Adair .................
Bell ...................
Boyle ................
Casey ...............
Clay ..................
Clinton ..............
20:23 Apr 22, 2020
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Garrard .............
Green ...............
Harlan ...............
Knox .................
Laurel ...............
Leslie ................
Lincoln ..............
Madison ............
McCreary ..........
Pulaski ..............
Rockcastle ........
Russell ..............
Taylor ...............
Wayne ..............
Whitley ..............
Claiborne ..........
Osceola ............
Blue Earth ........
Brown ...............
Chippewa .........
Cottonwood ......
Faribault ...........
Freeborn ...........
Jackson ............
Kandiyohi ..........
Lac qui Parle ....
Le Sueur ...........
Lincoln ..............
Lyon ..................
Martin ...............
McLeod .............
Meeker .............
Murray ..............
Nicollet ..............
Nobles ..............
Redwood ..........
Renville .............
Rice ..................
Sibley ................
Steele ...............
Waseca ............
Watonwan ........
Yellow Medicine
Carter ...............
Greene .............
Hawkins ............
Sullivan .............
Unicoi ...............
Washington ......
Bristol City ........
Scott .................
Smyth ...............
Washington ......
Alcorn ...............
Calhoun ............
Chickasaw ........
Choctaw ...........
Clay ..................
Grenada ...........
Itawamba ..........
Lee ...................
Lowndes ...........
Monroe .............
Montgomery ......
Noxubee ...........
Oktibbeha .........
Pontotoc ...........
Prentiss ............
Tippah ..............
Tishomingo .......
Union ................
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County name
Webster ............
Winston ............
Hardin ...............
McNairy ............
Beaufort ............
Carteret ............
Craven ..............
Dare ..................
Greene .............
Hyde .................
Jones ................
Lenoir ................
Martin ................
Pamlico .............
Pitt ....................
Tyrrell ................
Washington ......
Butler ................
Sedgwick ..........
Chaffee .............
Clear Creek ......
Custer ...............
Delta .................
Eagle ................
Fremont ............
Garfield .............
Grand ................
Gunnison ..........
Hinsdale ...........
Jackson ............
Lake ..................
Mesa .................
Moffat ................
Montrose ...........
Ouray ................
Park ..................
Pitkin .................
Rio Blanco ........
Routt .................
San Miguel .......
Summit .............
Clarke ...............
Fauquier ...........
Frederick ...........
Page .................
Rappahannock
Shenandoah .....
Warren ..............
Winchester City
Berkeley ...........
Grant ................
Hampshire ........
Hardy ................
Jefferson ...........
Morgan .............
Randolph ..........
Tucker ...............
Larimer .............
Weld .................
Columbia ..........
Lincoln ..............
McDuffie ...........
Richmond .........
Wilkes ...............
Aiken ................
Edgefield ...........
Athens ..............
Fayette .............
Guernsey ..........
Hocking ............
Jackson ............
State
MS
MS
TN
TN
NC
NC
NC
NC
NC
NC
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NC
NC
NC
NC
KS
KS
CO
CO
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CO
CO
CO
CO
CO
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CO
CO
CO
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
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County name
Morgan .............
Muskingum .......
Noble ................
Perry .................
Pike ..................
Ross .................
Scioto ................
Vinton ...............
Aroostook .........
Hancock ...........
Kennebec .........
Penobscot ........
Piscataquis .......
Somerset ..........
Waldo ...............
Washington ......
Dallas ................
Polk ..................
Warren ..............
Edgecombe ......
Franklin .............
Granville ...........
Halifax ...............
Nash .................
Northampton .....
Person ..............
Vance ...............
Warren ..............
Wilson ...............
Fulton ................
Hickman ............
Benton ..............
Carroll ...............
Chester .............
Crockett ............
Decatur .............
Dyer ..................
Fayette .............
Gibson ..............
Hardeman .........
Haywood ...........
Henderson ........
Henry ................
Lake ..................
Lauderdale .......
Madison ............
Obion ................
Weakley ............
Benton ..............
Madison ............
Washington ......
McDonald .........
Adair .................
Delaware ..........
Allen .................
Barren ...............
Butler ................
Cumberland ......
Edmonson ........
Hart ...................
Logan ...............
Metcalfe ............
Monroe .............
Simpson ...........
Todd .................
Warren ..............
Clay ..................
Cumberland ......
Fentress ...........
Jackson ............
Macon ...............
20:23 Apr 22, 2020
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Overton .............
Pickett ...............
Putnam .............
Trousdale ..........
Clarion ..............
Crawford ...........
Erie ...................
Forest ...............
Venango ...........
Warren ..............
Fayette .............
Greene .............
Barbour .............
Doddridge .........
Harrison ............
Lewis ................
Marion ...............
Monongalia .......
Preston .............
Taylor ................
Upshur ..............
Buncombe ........
Haywood ...........
Henderson ........
Jackson ............
Madison ............
Swain ................
Transylvania .....
Boone ...............
Winnebago .......
Rock .................
Carroll ...............
Coweta .............
Haralson ...........
Heard ................
Lamar ...............
Meriwether ........
Pike ..................
Spalding ...........
Talbot ................
Troup ................
Upson ...............
Bartholomew .....
Brown ...............
Decatur .............
Fayette .............
Hancock ...........
Henry ................
Jackson ............
Jennings ...........
Randolph ..........
Rush .................
Shelby ..............
Union ................
Wayne ..............
Benton ..............
Franklin .............
Yakima ..............
Columbia ..........
Lafayette ...........
Bienville Parish
Bossier Parish ..
Caddo Parish ....
Claiborne Parish
Webster Parish
Winn Parish ......
Bedford .............
Blair ..................
Cambria ............
Huntingdon .......
Mifflin ................
Fmt 4701
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29163
29219
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18147
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13009
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17149
17167
17169
17171
53063
37037
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37101
37105
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48007
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48355
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22871
County name
Somerset ..........
Dane .................
Ashland ............
Crawford ...........
Harrison ............
Holmes .............
Richland ...........
Tuscarawas ......
Wayne ..............
Grays Harbor ....
Lewis ................
Mason ...............
Pacific ...............
Thurston ...........
Calhoun ............
Jersey ...............
Macoupin ..........
Madison ............
Gasconade .......
Lincoln ..............
Montgomery ......
Pike ..................
Warren ..............
Gila ...................
Graham ............
Greenlee ...........
Pinal .................
Daviess .............
Dubois ..............
Gibson ..............
Knox .................
Martin ................
Perry .................
Pike ..................
Posey ................
Spencer ............
Vanderburgh .....
Warrick .............
Baldwin .............
Bibb ..................
Bleckley ............
Dodge ...............
Houston ............
Jones ................
Peach ...............
Pulaski ..............
Twiggs ..............
Wilcox ...............
Wilkinson ..........
Adams ..............
Brown ...............
Cass .................
Christian ...........
Greene .............
Logan ...............
Menard .............
Montgomery ......
Morgan .............
Pike ..................
Sangamon ........
Schuyler ...........
Scott .................
Spokane ...........
Chatham ...........
Harnett ..............
Johnston ...........
Lee ...................
Sampson ..........
Aransas ............
Bee ...................
Nueces .............
State
PA
WI
OH
OH
OH
OH
OH
OH
OH
WA
WA
WA
WA
WA
IL
IL
IL
IL
MO
MO
MO
MO
MO
AZ
AZ
AZ
AZ
IN
IN
IN
IN
IN
IN
IN
IN
IN
IN
IN
GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
WA
NC
NC
NC
NC
NC
TX
TX
TX
22872
lotter on DSKBCFDHB2PROD with RULES2
PEA
No.
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
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50021
50023
05001
05003
05011
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05017
05019
05025
05039
05041
05043
05051
County name
Refugio .............
San Patricio ......
Angelina ...........
Freestone .........
Houston ............
Leon .................
Limestone .........
Madison ............
Nacogdoches ....
Polk ..................
Robertson .........
Sabine ..............
San Augustine ..
San Jacinto ......
Shelby ..............
Trinity ................
Walker ..............
Coshocton ........
Knox .................
Licking ..............
Logan ...............
Marion ...............
Morrow ..............
Union ................
Hardin ...............
Jasper ...............
Jefferson ...........
Newton .............
Orange .............
Tyler .................
Clinton ..............
Columbia ..........
Lycoming ..........
Montour ............
Northumberland
Snyder ..............
Sullivan .............
Union ................
Wyoming ...........
Goodhue ...........
Barron ...............
Burnett ..............
Chippewa ..........
Dunn .................
Eau Claire .........
Pepin ................
Pierce ...............
Polk ..................
Rusk .................
Sawyer ..............
Washburn .........
Addison ............
Caledonia .........
Chittenden ........
Franklin .............
Grand Isle .........
Lamoille ............
Orleans .............
Rutland .............
Washington ......
Arkansas ...........
Ashley ...............
Bradley .............
Calhoun ............
Chicot ...............
Clark .................
Cleveland ..........
Dallas ................
Desha ...............
Drew .................
Garland .............
20:23 Apr 22, 2020
Federal
Information
Processing
System No.
State
PEA
No.
TX
TX
TX
TX
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TX
TX
TX
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TX
TX
TX
TX
OH
OH
OH
OH
OH
OH
OH
TX
TX
TX
TX
TX
TX
PA
PA
PA
PA
PA
PA
PA
PA
PA
MN
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
VT
VT
VT
VT
VT
VT
VT
VT
VT
AR
AR
AR
AR
AR
AR
AR
AR
AR
AR
AR
139
139
139
139
139
139
139
139
139
139
139
140
140
140
05053
05057
05059
05061
05079
05095
05097
05099
05103
05109
05139
51033
51047
51630
140
140
140
140
140
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141
141
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51099
51113
51137
51177
51179
51193
27001
27007
27021
27029
27035
27041
27051
27057
27059
27065
27095
27097
27115
27121
27149
27151
27153
27159
06009
06043
06047
06069
06109
33003
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50025
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48063
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County name
Grant ................
Hempstead .......
Hot Spring ........
Howard .............
Lincoln ..............
Monroe .............
Montgomery ......
Nevada .............
Ouachita ...........
Pike ..................
Union ................
Caroline ............
Culpeper ...........
Fredericksburg
City.
King George .....
Madison ............
Orange .............
Spotsylvania .....
Stafford .............
Westmoreland ..
Aitkin .................
Beltrami ............
Cass .................
Clearwater ........
Crow Wing ........
Douglas ............
Grant ................
Hubbard ............
Isanti .................
Kanabec ...........
Mille Lacs .........
Morrison ............
Pine ..................
Pope .................
Stevens ............
Swift ..................
Todd .................
Wadena ............
Calaveras .........
Mariposa ...........
Merced ..............
San Benito ........
Tuolumne ..........
Carroll ...............
Cheshire ...........
Coos .................
Grafton .............
Sullivan .............
Essex ................
Orange .............
Windham ..........
Windsor ............
Camp ................
Delta .................
Fannin ..............
Franklin .............
Hopkins ............
Hunt ..................
Lamar ...............
Rains ................
Red River .........
Titus ..................
Upshur ..............
Van Zandt .........
Wood ................
Bedford .............
Cannon .............
Coffee ...............
DeKalb ..............
Franklin .............
Fmt 4701
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149
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150
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153
153
153
153
154
154
154
154
155
155
155
156
157
157
157
158
158
158
158
158
158
VA
VA
VA
VA
VA
VA
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
MN
CA
CA
CA
CA
CA
NH
NH
NH
NH
NH
VT
VT
VT
VT
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
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Federal
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Processing
System No.
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23APR2
County name
Giles .................
Grundy ..............
Marshall ............
Maury ................
Moore ...............
Smith ................
Van Buren ........
Warren ..............
White ................
Brunswick .........
Columbus .........
New Hanover ....
Pender ..............
Sussex ..............
Somerset ..........
Wicomico ..........
Worcester .........
Accomack .........
Northampton .....
Island ................
San Juan ..........
Skagit ................
Whatcom ..........
George .............
Hancock ...........
Harrison ............
Jackson ............
Stone ................
Camden ............
Dallas ................
Dent ..................
Hickory ..............
Laclede .............
Maries ...............
Miller .................
Morgan .............
Oregon .............
Phelps ..............
Polk ..................
Pulaski ..............
Shannon ...........
Texas ................
Webster ............
Wright ...............
Forsyth ..............
Stokes ..............
Gregg ................
Harrison ............
Smith ................
Dodge ...............
Fond du Lac .....
Green Lake ......
Jefferson ...........
Walworth ...........
Dillon ................
Georgetown ......
Horry .................
Marion ...............
Calumet ............
Outagamie ........
Winnebago .......
Ada ...................
La Paz ..............
Yuma ................
Imperial .............
Flathead ...........
Granite ..............
Lake ..................
Lewis and Clark
Lincoln ..............
Mineral ..............
State
TN
TN
TN
TN
TN
TN
TN
TN
TN
NC
NC
NC
NC
DE
MD
MD
MD
VA
VA
WA
WA
WA
WA
MS
MS
MS
MS
MS
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
NC
NC
TX
TX
TX
WI
WI
WI
WI
WI
SC
SC
SC
SC
WI
WI
WI
ID
AZ
AZ
CA
MT
MT
MT
MT
MT
MT
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
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PEA
No.
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13277
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48015
48051
48057
48089
48123
48149
48175
48239
48285
48321
48469
48477
48481
17003
17055
17059
17065
17069
17077
17081
17087
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17151
17153
17157
17165
17181
17189
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18025
18061
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21093
21123
21155
21163
21179
21215
21229
19163
17073
17161
01001
01051
01101
01017
01019
County name
Missoula ...........
Powell ...............
Ravalli ...............
Sanders ............
Baker ................
Ben Hill .............
Berrien ..............
Brooks ..............
Calhoun ............
Clay ..................
Colquitt .............
Cook .................
Echols ...............
Irwin ..................
Lanier ................
Lowndes ...........
Mitchell .............
Randolph ..........
Terrell ...............
Tift .....................
Turner ...............
Worth ................
Austin ................
Burleson ...........
Calhoun ............
Colorado ...........
DeWitt ...............
Fayette .............
Goliad ...............
Jackson ............
Lavaca ..............
Matagorda ........
Victoria ..............
Washington ......
Wharton ............
Alexander .........
Franklin .............
Gallatin .............
Hamilton ...........
Hardin ...............
Jackson ............
Jefferson ...........
Johnson ............
Perry .................
Pope .................
Pulaski ..............
Randolph ..........
Saline ................
Union ................
Washington ......
Williamson ........
Crawford ...........
Harrison ............
Washington ......
Breckinridge ......
Grayson ............
Hardin ...............
Larue ................
Marion ...............
Meade ..............
Nelson ..............
Spencer ............
Washington ......
Scott .................
Henry ................
Rock Island .......
Autauga ............
Elmore ..............
Montgomery ......
Chambers .........
Cherokee ..........
20:23 Apr 22, 2020
Federal
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Processing
System No.
State
PEA
No.
MT
MT
MT
MT
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GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
GA
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IN
IN
IN
KY
KY
KY
KY
KY
KY
KY
KY
KY
IA
IL
IL
AL
AL
AL
AL
AL
165
165
165
165
165
165
166
166
166
166
166
167
167
167
167
167
167
01029
01111
13015
13055
13115
13233
06049
06089
06093
06103
41035
51005
51015
51017
51530
51580
51660
167
167
167
167
167
167
51091
51678
51163
51165
51790
51820
167
167
167
168
168
168
169
169
169
170
170
170
170
170
170
170
170
170
170
171
171
171
171
171
171
171
171
171
172
172
172
172
172
172
172
173
173
173
173
173
173
173
173
173
173
174
54025
54071
54075
17143
17179
17203
37061
37133
37191
01005
01031
01039
01045
01061
01067
01069
12059
12133
13239
05033
05047
05083
05127
05131
40061
40077
40079
40135
27017
27031
27061
27071
27075
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51019
51515
51035
51063
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51750
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County name
Cleburne ...........
Randolph ..........
Bartow ..............
Chattooga .........
Floyd .................
Polk ..................
Modoc ...............
Shasta ..............
Siskiyou ............
Tehama ............
Klamath ............
Alleghany ..........
Augusta ............
Bath ..................
Buena Vista City
Covington City ..
Harrisonburg
City.
Highland ...........
Lexington City ...
Rockbridge .......
Rockingham ......
Staunton City ....
Waynesboro
City.
Greenbrier ........
Pendleton .........
Pocahontas ......
Peoria ...............
Tazewell ...........
Woodford ..........
Duplin ...............
Onslow ..............
Wayne ..............
Barbour .............
Coffee ...............
Covington .........
Dale ..................
Geneva .............
Henry ................
Houston ............
Holmes .............
Washington ......
Quitman ............
Crawford ...........
Franklin .............
Logan ...............
Scott .................
Sebastian .........
Haskell ..............
Latimer ..............
Le Flore ............
Sequoyah .........
Carlton ..............
Cook .................
Itasca ................
Koochiching ......
Lake ..................
St. Louis ...........
Douglas ............
Bedford .............
Bedford City ......
Carroll ...............
Floyd .................
Franklin .............
Giles .................
Montgomery ......
Pulaski ..............
Radford City .....
Monroe .............
Christian ...........
Fmt 4701
Sfmt 4700
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CA
OR
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VA
174
175
175
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175
175
175
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175
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176
176
176
176
176
176
176
176
176
176
176
176
176
176
176
177
177
177
178
178
178
178
178
178
178
178
178
178
178
178
178
178
178
179
179
179
179
179
179
179
179
179
179
179
179
179
179
179
179
179
179
180
180
181
181
181
181
181
181
181
181
VA
VA
VA
VA
VA
VA
WV
WV
WV
IL
IL
IL
NC
NC
NC
AL
AL
AL
AL
AL
AL
AL
FL
FL
GA
AR
AR
AR
AR
AR
OK
OK
OK
OK
MN
MN
MN
MN
MN
MN
WI
VA
VA
VA
VA
VA
VA
VA
VA
VA
WV
MO
E:\FR\FM\23APR2.SGM
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28009
28033
28071
28093
28107
28119
28137
28143
28161
19015
19025
19027
19047
19073
19075
19079
19083
19091
19127
19161
19169
19171
19187
19197
13029
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13103
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20059
20107
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29195
29185
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19111
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04025
05081
05091
05113
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40023
40089
40127
23APR2
22873
County name
Greene .............
Benton ..............
DeSoto .............
Lafayette ...........
Marshall ............
Panola ..............
Quitman ............
Tate ..................
Tunica ...............
Yalobusha ........
Boone ...............
Calhoun ............
Carroll ...............
Crawford ...........
Greene .............
Grundy ..............
Hamilton ...........
Hardin ...............
Humboldt ..........
Marshall ............
Sac ...................
Story .................
Tama ................
Webster ............
Wright ...............
Bryan ................
Chatham ...........
Effingham .........
Anderson ..........
Bourbon ............
Franklin .............
Linn ...................
Miami ................
Bates ................
Benton ..............
Cedar ................
Henry ................
Johnson ............
Lafayette ...........
Pettis ................
Saline ................
St. Clair .............
Vernon ..............
Appanoose .......
Davis ................
Des Moines ......
Henry ................
Jasper ...............
Jefferson ...........
Keokuk .............
Lee ...................
Mahaska ...........
Marion ...............
Monroe .............
Poweshiek ........
Van Buren ........
Wapello ............
Hancock ...........
Henderson ........
Clark .................
Scotland ...........
Coconino ..........
Yavapai ............
Little River ........
Miller .................
Polk ..................
Sevier ...............
Bryan ................
Choctaw ...........
McCurtain .........
Pushmataha .....
State
MO
MS
MS
MS
MS
MS
MS
MS
MS
MS
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
GA
GA
GA
KS
KS
KS
KS
KS
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IL
IL
MO
MO
AZ
AZ
AR
AR
AR
AR
OK
OK
OK
OK
22874
lotter on DSKBCFDHB2PROD with RULES2
PEA
No.
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
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VerDate Sep<11>2014
County name
Bowie ................
Cass .................
Marion ...............
Morris ................
Johnson ............
Linn ...................
Boone ...............
Callaway ...........
Cole ..................
Cooper ..............
Howard .............
Moniteau ...........
Osage ...............
Caldwell Parish
East Carroll Parish.
Franklin Parish
Jackson Parish
Lincoln Parish ...
Morehouse Parish.
Ouachita Parish
Richland Parish
Union Parish .....
West Carroll
Parish.
Baraga ..............
Dickinson ..........
Gogebic ............
Houghton ..........
Iron ...................
Keweenaw ........
Marquette .........
Menominee .......
Ontonagon ........
Florence ...........
Iron ...................
Marinette ...........
Menominee .......
Oconto ..............
Shawano ...........
Chester .............
Lancaster ..........
York ..................
Bannock ...........
Bingham ...........
Bonneville .........
Clark .................
Fremont ............
Jefferson ...........
Madison ............
Power ...............
Teton ................
Allegany ............
Cattaraugus ......
Chautauqua ......
McKean ............
Potter ................
Allen Parish ......
Avoyelles Parish
Beauregard Parish.
Grant Parish .....
La Salle Parish
Rapides Parish
Vernon Parish ...
Daniels ..............
Dawson ............
Gallatin .............
Garfield .............
Golden Valley ...
20:23 Apr 22, 2020
Federal
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Processing
System No.
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PEA
No.
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TX
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TX
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191
191
191
30057
30055
30065
30067
30069
30083
30085
30091
30095
30097
30105
30111
51007
51025
51029
51037
51570
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51049
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51595
51081
51670
51111
51117
51135
51730
51147
51149
51183
37051
20005
20043
20045
20103
29003
29021
42023
42027
42033
42047
42065
16009
16017
16021
16035
16049
16055
16057
16061
16069
16079
29017
29023
29031
29035
29093
29123
29133
29143
29157
29179
29181
29201
29207
29223
39013
39081
39111
54009
54029
LA
LA
LA
LA
LA
LA
LA
LA
MI
MI
MI
MI
MI
MI
MI
MI
MI
WI
WI
WI
WI
WI
WI
SC
SC
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ID
ID
ID
ID
ID
ID
ID
ID
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LA
LA
LA
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LA
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Jkt 250001
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County name
Madison ............
McCone ............
Musselshell .......
Park ..................
Petroleum .........
Richland ...........
Roosevelt ..........
Sheridan ...........
Stillwater ...........
Sweet Grass .....
Valley ................
Yellowstone ......
Amelia ...............
Brunswick .........
Buckingham ......
Charlotte ...........
Colonial Heights
City.
Cumberland ......
Dinwiddie ..........
Emporia City .....
Greensville ........
Hopewell City ...
Lunenburg ........
Mecklenburg .....
Nottoway ...........
Petersburg City
Prince Edward ..
Prince George ..
Sussex ..............
Cumberland ......
Atchison ............
Doniphan ..........
Douglas ............
Leavenworth .....
Andrew .............
Buchanan .........
Cameron ...........
Centre ...............
Clearfield ..........
Elk .....................
Jefferson ...........
Benewah ...........
Bonner ..............
Boundary ..........
Clearwater ........
Idaho ................
Kootenai ...........
Latah ................
Lewis ................
Nez Perce .........
Shoshone .........
Bollinger ...........
Butler ................
Cape Girardeau
Carter ................
Iron ...................
Madison ............
Mississippi ........
New Madrid ......
Perry .................
Reynolds ...........
Ripley ................
Scott .................
Stoddard ...........
Wayne ..............
Belmont ............
Jefferson ...........
Monroe .............
Brooke ..............
Hancock ...........
Fmt 4701
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VA
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KS
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MO
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PA
PA
PA
PA
PA
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ID
ID
ID
ID
ID
ID
ID
ID
ID
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MO
MO
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County name
Marshall ............
Ohio ..................
Tyler .................
Wetzel ...............
Clay ..................
Craighead .........
Greene .............
Lawrence ..........
Mississippi ........
Poinsett ............
Randolph ..........
Dunklin ..............
Pemiscot ...........
Fannin ..............
Gilmer ...............
Gordon .............
Murray ..............
Pickens .............
Towns ...............
Union ................
Whitfield ............
Caswell .............
Rockingham ......
Danville City .....
Henry ................
Martinsville City
Patrick ...............
Pittsylvania .......
Bandera ............
Dimmit ..............
Frio ...................
Gillespie ............
Kendall .............
Kerr ...................
La Salle ............
Maverick ...........
Medina ..............
Real ..................
Uvalde ..............
Zavala ...............
Russell ..............
Chattahoochee
Harris ................
Marion ...............
Muscogee .........
Stewart .............
Webster ............
Antrim ...............
Benzie ..............
Grand Traverse
Kalkaska ...........
Lake ..................
Leelanau ...........
Manistee ...........
Mason ...............
Missaukee ........
Osceola ............
Wexford ............
Crittenden .........
Daviess .............
Hancock ...........
Henderson ........
Hopkins ............
McLean .............
Muhlenberg ......
Ohio ..................
Union ................
Webster ............
Humboldt ..........
Lake ..................
Mendocino ........
State
WV
WV
WV
WV
AR
AR
AR
AR
AR
AR
AR
MO
MO
GA
GA
GA
GA
GA
GA
GA
GA
NC
NC
VA
VA
VA
VA
VA
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
AL
GA
GA
GA
GA
GA
GA
MI
MI
MI
MI
MI
MI
MI
MI
MI
MI
MI
KY
KY
KY
KY
KY
KY
KY
KY
KY
KY
CA
CA
CA
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
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VerDate Sep<11>2014
County name
Trinity ................
Adams ..............
Chelan ..............
Douglas ............
Grant ................
Kittitas ...............
Okanogan .........
Atkinson ............
Bacon ...............
Brantley ............
Camden ............
Charlton ............
Clinch ................
Coffee ...............
Glynn ................
McIntosh ...........
Pierce ...............
Ware .................
Iredell ................
Rowan ..............
Brown ...............
Door ..................
Kewaunee ........
Broome .............
Tioga ................
Susquehanna ...
Atoka ................
Carter ................
Coal ..................
Cotton ...............
Garvin ...............
Hughes .............
Jefferson ...........
Johnston ...........
Love ..................
Marshall ............
Murray ..............
Okfuskee ..........
Pontotoc ...........
Seminole ...........
Stephens ..........
Anchorage Borough.
Crook ................
Deschutes .........
Hood River .......
Jefferson ...........
Lake ..................
Sherman ...........
Wasco ...............
Klickitat .............
Skamania ..........
Lancaster ..........
Alexander .........
Burke ................
Catawba ...........
Cherokee ..........
Crawford ...........
Barton ...............
Jasper ...............
Newton .............
Ottawa ..............
Lubbock ............
Marathon ..........
Portage .............
Wood ................
Buchanan .........
Buena Vista ......
Butler ................
Cerro Gordo .....
Chickasaw ........
20:23 Apr 22, 2020
State
PEA
No.
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WA
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WA
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GA
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GA
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GA
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NC
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WI
WI
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NY
NY
PA
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OK
OK
OK
OK
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OK
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OK
AK
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NC
KS
KS
MO
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MO
OK
TX
WI
WI
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County name
Clay ..................
Dickinson ..........
Emmet ..............
Fayette .............
Floyd .................
Franklin .............
Hancock ...........
Kossuth ............
Mitchell .............
Palo Alto ...........
Pocahontas ......
Winnebago .......
Worth ................
Ector .................
Midland .............
Jim Hogg ..........
Webb ................
Zapata ..............
Cocke ...............
Grainger ...........
Hamblen ...........
Hancock ...........
Jefferson ...........
Sevier ...............
Dubuque ...........
Jackson ............
Jo Daviess ........
Grant ................
Green ................
Iowa ..................
Lafayette ...........
Carroll ...............
DeKalb ..............
Lee ...................
Ogle ..................
Stephenson ......
Houston ............
Jackson ............
La Crosse .........
Monroe .............
Trempealeau ....
Vernon ..............
Allen .................
Auglaize ............
Mercer ..............
Putnam .............
Van Wert ..........
Jefferson ...........
Lewis ................
St. Lawrence ....
Botetourt ...........
Craig .................
Roanoke ...........
Roanoke City ....
Salem City ........
Esmeralda ........
Lincoln ..............
Mineral ..............
Nye ...................
Beaver ..............
Garfield .............
Iron ...................
Piute .................
Washington ......
Bladen ..............
Hoke .................
Robeson ...........
Scotland ...........
Antelope ...........
Boone ...............
Burt ...................
Fmt 4701
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No.
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WI
WI
IL
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IL
MN
WI
WI
WI
WI
WI
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OH
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OH
OH
NY
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VA
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UT
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NC
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E:\FR\FM\23APR2.SGM
23APR2
22875
County name
Butler ................
Cass .................
Colfax ...............
Cuming .............
Dodge ...............
Madison ............
Nance ...............
Pierce ...............
Platte ................
Polk ..................
Saunders ..........
Stanton .............
Washington ......
Wayne ..............
Brown ...............
Coffey ...............
Jackson ............
Jefferson ...........
Osage ...............
Shawnee ...........
Cleveland ..........
Lincoln ..............
Rutherford .........
Davidson ...........
Davie ................
Yadkin ..............
Potter ................
Randall .............
Adams ..............
Boyd .................
Brown ...............
Buffalo ..............
Clay ..................
Custer ...............
Dawson ............
Garfield .............
Greeley .............
Hall ...................
Hamilton ...........
Holt ...................
Howard .............
Keya Paha ........
Loup .................
Merrick ..............
Nuckolls ............
Rock .................
Sherman ...........
Valley ................
Webster ............
Wheeler ............
Bulloch ..............
Candler .............
Evans ................
Liberty ...............
Long .................
Screven ............
Tattnall ..............
Wayne ..............
Darlington .........
Florence ...........
Williamsburg .....
Cabarrus ...........
Stanly ................
Albemarle .........
Charlottesville
City.
Fluvanna ...........
Greene .............
Louisa ...............
Nelson ..............
Appling .............
State
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
KS
KS
KS
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NC
NC
NC
NC
NC
NC
TX
TX
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
GA
GA
GA
GA
GA
GA
GA
GA
SC
SC
SC
NC
NC
VA
VA
VA
VA
VA
VA
GA
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County name
Emanuel ...........
Hancock ...........
Jeff Davis ..........
Johnson ............
Laurens ............
Montgomery ......
Putnam .............
Telfair ................
Toombs ............
Treutlen ............
Washington ......
Wheeler ............
Calcasieu Parish
Cameron Parish
Jefferson Davis
Parish.
Massac .............
Ballard ..............
Caldwell ............
Calloway ...........
Carlisle ..............
Graves ..............
Livingston .........
Lyon ..................
Marshall ............
McCracken .......
Chase ...............
Clay ..................
Dickinson ..........
Geary ................
Lyon ..................
Marshall ............
Morris ................
Nemaha ............
Pottawatomie ....
Riley .................
Wabaunsee ......
Washington ......
Barry .................
Dade .................
Douglas ............
Howell ...............
Lawrence ..........
Ozark ................
Stone ................
Taney ................
Clay ..................
Coosa ...............
Lee ...................
Macon ...............
Tallapoosa ........
Canyon .............
Elmore ..............
Owyhee ............
Clarendon .........
Kershaw ...........
Lee ...................
Sumter ..............
Brazos ..............
Grimes ..............
Dona Ana .........
Sierra ................
Barber ...............
Barton ...............
Comanche ........
Edwards ...........
Ellis ...................
Ellsworth ...........
Kiowa ................
Marion ...............
McPherson .......
20:23 Apr 22, 2020
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SC
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Ness .................
Pawnee ............
Pratt ..................
Rice ..................
Rush .................
Russell ..............
Saline ................
Stafford .............
Trego ................
Cherokee ..........
Ida ....................
Monona ............
O’Brien ..............
Plymouth ...........
Sioux ................
Woodbury .........
Union ................
Adams ..............
Columbia ..........
Crawford ...........
Juneau ..............
Marquette .........
Richland ...........
Sauk .................
Ashland ............
Bayfield .............
Clark .................
Forest ...............
Langlade ...........
Lincoln ..............
Oneida ..............
Price .................
Taylor ................
Vilas ..................
Bolivar ...............
Carroll ...............
Coahoma ..........
Humphreys .......
Issaquena .........
Leflore ..............
Sharkey ............
Sunflower ..........
Tallahatchie ......
Washington ......
Amherst ............
Appomattox ......
Campbell ..........
Halifax ...............
Lynchburg City
Albany ..............
Campbell ..........
Converse ..........
Crook ................
Laramie ............
Niobrara ............
Platte ................
Weston .............
Blount ...............
Cullman ............
Fayette .............
Marion ...............
Winston ............
Chaves .............
Eddy .................
Lea ...................
Gaines ..............
Yoakum ............
Alpena ..............
Charlevoix .........
Cheboygan .......
Crawford ...........
Fmt 4701
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WI
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WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
MS
MS
MS
MS
MS
MS
MS
MS
MS
MS
VA
VA
VA
VA
VA
WY
WY
WY
WY
WY
WY
WY
WY
AL
AL
AL
AL
AL
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NM
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23APR2
County name
Emmet ..............
Montmorency ....
Oscoda .............
Otsego ..............
Presque Isle .....
Roscommon .....
Clay ..................
Cass .................
Beaufort ............
Hampton ...........
Jasper ...............
Guadalupe ........
Los Alamos .......
Mora .................
San Miguel .......
Santa Fe ...........
Aleutians East
Borough.
Aleutians West
Census Area.
Bethel Census
Area.
Bristol Bay Borough.
Dillingham Census Area.
Kenai Peninsula
Borough.
Kodiak Island
Borough.
Lake and Peninsula Borough.
MatanuskaSusitna Borough.
Valdez-Cordova
Census Area.
Howard .............
Winneshiek .......
Dodge ...............
Fillmore .............
Mower ...............
Wabasha ..........
Winona .............
Buffalo ..............
Ashe .................
Avery ................
Caldwell ............
Watauga ...........
Johnson ............
Manitowoc ........
Sheboygan .......
Cedar ................
Clinton ..............
Louisa ...............
Muscatine .........
Mercer ..............
Whiteside ..........
Racine ..............
Bureau ..............
La Salle ............
Livingston .........
Putnam .............
Chemung ..........
Bradford ............
Tioga ................
Bosque .............
Brown ...............
Coleman ...........
Comanche ........
Eastland ...........
State
MI
MI
MI
MI
MI
MI
MN
ND
SC
SC
SC
NM
NM
NM
NM
NM
AK
AK
AK
AK
AK
AK
AK
AK
AK
AK
IA
IA
MN
MN
MN
MN
MN
WI
NC
NC
NC
NC
TN
WI
WI
IA
IA
IA
IA
IL
IL
WI
IL
IL
IL
IL
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PA
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County name
Erath .................
Hamilton ...........
Hill .....................
Mills ..................
Somervell ..........
De Witt ..............
McLean .............
Blaine ................
Camas ..............
Cassia ...............
Gooding ............
Jerome ..............
Lincoln ..............
Minidoka ...........
Twin Falls .........
Anderson ..........
Henderson ........
Navarro .............
Carter ................
Adams ..............
Butte .................
Custer ...............
Fall River ..........
Harding .............
Lawrence ..........
Meade ..............
Pennington .......
Perkins ..............
Cowley ..............
Elk .....................
Greenwood .......
Harper ...............
Harvey ..............
Kingman ...........
Reno .................
Sumner .............
Allen .................
Chautauqua ......
Labette .............
Montgomery ......
Neosho .............
Wilson ...............
Woodson ..........
Craig .................
Nowata .............
Washington ......
Franklin .............
Oneida ..............
Box Elder ..........
Cache ...............
Clark .................
Finney ...............
Ford ..................
Grant ................
Gray ..................
Greeley .............
Hamilton ...........
Haskell ..............
Hodgeman ........
Kearny ..............
Lane .................
Meade ..............
Morton ..............
Scott .................
Seward .............
Stanton .............
Stevens ............
Wichita ..............
Beaver ..............
Cimarron ...........
Texas ................
20:23 Apr 22, 2020
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OK
OK
ID
ID
UT
UT
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KS
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McIntosh ...........
Muskogee .........
Okmulgee .........
Pittsburg ...........
Fulton ................
Knox .................
Marshall ............
Mason ...............
McDonough ......
Stark .................
Warren ..............
Clinton ..............
Essex ................
Franklin .............
Abbeville ...........
Greenwood .......
Laurens ............
McCormick ........
Apache .............
Cibola ...............
McKinley ...........
Minnehaha ........
Kenosha ...........
Callahan ...........
Jones ................
Taylor ................
Carbon ..............
Duchesne .........
Emery ...............
Grand ................
Morgan .............
Summit .............
Uintah ...............
Wasatch ...........
Wayne ..............
Big Stone ..........
Pipestone .........
Rock .................
Traverse ...........
Beadle ..............
Brookings ..........
Clark .................
Codington .........
Deuel ................
Grant ................
Hamlin ..............
Kingsbury ..........
Lake ..................
Miner ................
Moody ...............
Roberts .............
Sanborn ............
Montgomery ......
Moore ...............
Richmond .........
Pueblo ..............
Trigg .................
Hickman ............
Houston ............
Humphreys .......
Lawrence ..........
Lewis ................
Perry .................
Stewart .............
Wayne ..............
Black Hawk .......
Bremer ..............
Kay ...................
Noble ................
Pawnee ............
Payne ...............
Fmt 4701
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IL
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NY
NY
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AZ
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SD
WI
TX
TX
TX
UT
UT
UT
UT
UT
UT
UT
UT
UT
MN
MN
MN
MN
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
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CO
KY
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TN
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OK
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23APR2
22877
County name
Schuylkill ...........
Baker ................
Gilliam ...............
Grant ................
Morrow ..............
Umatilla .............
Union ................
Wallowa ............
Wheeler ............
Denali Borough
Fairbanks North
Star Borough.
Nome Census
Area.
North Slope Borough.
Northwest Arctic
Borough.
Southeast Fairbanks Census
Area.
Wade Hampton
Census Area.
Yukon-Koyukuk
Census Area.
Adair .................
Caldwell ............
Carroll ...............
Clinton ..............
Daviess .............
DeKalb ..............
Grundy ..............
Harrison ............
Knox .................
Livingston .........
Mercer ..............
Putnam .............
Schuyler ...........
Sullivan .............
Bullock ..............
Butler ................
Crenshaw .........
Dallas ................
Lowndes ...........
Perry .................
Pike ..................
Olmsted ............
Alfalfa ................
Blaine ................
Caddo ...............
Garfield .............
Grant ................
Kingfisher ..........
Major ................
Woods ..............
Blaine ................
Cascade ...........
Chouteau ..........
Glacier ..............
Hill .....................
Liberty ...............
Pondera ............
Teton ................
Toole ................
Surry .................
Wilkes ...............
Beckham ...........
Custer ...............
Dewey ...............
Ellis ...................
Greer ................
State
PA
OR
OR
OR
OR
OR
OR
OR
OR
AK
AK
AK
AK
AK
AK
AK
AK
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
MO
AL
AL
AL
AL
AL
AL
AL
MN
OK
OK
OK
OK
OK
OK
OK
OK
MT
MT
MT
MT
MT
MT
MT
MT
MT
NC
NC
OK
OK
OK
OK
OK
22878
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40059
40065
40075
40129
40149
40153
48077
48485
19119
31027
31107
46009
46027
46061
46067
46083
46087
46125
46135
13079
13081
13093
13193
13207
13249
13261
13269
37015
37029
37041
37073
37091
37139
37143
29055
29187
29186
29221
08003
08009
08011
08017
08021
08023
08025
08055
08061
08071
08079
08089
08099
08105
08109
35007
35045
48021
48055
48287
48073
48365
48401
30003
30009
30017
30025
30075
30079
30087
30103
56003
County name
Harmon .............
Harper ...............
Jackson ............
Kiowa ................
Roger Mills .......
Washita ............
Woodward ........
Clay ..................
Wichita ..............
Lyon ..................
Cedar ................
Knox .................
Bon Homme .....
Clay ..................
Hanson .............
Hutchinson .......
Lincoln ..............
McCook ............
Turner ...............
Yankton ............
Crawford ...........
Crisp .................
Dooly ................
Macon ...............
Monroe .............
Schley ...............
Sumter ..............
Taylor ................
Bertie ................
Camden ............
Chowan ............
Gates ................
Hertford ............
Pasquotank ......
Perquimans ......
Crawford ...........
St. Francois ......
Ste. Genevieve
Washington ......
Alamosa ...........
Baca .................
Bent ..................
Cheyenne .........
Conejos ............
Costilla ..............
Crowley .............
Huerfano ...........
Kiowa ................
Las Animas .......
Mineral ..............
Otero ................
Prowers ............
Rio Grande .......
Saguache .........
Colfax ...............
San Juan ..........
Bastrop .............
Caldwell ............
Lee ...................
Cherokee ..........
Panola ..............
Rusk .................
Big Horn ...........
Carbon ..............
Custer ...............
Fallon ................
Powder River ....
Prairie ...............
Rosebud ...........
Treasure ...........
Big Horn ...........
20:23 Apr 22, 2020
Federal
Information
Processing
System No.
State
PEA
No.
OK
OK
OK
OK
OK
OK
OK
TX
TX
IA
NE
NE
SD
SD
SD
SD
SD
SD
SD
SD
GA
GA
GA
GA
GA
GA
GA
GA
NC
NC
NC
NC
NC
NC
NC
MO
MO
MO
MO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
NM
NM
TX
TX
TX
TX
TX
TX
MT
MT
MT
MT
MT
MT
MT
MT
WY
315
315
315
316
316
316
316
316
316
316
316
316
317
317
317
317
317
317
317
317
317
317
317
317
318
318
56019
56029
56033
16007
16029
49009
49033
56007
56023
56035
56037
56041
31059
31067
31095
31097
31127
31131
31133
31147
31151
31159
31169
31185
27069
27077
318
318
318
318
318
318
318
318
318
318
318
318
318
318
318
319
319
320
320
320
320
321
321
321
321
321
322
322
322
322
322
322
322
322
322
323
323
323
323
324
324
325
325
326
27089
27113
27125
27135
38005
38019
38027
38063
38067
38071
38079
38091
38095
38097
38099
13095
13177
48235
48413
48435
48451
18029
18047
18115
18137
18155
38009
38013
38023
38049
38053
38061
38075
38101
38105
35003
35053
35057
35061
42103
42127
38015
38059
27005
Jkt 250001
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Frm 00076
County name
Johnson ............
Park ..................
Sheridan ...........
Bear Lake .........
Caribou .............
Daggett .............
Rich ..................
Carbon ..............
Lincoln ..............
Sublette ............
Sweetwater .......
Uinta .................
Fillmore .............
Gage .................
Jefferson ...........
Johnson ............
Nemaha ............
Otoe ..................
Pawnee ............
Richardson .......
Saline ................
Seward .............
Thayer ..............
York ..................
Kittson ..............
Lake of the
Woods.
Marshall ............
Pennington .......
Red Lake ..........
Roseau .............
Benson .............
Cavalier ............
Eddy .................
Nelson ..............
Pembina ...........
Ramsey ............
Rolette ..............
Steele ...............
Towner ..............
Traill ..................
Walsh ................
Dougherty .........
Lee ...................
Irion ..................
Schleicher .........
Sutton ...............
Tom Green .......
Dearborn ...........
Franklin .............
Ohio ..................
Ripley ................
Switzerland .......
Bottineau ..........
Burke ................
Divide ................
McHenry ...........
McKenzie ..........
Mountrail ...........
Renville .............
Ward .................
Williams ............
Catron ...............
Socorro .............
Torrance ...........
Valencia ............
Pike ..................
Wayne ..............
Burleigh ............
Morton ..............
Becker ..............
Fmt 4701
Sfmt 4700
Federal
Information
Processing
System No.
State
PEA
No.
WY
WY
WY
ID
ID
UT
UT
WY
WY
WY
WY
WY
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
NE
MN
MN
326
326
326
326
327
327
328
329
329
329
329
329
329
329
330
330
330
330
330
330
330
331
331
331
331
331
331
331
332
332
332
333
333
334
334
334
334
334
334
334
334
334
334
334
334
334
334
334
335
335
27087
27107
27111
27167
45017
45075
04017
48047
48131
48249
48261
48273
48297
48311
17033
17047
17101
17159
17185
17191
17193
48079
48189
48219
48279
48305
48437
48445
37007
45025
45069
39037
39149
48011
48065
48075
48087
48101
48129
48179
48191
48195
48211
48233
48295
48357
48393
48483
22031
22069
335
22081
335
336
336
337
337
337
337
338
338
338
338
338
339
339
339
339
339
339
22085
27119
38035
48097
48237
48337
48363
08007
08033
08067
08083
08111
31007
31013
31033
31045
31105
31123
MN
MN
MN
MN
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
GA
GA
TX
TX
TX
TX
IN
IN
IN
IN
IN
ND
ND
ND
ND
ND
ND
ND
ND
ND
NM
NM
NM
NM
PA
PA
ND
ND
MN
E:\FR\FM\23APR2.SGM
23APR2
County name
Mahnomen .......
Norman .............
Otter Tail ...........
Wilkin ................
Calhoun ............
Orangeburg ......
Navajo ..............
Brooks ..............
Duval ................
Jim Wells ..........
Kenedy .............
Kleberg .............
Live Oak ...........
McMullen ..........
Crawford ...........
Edwards ...........
Lawrence ..........
Richland ...........
Wabash ............
Wayne ..............
White ................
Cochran ............
Hale ..................
Hockley .............
Lamb ................
Lynn ..................
Swisher .............
Terry .................
Anson ...............
Chesterfield ......
Marlboro ...........
Darke ................
Shelby ..............
Armstrong .........
Carson ..............
Childress ...........
Collingsworth ....
Cottle ................
Donley ..............
Gray ..................
Hall ...................
Hansford ...........
Hemphill ............
Hutchinson .......
Lipscomb ..........
Ochiltree ...........
Roberts .............
Wheeler ............
De Soto Parish
Natchitoches
Parish.
Red River Parish.
Sabine Parish ...
Polk ..................
Grand Forks .....
Cooke ...............
Jack ..................
Montague .........
Palo Pinto .........
Archuleta ..........
Dolores .............
La Plata ............
Montezuma .......
San Juan ..........
Banner ..............
Box Butte ..........
Cheyenne .........
Dawes ...............
Kimball ..............
Morrill ................
State
MN
MN
MN
MN
SC
SC
AZ
TX
TX
TX
TX
TX
TX
TX
IL
IL
IL
IL
IL
IL
IL
TX
TX
TX
TX
TX
TX
TX
NC
SC
SC
OH
OH
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
LA
LA
LA
LA
MN
ND
TX
TX
TX
TX
CO
CO
CO
CO
CO
NE
NE
NE
NE
NE
NE
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
lotter on DSKBCFDHB2PROD with RULES2
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No.
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342
342
342
343
343
343
343
343
343
343
343
343
343
343
343
343
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344
344
345
345
345
346
346
346
346
347
31157
31165
56015
35009
35011
35021
35037
35041
35059
35027
35035
46003
46015
46017
46023
46035
46043
46053
46059
46065
46069
46073
46085
46117
46119
46123
48043
48103
48105
48243
48301
48371
48377
48383
48389
48443
48461
48475
48495
01007
01021
01065
45039
45071
45081
37039
37043
37075
37113
22037
347
22077
347
22091
347
22125
347
348
348
348
348
348
348
348
348
348
348
348
348
349
28157
46013
46021
46037
46041
46045
46049
46091
46089
46107
46115
46129
46137
37111
VerDate Sep<11>2014
County name
Scotts Bluff .......
Sioux ................
Goshen .............
Curry .................
DeBaca .............
Harding .............
Quay .................
Roosevelt ..........
Union ................
Lincoln ..............
Otero ................
Aurora ...............
Brule .................
Buffalo ..............
Charles Mix ......
Davison ............
Douglas ............
Gregory ............
Hand .................
Hughes .............
Hyde .................
Jerauld ..............
Lyman ...............
Stanley .............
Sully ..................
Tripp .................
Brewster ...........
Crane ................
Crockett ............
Jeff Davis ..........
Loving ...............
Pecos ................
Presidio ............
Reagan .............
Reeves .............
Terrell ...............
Upton ................
Ward .................
Winkler ..............
Bibb ..................
Chilton ..............
Hale ..................
Fairfield .............
Newberry ..........
Saluda ..............
Cherokee ..........
Clay ..................
Graham ............
Macon ...............
East Feliciana
Parish.
Pointe Coupee
Parish.
St. Helena Parish.
West Feliciana
Parish.
Wilkinson ..........
Brown ...............
Campbell ..........
Day ...................
Dewey ...............
Edmunds ..........
Faulk .................
Marshall ............
McPherson .......
Potter ................
Spink ................
Walworth ...........
Ziebach .............
McDowell ..........
20:23 Apr 22, 2020
Federal
Information
Processing
System No.
State
PEA
No.
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NE
WY
NM
NM
NM
NM
NM
NM
NM
NM
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
AL
AL
AL
SC
SC
SC
NC
NC
NC
NC
LA
349
349
350
350
350
350
351
351
351
351
351
351
351
351
351
351
351
351
351
351
351
351
351
351
352
352
352
353
353
353
354
354
355
356
356
356
356
357
357
358
358
358
359
359
359
359
359
359
360
360
37121
37199
05037
05077
05107
05123
30109
38007
38011
38025
38029
38033
38037
38041
38043
38047
38051
38055
38057
38065
38085
38087
38089
46031
48177
48255
48493
17075
18073
18111
55135
55137
56025
53019
53043
53051
53065
35039
35055
48031
48053
48299
08075
08087
08095
08121
08125
31057
02100
02105
LA
360
360
02110
02130
360
360
02195
02198
360
360
02220
02230
360
360
361
361
361
361
362
362
362
362
362
02275
02282
49023
49027
49039
49041
16003
16015
16045
16075
16085
LA
LA
MS
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
NC
Jkt 250001
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County name
Mitchell .............
Yancey .............
Cross ................
Lee ...................
Phillips ..............
St. Francis ........
Wibaux ..............
Billings ..............
Bowman ...........
Dunn .................
Emmons ...........
Golden Valley ...
Grant ................
Hettinger ...........
Kidder ...............
Logan ...............
McIntosh ...........
McLean .............
Mercer ..............
Oliver ................
Sioux ................
Slope ................
Stark .................
Corson ..............
Gonzales ..........
Karnes ..............
Wilson ...............
Iroquois .............
Jasper ...............
Newton .............
Waupaca ..........
Waushara .........
Natrona .............
Ferry .................
Lincoln ..............
Pend Oreille ......
Stevens ............
Rio Arriba .........
Taos .................
Blanco ..............
Burnet ...............
Llano .................
Logan ...............
Morgan .............
Phillips ..............
Washington ......
Yuma ................
Dundy ...............
Haines Borough
Hoonah-Angoon
Census Area.
Juneau Borough
Ketchikan Gateway Borough.
Petersburg ........
Prince of WalesHyder.
Sitka Borough ...
Skagway Municipality.
Wrangell ...........
Yakutat Borough
Juab ..................
Millard ...............
Sanpete ............
Sevier ...............
Adams ..............
Boise ................
Gem ..................
Payette .............
Valley ................
Fmt 4701
Sfmt 4700
State
PEA
No.
NC
NC
AR
AR
AR
AR
MT
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
ND
SD
TX
TX
TX
IL
IN
IN
WI
WI
WY
WA
WA
WA
WA
NM
NM
TX
TX
TX
CO
CO
CO
CO
CO
NE
AK
AK
362
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363
363
363
363
363
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364
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364
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365
365
365
365
365
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365
366
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369
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369
369
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370
370
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371
371
371
372
372
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372
372
372
372
372
372
372
373
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AK
AK
AK
AK
AK
AK
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AK
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UT
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ID
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ID
ID
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Federal
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Processing
System No.
16087
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48173
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48197
48429
48447
48487
48503
53003
53023
53075
29007
29137
29175
29205
20029
20039
20065
20089
20105
20123
20137
20141
20143
20147
20153
20157
20163
20183
19003
19071
19129
19137
19145
19173
29005
19011
19095
19183
37005
51640
51077
51197
08039
08063
08073
20023
20063
20109
20179
20181
20193
20199
53013
53071
08115
31005
31009
23APR2
22879
County name
Washington ......
Andrews ...........
Borden ..............
Dawson ............
Glasscock .........
Howard .............
Martin ................
Beaverhead ......
Broadwater .......
Deer Lodge ......
Jefferson ...........
Silver Bow ........
Tillman ..............
Archer ...............
Baylor ...............
Foard ................
Hardeman .........
Stephens ..........
Throckmorton ...
Wilbarger ..........
Young ...............
Asotin ................
Garfield .............
Whitman ...........
Audrain .............
Monroe .............
Randolph ..........
Shelby ..............
Cloud ................
Decatur .............
Graham ............
Jewell ................
Lincoln ..............
Mitchell .............
Norton ...............
Osborne ............
Ottawa ..............
Phillips ..............
Rawlins .............
Republic ...........
Rooks ...............
Smith ................
Adams ..............
Fremont ............
Mills ..................
Montgomery ......
Page .................
Taylor ................
Atchison ............
Benton ..............
Iowa ..................
Washington ......
Alleghany ..........
Galax City .........
Grayson ............
Wythe ...............
Elbert ................
Kit Carson .........
Lincoln ..............
Cheyenne .........
Gove .................
Logan ...............
Sheridan ...........
Sherman ...........
Thomas ............
Wallace .............
Columbia ..........
Walla Walla ......
Sedgwick ..........
Arthur ................
Blaine ................
State
ID
TX
TX
TX
TX
TX
TX
MT
MT
MT
MT
MT
OK
TX
TX
TX
TX
TX
TX
TX
TX
WA
WA
WA
MO
MO
MO
MO
KS
KS
KS
KS
KS
KS
KS
KS
KS
KS
KS
KS
KS
KS
IA
IA
IA
IA
IA
IA
MO
IA
IA
IA
NC
VA
VA
VA
CO
CO
CO
KS
KS
KS
KS
KS
KS
KS
WA
WA
CO
NE
NE
22880
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Processing
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381
381
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383
383
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384
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385
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48341
48359
48421
01023
01063
01091
01119
13033
13125
13163
13165
13301
26033
26095
26097
26003
26041
26153
48137
48271
48465
56013
56017
56043
19039
19053
19117
19159
19175
19185
19005
19043
19055
29111
29127
29173
45005
45009
45011
38003
38021
38039
38045
38073
38077
38081
19009
19029
19085
19165
31061
31063
31065
31073
31083
County name
Chase ...............
Deuel ................
Garden .............
Hooker ..............
Keith .................
Lincoln ..............
Logan ...............
McPherson .......
Perkins ..............
Thomas ............
Grant ................
Hidalgo .............
Luna .................
Dallam ..............
Deaf Smith ........
Hartley ..............
Moore ...............
Oldham .............
Sherman ...........
Choctaw ...........
Greene .............
Marengo ...........
Sumter ..............
Burke ................
Glascock ...........
Jefferson ...........
Jenkins .............
Warren ..............
Chippewa ..........
Luce ..................
Mackinac ..........
Alger .................
Delta .................
Schoolcraft .......
Edwards ...........
Kinney ..............
Val Verde ..........
Fremont ............
Hot Springs .......
Washakie ..........
Clarke ...............
Decatur .............
Lucas ................
Ringgold ...........
Union ................
Wayne ..............
Allamakee .........
Clayton .............
Delaware ..........
Lewis ................
Marion ...............
Ralls .................
Allendale ...........
Bamberg ...........
Barnwell ............
Barnes ..............
Dickey ...............
Griggs ...............
LaMoure ...........
Ransom ............
Richland ...........
Sargent .............
Audubon ...........
Cass .................
Harrison ............
Shelby ..............
Franklin .............
Frontier .............
Furnas ..............
Gosper ..............
Harlan ...............
20:23 Apr 22, 2020
State
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County name
Hayes ...............
Hitchcock ..........
Kearney ............
Phelps ..............
Red Willow .......
Fisher ................
Mitchell .............
Nolan ................
Scurry ...............
Harney ..............
Malheur ............
Gentry ...............
Holt ...................
Nodaway ...........
Worth ................
Chariton ............
Linn ...................
Macon ...............
Bennett .............
Haakon .............
Jackson ............
Jones ................
Mellette .............
Shannon ...........
Todd .................
Foster ...............
Pierce ...............
Sheridan ...........
Stutsman ..........
Wells .................
Adair .................
Guthrie ..............
Madison ............
Lamar ...............
Pickens .............
Dakota ..............
Dixon ................
Thurston ...........
Lampasas .........
San Saba .........
Bailey ................
Castro ...............
Parmer ..............
Briscoe ..............
Crosby ..............
Dickens .............
Floyd .................
Garza ................
Kent ..................
Motley ...............
Concho .............
Kimble ...............
Mason ...............
McCulloch .........
Menard .............
Fergus ..............
Judith Basin ......
Meagher ...........
Phillips ..............
Wheatland ........
Kane .................
San Juan ..........
Teton ................
Jones ................
Butte .................
Custer ...............
Lemhi ................
Coke .................
Runnels ............
Sterling .............
Haskell ..............
Fmt 4701
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County name
King ..................
Knox .................
Shackelford ......
Stonewall ..........
Cherry ...............
Grant ................
Sheridan ...........
Culberson .........
Hudspeth ..........
Adjuntas ...........
Aguada .............
Aguadilla ...........
Aguas Buenas ..
Aibonito ............
Anasco .............
Arecibo .............
Arroyo ...............
Barceloneta ......
Barranquitas .....
Bayamon ..........
Cabo Rojo ........
Caguas .............
Camuy ..............
Canovanas .......
Carolina ............
Catano ..............
Cayey ...............
Ceiba ................
Ciales ................
Cidra .................
Coamo ..............
Comerio ............
Corozal .............
Culebra .............
Dorado ..............
Fajardo .............
Florida ...............
Guanica ............
Guayama ..........
Guayanilla .........
Guaynabo .........
Gurabo .............
Hatillo ................
Hormigueros .....
Humacao ..........
Isabela ..............
Jayuya ..............
Juana Diaz .......
Juncos ..............
Lajas .................
Lares ................
Las Marias ........
Las Piedras ......
Loiza .................
Luquillo .............
Manati ...............
Maricao .............
Maunabo ...........
Mayaguez .........
Moca .................
Morovis .............
Naguabo ...........
Naranjito ...........
Orocovis ...........
Patillas ..............
Penuelas ...........
Ponce ...............
Quebradillas .....
Rincon ..............
Rio Grande .......
Sabana Grande
State
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TX
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TX
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NE
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TX
TX
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
PEA
No.
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County name
Salinas ..............
San German .....
San Juan ..........
San Lorenzo .....
San Sebastian ..
Santa Isabel .....
Toa Alta ............
Toa Baja ...........
Trujillo Alto ........
Utuado ..............
Vega Alta ..........
Vega Baja .........
Vieques ............
Villalba ..............
Yabucoa ...........
Yauco ...............
Guam ................
Northern Islands
Rota ..................
Saipan ..............
Tinian ................
St. Croix ............
St. John ............
St. Thomas .......
Eastern District
Manu’a District ..
Rose Island ......
Swains Island ...
Western District
Gulf of Mexico
Central and
East.
Gulf of Mexico
West.
State
PR
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AS
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GM
18. Amend § 27.11 by adding
paragraph (l) to read as follows:
■
§ 27.11
Initial authorization.
*
*
*
*
*
(l) 3700–3980 MHz band.
Authorizations for licenses in the 3.7
GHz Service will be based on Partial
Economic Areas (PEAs), as specified in
§ 27.6(m), and the frequency sub-blocks
specified in § 27.5(m).
■ 19. Amend § 27.13 by adding
paragraph (m) to read as follows:
§ 27.13
License period.
*
*
*
*
(m) 3700–3980 MHz band.
Authorizations for licenses in the 3.7
GHz Service in the 3700–3980 MHz
band will have a term not to exceed 15
years from the date of issuance or
renewal.
■ 20. Amend § 27.14 by revising the first
sentence of paragraphs (a) and (k) and
adding paragraph (v) to read as follows:
lotter on DSKBCFDHB2PROD with RULES2
*
§ 27.14
Construction requirements.
(a) AWS and WCS licensees, with the
exception of WCS licensees holding
authorizations for the 600 MHz band,
Block A in the 698–704 MHz and 728–
734 MHz bands, Block B in the 704–710
MHz and 734–740 MHz bands, Block E
VerDate Sep<11>2014
20:23 Apr 22, 2020
Jkt 250001
in the 722–728 MHz band, Block C, C1
or C2 in the 746–757 MHz and 776–787
MHz bands, Block A in the 2305–2310
MHz and 2350–2355 MHz bands, Block
B in the 2310–2315 MHz and 2355–2360
MHz bands, Block C in the 2315–2320
MHz band, Block D in the 2345–2350
MHz band, and in the 3700–3980 MHz
band, and with the exception of
licensees holding AWS authorizations
in the 1915–1920 MHz and 1995–2000
MHz bands, the 2000–2020 MHz and
2180–2200 MHz bands, or 1695–1710
MHz, 1755–1780 MHz and 2155–2180
MHz bands, must, as a performance
requirement, make a showing of
‘‘substantial service’’ in their license
area within the prescribed license term
set forth in § 27.13. * * *
*
*
*
*
*
(k) Licensees holding WCS or AWS
authorizations in the spectrum blocks
enumerated in paragraphs (g), (h), (i),
(q), (r), (s), (t), and (v) of this section,
including any licensee that obtained its
license pursuant to the procedures set
forth in paragraph (j) of this section,
shall demonstrate compliance with
performance requirements by filing a
construction notification with the
Commission, within 15 days of the
expiration of the applicable benchmark,
in accordance with the provisions set
forth in § 1.946(d) of this chapter. * * *
*
*
*
*
*
(v) The following provisions apply to
any licensee holding an authorization in
the 3700–3980 MHz band:
(1) Licensees relying on mobile or
point-to-multipoint service shall
provide reliable signal coverage and
offer service within eight (8) years from
the date of the initial license to at least
forty-five (45) percent of the population
in each of its license areas (‘‘First
Buildout Requirement’’). Licensee shall
provide reliable signal coverage and
offer service within twelve (12) years
from the date of the initial license to at
least eighty (80) percent of the
population in each of its license areas
(‘‘Second Buildout Requirement’’).
Licensees relying on point-to-point
service shall demonstrate within eight
years of the license issue date that they
have four links operating and providing
service to customers or for internal use
if the population within the license area
is equal to or less than 268,000 and, if
the population is greater than 268,000,
that they have at least one link in
operation and providing service to
customers, or for internal use, per every
67,000 persons within a license area
(‘‘First Buildout Requirement’’).
Licensees relying on point-to-point
service shall demonstrate within 12
years of the license issue date that they
PO 00000
Frm 00079
Fmt 4701
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22881
have eight links operating and providing
service to customers or for internal use
if the population within the license area
is equal to or less than 268,000 and, if
the population within the license area is
greater than 268,000, shall demonstrate
they are providing service and have at
least two links in operation per every
67,000 persons within a license area
(‘‘Second Buildout Requirement’’).
(2) In the alternative, a licensee
offering Internet of Things-type services
shall provide geographic area coverage
within eight (8) years from the date of
the initial license to thirty-five (35)
percent of the license (‘‘First Buildout
Requirement’’). A licensee offering
Internet of Things-type services shall
provide geographic area coverage within
twelve (12) years from the date of the
initial license to sixty-five (65) percent
of the license (‘‘Second Buildout
Requirement’’).
(3) If a licensee fails to establish that
it meets the First Buildout Requirement
for a particular license area, the
licensee’s Second Buildout Requirement
deadline and license term will be
reduced by two years. If a licensee fails
to establish that it meets the Second
Buildout Requirement for a particular
license area, its authorization for each
license area in which it fails to meet the
Second Buildout Requirement shall
terminate automatically without
Commission action, and the licensee
will be ineligible to regain it if the
Commission makes the license available
at a later date.
(4) To demonstrate compliance with
these performance requirements,
licensees shall use the most recently
available decennial U.S. Census Data at
the time of measurement and shall base
their measurements of population or
geographic area served on areas no
larger than the Census Tract level. The
population or area within a specific
Census Tract (or other acceptable
identifier) will be deemed served by the
licensee only if it provides reliable
signal coverage to and offers service
within the specific Census Tract (or
other acceptable identifier). To the
extent the Census Tract (or other
acceptable identifier) extends beyond
the boundaries of a license area, a
licensee with authorizations for such
areas may include only the population
or geographic area within the Census
Tract (or other acceptable identifier)
towards meeting the performance
requirement of a single, individual
license. If a licensee does not provide
reliable signal coverage to an entire
license area, the license must provide a
map that accurately depicts the
boundaries of the area or areas within
each license area not being served. Each
E:\FR\FM\23APR2.SGM
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
licensee also must file supporting
documentation certifying the type of
service it is providing for each licensed
area within its service territory and the
type of technology used to provide such
service. Supporting documentation
must include the assumptions used to
create the coverage maps, including the
propagation model and the signal
strength necessary to provide reliable
service with the licensee’s technology.
■ 21. Amend § 27.50 by adding
paragraph (j) to read as follows:
§ 27.50
Power limits and duty cycle.
lotter on DSKBCFDHB2PROD with RULES2
*
*
*
*
*
(j) The following power requirements
apply to stations transmitting in the
3700–3980 MHz band:
(1) The power of each fixed or base
station transmitting in the 3700–3980
MHz band and located in any county
with population density of 100 or fewer
persons per square mile, based upon the
most recently available population
statistics from the Bureau of the Census,
is limited to an equivalent isotropically
radiated power (EIRP) of 3280 Watts/
MHz. This limit applies to the aggregate
power of all antenna elements in any
given sector of a base station.
(2) The power of each fixed or base
station transmitting in the 3700–3980
MHz band and situated in any
geographic location other than that
described in paragraph (j)(1) of this
section is limited to an EIRP of 1640
Watts/MHz. This limit applies to the
aggregate power of all antenna elements
in any given sector of a base station.
(3) Mobile and portable stations are
limited to 1 Watt EIRP. Mobile and
portable stations operating in these
bands must employ a means for limiting
power to the minimum necessary for
successful communications.
(4) Equipment employed must be
authorized in accordance with the
provisions of § 27.51. Power
measurements for transmissions by
stations authorized under this section
may be made either in accordance with
a Commission-approved average power
technique or in compliance with
paragraph (j)(5) of this section. In
measuring transmissions in this band
using an average power technique, the
peak-to-average ratio (PAR) of the
transmission may not exceed 13 dB.
(5) Peak transmit power must be
measured over any interval of
continuous transmission using
instrumentation calibrated in terms of
an rms-equivalent voltage. The
measurement results shall be properly
adjusted for any instrument limitations,
such as detector response times, limited
resolution bandwidth capability when
compared to the emission bandwidth,
VerDate Sep<11>2014
20:23 Apr 22, 2020
Jkt 250001
sensitivity, and any other relevant
factors, so as to obtain a true peak
measurement for the emission in
question over the full bandwidth of the
channel.
■ 22. Amend § 27.53 by adding
paragraph (l) to read as follows:
§ 27.53
Emission limits.
*
*
*
*
*
(l) 3.7 GHz Service. The following
emission limits apply to stations
transmitting in the 3700–3980 MHz
band:
(1) For base station operations in the
3700–3980 MHz band, the conducted
power of any emission outside the
licensee’s authorized bandwidth shall
not exceed ¥13 dBm/MHz. Compliance
with this paragraph (l)(1) is based on the
use of measurement instrumentation
employing a resolution bandwidth of 1
megahertz or greater. However, in the 1
megahertz bands immediately outside
and adjacent to the licensee’s frequency
block, a resolution bandwidth of at least
one percent of the emission bandwidth
of the fundamental emission of the
transmitter may be employed. The
emission bandwidth is defined as the
width of the signal between two points,
one below the carrier center frequency
and one above the carrier center
frequency, outside of which all
emissions are attenuated at least 26 dB
below the transmitter power.
(2) For mobile operations in the 3700–
3980 MHz band, the conducted power
of any emission outside the licensee’s
authorized bandwidth shall not exceed
¥13 dBm/MHz. Compliance with this
paragraph (l)(2) is based on the use of
measurement instrumentation
employing a resolution bandwidth of 1
megahertz or greater. However, in the 1
megahertz bands immediately outside
and adjacent to the licensee’s frequency
block, the minimum resolution
bandwidth for the measurement shall be
either one percent of the emission
bandwidth of the fundamental emission
of the transmitter or 350 kHz. In the
bands between 1 and 5 MHz removed
from the licensee’s frequency block, the
minimum resolution bandwidth for the
measurement shall be 500 kHz. The
emission bandwidth is defined as the
width of the signal between two points,
one below the carrier center frequency
and one above the carrier center
frequency, outside of which all
emissions are attenuated at least 26 dB
below the transmitter power.
*
*
*
*
*
■ 23. Amend § 27.55 by adding
paragraph (d) to read as follows:
§ 27.55
*
PO 00000
*
Power strength limits.
*
Frm 00080
*
Fmt 4701
*
Sfmt 4700
(d) Power flux density for stations
operating in the 3700–3980 MHz band.
For base and fixed stations operation in
the 3700–3980 MHz band in accordance
with the provisions of § 27.50(j), the
power flux density (PFD) at any location
on the geographical border of a
licensee’s service area shall not exceed
¥76 dBm/m2/MHz. This power flux
density will be measured at 1.5 meters
above ground. Licensees in adjacent
geographic areas may voluntarily agree
to operate under a higher PFD at their
common boundary.
■ 24. Amend § 27.57 by revising
paragraph (c) to read as follows:
§ 27.57
International coordination.
*
*
*
*
*
(c) Operation in the 1695–1710 MHz,
1710–1755 MHz, 1755–1780 MHz,
1915–1920 MHz, 1995–2000 MHz,
2000–2020 MHz, 2110–2155 MHz,
2155–2180 MHz, 2180–2200 MHz, and
3700–3980 MHz bands is subject to
international agreements with Mexico
and Canada.
■ 25. Amend § 27.75 by adding
paragraph (a)(3) to read as follows:
§ 27.75
Basic interoperability requirement.
(a) * * *
(3) Mobile and portable stations that
operate on any portion of frequencies in
the 3700–3980 MHz band must be
capable of operating on all frequencies
in the 3700–3980 MHz band using the
same air interfaces that the equipment
utilizes on any frequencies in the 3700–
3980 MHz band.
*
*
*
*
*
■ 26. Add subpart O to read as follows:
Subpart O—3.7 GHz Service (3700–
3980 MHz)
Sec.
27.1401 Licenses in the 3.7 GHz Service
are subject to competitive bidding.
27.1402 Designated entities in the 3.7 GHz
Service.
27.1411 Transition of the 3700–3980 MHz
band to the 3.7 GHz Service.
27.1412 Transition Plan.
27.1413 Relocation Coordinator.
27.1414 Relocation Payment
Clearinghouse.
27.1415 Documentation of expenses.
27.1416 Reimbursable costs.
27.1417 Reimbursement fund.
27.1418 Payment obligations.
27.1419 Lump sum payment for earth
station opt out.
27.1420 Cost-sharing formula.
27.1421 Disputes over costs and costsharing.
27.1422 Accelerated relocation payments.
27.1423 Protection of incumbent
operations.
27.1424 Agreements between 3.7 GHz
Service licensees and C-Band earth
station operators.
E:\FR\FM\23APR2.SGM
23APR2
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
§ 27.1401 Licenses in the 3.7 GHz Service
are subject to competitive bidding.
Mutually exclusive initial
applications for licenses in the 3.7 GHz
Service are subject to competitive
bidding. The general competitive
bidding procedures set forth in 47 CFR
part 1, subpart Q, will apply unless
otherwise provided in this subpart.
§ 27.1402 Designated entities in the 3.7
GHz Service.
(a) Eligibility for small business
provisions—(1) Definitions—(i) Small
business. A small business is an entity
that, together with its affiliates, its
controlling interests, and the affiliates of
its controlling interests, has average
gross revenues not exceeding $55
million for the preceding five (5) years.
(ii) Very small business. A very small
business is an entity that, together with
its affiliates, its controlling interests,
and the affiliates of its controlling
interests, has average gross revenues not
exceeding $20 million for the preceding
five (5) years.
(2) Bidding credits. A winning bidder
that qualifies as a small business, as
defined in this section, or a consortium
of such small businesses as provided in
§ 1.2110(c)(6) of this chapter, may use a
bidding credit of 15 percent, subject to
the cap specified in § 1.2110(f)(2)(ii) of
this chapter. A winning bidder that
qualifies as a very small business, as
defined in this section, or a consortium
of such very small businesses as
provided in § 1.2110(c)(6) of this
chapter, may use a bidding credit of 25
percent, subject to the cap specified in
§ 1.2110(f)(2)(ii) of this chapter.
(b) Eligibility for rural service provider
bidding credit. A rural service provider,
as defined in § 1.2110(f)(4)(i) of this
chapter, that has not claimed a small
business bidding credit may use the
bidding credit of 15 percent specified in
§ 1.2110(f)(4) of this chapter.
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§ 27.1411 Transition of the 3700–3980 MHz
band to the 3.7 GHz Service.
(a) Transition of the 3700–3798 MHz
Band. The 3700–3980 MHz band is
being transitioned in the lower 48
contiguous states and the District of
Columbia from geostationary satellite
orbit (GSO) fixed-satellite service
(space-to-Earth) and fixed service
operations to the 3.7 GHz Service.
(b) Definitions—(1) Incumbent space
station operator. An incumbent space
station operator is defined as a space
station operator authorized to provide
C-band service to any part of the
contiguous United States pursuant to an
FCC-issued license or grant of market
access as of June 21, 2018.
(2) Eligible space station operator. For
purposes of determining eligibility to
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receive reimbursement for relocation
costs incurred as a result of the
transition of FSS operations to the
4000–4200 MHz band, an eligible space
station operators may receive
reimbursement for relocation costs
incurred as a result of the transition of
FSS operations to the 4000–4200 MHz
band. An eligible space station operator
is defined as an incumbent space station
operator that has demonstrated as of
February 1, 2020, that it has an existing
relationship to provide service via Cband satellite transmission to one or
more incumbent earth stations in the
contiguous United States. Such existing
relationships may be directly with the
incumbent earth station, or indirectly
through content distributors or other
entities, so long as the relationship
requires the provision of C-band
satellite services to one or more specific
incumbent earth stations in the
contiguous United States.
(3) Incumbent earth station. An
incumbent earth station for this subpart
is defined as an earth station that is
entitled to interference protection
pursuant to § 25.138(c) of this chapter.
An incumbent earth station must
transition above 4000 MHz pursuant to
this subpart. An incumbent earth station
will be able to continue receiving
uninterrupted service both during and
after the transition.
(4) Earth station migration. Earth
station migration includes any
necessary changes that allow the
uninterrupted reception of service by an
incumbent earth station on new
frequencies in the upper portion of the
band, including, but not limited to
retuning and repointing antennas, ‘‘dual
illumination’’ during which the same
programming is simultaneously
downlinked over the original and new
frequencies, and the installation of new
equipment or software at earth station
uplink and/or downlink locations for
customers identified for technology
upgrades necessary to facilitate the
repack, such as compression technology
or modulation.
(5) Earth station filtering. A passband
filter must be installed at the site of each
incumbent earth station at the same
time or after it has been migrated to new
frequencies to block signals from
adjacent channels and to prevent
harmful interference from licensees in
the 3.7 GHz Service. Earth station
filtering can occur either simultaneously
with, or after, the earth station
migration, or can occur at any point
after the earth station migration so long
as all affected earth stations in a given
Partial Economic Area and surrounding
areas are filtered prior to a licensee in
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the 3.7 GHz Service commencing
operations.
(6) Contiguous United States
(CONUS). For the purposes of the rules
established in this subpart, contiguous
United States consists of the contiguous
48 states and the District of Columbia as
defined by Partial Economic Areas Nos.
1–41, 43–211, 213–263, 265–297, 299–
359, and 361–411, which includes areas
within 12 nautical miles of the U.S. Gulf
coastline (see § 27.6(m)). In this context,
the rest of the United States includes the
Honolulu, Anchorage, Kodiak,
Fairbanks, Juneau, Puerto Rico, GuamNorthern Mariana Islands, U.S. Virgin
Islands, American Samoa, and the Gulf
of Mexico PEAs.
(7) Relocation Payment
Clearinghouse. A Relocation Payment
Clearinghouse is a neutral, independent
third-party to administer the cost
management for the transition of the
3700–4000 MHz band from the Fixed
Satellite Service and Fixed Service to
the 3.7 GHz Service.
(8) Relocation Coordinator. A
Relocation Coordinator is a third party
that will ensure that all incumbent
space station operators are relocating in
a timely matter, and that is selected
consistent with § 27.1413. The
Relocation Coordinator will have
technical experience in understanding
and working on earth stations and will
manage the migration and filtering of
incumbent earth stations of eligible
space station operators that decline
accelerated relocation payment.
§ 27.1412
Transition Plan.
(a) Relocation deadlines. Eligible
space station operators are responsible
for all necessary actions to clear their
transponders from the 3700–4000 MHz
band (e.g., launching new satellites,
reprogramming transponders,
exchanging customers) and to migrate
the existing services of incumbent earth
stations in CONUS to the 4000–4200
MHz band (unless the incumbent earth
station opts out of the formal relocation
process, per paragraph (e) of this
section), as of December 5, 2025.
Eligible space station operators that fail
to do so will be in violation of the
conditions of their license authorization
and potentially subject to forfeitures and
other sanctions.
(b) Accelerated relocation deadlines.
An eligible space station operator shall
qualify for accelerated relocation
payments by completing an early
transition of the band to the 3.7 GHz
Service.
(1) Phase I deadline. An eligible space
station operator shall receive an
accelerated relocation payment if it
clears its transponders from the 3700–
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3820 MHz band and migrates all
associated incumbent earth stations in
CONUS above 3820 MHz no later than
December 5, 2021 (Phase I deadline). To
satisfy the Phase I deadline, an eligible
space station operator must also provide
passband filters to block signals from
the 3700–3820 MHz band on all
associated incumbent earth stations in
PEAs 1–4, 6–10, 12–19, 21–41, and 43–
50 no later than December 5, 2021 (see
§ 27.6(m)). If an eligible space station
operator receives an accelerated
relocation payment for meeting this
deadline, it must also satisfy the second
early clearing deadline of December 5,
2023.
(2) Phase II deadline. An eligible
space station operator shall receive an
accelerated relocation payment if it
clears its transponders from the 3700–
4000 MHz band and migrates incumbent
earth stations in CONUS above 4000
MHz no later than December 5, 2023
(Phase II deadline). To satisfy the Phase
II deadline, an eligible space station
operator must also provide passband
filters on all associated incumbent earth
stations in CONUS no later than
December 5, 2023.
(3) Transition delays. An eligible
space station operator shall not be held
responsible for circumstances beyond
their control related to earth station
migration or filtering.
(i) An eligible space station operator
must submit a notice of any incumbent
earth station transition delays to the
Wireless Telecommunications Bureau
within 7 days of discovering an inability
to accomplish the assigned earth station
transition task. Such a request must
include supporting documentation to
allow for resolution as soon as
practicable and must be submitted
before the accelerated relocation
deadlines.
(4) Responsibility for meeting
accelerated relocation deadlines. An
eligible space station operator’s
satisfaction of the accelerated relocation
deadlines shall be determined on an
individual basis.
(c) Accelerated relocation election. An
eligible space station operator may elect
to receive accelerated relocation
payments to transition the 3700–4000
MHz band to the 3.7 GHz Service
according to the Phase I and Phase II
deadlines via a written commitment by
filing an accelerated relocation election
in GN Docket No. 18–122 no later than
May 29, 2020.
(1) The Wireless Telecommunications
Bureau will prescribe the precise form
of such election via Public Notice no
later than May 12, 2020.
(2) Each eligible space station
operator that that makes an accelerated
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relocation election will be required, as
part of its filing of this accelerated
relocation election, to commit to paying
the administrative costs of the
Clearinghouse until the Commission
awards licenses to the winning bidders
in the auction, at which time those
administrative costs will be repaid to
those space station operators.
(d) Transition Plan. Eligible space
station operators must file with the
Commission in GN Docket No. 18–122
no later than June 12, 2020, a Transition
Plan that describes the actions that must
be taken to clear transponders on space
stations and to migrate and filter earth
stations. Eligible space station operators
must make any necessary updates or
resolve any deficiencies in their
individual Transition Plans by August
14, 2020.
(1) The Transition Plan must detail
the eligible space station operator’s
individual timeline and necessary
actions for clearing its transponders
from the 3700–4000 MHz band,
including:
(i) All existing space stations with
operations that will need to be
transitioned to operations above 4000
MHz;
(ii) The number of new satellites, if
any, that the space station operator will
need to launch in order to maintain
sufficient capacity post-transition,
including detailed descriptions of why
such new satellites are necessary;
(iii) The specific grooming plan for
migrating existing services above 4000
MHz, including the pre- and posttransition frequencies that each
customer will occupy;
(iv) Any necessary technology
upgrades or other solutions, such as
video compression or modulation, that
the space station operator intends to
implement;
(v) The number and location of
incumbent earth stations antennas
currently receiving the space station
operator’s transmissions that will need
to be transitioned above 4000 MHz;
(vi) An estimate of the number and
location of incumbent earth station
antennas that will require retuning and/
or repointing in order to receive content
on new transponder frequencies posttransition; and
(vii) The specific timeline by which
the space station operator will
implement the actions described in its
plan including any commitments to
satisfy an early clearing.
(2) To the extent that incumbent earth
stations are not accounted for in eligible
space station operators’ Transition
Plans, the Relocation Coordinator must
prepare an Earth Station Transition Plan
for such incumbent earth stations and
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may require each associated space
station operator to file the information
needed for such a plan with the
Relocation Coordinator.
(i) Where space station operators do
not elect to clear by the accelerated
relocation deadlines and therefore are
not responsible for earth station
relocation, the Earth Station Transition
Plan must provide timelines that ensure
all earth station relocation is completed
no later than the relocation deadline.
(ii) The Relocation Coordinator will
describe and recommend the respective
responsibility of each party for earth
station migration and filtering
obligations in the Earth Station
Transition Plan and assist incumbent
earth stations in transitioning including,
for example, by installing filters or
hiring a third party to install such filters
to the extent necessary.
(e) Incumbent earth station opt-out.
An incumbent earth station within the
contiguous United States may opt out of
the formal relocation process and accept
a lump sum payment equal to the
estimated reasonable transition costs of
earth station migration and filtering, as
determined by the Wireless
Telecommunications Bureau, in lieu of
actual relocation costs. Such an
incumbent earth station is responsible
for coordinating with the relevant space
station operator as necessary and
performing all relocation actions on its
own, including switching to alternative
transmission mechanisms such as fiber,
and it will not receive further
reimbursement for any costs exceeding
the lump sum payment. An incumbent
earth station electing to opt out must
inform the appropriate space station
operator(s) and the Relocation
Coordinator that earth station migration
and filtering will not be necessary for
the relevant earth station site and must
coordinate with operators to avoid any
disruption of video and radio
programming.
(f) Space station status reports. On a
quarterly basis, beginning December 31,
2020: Each eligible space station
operator must provide a status report of
its clearing efforts. Eligible space station
operators may file joint status reports.
(g) Certification of accelerated
relocation. Each eligible space station
operator must file a timely certification
that it has completed the necessary
clearing actions to satisfy each
accelerated relocation deadline. The
certification must be filed once the
eligible space station operator completes
its obligations but no later than the
applicable accelerated relocation
deadline. The Wireless
Telecommunication Bureau will
prescribe the form of such certification.
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(1) The Bureau, Clearinghouse, and
relevant stakeholders will have the
opportunity to review the certification
of accelerated relocation and identify
potential deficiencies. The Wireless
Telecommunications Bureau will
prescribe the form of any challenges by
relevant stakeholders as to the validity
of the certification and will establish the
process for how such challenges will
impact the incremental decreases in the
accelerated relocation payment as setforth in § 27.1422(d).
(2) If credible challenges as to the
space station operator’s satisfaction of
the relevant deadline are made, the
Bureau will issue a public notice
identifying such challenges and will
render a final decision as to the validity
of the certification no later than 60 days
from its filing. Absent notice from the
Bureau of any such deficiencies within
30 days of the filing of the certification,
the certification of accelerated
relocation will be deemed validated.
(h) Delegated authority. The Wireless
Telecommunications Bureau is
delegated the role of providing
clarifications or interpretations to
eligible space station operators of the
Commission’s orders for all aspects of
the transition.
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§ 27.1413
Relocation Coordinator.
(a) Search committee. If eligible space
station operators elect to receive
accelerated relocation payments no later
than May 29, 2020, so that a
supermajority (80%) of accelerated
relocation payments are accepted, each
such electing eligible space station
operator shall be eligible to appoint one
member to a search committee that will
seek proposals for a third-party with
technical experience in understanding
and working on earth stations to serve
as a Relocation Coordinator and to
manage the migration and filtering of
incumbent earth stations of eligible
space station operators that decline
accelerated relocation payment.
(1) The search committee should
proceed by consensus; however, if a
vote on selection of a Relocation
Coordinator is required, it shall be by a
supermajority (80%).
(i) The search committee shall notify
the Commission of its choice of
Relocation Coordinator.
(ii) The Wireless Telecommunications
Bureau shall issue a Public Notice
inviting comment on whether the entity
selected satisfies the criteria established
in paragraph (b) of this section and issue
a final order announcing whether the
criteria has been satisfied;
(iii) Should the Wireless
Telecommunications Bureau be unable
to find the criteria have been satisfied,
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the selection process will start over and
the search committee will submit a new
proposed entity.
(2) If eligible space station operators
select a Relocation Coordinator, they
shall be responsible for paying its costs.
(3) In the event that the search
committee fails to select a Relocation
Coordinator and to notify the
Commission by July 31, 2020, or in the
case that at least 80% of accelerated
relocation payments are not accepted
(and thus accelerated relocation is not
triggered):
(i) The search committee will be
dissolved without further action by the
Commission.
(ii) The Commission will initiate a
procurement of a Relocation
Coordinator to facilitate the transition.
Specifically, the Office of the Managing
Director will initiate the procurement,
and the Wireless Telecommunications
Bureau will take all other necessary
actions to meet the accelerated
relocation deadlines (to the extent
applicable to any given operator) and
the relocation deadline.
(iii) In the case that the Wireless
Telecommunications Bureau selects the
Relocation Coordinator, overlay
licensees will, collectively, pay for the
services of the Relocation Coordinator
and staff. The Relocation Coordinator
shall submit its own reasonable costs to
the Relocation Clearinghouse, who will
then collect payments from overlay
licensees. It shall also provide
additional financial information as
requested by the Bureau to satisfy the
Commission’s oversight responsibilities
and/or agency specific/governmentwide reporting obligations.
(b) Relocation Coordinator criteria.
The Relocation Coordinator must be
able to demonstrate that it has the
requisite expertise to perform the duties
required, which will include:
(1) Coordinating the schedule for
clearing the band;
(2) Performing engineering analysis,
as necessary to determine necessary
earth station migration actions;
(3) Assigning obligations, as
necessary, for earth station migrations
and filtering;
(4) Coordinating with overlay
licensees throughout the transition
process;
(5) Assessing the completion of the
transition in each PEA and determining
overlay licensees’ ability to commence
operations; and
(6) Mediating scheduling disputes.
(c) Relocation Coordinator duties. The
Relocation Coordinator shall:
(1) Establish a timeline and take
actions necessary to migrate and filter
incumbent earth stations to ensure
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uninterrupted service during and
following the transition.
(2) Review the Transition Plans filed
by all eligible space station operators
and recommend any changes to those
plans to the Commission to the extent
needed to ensure a timely transition.
(3) To the extent that incumbent earth
stations are not accounted for in eligible
space station operators’ Transition
Plans, the Relocation Coordinator must
include those incumbent earth stations
in an Earth Station Transition Plan.
(i) May require each associated space
station operator to file the information
needed for such a plan with the
Relocation Coordinator.
(ii) Will describe and recommend the
respective responsibility of each party
for earth station migration obligations in
the Earth Station Transition Plan and
assist incumbent earth stations in
transitioning including, for example, by
installing filters or hiring a third party
to install such filters to the extent
necessary.
(4) Coordinate its operations with
overlay licensees.
(5) Be responsible for receiving notice
from earth station operators or other
satellite customers of any disputes
related to comparability of facilities,
workmanship, or preservation of service
during the transition and shall
subsequently notify the Wireless
Telecommunications Bureau of the
dispute and provide recommendations
for resolution.
(6) Must make real time disclosures of
the content and timing of and the
parties to communications, if any, from
or to applicants to participate in the
competitive bidding, as defined by
§ 1.2105(c)(5)(i) of this chapter
whenever the prohibition in § 1.2105(c)
of this chapter applies to competitive
bidding for licenses in the 3.7 GHz
Service.
(7) Incumbent space station operators
must cooperate in good faith with the
Relocation Coordinator throughout the
transition.
(d) Status reports. On a quarterly
basis, beginning December 31, 2020, the
Relocation Coordinator must provide a
report on the overall status of clearing
efforts.
(e) Document requests. The Wireless
Telecommunications Bureau, in
consultation with the Office of
Managing Director, may request any
documentation from the Relocation
Coordinator necessary to provide
guidance or carry out oversight.
§ 27.1414 Relocation Payment
Clearinghouse.
A Relocation Payment Clearinghouse
shall be selected and serve to administer
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the cost-related aspects of the transition
in a fair, transparent manner, pursuant
to Commission rules and oversight, to
mitigate financial disputes among
stakeholders, and to collect and
distribute payments in a timely manner
for the transition of the 3700–4000 MHz
band to the 3.7 GHz Service.
(a) Selection process. (1) A search
committee will select the Relocation
Payment Clearinghouse. The search
committee shall consist of member
appointed by each of following nine
entities: ACA Connects, Intelsat, SES,
Eutelsat S.A., National Association
Broadcasters, National Cable Television
Association, CTIA, Competitive Carriers
Association, and WISPA.
(2) The search committee shall
convene no later than June 22, 2020 and
shall notify the Commission of the
detailed selection criteria for the
position of Relocation Payment
Clearinghouse no later than June 1,
2020. Such criteria must be consistent
with the qualifications, roles, and duties
of the Relocation Payment
Clearinghouse specified in this subpart.
The Wireless Telecommunications
Bureau (Bureau) is directed, on
delegated authority, to issue a Public
Notice notifying the public that the
search committee has published criteria,
outlining submission requirements, and
providing the closing dates for the
selection of the Relocation Payment
Clearinghouse and source (i.e., web
page).
(3) The search committee should
proceed by consensus; however, if a
vote on selection of a Relocation
Payment Clearinghouse is required, it
shall be by a majority.
(4) In the event that the search
committee fails to select a Relocation
Payment Clearinghouse and to notify
the Commission by July 31, 2020, the
search committee will be dissolved
without further action by the
Commission. In the event that the
search committee fails to select a
Clearinghouse and to notify the
Commission by July 31, 2020, two of the
nine members of the search committee
will be dropped therefrom by lot, and
the remaining seven members of the
search committee shall select a
Clearinghouse by majority vote by
August 14, 2020.
(5) During the course of the
Relocation Payment Clearinghouse’s
tenure, the Commission will take such
measures as are necessary to ensure
timely compliance, including, should it
become necessary, issuing subsequent
public notices to select new Relocation
Payment Clearinghouses(s).
(b) Selection criteria. (1) The
Relocation Payment Clearinghouse must
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be a neutral, independent entity with no
conflicts of interest (organizational or
personal) on the part of the organization
or its officers, directors, employees,
contractors, or significant
subcontractors.
(i) Organizational conflicts of interest
means that because of other activities or
relationships with other entities, the
Relocation Payment Clearinghouse, its
contractors, or significant
subcontractors are unable or potentially
unable to render impartial services,
assistance or advice; the Relocation
Payment Clearinghouse’s objectivity in
performing its function is or might be
otherwise impaired; or the Relocation
Payment Clearinghouse might gain an
unfair competitive advantage.
(ii) Personal conflict of interest means
a situation in which an employee,
officer, or director of the Relocation
Payment Clearinghouse, the Relocation
Payment Clearinghouse’s contractors or
significant subcontractors has a
financial interest, personal activity, or
relationship that could impair that
person’s ability to act impartially and in
the best interest of the transition when
performing their assigned role, or is
engaged in self-dealing.
(2) The Relocation Payment
Clearinghouse must be able to
demonstrate that it has the requisite
expertise to perform the duties required,
which will include collecting and
distributing relocation and accelerated
relocation payments, auditing incoming
and outgoing estimates, mitigating cost
disputes among parties, and generally
acting as clearinghouse.
(3) The search committee should
ensure that the Relocation Payment
Clearinghouse meets relevant best
practices and standards in its operation
to ensure an effective and efficient
transition. First, the Relocation Payment
Clearinghouse should be required, in
administering the transition, to:
(i) Engage in strategic planning and
adopt goals and metrics to evaluate its
performance;
(ii) Adopt internal controls for its
operations;
(iii) Utilize enterprise risk
management practices; and
(iv) Use best practices to protect
against improper payments and to
prevent fraud, waste and abuse in its
handling of funds. The Relocation
Payment Clearinghouse must be
required to create written procedures for
its operations, using the Government
Accountability Office’s Green Book to
serve as a guide in satisfying such
requirements.
(4) The search committee must also
ensure that the Relocation Payment
Clearinghouse adopts robust privacy
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and data security best practices in its
operations, given that it will receive and
process information critical to ensuring
a successful and expeditious transition.
(i) When the prohibition in § 1.2105(c)
of this chapter applies to competitive
bidding for licenses in the 3.7 GHz
service, the Relocation Payment
Clearinghouse must make real time
disclosures of the content and timing of
and the parties to communications, if
any, from or to applicants to participate
in the competitive bidding, as defined
by § 1.2105(c)(5)(i) of this chapter.
(ii) The Relocation Payment
Clearinghouse should also comply with,
on an ongoing basis, all applicable laws
and Federal Government guidance on
privacy and information security
requirements such as relevant
provisions in the Federal Information
Security Management Act, National
Institute of Standards and Technology
publications, and Office of Management
and Budget guidance.
(iii) The Relocation Payment
Clearinghouse must hire a third-party
firm to independently audit and verify,
on an annual basis, the Relocation
Payment Clearinghouse’s compliance
with privacy and information security
requirements and to provide
recommendations based on any audit
findings; to correct any negative audit
findings and adopt any additional
practices suggested by the auditor; and
to report the results to the Bureau.
(c) Reports and information. (1) The
Relocation Payment Clearinghouse must
provide quarterly reports that detail the
status of reimbursement funds available
for clearing obligations, the relocation
and accelerated relocation payments
issued, the amounts collected from
overlay licensees, and any certifications
filed by incumbents. The reports must
account for all funds spent to transition
the 3.7 GHz Service Band, including the
Relocation Payment Clearinghouse’s
own expenses, e.g., salaries and fees
paid to law firms, accounting firms, and
other consultants. The report shall
include descriptions of any disputes
and the manner in which they were
resolved.
(2) The Relocation Payment
Clearinghouse shall provide to the
Office of the Managing Director and the
Wireless Telecommunications Bureau,
by March 1 of each year, an audited
statement of funds expended to date,
including salaries and expenses of the
Clearinghouse.
(3) The Relocation Clearing House
shall provide to the Wireless
Telecommunications Bureau additional
information upon request.
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Documentation of expenses.
Parties seeking reimbursement of
compensable relocation costs must
document their actual expenses and the
Relocation Payment Clearinghouse, or a
third-party on behalf of the Relocation
Payment Clearinghouse, may conduct
audits of entities that receive
reimbursements. Entities receiving
reimbursements must make available all
relevant documentation upon request
from the Relocation Payment
Clearinghouse or its contractor.
§ 27.1416
Reimbursable costs.
(a) Determining reimbursable costs.
The Relocation Payment Clearinghouse
shall review reimbursement requests to
determine whether they are reasonable
and to ensure they comply with the
requirements adopted in this sub-part.
The Relocation Payment Clearinghouse
shall give parties the opportunity to
supplement any reimbursement claims
that the Relocation Payment
Clearinghouse deems deficient.
Reimbursement submissions that fall
within the estimated range of costs in
the cost category schedule issued by the
Wireless Telecommunications Bureau
shall be presumed reasonable. If the
Relocation Payment Clearinghouse
determines that the amount sought for
reimbursement is unreasonable, it shall
notify the party of the amount it deems
eligible for reimbursement. The
Wireless Telecommunications Bureau
shall make further determinations
related to reimbursable costs, as
necessary, throughout the transition
process.
(b) Payment procedures. Following a
determination of the reimbursable
amount, the Relocation Payment
Clearinghouse shall incorporate
approved claims into invoices, which it
shall issue to each licensee indicating
the amount to be paid. The Relocation
Payment Clearinghouse shall pay
approved claims within 30 days of
invoice submission. The Relocation
Payment Clearinghouse shall also
include its own reasonable costs in the
invoices.
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§ 27.1417
Reimbursement fund.
The Relocation Payment
Clearinghouse will establish and
administer an account that will fund the
costs for the transition of this band to
the 3.7 GHz Service after an auction for
the 3.7 GHz Service concludes.
Licensees in the 3.7 GHz Service shall
pay their pro rata share of six months’
worth of estimated transition costs into
a reimbursement fund, administered by
the Relocation Payment Clearinghouse,
shortly after the auction and then every
six months until the transition is
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complete. The Relocation Payment
Clearinghouse shall draw from the
reimbursement fund to pay approved,
invoiced claims, consistent with
§ 27.1418. If the reimbursement fund
does not have sufficient funds to pay
approved claims before a six-month
replenishment, the Relocation Payment
Clearinghouse shall provide 3.7 GHz
Service licensees with 30 days’ notice of
the additional pro rata shares they must
contribute. At the end of the transition,
the Relocation Payment Clearinghouse
shall refund any unused amounts to 3.7
GHz Service licensees according to their
pro rata shares.
§ 27.1418
Payment obligations.
(a) Each eligible space station operator
is responsible for the payment of its
own satellite transition costs until the
auction winners have been announced.
(b) Licensees in the 3.7 GHz Service
shall pay their pro rata share of:
(1) The reasonable costs of the
Relocation Payment Clearinghouse and,
in the event the Wireless
Telecommunications Bureau selects the
Relocation Coordinator, the services of
the Relocation Coordinator and its staff;
(2) The actual relocation costs,
provided that they are not unreasonable,
for eligible space station operators and
incumbent fixed service licensees; the
actual transition costs, provided they
are not unreasonable, associated with
the necessary migration and filtering of
incumbent earth stations;
(3) Any lump sum payments, if
elected by incumbent earth station
operators in lieu of actual relocation
costs; and
(4) Specified accelerated relocation
payments for space station operators
that clear on an accelerated timeframe.
Licensees in the 3.7 GHz Service shall
be responsible for the full costs of space
station transition, the Relocation
Payment Clearinghouse, and, if selected
and established by the Wireless
Telecommunications Bureau, the
Relocation Coordinator, based on their
pro rata share of the total auction bids
of each licensee’s gross winning bids in
the auction overall; they shall be
responsible for incumbent earth station
and incumbent fixed service transition
costs in a Partial Economic Area based
on their pro rata share of the total gross
bids for that Partial Economic Area.
(c) Following the auction, and every
six months until the close of the
transition, licensees in the 3.7 GHz
Service shall submit their portion of
estimated transition costs to a
reimbursement fund, and the Relocation
Payment Clearinghouse will reimburse
parties incurring transition costs. If
actual costs exceed estimated costs, the
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Relocation Payment Clearinghouse shall
perform a true-up for additional funds
from 3.7 GHz Service licensees.
(d) If 3.7 GHz band license is
relinquished to the Commission prior to
all relocation cost reimbursements and
accelerated relocation payments being
paid, the remaining payments will be
distributed among other similarly
situated 3.7 GHz band licensees. If a
new license is issued for the previously
relinquished rights prior to final
payments becoming due, the new 3.7
GHz band licensee will be responsible
for the same pro rata share of relocation
costs and accelerated relocation
payments as the initial 3.7 GHz band
license. If a 3.7 GHz band licensee sells
its rights on the secondary market, the
new 3.7 GHz band licensee will be
obligated to fulfill all payment
obligations associated with the license.
§ 27.1419 Lump sum payment for earth
station opt out.
The Wireless Telecommunications
Bureau shall announce a lump sum that
will be available per each incumbent
earth station that elects to opt out from
the formal relocation process, per
§ 27.1412(e), as well as the process for
electing lump sum payments.
Incumbent earth station owners must
make the lump sum payment election
no later than 30 days after the Bureau
announces the lump sum payment
amounts, and must indicate whether
each incumbent earth station for which
it elects the lump sum payment will be
transitioned to the upper 200 megahertz
in order to maintain C-band services or
will discontinue C-band services.
§ 27.1420
Cost-sharing formula.
(a) For space station transition and
Relocation Payment Clearinghouse
costs, and in the event the Wireless
Telecommunications Bureau selects a
Relocation Coordinator pursuant to
§ 27.1413(a), Relocation Coordinator
costs, the pro rata share of each flexibleuse licensee will be the sum of the final
clock phase prices (P) for the set of all
license blocks that a bidder wins
divided by the total final clock phase
prices for all N license blocks sold in
the auction. To determine a licensee’s
reimbursement obligation (RO), that pro
rata share would then be multiplied by
the total eligible reimbursement costs
(RC). Mathematically, this is
represented as:
RO= (
LiElpi)
p
X RC
~ff
L..1=1 j
(b) For incumbent earth stations and
fixed service incumbent licensee
transition costs, a flexible-use licensee’s
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pro rata share will be determined on a
PEA-specific basis, based on the final
clock phase prices for the license blocks
it won in each PEA. To calculate the pro
rata share for incumbent earth station
transition costs in a given PEA, the same
formula identified in § 27.1412(a) will
be used, except I is the set of licenses
a bidder won in the PEA, N is the total
blocks sold in the PEA and RC is the
PEA-specific earth station and fixed
service relocation costs.
(c) For the Phase I accelerated
relocation payments, the pro rata share
of each flexible use licensee of the 3.7
to 3.8 MHz in the 46 PEAs that are
cleared by December 5, 2021, will be the
sum of the final clock phase prices (P)
that the licensee won divided by the
total final clock phase prices for all M
license blocks sold in those 46 PEAs. To
determine a licensee’s RO the pro rata
share would then be multiplied by the
total accelerated relocation payment due
for Phase I, A1. Mathematically, this is
represented as:
RO
= ( ~¥
LiEI pi
p )
L..1=1
XA1
j
(d) For Phase II accelerated relocation
payments, the pro rata share of each
flexible use licensee will be the sum of
the final clock phase prices (P) that the
licensee won in the entire auction,
divided by the total final clock phase
prices for all N license blocks sold in
the auction. To determine a licensee’s
RO the pro rata share would then be
multiplied by the total accelerated
relocation payment due for Phase II, A2.
Mathematically, this is represented as:
RO
LiEI Pi)
( ~l"f
p
L..1=1
§ 27.1421
sharing.
X
A2
j
Disputes over costs and cost-
(a) Parties disputing a cost estimate,
cost invoice, or payment or cost-sharing
obligation must file an objection with
the Relocation Payment Clearinghouse.
(b) The Relocation Payment
Clearinghouse may mediate any
disputes regarding cost estimates or
payments that may arise in the course
of band reconfiguration; or refer the
disputant parties to alternative dispute
resolution fora.
(1) Any dispute submitted to the
Relocation Payment Clearinghouse, or
other mediator, shall be decided within
30 days after the Relocation Payment
Clearinghouse has received a
submission by one party and a response
from the other party.
(2) Thereafter, any party may seek
expedited non-binding arbitration,
which must be completed within 30
days of the recommended decision or
advice of the Relocation Payment
Clearinghouse or other mediator.
(3) The parties will share the cost of
this arbitration if it is before the
Relocation Payment Clearinghouse.
(c) Should any issues still remain
unresolved, they may be referred to the
Bureau within ten days of
recommended decision or advice of the
Relocation Payment Clearinghouse or
other mediator and any decision of the
Relocation Payment Clearinghouse can
be appealed to the Chief of the Bureau.
(1) When referring an unresolved
matter, the Relocation Payment
Clearinghouse shall forward the entire
record on any disputed issues,
including such dispositions thereof that
the Relocation Payment Clearinghouse
has considered.
(2) Upon receipt of such record and
advice, the Bureau will decide the
disputed issues based on the record
submitted. The Bureau is directed to
resolve such disputed issues or
designate them for an evidentiary
hearing before an Administrative Law
Judge. If the Bureau decides an issue,
any party to the dispute wishing to
appeal the decision may do so by filing
with the Commission, within ten days
of the effective date of the initial
decision, a Petition for de novo review;
whereupon the matter will be set for an
evidentiary hearing before an
Administrative Law Judge.
(3) Parties seeking de novo review of
a decision by the Bureau are advised
that, in the course of the evidentiary
hearing, the Commission may require
complete documentation relevant to any
disputed matters; and, where necessary,
and at the presiding judge’s discretion,
require expert engineering, economic or
other reports or testimony. Parties may
therefore wish to consider possibly less
burdensome and expensive resolution of
their disputes through means of
alternative dispute resolution.
§ 27.1422
Accelerated relocation payment.
(a) Eligible space station operators
that meet the applicable early-clearing
benchmark(s), as confirmed in their
Certification of Accelerated Relocation
set-forth in § 27.1412(g), will be eligible
for their respective accelerated
relocation payment.
(b) The Relocation Payment
Clearinghouse will distribute the
accelerated relocation payments
accordingly:
TABLE 1 TO PARAGRAPH (b)—ACCLERATED RELOCATION PAYMENT BY OPERATOR
Intelsat .......................................................................................................................
SES ............................................................................................................................
Eutelsat ......................................................................................................................
Telesat .......................................................................................................................
Star One ....................................................................................................................
$4,865,366,000
3,968,133,000
506,978,000
344,400,000
15,124,000
$1,197,842,000
976,945,000
124,817,000
84,790,000
3,723,000
$3,667,524,000
2,991,188,000
382,161,000
259,610,000
11,401,000
Totals ..................................................................................................................
9,700,001,000
2,388,117,000
7,311,884,000
(c) The Relocation Payment
Clearinghouse shall promptly notify 3.7
GHz Service licensees following
validation of the certification of
accelerated relocations as set-forth in
Section 27.1412(g). 3.7 GHz Service
licensees shall pay the accelerated
relocation payments to the
Clearinghouse within 60 days of the
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notice that eligible space station
operators have met their respective
accelerated clearing benchmark. The
Clearinghouse shall disburse accelerated
relocation payments to relevant space
station operators within seven days of
receiving the payment from overlay
licensees.
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(d) For eligible space station operators
that fail to meet either the Phase I or
Phase II benchmarks as of the relevant
accelerated relocation deadline, the
accelerated relocation payment will be
reduced according to the following
schedule of declining accelerated
relocation payments for the six months
following the relevant deadline:
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Phase II
payment
ER23AP20.009
Phase I
payment
Payment
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TABLE 2 TO PARAGRAPH (d)
Date of completion
Incremental
reduction
(percent)
By Deadline .............................................................................................................................................................
1–30 Days Late .......................................................................................................................................................
31–60 Days Late .....................................................................................................................................................
61–90 Days Late .....................................................................................................................................................
91–120 Days Late ...................................................................................................................................................
121–150 Days Late .................................................................................................................................................
151–180 Days Late .................................................................................................................................................
181+ Days Late .......................................................................................................................................................
........................
5
5
10
10
20
20
30
§ 27.1423 Protection of incumbent
operations.
(d) All 3.7 GHz Service licensees
operating on an adjacent channel to an
(a) To protect incumbent earth
incumbent TT&C earth station must
stations from out-of-band emissions
ensure that the aggregated power from
from fixed stations, base stations and
its operations meets an interference to
mobiles, the power flux density (PFD) of noise ratio (I/N) of ¥6 dB to the TT&C
any emissions within the 4000–4200
earth station receiver.
(e) To protect incumbent TT&C earth
MHz band must not exceed ¥124 dBW/
m2/MHz as measured at the earth station stations from blocking, the power flux
density (PFD) of any emissions within
antenna.
(b) To protect incumbent earth
the 3700–3980 MHz band must not
stations from blocking, the power flux
exceed ¥16 dBW/m2/MHz as measured
density (PFD) of any emissions within
at the TT&C earth station antenna.
the 3700–3980 MHz band must not
exceed ¥16 dBW/m2/MHz as measured § 27.1424 Agreements between 3.7 GHz
Service licensees and C-Band earth station
at the earth station antenna.
operators.
(c) All 3.7 GHz Service licensees,
The PFD limits in § 27.1423 may be
prior to initiating operations from any
modified
by the private agreement of
base or fixed station, must coordinate
licensees of 3.7 GHz Service and entities
cochannel frequency usage with all
operating earth stations in the 4000–
incumbent Telemetry, Tracking, and
4200 MHz band or TT&C operations in
Command (TT&C) earth stations within
the 3700–3980 MHz band. A licensee of
a 70 km radius. The licensee must
the 3.7 GHz Service who is a party to
ensure that the aggregated power from
such an agreement must maintain a
its operations meets an interference to
copy of the agreement in its station files
noise ratio (I/N) of ¥6 dB to the TT&C
and disclose it, upon request, to
earth station receiver. A base station’s
prospective license assignees,
operation will be defined as cochannel
transferees, or spectrum lessees, and to
when any of the 3.7 GHz Service
the Commission.
licensee’s authorized frequencies are
separated from the center frequency of
PART 101—FIXED MICROWAVE
the TT&C earth station by less than
SERVICES
150% of the maximum emission
bandwidth in use by the TT&C earth
■ 27. The authority citation for part 101
station.
continues to read as follows:
Accelerated
relocation
payment
(percent)
100
95
90
80
70
50
30
0
Authority: 47 U.S.C. 154, 303.
28. Amend § 101.3 by adding a
definition for ‘‘Contiguous United
States’’ in alphabetical order to read as
follows:
■
§ 101.3
Definitions.
*
*
*
*
*
Contiguous United States. For the
3700–4200 MHz band, the contiguous
United States consists of the contiguous
48 states and the District of Columbia as
defined by Partial Economic Areas Nos.
1–41, 43–211, 213–263, 265–297, 299–
359, and 361–411, which includes areas
within 12 nautical miles of the U.S. Gulf
coastline (see § 27.6(m) of this chapter).
In this context, the rest of the United
States includes the Honolulu,
Anchorage, Kodiak, Fairbanks, Juneau,
Puerto Rico, Guam-Northern Mariana
Islands, U.S. Virgin Islands, American
Samoa, and the Gulf of Mexico PEAs
(Nos. 42, 212, 264, 298, 360, 412–416).
*
*
*
*
*
29. Amend § 101.101 by revising the
table heading ‘‘Other’’ and the entry
‘‘3700–4200’’ and adding Note 2 to read
as follows:
■
§ 101.101
Frequency availability.
Radio service
Frequency
band
(MHz)
Common
carrier
(part 101)
*
*
3700–4200 ................................
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*
*
*
*
CC LTTS
*
*
*
*
*
*
*
*
VerDate Sep<11>2014
20:23 Apr 22, 2020
*
OFS
*
Broadcast
auxiliary
(part 74)
Other
(parts 15, 21, 22, 24, 25, 27,
74, 78 & 100)
*
..............................
*
SAT, ET
*
*
(2) Frequencies in this band are shared
with stations in the fixed satellite service
outside the contiguous United States.
Applications for new permanent or
temporary facilities in these bands will not
Notes
*
Private
radio
(part 101)
Jkt 250001
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*
Notes
*
(2).
*
be accepted for locations in the contiguous
United States. Licensees, as of April 19, 2018,
of existing permanent and temporary pointto-point Fixed Service links in the
contiguous United States have until
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December 5, 2023, to self-relocate their pointto-point links out of the 3,700–4,200 MHz
band. Such licensees may seek
reimbursement of their reasonable costs
based on the ‘‘comparable facilities’’ standard
used for the transition of microwave links out
of other bands, see § 101.73(d) of this chapter
(defining comparable facilities as facilities
possessing certain characteristics in terms of
throughput, reliability and operating costs)
subject to the demonstration requirements
and reimbursement administrative provisions
administrative provisions in part 27, subpart
O, of this chapter.
30. Amend § 101.147 by revising
Notes 8, 14, and 25 to paragraph (a) and
the heading of paragraph (h) to read as
follows:
■
§ 101.147
Frequency assignments.
Notes
*
*
*
*
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(8) This frequency band is shared with
station(s) in the Local Television
Transmission Service for locations outside
the contiguous United States and
applications for new permanent or temporary
facilities in this band will not be accepted for
locations in the contiguous United States.
Existing licensees as of April 19, 2018, for
permanent and temporary point-to-point
Fixed Service links in the contiguous United
States have until December 5, 2023, to self-
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20:23 Apr 22, 2020
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*
*
*
*
*
(14) Frequencies in this band are shared
with stations in the fixed satellite service. For
3,700–4,200 MHz, frequencies are only
available for locations outside the contiguous
United States and applications for new
permanent or temporary facilities in this
band will not be accepted for locations in the
contiguous United States. Existing licensees
as of April 19, 2018, of permanent and
temporary point-to-point Fixed Service links
in the contiguous United States have until
December 5, 2023, to self-relocate their pointto-point links out of the 3,700–4,200 MHz.
*
(a) * * *
*
relocate their point-to-point links out of the
3,700–4,200 MHz band. This frequency band
is also shared in the U.S. Possessions in the
Caribbean area, with stations in the
International Fixed Public
Radiocommunications Services.
*
*
*
*
(25) Frequencies in these bands are
available for assignment to television STL
stations. For 3,700–4,200 MHz, frequencies
are only available for locations outside the
contiguous United States and applications for
new permanent or temporary facilities in this
band will not be accepted for locations in the
contiguous United States. Existing licensees
as of April 19, 2018, of permanent and
temporary point-to-point Fixed Service links
in the contiguous United States have until
December 5, 2023, to self-relocate their pointto-point links out of the 3,700–4,200 MHz
band.
*
PO 00000
*
*
Frm 00088
*
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*
Sfmt 9990
(h) 3,700 to 4,200 MHz outside the
contiguous United States. * * *
*
*
*
*
*
31. Amend § 101.803 by revising Note
1 to paragraph (d) to read as follows:
■
§ 101.803
*
Frequencies.
*
*
(d) * * *
*
*
Notes
(1) This frequency band is shared with
stations in the Point to Point Microwave
Radio Service and, in United States
Possessions in the Caribbean area, with
stations in the International Fixed
Radiocommunications Services. For 3,700–
4,200 MHz frequencies are only available for
locations outside the contiguous United
States and applications for new permanent or
temporary facilities in this band will not be
accepted for locations in the contiguous
United States. In the contiguous United
States, licensees of existing licenses, as of
April 19, 2018, for permanent point-to-point
Fixed Service links have until December 5,
2023, to self-relocate their point-to-point
links out of the 3,700–4,200 MHz band.
*
*
*
*
*
[FR Doc. 2020–05164 Filed 4–22–20; 8:45 a.m.]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Rules and Regulations]
[Pages 22804-22890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05164]
[[Page 22803]]
Vol. 85
Thursday,
No. 79
April 23, 2020
Part II
Federal Communications Commission
-----------------------------------------------------------------------
47 CFR Parts 1, 2, 25, et al.
Expanding Flexible Use of the 3.7 to 4.2 GHz Band; Final Rule
Federal Register / Vol. 85 , No. 79 / Thursday, April 23, 2020 /
Rules and Regulations
[[Page 22804]]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 25, 27, and 101
[GN Docket No. 18-122; FCC 20-22; FRS 16548]
Expanding Flexible Use of the 3.7 to 4.2 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts rules to reform the use of the 3.7-4.2 GHz band,
also known as the C-Band. By repacking existing satellite operations
into the upper 200 megahertz of the band (and reserving a 20 megahertz
guard band), the Commission makes 280 megahertz of spectrum available
for flexible use throughout the contiguous United States, and does so
in a manner that ensures the continuous and uninterrupted delivery of
services currently offered in the band. The Commission will hold a
public auction to ensure that the public recovers a substantial portion
of the value of this resource. And the Commission schedules that
auction for later this year, with a robust transition schedule to
ensure that a significant amount of spectrum is made available quickly
for upcoming 5G deployments. This action is the next critical step in
advancing American leadership in 5G and implementing the Commission's
comprehensive 5G FAST Plan. The Commission modified the Report and
Order released on March 3, 2020 with an erratum released on March 27,
2020 and a second erratum released on April 16, 2020. The changes from
the first and second errata are included in this document.
DATES:
Effective date: June 22, 2020.
Compliance date: Compliance will not be required for Sec. Sec.
25.138(a) and (b); 25.147(a) through (c); 27.14(w)(1) through (4);
27.1412(b)(3)(i), (c) introductory text, (c)(2), (d)(1) and (2), and
(f) through (h); 27.1413(a)(2) and (3), (b), and (c)(3) and (7);
27.1414(b)(3), (b)(4)(i) and (iii), and (c)(1) through (3) and (6) and
(7); 27.1415; 27.1416(a); 27.1417; 27.1419; 27.1421; 27.1422(c);
27.1424; and 101.101, Note (2) until the Commission publishes a
document in the Federal Register announcing that compliance date.
ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Anna Gentry of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-7769 or
[email protected]. For information regarding the PRA information
collection requirements contained in this PRA, contact Cathy Williams,
Office of Managing Director, at (202) 418-2918 or
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order and Order of Proposed Modification in GN Docket No. 18-122,
FCC 20-22 adopted February 28, 2020 and released March 3, 2020. The
full text of the Report and Order and Order of Proposed Modification,
including all Appendices, is available for inspection and copying
during normal business hours in the FCC Reference Center, 445 12th
Street SW, Room CY-A257, Washington, DC 20554, or by downloading the
text from the Commission's website at https://docs.fcc.gov/public/attachments/FCC-20-22A1.pdf. Alternative formats are available for
people with disabilities (Braille, large print, electronic files, audio
format), by sending an email to [email protected] or calling the Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
The Commission will send a copy of this Report and Order and Order
of Proposed Modification in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act (RFA) requires that an agency
prepare a regulatory flexibility analysis for notice and comment
rulemakings, unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' Accordingly, the Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA) concerning the possible impact
of the rule changes contained in this Report and Order on small
entities. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (NPRM) released in
July 2018 in this proceeding (83 FR 44128, August 29, 2018). The
Commission sought written public comment on the proposals in the NPRM,
including comments on the IRFA. No comments were filed addressing the
IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
Paperwork Reduction Act
The requirements in Sec. Sec. 25.138(a) and (b); 25.147(a) through
(c); 27.14(w)(1) through (4); 27.1412(b)(3)(i), (c) introductory text,
(c)(2), (d)(1) through (2), and (f) through (h); 27.1413(a)(2) and (3),
(b), and (c)(3) and (7); 27.1414(b)(3), (b)(4)(i) and (iii), and (c)(1)
through (3) and (6) and (7); 27.1415; 27.1416(a); 27.1417; 27.1419;
27.1421; 27.1422(c); 27.1424; and 101.101, Note (2) constitute new or
modified collections subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. They will be submitted to the Office of
Management and Budget (OMB) for review under Section 3507(d) of the
PRA. OMB, the general public, and other Federal agencies will be
invited to comment on the new or modified information collection
requirements contained in this proceeding. In addition, the Commission
notes that, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought, but did not receive, specific comment on how the
Commission might further reduce the information collection burden for
small business concerns with fewer than 25 employees. The Commission
describes impacts that might affect small businesses, which includes
more businesses with fewer than 25 employees, in the Final Regulatory
Flexibility Analysis.
Congressional Review Act
The Commission will send a copy of this Report & Order to Congress
and the Government Accountability Office pursuant to the Congressional
Review Act. See 5 U.S.C. 801(a)(1)(A). In addition, the Commission will
send a copy of the Report and Order and Order of Proposed Modification,
including this FRFA, to the Chief Counsel for Advocacy of the SBA. A
copy of the Report and Order and Order of Proposed Modification, and
FRFA (or summaries thereof) will also be published in the Federal
Register.
Synopsis
I. Introduction
1. In this Report and Order, the Commission expands on its efforts
to close the digital divide and promote U.S. leadership in the next
generation of wireless services, including 5G wireless and other
advanced spectrum-based services, by reforming the use of the 3.7-4.2
GHz band, also known as the C-Band. By repacking existing satellite
operations into the upper 200 megahertz
[[Page 22805]]
of the band (and reserving a 20 megahertz guard band), the Commission
makes a significant amount of spectrum--280 megahertz or more than half
of the band--available for flexible use throughout the contiguous
United States, and does so in a manner that ensures the continuous and
uninterrupted delivery of services currently offered in the band. The
Commission will hold a public auction to ensure that the public
recovers a substantial portion of the value of this resource. And it
schedules that auction for later this year, with a robust transition
schedule to ensure that a significant amount of spectrum is made
available quickly for upcoming 5G deployments. This action is the next
critical step in advancing American leadership in 5G and implementing
the Commission's comprehensive strategy to Facilitate America's
Superiority in 5G Technology (the 5G FAST Plan).
II. Background
2. 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). With the ever-
increasing demand for more data on mobile networks, wireless network
operators increasingly have focused on adding data capacity. One
technique for adding capacity is to use smaller cell sizes--i.e., have
each base station provide coverage over a smaller area. Using mid-band
frequencies can be advantageous for deploying a higher density of base
stations. The decreased propagation distances at these frequencies
reduce the interference between base stations using the same frequency,
thereby allowing base stations to be more densely packed and increasing
the overall system capacity. Mid-band spectrum thus presents wireless
providers with the opportunity to deploy base stations using smaller
cells to achieve higher spectrum reuse than the lower frequency bands
while still providing indoor coverage. In addition, mid-band spectrum
offers more favorable propagation characteristics relative to higher
bands for fixed wireless broadband services in less densely populated
areas. Given these characteristics, the Commission expects mid-band
spectrum to play a prime role in next-generation wireless services,
including 5G.
3. For these same reasons, mid-band spectrum was a key focus of
Congress in the Making Opportunities for Broadband Investment and
Limiting Excessive and Needless Obstacles to Wireless Act (MOBILE NOW
Act), when it considered how to address the pressing need for more
spectrum for wireless broadband. Specifically, Section 605(b) of the
MOBILE NOW Act requires the Commission to evaluate ``the feasibility of
allowing commercial wireless services, licensed or unlicensed, to use
or share use of the frequencies between 3700 megahertz and 4200
megahertz.'' The MOBILE NOW Act also requires that, no later than
December 31, 2022, the Secretary of Commerce and the Commission
``identify a total of at least 255 megahertz of Federal and non-Federal
spectrum for mobile and fixed wireless broadband use.'' In making 255
megahertz available, the MOBILE NOW Act provides that 100 megahertz
below 8 GHz shall be identified for unlicensed use, 100 megahertz below
6 GHz shall be identified for use on an exclusive, flexible-use,
licensed basis for commercial mobile use, and 55 megahertz below 8 GHz
shall be identified for licensed, unlicensed, or a combination of uses.
4. The United States is not alone in recognizing the potential of
mid-band spectrum for 5G. International governing bodies and several
other countries likewise are reviewing the suitability of a number of
frequency bands for next generation 5G wireless services, including the
3.7-4.2 GHz bands. For example, the Radio Spectrum Policy Group of the
European Commission issued a mandate to the European Conference of
Postal and Telecommunications Administrations (CEPT) that the 3.4-3.8
GHz band be the first primary band for 5G, and CEPT currently is
developing a report that will provide recommendations for updating the
European regulatory framework for this band. A number of European
governments are taking actions to make parts of the band available for
5G. Germany intends to make the 3.4-3.8 GHz band available by the end
of 2021. In December 2019, France announced the procedures for awarding
licenses in the 3.4-3.8 GHz band, which it allocated as a ``core'' 5G
band, consistent with the European Commission's guidance. And the
Austrian government held its first auction of 5G licenses in the 3.4-
3.8 GHz band in the spring of 2019. There is also significant interest
in parts of the band in Asia and in Australia. For example, the
Ministry of Internal Affairs and Communications in Japan awarded
licenses in the 3.6-4.1 GHz band for 5G in 2019. In August 2019,
Australia initiated an initial investigation of possible arrangements
for fixed and mobile broadband use in the 3.7-4.2 GHz band. And in
November 2018, the United Arab Emirates issued licenses in the 3.3-3.8
GHz band for the establishment of 5G networks.
A. Current Use of the 3.7-4.2 GHz Band and Adjacent Bands
5. The 3.7-4.2 GHz band currently is allocated in the United States
exclusively for non-Federal use on a primary basis for Fixed Satellite
Service (FSS) and Fixed Service. For FSS, the 3.7-4.2 GHz band (space-
to-Earth or downlink) is paired with the 5.925-6.425 GHz band (Earth-
to-space or uplink), and collectively these bands are known as the
``conventional C-band.'' Domestically, space station operators use the
3.7-4.2 GHz band to provide downlink signals of various bandwidths to
licensed transmit-receive, registered receive-only, and unregistered
receive-only earth stations throughout the United States. FSS operators
use this band to deliver programming to television and radio
broadcasters throughout the country and to provide telephone and data
services to consumers. The 3.7-4.2 GHz band is also used for reception
of telemetry signals transmitted from satellites to earth stations,
typically near the edges of the band, i.e., at 3.7 GHz or 4.2 GHz.
6. Satellites operating in the C-band typically have 24
transponders, each with a bandwidth of 36 megahertz. Thus, the 24
transponders on a satellite use 864 megahertz of spectrum, or 364
megahertz more than the 500 megahertz available. This is the result of
spectrum reuse--adjacent transponders overlap, and self-interference is
avoided by using opposite polarizations. Under existing rules, space
station operators in the 3.7-4.2 GHz band are authorized to use all 500
megahertz exclusively at any orbital slot, but non-exclusively in terms
of geographic coverage. Therefore, multiple FSS incumbents using
satellites deployed at different locations in the geostationary orbit
can transmit within overlapping geographic boundaries. Space stations
that serve or transmit signals into the U.S. market may also be
providing service to other countries.
7. For the Fixed Service in the 3.7-4.2 GHz band, 20 megahertz
paired channels are assigned for point-to-point common carrier or
private operational fixed microwave links. There are fewer than 100
fixed service licensees operating in the band.
8. Last year, in response to a Bureau-level public notice, space
station operators and earth station owners filed certifications and
information regarding their 3.7-4.2 GHz usage. Intelsat License
[[Page 22806]]
LCC (Intelsat), SES Americom, Inc. (SES), Eutelsat S.A. (Eutelsat) and
Telesat Canada, ABS Global (ABS), Hispamar S.A. (Hispasat), and Star
One S.A. (Star One) provided specific information on the existing C-
band downlink capacity and contracted use for 66 satellites authorized
to provide service in the 3.7-4.2 GHz band to the United States. In
March 2019, the most recent month of data collected, the combined FSS
downlink capacity and usage of those 66 satellites was, respectively,
59,427 megahertz and 33,138 megahertz in total with 19,961 megahertz of
usage providing service to the United States (i.e., 33.59% of the total
capacity of the 66 satellites). Intelsat, SES, Eutelsat, Telesat
Canada, and Star One have publicly disclosed the provision of service
to registered earth stations in the United States in the 3.7-4.2 GHz
band.
9. The spectrum band immediately below the 3.7-4.2 GHz band is
already authorized for commercial wireless operations. In 2015, the
Commission established the Citizens Broadband Radio Service in the
3.55-3.7 GHz band for shared use between commercial wireless operations
and incumbent operations--including military radar systems, non-federal
FSS earth stations, and, for a limited time, grandfathered wireless
broadband licensees in the 3.65-3.7 GHz band. Under the Commission's
rules, existing terrestrial wireless operations in the 3.65-3.7 GHz
band are grandfathered for up to five years or until the end of their
license term, whichever is longer. The Citizens Broadband Radio Service
is available for flexible wireless use and will support next generation
wireless services, including 5G. Spectrum at or below the 3.7 GHz band
is also used for reception of telemetry signals transmitted by
satellites. The band just above the 3.7-4.2 GHz band--4.2-4.4 GHz--is
allocated for aeronautical radionavigation using radio altimeters in
the United States. In 2015, the World Radio Conference added a global
co-primary allocation for wireless avionics intra-communications
systems. Radio altimeters are critical aeronautical safety-of-life
systems primarily used at altitudes under 2500 feet and must operate
without harmful interference. Wireless Avionics Intra-Communications
systems provide communications over short distances between points on a
single aircraft and are not intended to provide air-to-ground
communications or communications between two or more aircraft.
B. Procedural History
10. Mid-Band Notice of Inquiry.--In the NOI, the Commission began
an evaluation of whether spectrum between 3.7 GHz and 24 GHz could be
made available for flexible wireless use. The NOI sought comment in
particular on three mid-range bands that stakeholders had identified
for expanded flexible use (3.7-4.2 GHz, 5.925-6.425 GHz, and 6.425-
7.125 GHz), and it asked commenters to identify other mid-range
frequencies that may be suitable for expanded flexible use. The
Commission asked questions specific to the challenges and opportunities
presented by each band. For example, the Commission asked commenters to
identify options for more intensive fixed and mobile use in the 3.7-4.2
GHz band, including whether the band is desirable or suitable for
mobile use, whether the existing Fixed Service rules should be modified
to support more flexible and intensive fixed use, such as point-to-
multipoint services.
11. Freeze and Filing Window Public Notices.--In April 2018, the
Wireless Telecommunications, International, and Public Safety and
Homeland Security Bureaus announced a temporary freeze on the filing of
new or modified applications for earth station licenses, receive-only
earth station registrations, and fixed microwave licenses in the 3.7-
4.2 GHz band, in order to preserve the current landscape of authorized
operations in the band pending the Commission's consideration of the
issues raised in response to the NOI. In June 2018, the International
Bureau established a window ending October 17, 2018 (later extended to
October 31, 2018), for filing applications to license or register
existing earth stations in the 3.7-4.2 GHz frequency band as a limited
exception to the earth station application freeze. Further, the
International Bureau announced a temporary freeze on the filing of
certain space station applications, effective June 21, 2018.
12. Order and Notice of Proposed Rulemaking.--In July 2018, the
Commission adopted an Order and Notice of Proposed Rulemaking (83 FR
44128, Aug. 28, 2018) (Order and NPRM) in this proceeding. To enable
the Commission to make an informed decision about the proposals
discussed in the NPRM, the Order required certain parties to file
information about their operations--including information on the scope
of current FSS use of the band--and it noted that several of the
potential transition methods outlined in the NPRM might require
additional earth station or space station information.
13. In the NPRM, the Commission sought comment generally on the
future of incumbent use of the 3.7-4.2 GHz band and specifically on how
to define the classes of incumbents, including earth stations, space
stations, and point-to-point FS. The Commission sought comment on
revising its part 25 rules to limit eligibility to file applications
for earth station licenses or registrations to incumbent earth
stations, proposed to update International Bureau Filing System (IBFS)
to remove 3.7-4.2 GHz band earth station licenses or registrations for
which the licensee or registrant did not file the certifications
required in the Order (to the extent they were licensed or registered
before April 19, 2018), and sought comment on how to maintain the
accuracy of IBFS data. Regarding space stations, the Commission
proposed to revise its rules to bar new applications for space station
licenses and new petitions for market access concerning space-to-Earth
operations in the 3.7-4.2 GHz band. Given the limited number of point-
to-point Fixed Service licensees in the band, the Commission proposed
to sunset point-to-point Fixed Service use in the band, and it sought
comment on whether existing fixed links should be grandfathered or
transitioned out of the band over some time period, after which all
licenses would either be cancelled or modified to operate on a
secondary, non-interference basis.
14. The Commission also sought comment on the current and future
economic value of FSS in the band, on approaches for expanding flexible
and more intensive fixed use of the band without causing harmful
interference to incumbent operations, and on proposals to clear all or
part of the band for flexible use. More specifically, the Commission
sought comment on a variety of approaches for expanding flexible use in
the 3.7-4.2 GHz band, including market-based, auction-based, hybrid,
and other approaches to repurpose some or all of the band. The
Commission also sought comment on the appropriate band plan, as well as
the licensing, operating, and technical rules for any new flexible use
licenses in the band. In response to the NPRM, comments and reply
comments were due on October 29, 2018 and December 11, 2018,
respectively.
15. May Public Notice.--On May 3, 2019, the International and
Wireless Telecommunications Bureaus issued a public notice (84 FR
25514, June 3, 2019) (May 3 Public Notice) seeking comment on positions
taken by the C-Band Alliance, the Small Satellite
[[Page 22807]]
Operators, and T-Mobile. The May 3 Public Notice sought comment on the
enforceable interference protection rights, if any, granted to space
station operators against co-primary terrestrial operations and whether
those rights depend on the extent to which incumbent earth stations
receive their transmissions within the United States. The May 3 Public
Notice also sought comment on the enforceable interference protection
rights granted to licensed or registered receive-only earth station
operators against co-primary terrestrial operations and whether
registered receive-only earth station operators are eligible as
``licensee[s]'' under Section 309(j)(8)(G), to voluntarily relinquish
their rights to protection from harmful interference in the reverse
phase of an incentive auction. The May 3 Public Notice also asked
whether the Commission had authority to offer payments to such earth
stations to induce them to modify or relocate their facilities. The May
3 Public Notice also sought comment on the limits, if any, that Section
316 of the Act places on the proposals raised by the Commission in the
NPRM or by the commenters in this docket and on obligations, if any,
that Section 316 of the Act places on the Commission vis-[agrave]-vis
licensed or registered receive-only earth station operators.
16. July Public Notice.--On July 19, 2019, the Wireless
Telecommunications Bureau, International Bureau, Office of Engineering
and Technology, and Office of Economics and Analytics issued a public
notice (84 FR 35365, July 23, 2019) (July 19 Public Notice) seeking
comment on filings by: (1) ACA Connects--America's Communications
Association, the Competitive Carriers Association, Charter
Communications, Inc. (ACA Connects Coalition); (2) AT&T; and (3) the
Wireless internet Service Providers Association, Google, and Microsoft
(WISPA plan). In particular, the July 19 Public Notice sought comment
on ways to increase the efficient shared use of the C-band through the
submitted plans, the viability of ACA Connects Coalition's plan to move
all video programming to fiber, and the viability of fiber generally.
III. Report and Order
17. The Commission believes C-band spectrum for terrestrial
wireless uses will play a significant role in bringing next-generation
services like 5G to the American public and assuring American
leadership in the 5G ecosystem. The Commission takes action to make
this valuable spectrum resource available for new terrestrial wireless
uses as quickly as possible, while also preserving the continued
operation of existing FSS services during and after the transition. The
record in this proceeding makes clear that licensing mid-band spectrum
for flexible use will lead to substantial economic gains, with some
economists estimating billions of dollars in increases on spending, new
jobs, and America's economy. At the same time, the Commission also
recognizes the significant benefit to consumers provided by incumbent
FSS services throughout the United States. Because the Commission finds
that incumbent space station operators will be able to maintain the
same services in the upper 200 megahertz as they are currently
providing across the full 500 megahertz of C-band spectrum, the rules
adopted in this Report and Order will benefit the American public by
simultaneously preserving existing FSS services and making way for the
provision of next-generation wireless services throughout the
contiguous United States.
18. In this Report and Order, the Commission concludes that a
public auction of the lower 280 megahertz of the C-band will best carry
out the Commission's goals, and it adds a mobile allocation to the 3.7-
4.0 GHz band so that next-generation services like 5G can use the band.
Relying on the Emerging Technologies framework, the Commission adopts a
process to relocate FSS operations into the upper 200 megahertz of the
band, while fully reimbursing existing operators for the costs of this
relocation and offering accelerated relocation payments to encourage a
speedy transition. The Commission also adopts service and technical
rules for overlay licensees in the 280 megahertz of spectrum designated
for transition to flexible use.
A. Public Auction of 280 Megahertz of C-Band Spectrum for Flexible Use
19. After review of the extensive record in this proceeding, the
Commission adopts a traditional Commission-administered public auction
of overlay licenses in the 280 megahertz of C-band spectrum made
available for flexible use. The Commission adopts this approach because
it will rapidly and effectively repurpose this band for new wireless
terrestrial uses, rely on established mechanisms for putting this
valuable spectrum to its highest valued use pursuant to statutory
criteria designed to promote competition and other important public
interest goals, and provide reasonable accommodations to eligible space
station operators and incumbent earth stations. The advantages of the
public auction include making a significant amount of 3.7-4.2 GHz band
spectrum available quickly for flexible-use licenses and adopting a
transition period that aligns stakeholders' incentives, particularly
those of incumbent FSS operators, so as to achieve an expeditious
transition, while ensuring effective accommodation of relocated
incumbent users.
20. In the NPRM, the Commission sought comment on a variety of
market-based mechanisms for expanding flexible use in the 3.7-4.2 GHz
band, including a private sale approach, auction mechanisms, and other
hybrid approaches that combined elements of various mechanisms. For the
private sale approach, the NPRM sought comment on a process whereby the
satellite industry voluntarily would negotiate with any interested
terrestrial operators for the sale of the space station operators'
rights in the band and then would clear the negotiated-for spectrum and
make it available for flexible use while ensuring uninterrupted
incumbent earth station operations through a variety of potential
means. With respect to more traditional, Commission-led transition
mechanisms, the NPRM sought comment on various auction approaches, such
as an overlay, incentive, and capacity auctions, including transition
mechanisms used in prior proceedings. The May 3 Public Notice sought
additional comment on the Commission's authority under the Act as well
as approaches raised by the C-Band Alliance and T-Mobile. And the July
19 Public Notice sought additional comment on a public auction approach
advocated by ACA Connects (the ACA Plan), among other issues. Under
each of these approaches, the Commission sought comment on how to
ensure that incumbent C-band users are effectively transitioned out of
the spectrum made available for flexible-use and on whether to provide
reimbursement to incumbent space station operators for the costs of
transitioning their services.
21. The Commission adopts a traditional Commission-administered
public auction of overlay licenses to make the C-band spectrum
available expeditiously for next-generation terrestrial wireless use.
With overlay licenses, the licensees obtain the rights to geographic
area licenses ``overlaid'' on top of the incumbent licensees, meaning
that they may operate anywhere within its geographic area, subject to
protecting the operations of incumbent licensees. The Commission has
offered two basic forms of overlay licenses: One that grandfathers
legacy incumbents and allows their voluntary relocation, and another
that makes relocation of incumbents to comparable facilities mandatory.
The Commission
[[Page 22808]]
adopts the latter approach--assigning overlay licenses via public
auction with rules for clearing the band for flexible use and holding
incumbents harmless--for several reasons.
22. First, the Commission finds that a public auction of flexible-
use licenses--conditioned upon relocation of incumbent operations--will
best ensure fairness and competition in the allocation of these new
flexible-use licenses. The Commission has a long and successful history
conducting public auctions of spectrum and has well-established
oversight processes designed to promote transparency and ensure that
valuable public spectrum resources are put to their highest and best
use, while also promoting other public interest goals articulated in
Section 309(j) of the Act. In more recent years, public auctions of new
flexible-use rights have played a pivotal role in transitioning
existing bands and making spectrum available for new uses. Importantly,
the Commission carefully designs each auction to include transparent
procedures that promote fair-market pricing and robust participation
from a diverse group of bidders. Commission control and oversight of
the auction of new flexible-use licenses in the 3.7-3.98 GHz band will
ensure that a wide range of interested parties have fair and equal
access to new spectrum rights that will be vital to the introduction of
next-generation wireless services.
23. Second, a public auction will maintain the Commission's ability
to ensure that incumbent space station operators and earth station
owners are able to provide and receive the services and content that
they currently provide and receive both during and after mandatory
relocation. The safeguards the Commission adopts in conjunction with a
public auction ensure that the clearing process is both equitable and
transparent and that it provides customers of these incumbent C-band
providers assurance that they will continue to be able to receive C-
band services during and after the transition. In addition to licensing
and technical rules designed to promote harmony between existing C-band
services and new flexible uses in the band, the Commission adopts rules
for the transition process to ensure that all relevant stakeholders
have access to information regarding the necessary steps, costs,
respective obligations of each party, and overall timeline for
transitioning existing C-band services to the upper 200 megahertz of
the band. The Commission's experience in overseeing other complicated,
multi-stakeholder transitions of diverse incumbents demonstrates the
need for Commission rules and oversight of the transition process to
mitigate disputes among stakeholders, expedite the clearing process,
and ensure all affected parties receive what they are entitled to in a
timely manner.
24. Third, the Commission finds that its authority to hold such an
auction is firmly established. Section 309 governs the Commission's
process for granting licenses under Title III, and it expressly grants
the Commission authority to hold an auction where mutually exclusive
applications are accepted for initial spectrum licenses. The Commission
has used an auction of overlay licenses on a number of occasions to
repurpose spectrum for a new service, by requiring incoming licensees
to clear the band (typically by funding the relocation of incumbent
licensees) in order to fully deploy the new service in a manner that
meets the goals and requirements that the Commission had established
under Section 303 for providing that service. Since 1992, the
Commission has also adopted a series of rules to enable new licensees
to enter into voluntary or mandatory negotiations with incumbent
operators to clear a spectrum band after which, failing an agreement,
the new entrant could involuntarily clear incumbent operations by
expressing its intent to commence operations in that band and paying
for all reasonable relocation costs. Courts repeatedly have approved
the Commission's use of this authority as a means of introducing new
services and ensuring that displaced incumbents are placed in positions
comparable to those that they had occupied prior to displacement. In
light of this well-established precedent and the Commission's repeated
success in conducting such auctions in a manner that promotes the
public interest, convenience, and necessity, the Commission finds that
it has ample legal authority to employ an auction of overlay licenses
as a means of introducing new flexible uses in the C-band.
25. Fourth, the Commission finds that holding a public auction will
ensure this spectrum gets put to its highest, best use quickly. In
formulating the transition process and rules adopted in this Report and
Order, stakeholders have repeatedly emphasized the need to make C-band
spectrum available for flexible use as quickly as possible, with the
goal of conducting an auction of overlay licenses in the 3.7-3.98 GHz
band by the end of 2020. Indeed, by seeking comment, in a separate
public notice, on procedures for an auction of 3.7 GHz Service licenses
concurrently with this Report and Order, the Commission immediately
initiates the necessary Commission processes to prepare for an auction.
Notably, while satisfying the administrative procedures and
requirements associated with a Commission-administered auction, the
timelines adopted in this Report and Order result in spectrum being
made available for flexible use at least as quickly as any of the other
transition mechanisms proposed in this proceeding.
26. The Commission's decision to hold a public auction has
overwhelming support in the record. A range of commenters with diverse
interests support Commission-led auction approaches--including those
involving spectrum clearing and geographic clearing--and they emphasize
the importance, regardless of the chosen transition approach, that the
Commission maintain oversight throughout the transition process.
Several commenters support a traditional forward auction, using a
standard clock auction format such as that used in Auction 102 for the
24 GHz band. Many commenters that support a public auction of flexible-
use licenses in a portion of the 3.7-4.2 GHz band emphasize that the
approach must also include a condition on the licenses requiring new
flexible-use licensees to reimburse incumbent C-band users for their
relocation costs. Certain parties that originally advocated for
alternate transition mechanisms in this proceeding have come to support
a public auction of overlay licenses as an effective approach to
repurposing C-band spectrum for flexible use.
27. Next, the Commission designates 280 megahertz of C-band
spectrum (3.7-3.98 GHz) throughout the contiguous United States to be
cleared for auction plus another 20 megahertz (3.98-4.0 GHz) to be
cleared to serve as a guard band. Given the high demand for mid-band
spectrum, the Commission in the NPRM sought comment on whether to set a
``socially efficient amount of [C-band] spectrum'' for repurposing in
order to ensure this valuable spectrum is put to its highest and best
use.
28. The Commission finds that clearing the lower 280 megahertz
(plus a 20 megahertz guard band) of the C-band strikes the appropriate
balance between making available as much spectrum as possible for
terrestrial use in a short timeframe and ensuring sufficient spectrum
remains to support and protect incumbent uses. In particular, the
Commission finds that making 280 megahertz available for flexible use
is sufficiently large to spur necessary investment in equipment and
network deployment resources for next-
[[Page 22809]]
generation wireless services in this band. Numerous commenters support
clearing 280 megahertz or more to support terrestrial 5G use.
29. The Commission's approach will permit all incumbents to
maintain comparable service for existing customers and to obtain future
customers in the upper part of the band, while making more efficient
use of the band as a whole. C-band space station operators that
currently are serving U.S. customers are in a unique position to
quickly clear a significant portion of this band spectrally by
transitioning their services to the upper portion of the band. Through
a process of ``satellite grooming,'' each satellite company can use
their internal fleet management resources to determine the most
efficient way to migrate customers to the upper portion of the band,
including in some instances by migrating customers to transponders on a
different space station operator's fleet. The record adequately
demonstrates the satellite industry's ability to clear 280 megahertz
for public auction, along with a 20 megahertz guard band, while also
ensuring that its customers and incumbent earth station operators are
adequately transitioned and able to continue operations without
interruption. Furthermore, the rules adopted in this Report and Order
will ensure that incumbent operations are adequately accommodated and
can continue to make use of existing satellite services, while
incurring no significant transition costs. The Commission therefore
finds that an auction of the lower 280 megahertz of C-band spectrum
across the contiguous United States will best advance the Commission's
goal of ensuring the United States' leadership in 5G deployment and
service offerings without compromising the continued operation of
existing C-band services.
30. The Commission's decision to hold a public auction of overlay
licenses to operate in the 3.7-3.98 GHz band is the result of careful
review of the extensive record in this proceeding, which included
transition mechanism proposals submitted by a variety interested
parties across stakeholder groups.
31. C-Band Alliance.--The Commission declines to adopt the C-Band
Alliance proposal for a private sale approach led by incumbent C-band
space station operators. The Commission finds that, relative to the C-
Band Alliance proposal, the use of a public auction will provide a
greater benefit to potential bidders, ensure Commission oversight and
protect the interests of displaced incumbent C-band users, promote a
rapid transition, and be more firmly grounded in established legal
authority. First, the C-Band Alliance proposal would place the licensee
selection process for an entire band of newly configured spectrum into
private hands by vesting private entities with the exclusive ability to
allocate new terrestrial rights to valuable C-band spectrum through
privately negotiated sales that would not be subject to any of the
procedural protections or public interest requirements that Commission-
led auctions are designed to promote. Such an approach lacks the
transparency and procompetitive features of a public auction and would
provide bidders with less certainty about fair and equal access to new
flexible-use licenses. In contrast to a private sale conducted by
private entities whose primary incentive would be to maximize profits,
a Commission-led auction will be driven by broader public interests,
including robust participation by a diverse group of bidders,
competitive pricing, and transparent allocation of this valuable public
resource.
32. Second, Commission oversight of the public auction and issuance
of flexible-use licenses conditioned upon relocation of incumbent
operations will more effectively ensure that all incumbent C-band users
are made whole upon completion of the transition. The C-Band Alliance's
proposal would give certain incumbent space station operators
substantial discretion to decide whether and to what extent all
affected C-band users should be accommodated in the transition and
compensated for their relocation costs. This responsibility is directly
at odds with space station operators' fiduciary duties to their
shareholders to maximize the retained profits from the private sale. In
contrast, Commission oversight of a public auction and the transition
process will be specifically designed to ensure that incumbent C-band
users are able to maintain their existing services and are reimbursed
for all reasonable costs associated with the transition.
33. Third, the Commission believes that a public auction of overlay
licenses will make spectrum available for flexible-use just as fast as
a private sale approach. Indeed, the Commission plans to hold the
public auction this year--just as the C-Band Alliance had proposed for
its private sale--and the Commission incorporates aspects of their
proposed transition process and deadlines into this Report and Order.
The Commission disagrees with the C-Band Alliance argument that any
Commission-led auction mechanism would fail to overcome the holdout
problem due to non-exclusive incumbent rights in the band and would
require significant Commission intervention that would delay the
auction approach relative to a market-based approach. Despite its
initial claim that its private sale proposal would solve the holdout
problem by incentivizing incumbent space station operators to cooperate
in the transition and collectively sell their shared spectrum rights to
new flexible-use licensees, only three incumbent C-band space station
operators are members of the C-Band Alliance and have fully supported
the C-Band Alliance's proposal. Unless the Commission were to adopt
rules granting the C-Band Alliance exclusive authority to lead the
transition and compelling non-member space station operators to
cooperate with the C-Band Alliance's approach, there would be a
potential, and indeed likely, holdout problem that could undermine the
success of such a transition. The Commission believes such exclusive
authority would raise significant competitive concerns in the absence
of unanimity among incumbent space station operators. In other words,
due to the existing licensing regime in this band, the potential
holdout problem needs to be addressed regardless of whether the
Commission adopts a public auction or private sale approach. The rules
adopted in this Report and Order are specifically designed to reduce
the risk of potential holdouts by aligning the incentives of all
relevant C-band space station operators with the Commission's goals of
rapid introduction of C-band spectrum into the marketplace, and the
Commission finds that its public auction approach will provide for
rapid clearing upon final action in this proceeding.
34. Finally, the Commission finds that a public auction is more
consistent with the Commission's long-standing legal authority to
manage spectrum in the public interest than a private sale conducted by
incumbent space station operators. In contrast to the Commission's
well-established authority to conduct auctions of overlay licenses
conditioned upon the relocation of incumbent users, the C-Band Alliance
proposal would require an unprecedented grant of authority to private
entities to negotiate with new entrants for the conveyance of spectrum-
use rights that FSS licensees do not currently have. While the
Commission has previously modified the existing licenses of incumbents
to assign new license rights without creating a mechanism to allow for
the
[[Page 22810]]
filing of mutually exclusive applications, such modifications were
adopted in order to authorize the incumbent licensees to provide new or
additional services. Under the C-Band Alliance proposal, the Commission
would be granting incumbent space station operators new flexible-use
rights solely for the purpose of allowing the incumbents to sell those
rights on the secondary market, without actually requiring them to meet
any buildout requirements or initiate terrestrial service. Indeed,
given the full band, full arc nature of FSS licenses, incumbent space
station operators could not provide terrestrial mobile services without
causing interference to existing C-band satellite services.
35. T-Mobile Proposal.--The Commission declines to adopt T-Mobile's
proposal of an incentive auction and modified proposal of a more
traditional forward auction of flexible-use licenses. First, T-Mobile's
proposal exceeds our incentive auction authority. Section 309(j)(8)(G)
restricts our use of incentive auctions so that only ``licensees'' may
voluntarily relinquish licensed ``spectrum usage rights'' in exchange
for accelerated relocation payments. Unlike the incumbent space station
operators, earth station registrants are not licensees. The
Communications Act defines the term ``license'' narrowly 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.'' Since 1979 the Commission has
found that licensing receive-only earth stations was not required by
the Communications Act because, by definition, such earth stations do
not transmit energy, communications, or signals by radio, and since
1991 receive-only earth stations have not been eligible to apply for a
Commission license. While some receive-only earth stations in the C-
band are licensed to transmit in another band (i.e., licensed transmit-
receive earth stations), that license to transmit does not provide the
earth station operator with the right to transmit in the C-band, where
they hold no ``licensed spectrum usage rights.'' Because receive-only
earth stations are (and must be) unlicensed and have no
``transmission'' authority, earth station registrants may not
participate in the supply-side of an incentive auction.
36. Second, because FSS licensees in the C-band share the same non-
exclusive rights to transmit nationwide, across the full 500 megahertz,
their license rights are not substitutes such that they could compete
against one another in a reverse auction to forfeit those rights; all
incumbent space station operators would need to clear their existing
services from a portion of the band in order to make that spectrum
available for flexible use. Section 309(j)(8)(G) specifically requires
that, in order for the Commission to hold an incentive auction, ``at
least two competing licensees participate in the reverse auction.''
Because incumbent C-band space station operators are not competing
licensees that could bid against one another in a reverse auction, T-
Mobile's proposal would be an unlawful exercise of the Commission's
incentive auction authority.
37. Third, the incentive auction would result in a patchwork of
spectrum and geographic areas being made available for flexible use,
rather than a uniform block of spectrum being cleared throughout the
contiguous United States. T-Mobile's proposal would allow incumbent
earth station owners to agree to clear geographically, for example by
switching existing C-band services to fiber. This would likely result
in a disproportionate amount of C-band spectrum being made available in
urban areas, where the demand for C-band spectrum is higher and the
costs of transitioning to alternative transition mechanisms is lower
than in rural areas. The Commission therefore finds that T-Mobile's
proposal would undermine the Commission's stated goals for this
proceeding to close the digital divide and promote the introduction of
next-generation wireless services in all communities, both rural and
urban, throughout the contiguous United States.
38. Because our public auction of overlay licenses provides a
Commission-led auction mechanism to make 280 megahertz available for
flexible use throughout the contiguous United States and compensate
incumbent C-band users for their relocation costs, the Commission finds
that it captures all the benefits of T-Mobile's proposal while avoiding
the legal and practical complications of an incentive auction in this
band. Indeed, T-Mobile now agrees that a traditional forward auction of
overlay licenses will be a more straight-forward approach to implement
than the incentive auction it originally proposed.
39. ACA Connects Coalition Proposal.--The Commission declines to
adopt the ACA Connects Coalition proposal to transition MVPD earth
stations to fiber and repack remaining earth station users into the
upper portion of the band. First, while the ACA Connects Coalition
proposes a public auction to award new terrestrial flexible-use
licenses and assign obligations for transition costs, it does not
provide potential bidders with the same certainty as the public auction
of overlay licenses adopted here. Importantly, the ACA Connects
Coalition suggests that programmers, MVPDs, and C-band service
providers would negotiate contracts and develop plans for the
transition ``in the period between an FCC decision and the completion
of an auction.'' However, such private contract negotiations would
involve decisions--such as how much spectrum will be made available, in
which geographic areas, and on what timeline--that would be crucial for
potential bidders to understand in advance of the auction. It is
unclear from the ACA Connects Coalition proposal when these decisions
would be made and how that information would be conveyed to potential
bidders such that they could make informed decisions about the spectrum
band and geographic areas they would compete for at auction. The
Commission finds that its public auction of overlay licenses will
provide bidders with more certainty by designating a uniform block of
280 megahertz that will be made available for flexible use throughout
the contiguous United States.
40. Second, the Commission finds that its approach will more
effectively ensure that all incumbent C-band users are adequately
transitioned and able to continue receiving C-band services after the
introduction of new terrestrial wireless operations in the 3.7 GHz
Service. The Commission agrees with those commenters who point out that
the ACA Connects Coalition proposal lacks important implementation
details, such as how to manage the transition of a wide variety of
stakeholders, including the design, testing, construction, and
integration of nationwide fiber networks and the necessary provisions
for maintaining fiber operations in the future. In contrast to the ACA
Connects Coalition proposal, the approach the Commission adopts here
ensures that incumbent earth station owners will be effectively
transitioned and will be able to receive the same C-band services after
the transition as they do today.
41. Third, the Commission finds that the ACA Connects Coalition
proposal is likely to underestimate the complexities and costs of
transitioning from C-band satellite spectrum to fiber and would be
unlikely to facilitate more rapid and extensive deployment of
terrestrial wireless services than the approach the
[[Page 22811]]
Commission adopts in this Report and Order. The ACA Connects Coalition
proposes that clearing would be conducted on a market-by-market basis,
which would have ``some urban markets'' available for flexible-use in
approximately 30 months, the ``majority of remaining markets'' in three
years, and the last, ``hard-to-build areas'' in five years. The
Commission shares the concerns of many commenters who doubt that the
ACA Connects Coalition proposal could be completed by those timelines.
The Commission finds that its approach minimizes the costs,
complexities, and risks of delay inherent in the ACA Connects Coalition
proposal and is therefore more likely to clear a substantial amount of
C-band spectrum in a faster timeframe via a more efficient mechanism.
42. Fourth, the Commission finds that the approach adopted in this
Report and Order is more consistent with the Commission's legal
authority to manage spectrum and conduct auctions in the public
interest than the ACA Connects Coalition proposal. Section 309(j) of
the Act requires that all proceeds from the use of a competitive
bidding system must be deposited in the U.S. Treasury. The ACA Connects
Coalition proposal that the Commission retain a portion of the revenues
from a traditional forward auction to cover the C-band incumbents'
relocation costs would therefore violate the provisions of Section
309(j). There is an exception to this rule where the Commission
exercises its incentive auction authority to incentivize incumbent
licensees to relinquish their spectrum usage rights in exchange for a
share of the auctions proceeds. However, because space station
operators have non-exclusive rights the full C-band nationwide, an
incentive auction in this band would fail to satisfy the Section
309(j)(8)(G) requirement that at least two competing licensees must
participate in the reverse auction. The Commission therefore finds that
the ACA Connects Coalition proposal would be an unlawful exercise of
the Commission's incentive auction authority.
1. Allocation of the 3.7-4.2 GHz Band
43. The Commission adopts rules to add a primary non-Federal
mobile, except aeronautical mobile, allocation to the 3.7-4.0 GHz band
nationwide. In the United States, that band currently has exclusive
non-Federal allocations for FSS and Fixed Service. In addition, the
International Table of Frequency Allocations also has a mobile
allocation worldwide in the band, with the limitation that in the
Americas, Southeast Asia, Australia, and New Zealand, the mobile
allocation excludes aeronautical mobile.
44. As the Commission noted in the NPRM, Section 303(y) provides
the Commission with authority to provide for flexibility of use if:
``(1) Such use is consistent with international agreements to which the
United States is a party; and (2) the Commission finds, after notice
and opportunity for public comment, that (A) such an allocation would
be in the public interest; (B) such use would not deter investment in
communications services and systems, or technology development; and (C)
such use would not result in harmful interference among users.''
Adopting a primary non-Federal mobile, except aeronautical mobile,
allocation to the 3.7-4.0 GHz band and revising the FSS allocation
within the contiguous United States will foster more efficient and
intensive use of mid-band spectrum to facilitate and incentivize
investment in next generation wireless services. Mid-band spectrum is
important for next generation wireless broadband service due to its
favorable propagation and capacity characteristics. Allocating the 3.7-
4.0 GHz band nationwide for mobile services also meets the Commission's
mandate under the MOBILE NOW Act to identify spectrum for mobile and
fixed wireless broadband use. In addition, adopting this allocation
will harmonize the Commission's allocations for the 3.7-4.0 GHz band
with international allocations. Adding a primary mobile service
allocation will provide the ability to make as much mid-band spectrum
available as possible, which will help to ensure the nation's success
in deploying the next generation of wireless services. Finally, because
we adopt rules designating 3.98-4.0 GHz as a guard band and requiring
FSS and Fixed Service licensees to transition their services to the
upper portion of the band and to other bands, respectively, the
introduction of mobile use will not result in harmful interference
among users of the 3.7-4.2 GHz band.
45. The Commission also removes the FSS allocation within the
contiguous United States in the 3.7-4.0 GHz band. To allow for flexible
use of the 3.7-3.98 GHz band within the contiguous United States and
for fixed use outside of the contiguous United States, the Commission
leaves in place the existing Fixed Service allocation to the 3.7-4.2
GHz band while sunsetting the existing licenses for point-to-point
operations within the contiguous United States. Authorizations for FSS
and Fixed Service operations outside of the contiguous United States
may continue to operate in the entire 3.7-4.2 GHz band. The Commission
excludes locations outside of the contiguous United States from the
public auction and relocation. Locations outside of the contiguous
United States have a greater need for C-band services, particularly for
the provision of services necessary for the protection of life and
property--including telehealth, E911, and education services. The
Commission agrees that Alaska, Hawaii, and the U.S. territories should
be excluded from any reallocation and repurposing to terrestrial use
because C-band service is often the only option available to reach
remote villages to provide basic telephone service, E911, and broadband
service used to support applications such as telehealth and distance
learning. As a result, we believe it is appropriate to retain the FSS
allocation across the 3.7-4.2 GHz band outside the contiguous United
States.
46. The Commission also modifies footnote NG457A which describes
the status of earth stations on vessels in 3.7-4.2 GHz to be consistent
with its new band plan. NG457A will now provide that incumbent
licensees may continue to provide service to earth stations on vessels
on an unprotected basis vis-[agrave]-vis both fixed service operations
and the new mobile services. In addition, NG457A will now limit the
band where ESVs may be coordinated for up to 180 days to 4.0-4.2 GHz
rather than 3.7-4.2 GHz as in the existing footnote because FSS will no
longer have primary status below 4 GHz. These changes are necessary
because of the addition of mobile services and the deletion of FSS in
the 3.7-4.0 GHz band. While these changes to NG457A were not
specifically proposed in the NRPM, they logically follow from the
allocation changes that were proposed because earth stations on vessels
are an application of the FSS and we proposed to remove FSS from some
or all of the band in the NPRM.
47. The Commission's plan will ensure that content that FSS now
delivers to incumbent earth stations will continue uninterrupted as an
essential element of the transition mechanism. Although the Commission
allocates the 3.98-4.0 GHz band to mobile services, except
aeronautical, for flexible use, the Commission declines at this time to
establish service rules for that band. Instead, it will function as a
guard band to protect earth station registrants from harmful
interference both during and after the transition. The Commission also
declines to add a mobile allocation to the 4.0-4.2 GHz band reserved
for primary FSS use at this time, as doing so could undermine
investment in content distribution. Figures 1 and 2
[[Page 22812]]
below demonstrate the post-transition allocation and uses of the band
in the contiguous United States and in the rest of the United States,
respectively.
[GRAPHIC] [TIFF OMITTED] TR23AP20.000
[GRAPHIC] [TIFF OMITTED] TR23AP20.001
2. Competitive Bidding Rules
48. The Communications Act requires that the Commission resolve any
mutually exclusive applications for new flexible-use licenses in this
band through a system of competitive bidding. In the NPRM, the
Commission sought comment on our proposal to conduct any auction for
licenses in this band in conformity with the general competitive
bidding rules set forth in part 1, subpart Q, of the Commission's
rules. The Commission specifically proposed to employ part 1 rules
governing competitive bidding design, application and certification
procedures, reporting requirements, the prohibition on certain
communications regarding the auction, and designated entity preferences
and unjust enrichment. These competitive bidding rules provide a
framework for the auction process. More detailed, auction-specific
procedures will be addressed in the separate pre-auction process.
49. Given the record and the Commission's experience in
successfully conducting auctions pursuant to the part 1 rules, the
Commission adopts its proposal to employ those rules when developing
the auction for new licenses in this band. Should the Commission
subsequently modify its general competitive bidding rules, the
modifications would apply as well.
50. We note that Section 647 of the Open-market Reorganization for
the Betterment of International Telecommunications Act (ORBIT Act)
prohibits the Commission from assigning by competitive bidding either
orbital locations or spectrum used for the provision of international
or global satellite communications services. In the NPRM, the
Commission tentatively concluded that the ORBIT Act prohibition would
not apply here, since any auctioned spectrum would be used for a new
domestic terrestrial service, and the auction mechanisms would not be
used to assign by competitive bidding orbital locations or spectrum
used for the provision of international or global satellite
communications services.
51. The Commission affirms its tentative conclusion. Based on the
record and consistent with precedent on this issue, the Commission
finds that Section 647 of the ORBIT Act does not prohibit it from
assigning terrestrial licenses in this band through a system of
competitive bidding.
a. Designated Entity Provisions
52. In the NPRM, the Commission sought comment on a proposal for
bidding credits to be offered to designated entities when conducting an
auction of new licenses in this band. In authorizing the Commission to
use competitive bidding, Congress mandated that the Commission ``ensure
that small businesses, rural telephone companies, and businesses owned
by members of minority groups and women are given the opportunity to
participate in the provision of spectrum-based services.'' Based on the
its prior experience with the use of bidding credits in spectrum
auctions, the Commission finds that using bidding credits is an
effective tool to achieve the statutory objective of promoting
participation of designated entities in the provision of spectrum-based
service.
53. Small Businesses.--One way the Commission fulfills this mandate
is through the award of bidding credits to small businesses. In the
Competitive Bidding Second Memorandum Opinion and Order, the Commission
stated that it would define eligibility requirements for small
businesses on a service-specific basis, taking into account the capital
requirements and other characteristics of each particular service in
establishing the appropriate threshold. Further, in the Part 1 Third
Report and Order and the more recent Competitive Bidding Update Report
and Order (81 FR 43523, July 5, 2016), the Commission, while
standardizing many auction rules, determined that it would continue a
service-by-service approach to defining small businesses. In the NPRM,
the Commission sought comment on whether to adopt bidding credits for
the two larger designated entity business sizes provided in the part 1
rules.
54. In adopting competitive bidding rules for other spectrum bands
that will
[[Page 22813]]
be used as part of 5G services, the Commission included provisions for
designated entities to promote opportunities for small businesses,
rural telephone companies, and businesses owned by members of minority
groups and women to participate in the provision of spectrum-based
services. For example, the Commission adopted two small business
definitions for the auction of licenses in the Upper Microwave Flexible
Use Service (39 GHz band). These two small business definitions are the
highest two of three thresholds in the Commission's standardized
schedule of bidding credits.
55. The Commission adopts its proposal to apply the two small
business definitions with higher gross revenues thresholds to auctions
of overlay licenses in the 3.7-3.98 GHz band. Accordingly, an entity
with average annual gross revenues for the relevant preceding period
not exceeding $55 million will qualify as a ``small business,'' while
an entity with average annual gross revenues for the relevant preceding
period not exceeding $20 million will qualify as a ``very small
business.'' Since their adoption in 2015, the Commission has used these
gross revenue thresholds in auctions for licenses likely to be used to
provide 5G services in a variety of bands. The results in these
auctions indicate that these gross revenue thresholds have provided an
opportunity for bidders claiming eligibility as small businesses to win
licenses to provide spectrum-based services at auction. These
thresholds do not appear to be overly inclusive as a substantial number
of qualified bidders in these auctions do not come within the
thresholds. This helps preclude designated entity benefits from flowing
to entities for which such credits are not necessary.
56. The Commission also adopts its proposal to provide qualifying
``small businesses'' with a bidding credit of 15% and qualifying ``very
small businesses'' with a bidding credit of 25%, consistent with the
standardized schedule in part 1 of the Commission's rules. This
proposal was modeled on the small business size standards and
associated bidding credits that the Commission adopted for a range of
other services. The Commission believes that this two-tiered approach
has been successful in the past, and it will employ it once again. The
Commission believes that use of the small business tiers and associated
bidding credits set forth in the part 1 bidding credit schedule will
provide consistency and predictability for small businesses. No
commenter provides any alternative or reason why the bidding credit
thresholds or small business definitions that the Commission adopts
would not work in this service.
57. Rural Service Providers.--In the NPRM, the Commission also
sought comment on a proposal to offer a bidding credit for rural
service providers. The rural service provider bidding credit awards a
15% bidding credit to those that service predominantly rural areas and
that have fewer than 250,000 combined wireless, wireline, broadband and
cable subscribers. As a general matter, the Commission ``has made
closing the digital divide between Americans with, and without, access
to modern broadband networks its top priority . . . [and is] committed
to ensuring that all Americans, including those in rural areas, Tribal
lands, and disaster-affected areas, have the benefits of a high-speed
broadband connection.''
58. The Commission finds that a targeted bidding credit will better
enable entities already providing rural service to compete for spectrum
licenses at auction and in doing so, will increase the availability of
5G service in rural areas. Accordingly, the Commission will apply the
rural service provider bidding credit to auctioning new licenses in
this band.
3. Licensing and Operating Rules
59. Building on its previous experience introducing mobile service
in bands shared with fixed terrestrial and FSS users, the Commission
adopts rules to license new mobile operations under its part 27 rules,
with modifications to tailor certain rules to the specific
characteristics of C-band spectrum. The Commission adopts licensing and
operating rules that afford licensees the flexibility to align licenses
in the 3.7-3.98 GHz band with licenses in other spectrum bands governed
by part 27 of the Commission's rules and other flexible-use services.
Specifically, finding no opposition in the record, the Commission
adopts rules requiring 3.7 GHz Service licensees in the 3.7-3.98 GHz
band to comply with licensing and operating rules that are applicable
to all part 27 services, including flexible use, regulatory status,
foreign ownership reporting, compliance with construction requirements,
renewal criteria, permanent discontinuance of operations, partitioning
and disaggregation, and spectrum leasing. In addition, the Commission
adopts service-specific rules for the 3.7-3.98 GHz band, including
eligibility, mobile spectrum holdings policies, license term,
performance requirements, renewal term construction obligations, and
other licensing and operating rules to be included in part 27.
a. Band Plan
60. Block Size.--The Commission will designate the lower 280
megahertz of C-band spectrum in 100 megahertz increments as the A and B
Blocks and in an 80-megahertz increment as C Block. The Commission will
issue licenses in the A, B, and C Blocks in 20 megahertz ``sub-
blocks.'' Specifically, the A Block (3.7-3.8 GHz), B Block: (3.8-3.9
GHz), and C Block (3.9-3.98 GHz) will be licensed according to the
following channel plan:
[GRAPHIC] [TIFF OMITTED] TR23AP20.002
61. In the NPRM, the Commission sought comment on whether 20
megahertz blocks would be appropriate for the wireless technologies
that are likely to be deployed in this band. The Commission sought
comment on the appropriate block size that would accommodate a wide
range of terrestrial wireless services, while also providing sufficient
bandwidth to support 5G services. Commenters support relatively smaller
sized sub-blocks with the
[[Page 22814]]
potential to aggregate to larger sizes of 60 to 160 megahertz.
62. The Commission finds that 100 megahertz blocks, with 20
megahertz sub-blocks, will provide sufficient flexibility for
interested bidders to tailor their decisions based on the anticipated
clearing costs and accelerated relocation payment obligations
associated with a particular amount of spectrum or geographic license
area. For carrier frequencies below 6 GHz, 3GPP has specified thirteen
possible channel bandwidths for 5G deployments as follows: 5, 10, 15,
20, 25, 30, 40, 50, 60, 70, 80, 90, and 100 megahertz. To facilitate
operation of 100 megahertz bandwidth 5G channels, the Commission
implements and defines the uniform block size of 100 megahertz that
would run across the entire band from 3.7-4.0 GHz. By allowing new
flexible-use licensees to acquire full 100-megahertz blocks, the
Commission will ensure that C-band spectrum is licensed in sufficiently
wide bandwidths to enable 5G deployments. The inclusion of 20 megahertz
sub-blocks provides sufficient flexibility for manufacturers and
licensees to tailor application of the band to suit future needs,
especially when considering that LTE can be made to coexist within or
adjacent to 5G operations. A number of commenters support a Commission
auction of this spectrum in 20 megahertz blocks. Because it finds that
20 megahertz sub-blocks provide sufficient flexibility, the Commission
finds it unnecessary to divide the blocks even smaller into 10
megahertz sub-blocks, as some commenters have proposed.
63. Spectrum Block Configuration.--The Commission adopts rules to
license the A, B, and C 20 megahertz sub-blocks of C-band spectrum in
an unpaired spectrum block configuration because there is wide support
in the record for this approach, and it will enhance the flexible and
efficient use of the band for next-generation services and other
advance spectrum-based services. In contrast to a paired channel
configuration that assumes frequency division duplex operations, an
unpaired spectrum configuration is technology neutral, i.e., enables
time division duplex operations, which has become increasingly
prevalent in deployments of digital broadband networks. In light of
these considerations, the Commission concludes that an unpaired
spectrum block configuration will provide licensees the flexibility
necessary to increase the capacity of their networks and make the most
efficient use of C-band spectrum.
64. Use of Geographic Licensing.--Consistent with its approach in
several other bands used to provide fixed and mobile services, the
Commission finds that it is in the public interest to license the A, B,
and C Blocks in 20 megahertz sub-blocks on an exclusive, geographic
area basis. Geographic area licensing provides flexibility to
licensees, promotes efficient spectrum use, and helps facilitate rapid
assignment of licenses, using competitive bidding when necessary. There
is wide support in the record for licensing C-band flexible-use
spectrum on an exclusive, geographic basis, and the Commission finds
that such an approach will give certainty to licensees and provide the
efficiencies of scale and scope that drive innovation, investment, and
rapid deployment of next generation services.
65. Geographic License Area.--The Commission adopts PEAs as the
geographic license area for new 3.7 GHz Service licenses and divide
those licenses into 20 megahertz sub-blocks within the A, B, and C
Blocks; the Commission finds that this license-area size best optimizes
and balances our statutory and regulatory objectives in licensing
spectrum. In determining the appropriate geographic license area size,
the Commission must consider several factors, including: (1)
Facilitating access to spectrum by both small and large providers; (2)
providing for the efficient use of spectrum; (3) encouraging deployment
of wireless broadband services to consumers, including those in rural
areas and Tribal lands; and (4) promoting investment in and rapid
deployment of new technologies and services. In the NPRM, the
Commission sought comment on using PEAs, as well as on licensing on a
county, nationwide, or other basis.
66. The Commission finds that licensing on a PEA basis strikes the
appropriate balance between being sufficiently large to facilitate
wide-area deployments of 5G, while also being sufficiently small to
ensure that small and regional carriers are able to compete for new 3.7
GHz Service licenses. PEAs offer a compromise between EAs, on the one
hand, and CMAs or counties, on the other hand, because they are smaller
than EAs and serve to separate rural from urban markets to a greater
degree than EAs do (given that EAs often include both rural and urban
markets), yet PEAs are also subdivisions that ``nest'' within EAs and
can easily be aggregated to larger areas such as EAs, Major Economic
Areas, and Regional Economic Areas. As a result, licensing new 3.7 GHz
Service licenses on a PEA basis in the contiguous United States will
encourage entry by providers that contemplate offering wireless
broadband service on a localized basis, yet at the same time will not
preclude carriers that plan to provide service on a much larger
geographic scale. PEAs therefore will encourage auction participation
by a diverse group of buyers and will generate competition between
large, regional, and small carriers across various geographic areas,
while also minimizing the difficult coordination and border issues that
might arise from smaller license areas. The Commission agrees with
commenters that recommend excluding areas outside of the contiguous
United States from the transition and will not issue licenses in those
PEAs.
67. In summary, for Blocks A, B, and C, the Commission will issue
3.7 GHz Service licenses on a PEA basis for 20 megahertz sub-blocks in
the contiguous states and the District of Columbia (PEAs 1-41, 43-211,
213-263, 265-297, 299-359, and 361-411). The Commission will not issue
flexible-use licenses for Honolulu, Anchorage, Kodiak, Fairbanks,
Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin
Islands, American Samoa, and the Gulf of Mexico (PEAs numbers 42, 212,
264, 298, 360, 412-416).
b. Application Requirements & Eligibility
68. Licensees in the A, B, and C blocks must comply with the
Commission's general application requirements. Further, the Commission
adopts an open eligibility standard for licenses in the A, B, and C
Blocks. The Commission has determined that eligibility restrictions on
licenses may be imposed only when open eligibility would pose a
significant likelihood of substantial harm to competition in specific
markets and when an eligibility restriction would be effective in
eliminating that harm.
69. The Commission agrees that the record in this proceeding does
not demonstrate a compelling need for regulatory intervention to
exclude potential participants. The Commission finds that adopting an
open eligibility standard appropriately relies on market forces and
will encourage efforts to develop new technologies, products, and
services, while helping to ensure efficient use of this spectrum.
Generally applicable qualifications that may apply under the
Commission's rules, including those relating to citizenship and
character, apply to any and all licenses issued for flexible use of
this spectrum, and any person who has been, for reasons of national
security, barred by any agency of the Federal Government from bidding
on a contract,
[[Page 22815]]
participating in an auction, or receiving a grant is ineligible.
c. Mobile Spectrum Holdings
70. The Commission does not impose a pre-auction bright-line limit
on acquisitions of the 3.7-3.98 GHz band. Instead, it will incorporate
into the spectrum screen the 280 megahertz of spectrum that we make
available in the 3.7-3.98 GHz band. The Commission will also perform
case-by-case review of the long-form license applications filed as a
result of the auction.
71. In the NPRM, the Commission sought comment on whether and how
to address mobile spectrum holdings issues to meet its statutory
requirements and ensure competitive access in the 3.7-4.2 GHz band,
including whether to include the 3.7-4.2 GHz band in the spectrum
screen for secondary market transactions. The Commission proposed not
to adopt a pre-auction bright-line limit on a party's ability to
acquire spectrum in the 3.7-4.2 GHz band in a public auction. The
Commission also asked whether to apply a post-auction case-by-case
review of holdings when applications for initial licenses are filed and
whether to limit the amount of spectrum one party can acquire through a
market-based mechanism.
72. Similar to its approach in the 2017 Spectrum Frontiers Order
and FNPRM (83 FR 37, Jan. 2, 2018; 83 FR 85, Jan. 2, 2018) and the 2018
Spectrum Frontiers Order and FNPRM (83 FR 34478, July 20, 2018), the
Commission finds that, ``[g]enerally, bright-line, pre-auction limits
may restrict unnecessarily the ability of entities to participate in
and acquire spectrum in an auction, and we are not inclined to adopt
such limits on auction participation absent a clear indication that
they are necessary to address a specific competitive concern.''
73. The Commission agrees with commenters that an in-band spectrum
aggregation limit is unnecessary for this band. Commenters requesting
an in-band limit raise only general concerns regarding the need to
prevent a few dominant carriers from obtaining an excessive
concentration of this spectrum and to ensure smaller carriers have a
fair opportunity to obtain the spectrum. But limiting the amount of
3.7-3.98 GHz band spectrum that one party can acquire, as these
commenters request, could unnecessarily restrict providers' ability to
participate in the auction and acquire spectrum in this band. This
ultimately could ``constrain providers in their paths towards 5G
deployment,'' limit providers' ``incentives to invest'' in the band,
and ``delay the realization of related economic benefits.'' Further,
``a variety of spectral paths to 5G deployment in the United States''
exist, including the additional opportunities for access to spectrum
through our recent actions to remove restrictions on the 2.5 GHz band,
to make the 3.5 GHz band available for priority access licenses, and to
make millimeter-wave spectrum available through auction. Because the
Commission's ``balancing of objectives'' has ``shift[ed] towards
facilitating rapid 5G deployment in the United States,'' and because
commenters have not pointed to ``a clear indication'' that in-band
limits ``are necessary to address a specific competitive concern,'' the
Commission finds it unnecessary to impose an in-band limit on the 3.7-
3.98 GHz band. Instead, the Commission finds that a case-by-case review
of acquisitions of 3.7-3.98 GHz band spectrum will allow the Commission
to review spectrum aggregation on market competition without
unnecessarily restricting entities from acquiring spectrum to deploy 5G
services.
74. The Commission will include the A, B, and C Blocks of the 3.7-
3.98 GHz band in the screen for secondary market transactions because
the spectrum will become ``suitable and available in the near term for
the provision of mobile telephony/broadband services.'' The relevant
product market for the screen incorporates both mobile voice and data
services, including services provided over advanced broadband wireless
networks--particularly emerging, next generation wireless services. The
Commission adopts flexible-use rules here to enable terrestrial mobile
use for 5G deployment. Accordingly, it is appropriate to incorporate
this band into the screen for mobile telephony/broadband services.
75. The Commission will add the 280 megahertz to the spectrum
screen once the auction closes. While winners of the auction must clear
incumbents from the band following the auction, the Commission finds it
is ``fairly certain'' that the auctioned spectrum ``will meet the
criteria for suitable spectrum in the near term'' once the auction
closes, given the Commission's transition plan. This is consistent with
its approach for the 600 MHz band (where the Commission found that the
spectrum was available following the Broadcast Incentive Auction, even
though incumbents had to be moved) and the 700 MHz band (where the
Commission found that the spectrum was available a year and a half
before the spectrum would be cleared by incumbents).
76. Finally, the Commission will perform case-by-case review of the
long form applications of the 3.7-3.98 GHz spectrum following the
auction. The Commission will use the same case-by-case review as it
does for secondary market transactions, updated to account for the
additional 3.7-3.98 GHz spectrum. As the Commission has explained,
case-by-case review ``permits bidders to participate fully'' in
acquiring the spectrum, ``while still allowing the Commission to assess
the impact on competition from the assignment of initial . . .
licenses, and to take appropriate action to preserve or protect
competition only where necessary.'' As it has done in other bands made
available for flexible use, the Commission will apply the standard
articulated in the 2008 Union Telephone Order. This review will create
sufficient bidder certainty for the auction, consistent with Section
309(j)(3)(E).
d. License Term
77. The Commission finds that a 15-year license term will provide
sufficient time to encourage investment in the 3.7-3.98 GHz band given
the clearing, relocation, and repacking that must occur prior to mobile
operations. In the NPRM, the Commission proposed a 15-year license term
for this very reason, suggesting that 15 years would afford licensees
sufficient time to achieve significant buildout obligations post-
transition. Many commenters agree that a longer term is warranted where
time-consuming activities are needed to ready the spectrum for mobile
use, and several argue that 15 years will promote the provision of
innovative services and applications.
78. The Commission agrees and concludes that a 15-year license term
for the A, B, and C Blocks best serves the public interest by providing
the time needed for significant investment that ultimately will usher
in valuable services to consumers.
e. Performance Requirements; Renewal
79. The Commission recognizes the critical role that performance
requirements play in ensuring that licensed spectrum does not lie
fallow. The performance requirements the Commission adopts for the 3.7-
3.98 GHz band take into account the unique characteristics of this
band, but also will ensure that licensees begin providing service to
consumers in a timely manner by relying on specific quantifiable
benchmarks. To support a variety of different use cases in this
spectrum, the Commission adopts below specific metrics for mobile/
point-to-multipoint, fixed, and IoT services in the A, B, and C Blocks,
consistent with its proposal in the NPRM.
[[Page 22816]]
80. Mobile or Point-to-Multipoint Performance Requirements.--The
Commission concludes that licensees in the A, B, and C Blocks offering
mobile or point-to-multipoint services must provide reliable signal
coverage and offer service to at least 45% of the population in each of
their license areas within eight years of the license issue date (first
performance benchmark), and to at least 80% of the population in each
of their license areas within 12 years from the license issue date
(second performance benchmark). These population benchmarks are
slightly more aggressive than those for other flexible-use services
under part 27. Given the critical role of mid-band spectrum in today's
spectral environment, the Commission finds that this approach is
warranted.
81. Commenters generally support performance requirements to
prevent warehousing of this valuable spectrum, but some object that
these benchmarks are more stringent than for other part 27 services in
lower frequency bands that have better propagation characteristics,
e.g., BRS, H Block, AWS-3, AWS-4, 600 MHz, and 700 MHz Upper C Band,
that have better propagation characteristics than the 3.7-3.98 GHz
band.
82. In the NPRM, the Commission proposed that the deadline for the
first performance benchmark would be six years from the license issue
date. However, consistent with the rules the Commission adopts for the
transition of existing space station and earth station operations to
the upper 200 megahertz of the band, new flexible-use licensees may not
commence operations until the necessary clearing has been completed and
the flexible-use licensee has complied with all obligations to provide
reimbursement for relocation costs and any additional accelerated
relocation payments have been made. The Commission anticipates that
flexible-use licensees will begin deploying their systems and
constructing their networks while incumbents are still transitioning
out of the 3.7-3.98 GHz band so that flexible-use licensees are able to
commence operations soon after incumbent clearing is complete.
Nevertheless, given the potential length of that transition, the
Commission finds that a six-year initial benchmark may not be
reasonable. The Commission therefore finds it appropriate to adjust its
proposed deadline for the first performance benchmark to eight years
from the license issue date, in order to provide licensees additional
time to deploy once the license area has been cleared of FSS use.
83. The Commission believes that 12 years will provide sufficient
time for A, B, and C Block licensees, relying on mobile or point-to-
multipoint service in accordance with our part 27 rules, to meet the
proposed coverage requirements. Given the expected desirability of mid-
band spectrum for the provision of innovative 5G services that promote
American competitiveness, the performance benchmarks the Commission
adopts are not unduly burdensome because it expects that the market
will drive deployment beyond these Commission's benchmarks. The
Commission anticipates that after satisfying the 12-year second
performance benchmark, a licensee will continue to provide reliable
signal coverage, or point-to-point links, as applicable, and offer
service at or above that level for the remaining three years in the 15-
year license term prior to renewal. The Commission, therefore, declines
to set the second performance benchmark at the end of the license term,
as some commenters proposed. Establishing benchmarks before the end of
the license term will ensure continuity of service over the license
term, which is essential to the Commission's evaluation under its
renewal standards. We note that our Wireless Radio Services Renewal
requirements include safe harbor certifications, in lieu of a detailed
renewal showing, for qualified licensees.
84. Alternate IoT Performance Requirements.--The Commission
recognized in the NPRM that 3.7-3.98 GHz licenses have flexibility to
provide services potentially less suited to a population coverage
metric. Therefore, the Commission sought comment on an alternative
performance benchmark metric for licensees providing IoT-type fixed and
mobile services. Based on the record evidence, the Commission will
provide licensees in the A, B, and C Blocks the flexibility to
demonstrate that they offer geographic area coverage of 35% of the
license area at the first (eight-year) performance benchmark, and
geographic area coverage of 65% of the license area at the second (12-
year) performance benchmark. The Commission finds that the
aforementioned levels of geographic coverage maintain reasonable parity
between the requirements in these IoT-focused metrics and the
requirements for mobile providers relying on population-based coverage
metrics. This framework is intended to provide enough certainty to
licensees to encourage investment and deployment in these bands as soon
as possible, while retaining enough flexibility to accommodate both
traditional services and innovative services or deployment patterns.
85. A performance metric based on geographic area coverage (or
presence) will allow for networks that provide meaningful service but
deploy along lines other than residential population. This definition
separates ``traditional'' point-to-point links from the sensor and
device connections that likely will be part of new IoT networks in
these bands and applies to a network of fixed sensors or smart devices
operating at low power over short distances. Although the Commission
adopts an additional metric in order to facilitate the deployment of
IoT and other innovative services, there is no requirement that a
licensee build a particular type of network or provide a particular
type of service in order to use whatever metric it selects to
demonstrate that it met its performance requirement.
86. Fixed Point-to-Point Under Flexible Use.--Recognizing that its
part 27 flexible-use policies enable licensees to potentially offer a
variety of different services in the 3.7-3.98 GHz band, the Commission
sought comment in the NPRM on performance metrics for licensees
offering point-to-point service in the band. For licensees providing
fixed, point-to-point links, the Commission generally has evaluated
buildout by comparing the number of links in operation to the
population of the license area.
87. The Commission adopts performance metrics using this framework,
as proposed in the NPRM. Specifically, the Commission adopts a
requirement that part 27 geographic area licensees providing Fixed
Service in the A, B, and C Blocks band must demonstrate within eight
years of the license issue date (first performance benchmark) that they
have four links operating and providing service, either to customers or
for internal use, if the population within the license area is equal to
or less than 268,000. If the population within the license area is
greater than 268,000, the Commission requires a licensee relying on
point-to-point service to demonstrate it has at least one link in
operation and providing service, either to customers or for internal
use, per every 67,000 persons within a license area. The Commission
requires licensees relying on point-to-point service to demonstrate
within 12 years of the license issue date (final performance benchmark)
that they have eight links operating and providing service, either to
customers or for internal use, if the population within the license
area is equal to or less than 268,000. If the population within the
[[Page 22817]]
license area is greater than 268,000, the Commission requires a
licensee relying on point-to-point service to demonstrate it is
providing service and has at least two links in operation per every
67,000 persons within a license area.
88. These standards are generally similar to the standards the
Commission established for fixed point-to-point services in the 2.3 GHz
band and several Spectrum Frontiers bands. In the NPRM, the Commission
also asked whether to require point-to-point links to operate with a
transmit power greater than +43 dBm in order to be eligible to be
counted under the point-to-point buildout standard. The Commission
observed that for the UMFUS bands, the 43 dBm minimum power requirement
is intended to separate traditional point-to-point links from the
sensor and device connections anticipated to be part of new Internet of
Things networks in those bands. The Commission received no comment on
this issue. Based on the record, including the different propagation
characteristics of the 3.7-3.98 GHz band, the Commission find that its
approach in the Spectrum Frontiers proceeding does not support adoption
of a similar rule for the 3.7-3.98 GHz band. Links in the 3.7-3.98 GHz
band, however, must be part of a network that is actually providing
service, whether to unaffiliated customers or for private, internal
uses, and all links must be present and operational in accordance with
our discontinuance and renewal rules. As with the mobile performance
milestone, the size of the population will be calculated over the
entire license area.
89. Penalty for Failure To Meet Performance Requirements.--Along
with performance benchmarks, the Commission adopts meaningful and
enforceable penalties for failing to ensure timely build-out.
Specifically, as proposed in the NPRM, the Commission adopts a rule
requiring that, in the event a licensee in the A, B, or C Block fails
to meet the first performance benchmark, the licensee's second
benchmark and license term would be reduced by two years, thereby
requiring it to meet the second performance benchmark two years sooner
(at 10 years into the license term) and reducing its license term to 13
years. Consistent with the approach in many other bands, the Commission
concludes that, if a licensee fails to meet the second performance
benchmark for a particular license area, its authorization for each
license area in which it fails to meet the performance requirement
shall terminate automatically without Commission action.
90. This approach will promote prompt buildout and appropriately
penalize a licensee for not meeting its performance obligations for a
particular license area. The Commission declines to adopt a ``use-or-
lose'' regime, as suggested by some commenters, under which a licensee
would lose only those areas within a license area that are not
developed. The Commission finds that such an approach, which has been
adopted rarely for other bands, likely would reduce incentives for
licensees to build out to the less populated areas covered by their
license, and would be less effective in ensuring use of the spectrum.
In addition, in the event a licensee's authority to operate terminates,
the licensee's spectrum rights would become available for reassignment
pursuant to the competitive bidding provisions of Section 309(j) and
any licensee who forfeits its license for failure to meet its
performance requirements would be precluded from regaining the license.
91. Compliance Procedures.--In addition to compliance procedures
applicable to all part 27 licensees, including the filing of electronic
coverage maps and supporting documentation, the Commission adopts a
rule requiring that such electronic coverage maps must accurately
depict both the boundaries of each licensed area and the coverage
boundaries of the actual areas to which the licensee provides service.
Although the Commission sought comment on additional compliance
procedures in the NPRM, only a small number of commenters addressed
this issue.
92. As proposed in the NPRM, the rule the Commission is adopting
requires measurements of populations served on areas no larger than the
Census Tract level so a licensee deploying small cells has the option
to measure its coverage using a smaller acceptable identifier such as a
Census Block. The Commission finds that such procedures will confirm
that the spectrum is being used consistent with the performance
requirements. If a licensee does not provide reliable signal coverage
to an entire license area, the licensee must provide a map that
accurately depicts the boundaries of the area or areas within each
license area not being served. Each licensee also must file supporting
documentation certifying the type of service it is providing for each
licensed area within its service territory and the type of technology
used to provide such service. Supporting documentation must include the
assumptions used to create the coverage maps, including the propagation
model and the signal strength necessary to provide reliable service
with the licensee's technology. The Commission will adopt conforming
amendments to part 27 to include these requirements. The Commission
directs the Wireless Telecommunications Bureau to specify the format of
submissions, consistent with these determinations.
93. License Renewal.--As proposed in the NPRM, the Commission will
apply the general renewal requirements applicable to all Wireless Radio
Services licensees to 3.7-3.98 GHz band licensees in the A, B, and C
Blocks. This approach will promote consistency across services.
94. Renewal Term Construction Obligation.--In addition to, and
independent of, these general renewal provisions, the Commission finds
that any additional renewal term construction obligations adopted in
the Wireless Radio Services Renewal Reform proceeding would apply to
licenses in the A, B, and C Blocks of the 3.7-3.98 GHz band.
95. In the NPRM, the Commission noted that the Wireless Radio
Services Renewal Reform FNPRM (82 FR 41580, Sept. 1, 2017) sought
comment on various renewal term construction obligations such as
incremental increases in the construction metric in each subsequent
renewal term. The Commission also noted that the Wireless Radio
Services Renewal Reform FNPRM proposed to apply any rules adopted in
that proceeding to all flexible geographic licenses. Commenters
generally support the Commission's adopting renewal term construction
obligations for the 3.7-3.98 GHz band in the context of the Wireless
Radio Services Renewal Reform proceeding, as its decision ensures
consistency across services.
96. The Commission finds that applying any additional renewal term
construction obligations adopted in the Wireless Radio Services Renewal
Reform proceeding to licenses in the A, B, and C Blocks will encourage
robust deployment and maintain consistency across flexible geographic
licensees.
B. The Transition of FSS Operations
97. For a successful public auction of overlay licenses in the 3.7-
3.98 GHz band, bidders need to know before an auction commences when
they will get access to that currently occupied spectrum as well as the
costs they will incur as a condition of their overlay license. In this
section, the Commission addresses precisely those questions while also
setting forth a transition path that ensures that incumbent FSS users
will continue to receive the content they
[[Page 22818]]
do today both during and after the transition.
98. That transition of FSS operations relies on the Commission's
Emerging Technologies framework, a framework the Commission has relied
on since the early 1990s to facilitate the swift transition of spectrum
from one use to another. In short, the framework allows for new
licensees to incentivize a swift transition while requiring those
licensees to hold incumbents harmless during the transition.
Specifically, the Commission requires overlay licensees to pay for the
reasonable relocation costs of incumbent space station and incumbent
earth station operators who are required to clear the lower 300
megahertz of the C-band spectrum in the contiguous United States.
99. To effectuate that process, the Commission takes several steps.
First, the Commission defines the class of incumbent earth stations and
incumbent space stations to make clear what FSS entities it expects to
take part in the transition (and what entities may be eligible for
relocation payments). Second, the Commission lays out its legal
authority to carry out the transition as well as the effect of that
transition on future operations in the C-band. Third, the Commission
sets a deadline for clearing the band by 2025 while offering incumbent
space station operators the option to accelerate that process to 2021
for the lower 120 megahertz and 2023 for the upper 180 megahertz.
Fourth, the Commission sets forth the relocation payments we expect
incumbent operators to receive and how to apportion such payments among
overlay licensees. Fifth, the Commission establishes a neutral, third-
party clearinghouse to manage collection and distribution of relocation
payments. Sixth, the Commission describes the logistics of
transitioning FSS operations out of the lower 300 megahertz of the C-
band spectrum. Finally, the Commission addresses additional issues
related to the FSS transition, including the maintenance of IBFS data
and revisions to the coordination policy for FSS and Fixed Services.
The Commission finds that these rules will best promote the rapid and
effective transition of incumbent FSS operations out of the portion of
C-band spectrum to be made available for public auction.
1. Incumbent FSS Operations
100. In this section, the Commission defines the class of incumbent
FSS space stations and earth stations that must be accommodated during
the transition and reimbursed for their relocation costs. The
Commission finds that its definition of incumbents effectively captures
existing C-band FSS users that will need to be transitioned and
protected in order to ensure that they are able to continue providing
and receiving their existing services during and after the transition.
Commenters generally agree that the Commission should define incumbent
FSS operations for these purposes.
101. Incumbent Space Station Operators.--The Commission defines
``incumbent space station operators'' to include all C-band space
station operators authorized to provide service to any part of the
contiguous United States pursuant to an FCC-issued license or grant of
market access as of June 21, 2018--the date of the International
Bureau's temporary freeze on certain new space station applications in
the 3.7-4.2 GHz band. There are eight such operators: ABS, Empresa,
Eutelsat, Hispasat, Intelsat, SES, Star One, and Telesat.
102. Incumbent Earth Stations.--The Commission defines ``incumbent
earth stations'' to be protected from interference from flexible-use
licensees to include FSS 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
November 7, 2018; and (3) have timely certified, to the extent required
by the July 2018 Order adopted in FCC 18-91 (as we clarify below to
include certain renewal applications and license and registration
applications filed through November 7, 2018), the accuracy of
information on file with the Commission.
103. This definition largely parallels the definition the
Commission proposed in the NPRM, with a few minor changes. For one, the
Commission affirms the finding of the International Bureau that
registrants and licensees that filed applications or modifications
during the processing window, which effectively updated or confirmed
their earth station details, are exempt from the separate certification
requirement. For another, the Commission includes all license and
registration applications that were filed through November 7, 2018,
rather than the initial filing window deadline (October 17, 2018) or
the extended filing deadline (October 31, 2018) due to outages in the
IBFS filing system around that deadline. Under the approach the
Commission adopts, the fact that an earth station has not filed an
exhibit demonstrating coordination with terrestrial Fixed Service
stations will not disqualify it as an incumbent earth station. For
earth stations licensed or registered before the processing window, the
Commission finds that renewal applications, as well as certifications,
filed by the May 28, 2019 certification deadline, effectively updated
or confirmed their earth station details. And finally, the Commission
makes clear that the definition does not include those whose
authorization terminated by law because the earth station was not
operational for more than 90 days.
104. Several commenters, including CCA, Microsoft, Motorola, and
Verizon, support the Commission's proposed definition of incumbent
earth stations. The Commission disagrees with commenters who assert the
definition is too restrictive. Earth station operators have been
provided ample opportunity to register their earth stations with the
Commission. In addition to waiving the coordination requirement during
the freeze filing window, the International Bureau took numerous other
steps to ease the filing process, including conducting tutorials and
providing step-by-step filing instructions on the Commission's website
to assist those unfamiliar with the International Bureau's filing
system. Moreover, the filing deadline was extended numerous times to
accommodate filers. Therefore, contrary to the arguments of some
commenters, the Commission has decided not to open another window for
the registration of earth stations that existed as of April 19, 2018.
105. The Commission also declines to adopt the C-Band Alliance's
suggestion that incumbent earth stations should encompass all earth
stations identified by the C-Band Alliance. The Commission finds that
there is a significant public interest in providing a stable,
comprehensive list of incumbent earth stations that meet the criteria
described above. The members of the C-Band Alliance and other space
station operators may, of course, treat unregistered earth stations
like incumbent earth stations for their own commercial purposes. But
any such commercial decisions are outside the scope of this proceeding.
106. The Commission also adopts the proposal in the NPRM that the
classes of earth stations entitled to protection and transition are
those registered as fixed or temporary fixed (i.e., transportable)
earth stations in IBFS. That proposal was supported by the record. The
Commission did not propose to include other classes of earth stations
registered in IBFS, such as earth stations on vessels and other
licensees operating under blanket earth stations, and the record does
not support the inclusion of any additional classes of earth stations.
The Commission directs the International Bureau to complete the
[[Page 22819]]
processing of earth station license and registration applications filed
during the limited freeze filing window.
107. As the Commission proposed in the NPRM, any receive-only earth
stations that failed to meet the requirements to be incumbent earth
stations will be removed from IBFS. In the NPRM, the Commission
proposed to update IBFS to terminate 3.7-4.2 GHz band earth stations
licenses or registrations for which the licensee or registrant had not
timely filed the certification required by the July 2018 Order (to the
extent it held or applied for a license or registration before April
19, 2018). Several commenters support such termination, as well as
eliminating an obligation to protect those stations from harmful
interference. For the same reasons that the Commission limits incumbent
earth stations to those that timely filed the required certifications
or submitted renewal applications by the certification deadline, the
Commission now directs the International Bureau to terminate
automatically the registrations of those uncertified receive-only earth
stations in IBFS, consistent with our treatment of surrendered licenses
and registrations that no longer authorize operations. The Commission
proposes to modify the licenses of transmit-receive earth stations that
failed to submit a certification or submit a renewal application by the
certification deadline to remove their protection rights in 3.7-4.0 GHz
and to allow them to continue to receive transmissions on an
unprotected basis in 4.0-4.2 GHz. These licensed transmit-receive earth
stations will not be considered eligible earth stations and will not be
eligible to have their relocation expenses reimbursed, but can adjust
their reception so as to receive transmissions to the upper 200
megahertz at their own expense.
2. Clearing the 3.7-4.0 GHz Band of FSS Operations
108. The Commission next adopts rules to limit FSS operations to
the 4.0-4.2 GHz band in the contiguous United States. To accomplish
this goal and make the 3.7-4.0 GHz band available for terrestrial
wireless use, the Commission uses its authority under Section 316 of
the Communications Act to modify the existing FSS licenses and market
access authorizations held by space station operators in the band. The
Commission finds that such modifications are consistent with its
statutory authority, supported by judicial and Commission precedent,
and will serve the public interest. The Commission also revises its
rules to prohibit new applications for space station licenses and new
petitions for market access concerning space-to-Earth operations in the
3.7-4.0 GHz band in the contiguous United States.
109. Clearing Space Station Operations.--Section 316 of the
Communications Act vests the Commission with broad authority to modify
licenses ``if in the judgment of the Commission such action will
promote the public interest, convenience, and necessity.'' The
Commission finds that modifying the authorizations of incumbent space
station operators to clear use of the 3.7-4.0 GHz band (and confine
their operations in the contiguous United States to the 4.0-4.2 GHz
band) is within the Commission's statutory authority, consistent with
prior Commission practice, and will promote the public interest
convenience, and necessity. The Commission accordingly proposes to
modify the authorizations of the incumbent space station operations to
carry out the clearing of this band.
110. The Commission has long relied on Section 316 to change or
reduce the frequencies used by a licensed service where it has found
that doing so would serve the public interest. For example, in the 2002
MSS Order, the Commission relied on its Section 316 authority to
relocate the Motient Services, Inc. (Motient) spectrum assignment from
solely upper L-band frequencies to mostly lower, internationally
coordinated L-band frequencies and reduce it from 28 to 20 megahertz,
to enable Motient to construct and operate an economically viable MSS
system without interfering with maritime distress and safety
communications. In the DEMS Relocation Order, the Commission, pursuant
to Section 316, modified licenses to relocate the operations of certain
Digital Electronic Message Service (DEMS) licensees from the 18 GHz
band to the 24 GHz band, in order to accommodate Department of Defense
military systems. Similarly, in the 2004 800 MHz Order (69 FR 67823,
Nov. 22, 2004), the Commission relied on Section 316 to relocate the
public safety and other land mobile communications systems operating in
the 800 MHz band to new spectral locations both within and outside the
band (including the relocation of a large set of licenses then held by
Nextel Communications, Inc., to the 1.9 GHz band), in order to
eliminate the interference to the public safety and other high site,
non-cellular systems caused by the inherently incompatible operations
of the band's cellular-architecture multi-cell systems. The Commission
has also relied on its Section 316 authority to ``rearrang[e] licensees
within a spectrum band.'' And as part of the recent Spectrum Frontiers
incentive auction, the Commission modified the authorizations of
incumbent licensees by altering their assigned frequencies and, in many
cases, their geographic service areas, in a way that ensured that the
spectrum usage rights under the modified licenses were comparable to
those under the originally configured licenses.
111. Notably, the Commission's modification authority under Section
316 does not require the consent of licensees. As the United States
Court of Appeals for the District of Columbia Circuit has stressed,
``if modification of licenses were entirely dependent upon the wishes
of existing licensees, a large part of the regulatory power of the
Commission would be nullified.'' \1\ Indeed, that court has reiterated
that Congress broadened the Commission's discretion by adding Section
316, which ``provides the FCC with the authority to modify licenses
without the approval of their holders.'' \2\ Rather, the Commission
need only find, as it does here, that the modification ``serves the
public interest, convenience and necessity.'' \3\ Further, the courts
have consistently held that the Commission may exercise its license
modification authority as part of a rulemaking proceeding, as it does
here.\4\
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\1\ Peoples Broadcasting Co. v. United States, 209 F.2d 286, 288
(D.C. Cir. 1953).
\2\ Rainbow Broadcasting v. FCC, 949 F.2d 405, 410 (D.C. Cir.
1991).
\3\ California Metro Mobile Commc'ns, Inc. v. FCC, 365 F.3d 38,
45 (D.C. Cir. 2004). As the D.C. Circuit has noted, the Commission's
judgements on the public interest arising from a license
modification ``are entitled to substantial judicial deference.''
NTCH, Inc. v. FCC,--F.3d --, 2020 WL 855465 at *7 (D.C. Circ. 2020).
\4\ See Celtronix Telemetry, Inc. v. FCC, 272 F.3d 585, 589
(D.C. Cir. 2001) (citing cases and noting that the Commission
retains the power ``to alter the term[s] of existing licenses by
rulemaking'').
---------------------------------------------------------------------------
112. The International and Wireless Telecommunications Bureaus
sought comment on the scope of our Section 316 authority to modify
licenses in this proceeding in the May 3 Public Notice. The record
confirms that modifying the licenses of the incumbent space station
operators falls within the scope of the Commission's authority and
would serve the public interest. As several commenters argue, modifying
the authorizations of the incumbent space station operators is in the
public interest because it will enable the clearing of 280 megahertz
for public auction while preserving the content distribution system
currently offered over the C-band spectrum by reserving for incumbent
space station operators the upper 200 megahertz of the band.
113. One constraint, however, is that Congress limited the
Commission's
[[Page 22820]]
authority to only ``modify'' a license under Section 316, which the
courts have construed to mean we may not effect a ``fundamental
change'' to a license under this authority. Although effectively
revoking a license or substantially disrupting a licensee's ability to
provide service may amount to a fundamental change, courts have
repeatedly found that if a licensee can continue to provide
substantially the same service, a modification to that license is not a
fundamental change.
114. The Commission finds that the upper 200 megahertz of spectrum
it is reserving for future FSS operations is sufficient to continue the
services that are provided today over the whole 500 megahertz of the C-
band. Indeed, all incumbent space station operators that responded to
the space-station data collection have agreed that the upper 200
megahertz portion of the band provides a sufficient amount of spectrum
to support their services. Users of FSS services, agree that 200
megahertz is a sufficient amount of spectrum for space station
operators to continue their services uninterrupted. Indeed, by adopting
the clearing plan proposed by incumbent space station operators
themselves and that they themselves have claimed allows for the full
range of C-band services to continue in the contiguous United States,
the Commission is confident that incumbent space station operators can
continue to offer the services they do today after they clear their
operations out of the 3.7-4.0 GHz band (and thus that this license
modification does not constitute a fundamental change).
115. In sum, the Commission finds that a Section 316 modification
would serve the public interest, as it will spur the investment in and
deployment of next generation wireless services, while ensuring that
incumbent space station services will be able to maintain the same
services as they are currently providing. Consistent with prior
practice, in these circumstances the Commission will accord to grants
of market access the same protections in this regard that we accord to
Commission licenses and grants of market access.
116. The Commission notes that, consistent with the scope of the
public auction it adopts, the Section 316 license modification that the
Commission adopts applies only to licenses and grants of market access
held within the contiguous United States; authorizations for FSS
operations outside of the contiguous United States may continue to
operate in the entire 3.7-4.2 GHz band. Commenters argue, and the
Commission agrees, that the Commission should exclude locations outside
of the contiguous United States from the license modification.
Locations outside of the contiguous United States, many of which are
remote, have a greater need for a wide variety of C-band services,
particularly for the provision of services necessary for the protection
of life and property--including telehealth, E911, and education
services.
117. The Commission finds that retaining C-band operation is
important for the time being in areas outside of the contiguous United
States. As a result, the Commission believes it is appropriate to
exclude PEAs outside of the contiguous United States from the proposed
license modification, notably in the Honolulu, Anchorage, Kodiak,
Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S.
Virgin Islands, American Samoa, and the Gulf of Mexico PEAs (PEA
numbers 42, 212, 264, 298, 360, 412-416) and FSS operations in those
PEAs may continue to use the entire 3.7-4.2 GHz band.
118. The Commission also notes that, due to the nature of space-to-
earth transmissions and the practicalities of space-to-earth
communications, it does not modify the authorizations of incumbent
space station operators to prohibit transmissions in the 3.7-4.0 GHz
band entirely. Transmissions from space station operators can reach
many countries at the same time. As a result of this, many
transmissions from space station operators sent to locations outside of
the contiguous United States and other countries may incidentally
transmit to earth stations within the contiguous United States. Since
space-to Earth transmissions pose no risk of harmful interference to
terrestrial wireless operations, the Commission will allow such
incidental transmissions without penalty, if the transmissions are duly
authorized by a foreign government or the Federal Communications
Commission. In other words, the Commission allows those transmissions
that incidentally occur within the contiguous United States but are
directed at earth stations outside that area. Beyond these incidental
transmissions, the Commission will only permit space station operators
to continue to operate in the contiguous United States in the 3.7-4.0
GHz band on an unprotected basis after the sunset date for the purpose
of transmitting service to earth stations at four designated TT&C
sites.
119. The C-Band Alliance and the Small Satellite Operators have
argued that eliminating their right to operate and be protected from
harmful interference over the lower 300 megahertz of the C-band without
their consent would constitute a fundamental change to their license.
The C-Band Alliance and the Small Satellite Operators also argue that,
even if their existing services could continue after the transition,
modifying their licensees would impermissibly alter their ability to
expand their services to additional customers. The Commission
disagrees. The D.C. Circuit has consistently upheld the Commission's
authority to modify licenses where the affected licensee is able to
continue providing substantially the same service following the
modification. Thus, regardless of the amount of spectrum being
repurposed or the licensees' ability to expand its operations after its
license is modified, the primary consideration in determining whether a
Section 316 modification is valid is whether the licensee will be able
to provide substantially the same service after the modification as it
was able to provide before. In the case of the C-Band Alliance and
Eutelsat, the record clearly demonstrates that C-Band Alliance members
will--by their own admission--be able to continue to provide service to
their existing customers after the transition. For the Small Satellite
Operators, the record clearly demonstrates that their members provide
little to no service in the contiguous United States today and, as
such, the remaining 200 megahertz of spectrum available after the
transition period exceeds any reasonable estimate of their needs.
120. First, the amount of spectrum repurposed under a 316
modification is not the controlling factor in determining whether such
a modification is valid. The C-Band Alliance and the Small Satellite
Operators in particular contend that removing a licensee's rights to
operate in 60% of the spectrum covered by its license constitutes a
fundamental change to the license on its face. They argue that a
reduction in the spectrum use rights afforded a licensee constitutes a
fundamental change, regardless of whether the licensee is actually
using the spectrum at the time. Both the C-Band Alliance and the Small
Satellite Operators point to a decision by the Supreme Court, MCI
Telecommunications Corp. v. FCC, which they assert supports their
argument that the reduction of a certain percentage of a licensee's
spectrum usage rights has been found to exceed the Commission's
``modification authority.'' \5\ However, the Court in MCI was
addressing a statutory
[[Page 22821]]
interpretation question under Title II of the Act: Whether ``the
statutory phrase `modify any requirement' gave it authority to
eliminate rate-filing requirements, `the essential characteristic of a
rate regulated industry,' for long-distance telephone carriers.'' \6\
It was not examining the scope of the Commission's ability to modify a
license pursuant to its ``broad authority to manage spectrum'' under
Title III \7\ including its specific authority under Section 316 to
modify the terms of licenses if--``in the judgment of the
Commission''--such action ``will promote the public interest,
convenience, and necessity.'' \8\ Ultimately, the Court concluded that
rather than a legitimate exercise of the Commission's authority to make
modifications in the tariffing requirement established by the Act,
``[w]hat we have here, in reality, is a fundamental revision of the
statute, changing it from a scheme of rate regulation in long-distance
common-carrier communications to a scheme of rate regulation only where
effective competition does not exist. That may be a good idea, but it
was not the idea Congress enacted into law in 1934.''
---------------------------------------------------------------------------
\5\ MCI Telecommunications Corp. v. AT&T, 512 U.S. 218, 228-29
(1994).
\6\ City of Arlington v. FCC, 569 U.S. 290, 304 (2013).
\7\ Cellco P'ship v. FCC, 700 F.3d 534, 541-42 (D.C. Cir. 2012)
(D.C. Cir. 2012) (``expansive powers''), quoting NBC v. United
States, 319 U.S. 190, 216 (1943); see also NTCH, Inc. v. FCC,--
F.3d--, 2020 WL 855465 at *6 (D.C. Cir. 2020).
\8\ 47 U.S.C. 316(a)(1).
---------------------------------------------------------------------------
121. Rather than standing, as the C-Band Alliance and the Small
Satellite Operators would have it, for the proposition that a 60%
change of anything, under any circumstances, cannot be regarded as a
modification, MCI represents the Court's view that eliminating a
requirement entirely is not a ``modification'' of that requirement. In
this context, the Commission agrees that eliminating an incumbent space
station operator's right to transmit entirely would not be a
modification--but that is not what the Commission does here. Instead,
the Commission finds that where an incumbent will be fully reimbursed
to upgrade its facilities so that it can provide the same level of
service more efficiently using less spectrum, requiring the incumbent
to do so falls within the Commission's Title III authority to modify a
license. In other words, a 60% reduction in spectrum available to an
incumbent space station licensee--under the terms and conditions
specified herein that provide the continuation of service throughout
and after a transition--would not fundamentally change the overall
nature of the rights and privileges originally granted under its
license, and that the action therefore falls within the modification
authority that Congress intended to bestow upon the Commission in
granting this agency its broad Section 316 authority.
122. Indeed, since MCI, courts have examined various license
modifications that the Commission has ordered under its Section 316
authority under the same basic standard the Commission is applying
here--asking whether the modifications have worked a fundamental change
in the nature of the license, using as a touchstone whether the
licensee can still provide the same basic service under the modified
license that it could prior to the modification. This functional test
does not apply an arbitrary numerical limit on the amount of spectrum
that must be preserved under a license. Thus, the C-Band Alliance and
Small Satellite Operators' argument for applying such a test is
contrary to both case law and Commission precedent.
123. Second, the Commission rejects C-Band Alliance and the Small
Satellite Operators' contention that, since they will be foreclosed
from transmitting to earth stations below 4.0 GHz, their licenses will
be fundamentally altered. To the extent their argument rests on the
potential foreclosure of the future reception of their signals by
registered earth stations in the 3.7-4.0 GHz band, the Commission finds
that any harm is, at best, speculative. The incumbent space station
licensees will retain flexibility to expand their business within the
4.0-4.2 GHz band after the transition. With the deployment of
compression and other technologies, this block is sufficient to at
least serve the licensees' existing customers--which is the relevant
standard governing the legality of a 316 modification--and may provide
flexibility to obtain additional customers. The Commission notes that
the failure of the Small Satellite Operators to demonstrate any
significant past, present, or future base of earth station customers
makes it reasonable to assume that any opportunities they might be
losing as a result of the Commission's actions are, on a practical
level, de minimis. Moreover, the opportunities they will have to
continue to serve existing customers and to obtain new customers are
sufficient to support the Commission's determination that the
modification the Commission makes to their authorizations does not
constitute a fundamental change. The Small Satellite Operators have
failed to demonstrate their ability to lure existing customers away
from their contracts with other providers or to explain how they had
planned to obtain new customers, including how they planned to compete
against the growing reliance on fiber delivery services as a high-
quality substitute for satellite delivery.
124. Third, space station incumbents will not incur any
unreimbursed reasonable expenses as a result of this license
modification. Under the rules adopted here, the new C-band entrants
would pay for the cost of the reconfiguration of all incumbent earth
stations, as well as reasonable relocation costs associated with
repacking FSS operations into the upper portion of the band. In sum,
because the record indicates that space station operators will continue
to be able to serve their customers with essentially the same services
under very similar terms following the license modification we adopt
today, and should not suffer any interruption of service during the
repacking process, the Commission concludes that any reduction in
spectrum access rights here will not effect a ``fundamental change''
for these companies under Section 316 precedent.\9\
---------------------------------------------------------------------------
\9\ See Mobile Relay Assocs. v. FCC, 457 F.3d 1, 12 (D.C. Cir.
2006) (upholding the Commission's decision not to compensate a
licensee for hypothetical customer loss it might suffer as a result
of rebanding).
---------------------------------------------------------------------------
125. The record in this proceeding, which sought comment on this
question, supports this conclusion. The Commission also rejects the
argument that, by modifying FSS space station licenses to remove their
authorization in the lower 300 megahertz, the Commission will establish
a ``dangerous precedent about the FCC's ability to unilaterally devalue
existing licenses.'' First, it is unlikely that the Commission's
decision to modify incumbent licenses in a manner that will allow them
to continue to provide service to their customers and reimburse them
for all of the relocation costs associated with the transition will
appreciably devalue other, similarly situated non-exclusive licenses.
According to SIA, the C-band satellite industry has been able to
realize a return on their investments in the band amounting to an
estimated $340 million in revenue per year. Given that incumbent space
station operators will be fully reimbursed for the transition, the
Commission finds that they will be able to continue to realize such
returns after they transition to the upper 200 megahertz of the band,
and that the actions the Commission takes here will not have a chilling
effect on potential licensees going forward.
[[Page 22822]]
126. Second, by their very nature, these incumbent space station
licenses are fundamentally distinct, and easily distinguishable, from
the exclusive geographic terrestrial licenses that the Commission
issues through competitive bidding both in the rights conferred to the
licensees and the method by which they are issued. Incumbent space
station licensees have non-exclusive access to the band and did not
obtain their current licenses through competitive bidding. Indeed,
space station operators with grants of market access did not even have
to pay an application fee to receive their license and have not been
obligated to pay any regulatory fees as a condition of the
authorization. Thus, unlike terrestrial licensees, incumbent space
station operators have no expectation of exclusive access to a
particular spectrum band and incurred no appreciable costs for use of
this valuable public resource beyond investment in their own network.
These clear differences are more than sufficient to distinguish
incumbent space station licenses from exclusive terrestrial licenses
and should reassure terrestrial licensees that their license rights
will not be appreciably devalued by our actions in this order.
127. What is more, satellite licensees in this band can effectively
reuse spectrum at the same terrestrial location without causing
interference to overlapping transmissions. This effectively gives them
more capacity than the spectrum in their licenses would provide without
these techniques, and this will continue to be the case when they
transition to the upper 200 megahertz of the band. Space station
operators in the 3.7-4.2 GHz band are authorized to use the entire band
exclusively at any orbital slot, but non-exclusively in terms of
geographic coverage. Satellites operating in the C-band typically have
24 transponders, each with a bandwidth of 36 megahertz. Thus, the 24
transponders on a given satellite provide capacity that is equivalent
to 864 megahertz of spectrum, or 364 megahertz more than the 500
megahertz currently available. This is the result of spectrum reuse--
adjacent transponders overlap, and self-interference is avoided by
using opposite polarizations. Today, multiple FSS incumbents using
satellites deployed at different locations in the geostationary orbit
can transmit within the same geographic boundaries over different
frequencies or polarizations. After the transition, space station
operators will still be able to use the same mechanisms to effectively
achieve more capacity than the spectrum in their licenses will provide.
In addition, they will be able to take advantage of new technologies to
improve spectral efficiency (that will be implemented and funded by the
transition), such as improved data compression and modulation
techniques to further improve their spectral efficiency.
128. The Commission likewise rejects the argument that a Section
316 modification of FSS space station licenses to remove authorization
in the lower 300 megahertz would constitute an unlawful ``taking''
under the Takings Clause of the U.S. Constitution. Commission licenses
do not constitute a property right. Section 301 of the Act states that
Commission licenses ``provide for the use of [radio] channels, but not
the ownership thereof, by persons for limited periods of time.''
Section 304 of the Act requires licensees to waive ``any claim to the
use of any particular frequency or of the electromagnetic spectrum as
against the regulatory power of the United States because of the
previous use of the same, whether by license or otherwise.'' Courts
have generally affirmed that spectrum rights are not property rights
subject to the Takings Clause.\10\ The plain language of the Act makes
clear that a spectrum license is just that--a license to use spectrum--
not a deed of ownership. The mere existence of Section 316 authority to
modify licenses, including by removing authorization to operate on
certain frequencies, makes clear that a Commission license is not an
absolute property right to which the Takings Clause might apply.
---------------------------------------------------------------------------
\10\ See, e.g., NextWave Pers. Commc'ns, Inc., 200 F.3d 43, 51
(2d Cir. 1999), cert. denied, 531 U.S. 924 (2000) (citing 47 U.S.C.
301 (the purpose of the Communications Act is to ``to provide for
the use of [radio] channels, but not the ownership thereof'')).
---------------------------------------------------------------------------
129. Furthermore, even if FSS space station authorizations
conferred cognizable property rights, which they do not, the license
modification the Commission adopts in this Report and Order would not
amount to a taking. A regulatory taking occurs ``where a regulation
denies all economically beneficial or productive use'' of the
property.\11\ The Commission agrees that, ``because C-band satellites
will still have significant economic benefit for the duration of their
authorizations despite the C-band transition, the potential for a
regulatory taking is significantly diminished.'' The U.S. Supreme Court
has explained that a taking is not readily found where ``interference
arises from some public program adjusting the benefits and burdens of
economic life to promote the common good.'' \12\ Here, by the space
station operators' own admission, they will be able to continue to
provide service to their existing customers after the transition, and
the Commission adopts rules ensuring that incumbent FSS licensees are
made whole for any costs they incur as a result of the transition. The
Commission's modification of incumbent FSS licenses therefore does not
amount to a taking under the U.S. Constitution.
---------------------------------------------------------------------------
\11\ See Lucas v. South Carolina Coastal Council, 505 U.S. 1003,
1015 (1992); Agins v. City of Tiburon, 447 U.S. 255, 260-61 (1980)
(balancing the property owner's economic losses and lost reasonable
investment-backed expectations against the character of the
government action).
\12\ Penn Central Transportation Co. v. New York City, 438 U.S.
104, 124 (1978) (citing Pennsylvania Coal Co. v. Mahon, 260 U.S.
393, 413 (1991) (``[g]overnment hardly could go on if to some extent
values incident to property could not be diminished without paying
for every such change in the general law'')).
---------------------------------------------------------------------------
130. Clearing Earth Station Operations.--Finally, the Commission's
public interest analysis for transitioning the 3.7-3.98 GHz band to
flexible use and reserving the 3.98-4.0 GHz band as a guard band
extends to incumbent earth stations. The Commission reiterates its
finding above that earth station registrants are not licensees. The
Commission issues licenses pursuant to its authority under Title III of
the Act, which requires a license for ``the transmission of energy, or
communications or signals by radio.'' The Commission has long concluded
that, because receive-only earth stations do not transmit, they do not
require a license under Section 301 of the Act. In adopting rules
providing for earth station registrants to receive interference
protection through voluntary coordination, the Commission has done so
under its Title I ancillary authority to its ``other regulatory
responsibilities to maximize effective use of satellite
communications'' over which the Commission has express Title III
authority, including its Section 301 licensing and conditioning
authority and its Section 303 authority to regulate radio transmissions
in various specified ways, and made clear that a receive-only earth
station registration does not confer a license. While Section 316
governs the Commission's modification of licenses, the Commission is
not required by the Act to license receive-only earth stations and has
found that it is not in the public interest to do so. The Commission
has therefore relied on its ancillary authority to administer a
registration regime for these stations, which it has an ongoing
responsibility to modify as appropriate to ensure that it remains
consistent with its regulation in the
[[Page 22823]]
public interest of the licensed satellite stations. As an exercise of
that responsibility, the Commission is thus modifying the earth station
registrations to comport with the C-band reconfiguration it is ordering
herein, by limiting the frequencies on which these earth stations may
receive interference protection to the upper 200 megahertz of C-band
spectrum.
131. A relatively small number of earth stations that receive in
the 3.7-4.2 GHz band are licensed to transmit in another band (i.e.,
licensed transmit-receive earth stations). That license to transmit
does not provide the earth station operator with the right to transmit
in the C-band, where they hold no ``licensed spectrum usage rights.''
To the extent earth stations have licenses to transmit in another band,
the Commission finds that it has ample authority to propose to modify
their authorizations to eliminate their interference protection rights
in the lower 300 megahertz of the band, once cleared of satellite
operations under the Commission's Section 316 authority. Like with the
space station operators, this proposed modification does not effect a
fundamental change because earth stations will continue to receive the
same level of service (from satellite providers operating in the upper
200 megahertz of the band) and will remain able to provide the same
services to their own customers as before their registration or license
modification.
132. New Earth Stations.--On April 19, 2018, the staff released the
Freeze and 90-Day Earth Station Filing Window Public Notice (83 FR
35454, July 26, 2018), which froze applications for new or modified
earth stations in the 3.7-4.2 GHz band to preserve the current
landscape of authorized operations pending action as part of the
Commission's ongoing inquiry into the possibility of permitting mobile
broadband use and more intensive fixed use of the band through this
proceeding. Given its decision to limit FSS operations in the 3.7-4.0
GHz band in the contiguous United States but not elsewhere, the
Commission converts the freeze for new FSS earth stations in the 3.7-
4.0 GHz band in the contiguous United States into an elimination of the
application process for registrations and licenses for those
operations, and the Commission lifts the freeze for new FSS earth
stations in the 3.7-4.2 GHz band outside of the contiguous United
States as of the publication date of the Report and Order.
133. The Commission revises the part 25 rules such that
applications for 3.7-4.0 GHz band earth station licenses or
registrations in the contiguous United States will no longer be
accepted. Several commenters support permanently limiting eligibility
to file applications for earth station licenses or registrations to
incumbent earth stations. The Commission finds that limiting, as
described, the registration of new earth stations in spectrum being
transitioned to primary terrestrial use will provide a stable spectral
environment for more intensive terrestrial use of 3.7-3.98 GHz and
facilitate the rapid transition to terrestrial use.
134. With respect to registered incumbent earth stations that are
transitioned to the 4.0-4.2 GHz band, the Commission will permit these
earth stations to be renewed and/or modified to maintain their
operations in the 4.0-4.2 GHz band. The Commission will not, however,
accept applications for new earth stations in the 4.0-4.2 GHz portion
of the band for the time being, during this transition period.
135. New Space Station Operations.--Consistent with its decision to
continue to permit satellite operations in the upper 200 megahertz of
the C-band, the Commission modifies its proposal to revise the rules to
codify the International Bureau's June 21, 2018 freeze. Specifically,
the Commission revises its rules to prohibit new applications for space
station licenses and new petitions for market access concerning space-
to-Earth operations in the 3.7-4.0 GHz band in the contiguous United
States. Outside the contiguous United States for the 3.7-4.2 GHz band
and nationwide for the 4.0-4.2 GHz band, these revisions do not apply.
For the contiguous United States, allowing new satellite space station
applicants to claim access to the 4.0-4.2 GHz FSS band could complicate
the transition process. Accordingly, the Commission will continue the
freeze on new applicants until the transition is completed, which will
allow incumbent space station operators the flexibility to launch
additional satellites to achieve an efficient transition to the upper
portion of the band. Once the transition is completed, the
International Bureau is directed to release a public notice announcing
that the freeze is lifted.
136. Several terrestrial wireless operators support limiting new
space station operations as proposed by the Commission. The Commission
finds its approach strikes the appropriate balance between not allowing
new space station applicants to claim access to the band to complicate
the transition process and providing incumbent space station operators
the flexibility to launch additional satellites to achieve an efficient
transition to the upper portion of the band.
3. Transition Schedule
137. Consistent with the Emerging Technologies framework, the
Commission finds a mix of carrots and sticks best accommodates the need
to clear FSS operations out of the lower 300 megahertz as quickly as
possible to facilitate new terrestrial, flexible-use operations and the
need to preserve the content distribution ecosystem now contained in
the C-band. Given the disagreements in the record on how long the
transition will take, the Commission finds that a multi-stage
transition that offers both positive incentives to operators for
clearing early as well as negative incentives for operators that fail
to clear by the end of the sunset period will best serve these goals.
138. The Commission establishes a Relocation Deadline of December
5, 2025 to ensure that all FSS operations are cleared in a timely
manner, as well as two Accelerated Relocation Deadlines--a Phase I
deadline of December 5, 2021 and a Phase II deadline of December 5,
2023--for incumbent space station operators that voluntarily relocate
on an accelerated schedule (with additional obligations and incentives
for such operators). And the Commission sets forth the consequences for
meeting or failing to meet these deadlines.
139. In the NPRM, the Commission sought comment on reasonable
benchmarks for incumbent space station operators to clear and make C-
band spectrum available for flexible use to ensure a timely transition
process. Recognizing that spectrum would likely be cleared
incrementally over the course of the full clearing process, the
Commission sought comment on appropriate periodic reporting
requirements, as well as any procedural safeguards or penalties that
may be necessary if the transition facilitator is unable to clear the
spectrum within the designated clearing time period.
140. The record is divided on how long it will take to clear the
lower 300 megahertz for terrestrial operations and relocate incumbent
space station operators and incumbent earth stations to the upper 200
megahertz. In the context of proposing a private sale, the C-Band
Alliance states that it could clear and repack enough satellite
transponders to make 280 megahertz of spectrum available for 5G use in
the contiguous United States within 36 months of such a sale in a two-
step process. First, within 18 months of Commission action in this
proceeding,
[[Page 22824]]
the C-Band Alliance would be able to clear 120 megahertz in 46 of the
top 50 PEAs. The C-Band Alliance claims it could achieve this benchmark
without the need to launch new satellites. To achieve this, the C-Band
Alliance proposes to provide passband filters to all earth stations
that potentially may be affected by wireless terrestrial operations
anywhere within the PEA, including earth stations that are outside of,
but near enough to, the PEA to experience harmful interference. Second,
within 36 months of its private sale, the C-Band Alliance would be able
to clear the remaining PEAs for the first 120 megahertz, as well as an
additional 180 megahertz throughout the contiguous United States. Space
station operators that are not members of the C-Band Alliance support a
rapid transition of C-band spectrum and have put forth similar
transition timelines to those proposed by the C-Band Alliance. Eutelsat
supports the 18- and 36-month timelines proposed by the C-Band
Alliance, and states that, with diligent effort from all interested
parties, an auction could commence in 2020, with transition milestones
for the release of 100 megahertz and 300 megahertz of spectrum for
flexible use at the end of 2021 and 2023, respectively. The Small
Satellite Operators agree that 300 megahertz of C-band spectrum could
be made available for 5G within 18 to 36 months through the use of non-
proprietary, readily available compression technology. And other
commenters agree that the proposed 18-month and 36-month timelines are
attainable if all stakeholders' incentives are properly aligned.
141. Some commenters express skepticism that a transition of FSS
operations can be accomplished under the timelines proposed by the C-
Band Alliance. Meanwhile, users of FSS services like broadcasters
simply caution that the transition will be enormous and complex.''
142. Given that the members of the C-Band Alliance and Eutelsat
manage most of the C-band satellite traffic today and are the most
knowledgeable parties about their operations in the C-band, the
Commission is inclined to give the C-Band Alliance and Eutelsat the
opportunity to make good on their claims that they can relocate
existing C-band operations into the upper 200 megahertz quickly and to
provide incentives for them to do so. The Commission nonetheless
recognizes that the transition may take longer than the C-Band Alliance
and Eutelsat claimed was necessary as a technical matter. Given the
reasoned skepticism of many in the record and our own agreement with
commenters that this transition will be an enormous and complex task,
the Commission adopts a somewhat longer Relocation Deadline of five
years to ensure the protection of incumbent earth stations should the
transition take longer than the C-Band Alliance has forecast.
143. Specifically, the Commission concludes that a Relocation
Deadline of December 5, 2025 is in the public interest. In particular,
the Commission finds that the December 5, 2025 transition date strikes
a fair and appropriate balance between bringing C-band spectrum to
market and ensuring space station operators, earth station operators,
and other stakeholders have the necessary time to complete this
transition in a careful, fair, and cost-effective manner. This date
ensures this spectrum will be made available for flexible use, while
guaranteeing that vital television and radio services currently
provided using the C-band will continue operating without interruption,
both during and after the transition.
144. FSS operations in the C-band are critical to the delivery of
television and radio programming, as well as many other services, for
tens of millions of Americans, and it is in the public interest to
ensure that these services are not disrupted. Given this, it is in the
public interest to avoid sunsetting FSS operations before all services
can be transitioned fully out of this part of the band. And the
Commission finds that, even with the uncertainties in the record, a
transition period through December 5, 2025 will be sufficient to ensure
continued operations throughout the contiguous United States and the
relocation of stations to the upper 200 megahertz of the band.
145. In setting the Relocation Deadline, the Commission must also
account for the costs to the American public from delays in freeing up
this important mid-band spectrum for terrestrial use, including for 5G.
The C-Band Alliance itself has claimed that ``[e]ach year of [delaying
the deployment of C-band spectrum for flexible use] is value lost
forever--here, about $50 billion or more per year in consumer
surplus.'' Whatever the merits of that particular valuation, the
Commission agrees that delaying the transition of this spectrum longer
than necessary will have significant negative effects for the American
consumer and American leadership in 5G. The Commission thus finds that
because a 2025 deadline is sufficient to relocate existing FSS
operations, it is imperative we set the Relocation Deadline no later
than 2025 so that we do not delay the use of this valuable public
resource any longer than necessary.
146. The Commission notes that a five-year Relocation Deadline is
wholly consistent with our precedent and past spectrum transitions. The
Commission has overseen several complex transitions in other bands,
involving thousands of authorized entities with diverse operational
needs, customer bases, and technical requirements. Recent transition
timelines have been as short as 39 months--such as in the Broadcast
Incentive Auction--or longer than fourteen years--as in the 800 MHz
transition.
147. In the 800 MHz Order, the Commission repacked portions of the
800 MHz band to address a growing problem of harmful interference to
800 MHz public safety communication systems caused by the inherent
incompatibility of those systems with high-density commercial wireless
systems when situated in an increasingly congested, interleaved
spectral environment. The 800 MHz repack has taken over fourteen years
to complete, due to the need to ensure public safety transmissions are
not disrupted. In contrast, the Commission expects the transition after
the Broadcast Incentive Auction, which involves repacking full power
and Class A television broadcast facilities, will take only 39 months.
The Broadcast Incentive Auction, authorized by Congress, sought to
reallocate spectrum used by TV broadcasters in order to provide new
spectrum to be used for next generation wireless services. TV
broadcasters, who previously used portions of spectrum above Channel
37, ranging from 614 MHz to 698 MHz, were assigned to a channel ranging
from Channel 2 to Channel 36, consisting of the VHF low band (between
Channel 2 and Channel 6), the VHF high band (between Channel 7 and 13),
and the UHF band (between Channel 14 and 36). Additionally, some TV
broadcasters operating in channels below Channel 37 were relocated to
other channels below Channel 37.
148. The Commission sees this transition as more analogous to the
Broadcast Incentive Auction repacking than it is to the 800 MHz
transition. Here, unlike the 800 MHz transition, public safety services
are not at stake and--although incumbent operations will be protected
throughout the transition--moving FSS transmissions will not require
the careful incremental adjustments required in the 800 MHz repack. As
a result, repacking FSS transmission will not need as much time as has
been needed for the repack of the 800 MHz band. However, the
[[Page 22825]]
Commission also believes that the C-band transition may take longer
than the Broadcast Incentive Auction, as this transition will involve a
variety of different and complex elements that may require a longer
transition timeline. For example, the transition here will likely
require the design, construction, launch, and deployment of additional
new satellites. Additionally, that transition involved only 987 TV
licenses and not communications and coordination among and
reimbursement to thousands of satellite and earth station stakeholders.
149. C-band space station operators do not have direct contractual
relationships with many of the earth stations that receive their
service transmissions and, as such, it may take additional time and
effort to ascertain which FSS earth stations receive content from each
incumbent space station operator and to assign responsibility for
clearing each earth station. Regardless, the incumbent space station
operators are in the best position to expeditiously transition this
band to flexible use service and we note that they have already made
significant progress in identifying earth stations and developing
transition plans.
150. Despite having claimed it can complete the transition in three
years, the C-Band Alliance has recently suggested that Commission
precedent could require a 10-year (or greater) deadline for relocation
under the Emerging Technologies precedent. The Commission disagrees.
The Commission acknowledges that the Commission can and has set a 10-
year deadline before, for example, when it relied on the Emerging
Technologies framework to transition terrestrial fixed service
licensees relocating from the 18.58-18.8 GHz and 18.8-19.3 GHz bands,
to the 17.7-18.3 GHz band, in addition to allowing operations in the
18.3-18.58 GHz and 19.3-19.7 GHz bands on a co-primary basis. But in
doing so, the Commission expressly found that, based on the
circumstances before it, a sunset period of ten years for continued co-
primary status of existing terrestrial fixed stations was an
appropriate compromise that will allow these systems to continue to
operate in these bands, while giving FSS interests the option to pay
the cost of relocating such systems if FSS interests want to deploy
operations in those areas before the 10-year sunset. But just because
the Commission determined a ten-year transition was appropriate under
one set of facts does not mean that a ten-year sunset period is
appropriate or necessary for clearing the C-band. And the C-Band
Alliance fails to acknowledge that involuntary relocation procedures
became available after only two years in the precedent it cites--so no
incumbent was ``entitled'' to a ten-year transition.
151. Accelerated Relocation.--The Commission also adopts two
Accelerated Relocation Deadlines--a Phase I deadline of December 5,
2021 and a Phase II deadline of December 5, 2023--for incumbent space
station operators that voluntarily relocate on an accelerated schedule
(with additional obligations and incentives for such operators). The
Commission will provide an opportunity for accelerated clearing by
space station operators by making them eligible for accelerated
relocation payments, if those space station operators are able to meet
certain early clearance benchmarks for the band.
152. The Commission also finds that adopting rules to provide for
Accelerated Relocation Deadlines, with incentives for eligible space
station operators that voluntarily relocate according to an accelerated
schedule, will promote the rapid introduction of a significant tranche
of C-band spectrum by leveraging the technical and operational
knowledge of space station operators, aligning their incentives to
achieve a timely transition, and enabling that transition to begin as
quickly as possible. It is undisputed in the record that eligible C-
band space station operators are in a unique position to quickly clear
a significant portion of this band spectrally by using satellite
grooming to repack existing services into the upper portion of the
band. Thus, under this scenario, the clearing process would begin much
sooner and proceed at a more rapid pace in the years following release
of this Report and Order than if the Commission relied on the December
5, 2025 sunset date as the sole means of incentivizing space station
operators to make C-band spectrum available for flexible use.
153. Specifically, eligible space station operators will have the
option to clear according to the following accelerated clearing
timeline: (1) Clearing 100 megahertz (3.7-3.8 GHz) by December 5, 2021,
and (2) clearing the remaining 180 megahertz (3.8-3.98 GHz) by December
5, 2023. To satisfy the early clearing benchmarks, space station
operators would be required to clear an additional 20 megahertz by the
end of the clearing period to be used as a guard band to protect FSS
users that will continue to operate in the upper portion of the band.
154. In order to satisfy the Phase I Accelerated Relocation
Deadline, a space station operator must repack any existing services
and relocate associated incumbent earth stations throughout the
contiguous United States into the upper 380 megahertz of the C-band
(3820-4200 MHz) and must also provide passband filters to block signals
from the 3700-3820 MHz band to associated incumbent earth stations in
46 of the top 50 PEAs by December 5, 2021. To satisfy the Phase II
Accelerated Relocation Deadline, a space station operator must repack
any existing service and relocate associated incumbent earth stations
throughout the contiguous United States into the upper 200 megahertz of
the C-band (4.0-4.2 GHz), and provide passband filters to block signals
from the 3700-4000 MHz band to all associated incumbent earth stations
in the contiguous United States by December 5, 2023. In both instances,
the space station operator must not knowingly cause the incumbent earth
stations that receive its transmission to temporarily or permanently
lose service during or after the transition and must take all steps
necessary to allow incumbent earth station operators to continue to
receive substantially the same service during and after the relocation
that they were able to receive before the transition.
155. As discussed below, a space station operator must coordinate
with relevant earth station operators to perform any necessary system
modifications, repointing, or retuning to receive transmissions that
have been migrated to frequencies on new transponders or satellites,
and must ensure that any incumbent earth stations currently receiving
in the bottom 300 megahertz are able to continue receiving those
services once they are transitioned to the upper portion of the band.
156. Payments and Penalties Related to the Deadlines.--Incumbent
space station and earth station operators that clear their existing
services from the lower 300 megahertz by the Relocation Deadline shall
be eligible for reimbursement of their reasonable costs to transition.
157. In addition to reimbursement for their relocation costs,
incumbent space station operators that satisfy the Accelerated
Relocation Deadlines shall be eligible to receive an Accelerated
Relocation Payment. A space station operator that elects to accept the
Accelerated Relocation Payment for satisfying the Phase I Accelerated
Relocation Deadline must also commit to complete the transition of the
full 300 megahertz by the Phase II clearing deadline. If a space
station operator fails to satisfy either the Phase I or Phase II
[[Page 22826]]
deadline, it will not be eligible for the portion of the accelerated
relocation payment attributable to the deadline that it missed.
158. Space station operators that fail to clear their existing
services from the lower 300 megahertz by the final Relocation Deadline
will not receive reimbursement for their reasonable relocation costs or
any additional Accelerated Relocation Payments, and will also be
subject to penalties for their failure to timely clear. Radio
transmissions must be authorized by the FCC pursuant to Section 301,
and transmissions sent by space station operators after the Relocation
Deadline established above would be unauthorized and a violation of
Section 301. Unauthorized transmissions by incumbent space station
operators in violation of Section 301 can result in the imposition of
sanctions by the FCC on such operators, including forfeiture penalties.
Thus, after the Relocation Deadline, a space station operator which
continues to operate in the 3.7-4.0 GHz band with the willful purpose
of transmitting to earth stations within the contiguous United States,
both registered and unregistered, would be ``operat[ing] without an
instrument of authorization for the service'' and potentially subject
to forfeitures and other sanctions.
159. While the Commission will review any potential violations on a
case-by-case basis, unauthorized satellite transmissions to earth
stations could result in forfeitures based on each unauthorized
satellite operation, each unauthorized earth station operation, or each
day of unauthorized operation of such satellites and earth stations.
There are approximately 20,000 registered earth stations in the
contiguous U.S., and some space station operators--some of whom
transmit from multiple satellites--transmit to thousands of earth
stations in the contiguous U.S. A space station operator operating in
violation of its authorization could be assessed a separate violation
on a daily basis for each earth station to which they willfully
transmit and for each satellite from which the unauthorized
transmission is sent. Alternatively, the Commission may consider each
discrete transmission between a satellite and earth station a
violation, resulting in a penalty for each of those unauthorized
transmissions. Operation without an instrument of authorization for the
service carries a base forfeiture of $10,000 per violation.
160. The Commission's rules allow it to adjust forfeiture penalties
upward according to a set of criteria. Specifically, in exercising its
forfeiture authority, the Commission must consider the ``nature,
circumstances, extent, and gravity of the violation and, with respect
to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may
require.'' In addition, the Commission has established forfeiture
guidelines, under which the Commission may adjust a forfeiture upward
for violations that are egregious, intentional, or repeated, or that
cause substantial harm or generate substantial economic gain for the
violator. Thus, the Commission could potentially upwardly adjust the
forfeiture penalties for space station operators if it found that a
space station operator's misconduct merited an increase in penalties.
4. Relocation and Accelerated Relocation Payments
161. Under the framework the Commission adopts to facilitate a
public auction of 280 megahertz of C-band spectrum, new overlay
licensees must pay their share of relocation and accelerated relocation
payments to reimburse incumbents for the reasonable costs of
transitioning out of the lower 300 megahertz of the C-band in the
contiguous United States. In this section, the Commission explains its
authority to require such payments, explains what relocation costs are
compensable, estimates the total relocation payments, establishes the
accelerated relocation payments available to incumbent space stations
that elect for an accelerated transition and meet those deadlines, and
explains what share of the costs each overlay licensee will bear.
162. Authority to Require Payments.--The Commission finds that
incumbent space station operators and incumbent earth station operators
that must transition existing services to the upper portion of the band
should be compensated for the costs of that transition. Because winning
bidders will benefit from use of the spectrum, the Commission will
condition their licenses on making all necessary relocation and
accelerated relocation payments before they are allowed to deploy in
the spectrum made available for flexible use.
163. The Commission's broad spectrum management and licensing
authority under Section 303 provides it with the ability to ``[m]ake
such rules and regulations and prescribe such restrictions and
conditions, not inconsistent with law, as may be necessary to carry out
the provisions of this [Act.]'' \13\ The Commission has repeatedly used
this authority to impose conditions on new licensees, including
buildout conditions, public safety obligations, and obligations to
facilitate the transition of incumbents out of the spectrum at issue
before commencing operations.
---------------------------------------------------------------------------
\13\ 47 U.S.C. 303(r).
---------------------------------------------------------------------------
164. The Commission's authority to require new licensees to make
relocation payments to incumbents is well established. Starting in
1992, the Commission adopted a series of rules (known as the Emerging
Technologies framework) to enable new licensees to enter into voluntary
or mandatory negotiations with incumbent operators to clear a spectrum
band after which, failing an agreement, the new entrant could
involuntarily clear incumbent operations by expressing its intent to
commence operations in that band and paying for all reasonable
relocation costs. For example, in 2000, the Commission, recognizing
that new licensees in a band might be unable to design their systems to
avoid interference from incumbent stations, adopted a relocation
reimbursement process to ``afford[ ] reasonable flexibility'' for those
new licensees ``to roll out their operations in a timely and economic
manner.'' Similarly, in 2006, the Commission established procedures for
the relocation of Broadband Radio Service and Fixed Microwave Service
operation and further adopted cost-sharing rules to identify the
reimbursement obligations for new entrants benefitting from the
relocation of those incumbent services.
165. Notably, the Commission has taken a flexible approach in
applying the Emerging Technologies framework, tailoring the particular
obligations on incumbents and new licensees to suit the circumstances.
And so, for example, the Commission has imposed cost-sharing
obligations on incoming licensees to insure that relocation expenses
would be borne by all new licensees that would benefit from such
clearing--even if one such licensee were to take lead in working with
incumbents to facilitate speedier clearing. Indeed, in 2013, the
Commission adopted a cost-sharing mechanism for winning bidders to
reimburse the entities that had previously cleared incumbents from the
band.
166. Courts have upheld the Commission's use of this authority. In
1996, the U.S. Court of Appeals for the D.C. Circuit upheld the
Commission's repeal of an exemption, which had previously shielded
public safety licensees from a relocation regime in
[[Page 22827]]
which new licensees would pay all costs associated with relocating
incumbents to comparable facilities.\14\ The court found that the
Commission had ``adequately articulated a reasoned analysis based on
studies and comments submitted during the rulemaking process'' that
justified its decision to require all incumbent licensees, including
public safety licensees, to mandatory relocation. In the 2001 Teledesic
case, the D.C. Circuit, in affirming the Commission's authority to
adopt such relocation compensation mechanisms, noted that the
Commission's ``consistent policy has been to prevent new spectrum users
from leaving displaced incumbents with a sum of money too small to
allow them to resume their operations at a new location.'' \15\ The
court observed that it previously had approved aspects of a similar
relocation scheme, in a decision upholding the elimination of an
exemption for public safety incumbents from a relocation regime in
which new licensees would pay all costs associated with relocating
incumbents to comparable facilities.
---------------------------------------------------------------------------
\14\ Ass'n of Public Safety Communications Officials-Int'l, Inc.
v. FCC, 76 F.3d 395, 397, 400 (D.C. Cir. 1996).
\15\ Teledesic LLC v. FCC, 275 F.3d 75, 84-86 (D.C. Cir. 2001).
---------------------------------------------------------------------------
167. That same authority also allows the Commission to require
overlay licensees to make accelerated relocation payments--payments
designed to expedite a relocation of incumbents from a band. The
Commission starts again with the Emerging Technologies framework, in
which the Commission expressly allowed new licensees to make relocation
payments separate and above relocation expenses ``as an incentive to
the incumbent to locate quickly.'' For example, in reallocating certain
bands for PCS operations in the 1990s, the Commission provided that
incoming licensees could offer ``premium payments or superior
facilities, as an incentive to the incumbent to relocate quickly.'' Ten
years later, the Commission expressly authorized incentive payments to
incumbent operators to expedite clearing. In those transitions, the
Commission found that such acceleration agreements not only benefitted
both entrants and incumbents, but, more importantly, served the public
interest by significantly expediting transitions to flexible use.
168. Given the significant public interest benefits of clearing
terrestrial, mid-band spectrum more quickly, which would bring next-
generation services like 5G to the American public years earlier and
help assure American leadership in the 5G ecosystem, the Commission
finds that requiring overlay licensees to make accelerated relocations
is in the public interest. The Commission starts by noting the
significant benefits of accelerating a transition of this spectrum.
Studies in the record indicate that licensing mid-band spectrum will
lead to substantial economic gains. Economist Jeffrey Eisenach points
to ``consumer welfare gains from rapid allocation of C-band spectrum to
mobile broadband carriers,'' and he estimates that the ``annual
increase in consumer surplus is approximately equal to the total amount
paid by the purchasers.'' Eisenach also notes that ``for every year of
delay'' in making the C-band spectrum available, ``consumer welfare is
reduced by $15 billion.'' Similarly, Coleman Bazelon estimates that
just one year of delay in transitioning the spectrum would reduce the
value of repurposing the C-band by between 7% and 11%. Noting that the
``economic value of spectrum is only a fraction of its total social
value, the Brattle Group notes that ``every $1 billion in delay costs
would create total social costs of $10 billion to $20 billion.'' These
studies underscore the importance of incentivizing incumbents to clear
the band for 5G use as quickly as possible.
169. Next, the Commission finds that simply allowing overlay
licensees to negotiate with incumbent space station operators and
incumbent earth station operators for an expedited departure from the
band likely would prove ineffective in ensuring a speedy transition.
First, incumbent space station operators face holdout problems. The
complex nature of spectrum-sharing in the band (including the non-
exclusive, non-terrestrially-bound, full band, full arc transmission
rights held by each incumbent space station operator) poses one hurdle,
since persuading a single operator to accelerate relocation may have no
impact on expedited clearing of the band because other operators have
not relocated (for example, a single incumbent earth station operator
may have multiple earth stations clustered together, each pointing at a
different satellite owned by a different incumbent space station
operator). Because of this regulatory structure, each incumbent space
station operator has strong incentives to holdout to extract a
disproportionate premium for its participation. Second, overlay
licensees face free rider problems. If one flexible-use licensee pays
to clear a single PEA (let alone the contiguous United States), other
licensees could benefit significantly from the clearing without paying
their fair share. Third, numerous coordination problems exist.
Transitioning the C-band satellite ecosystem to the upper part of the
band will require communication and coordination with a large and
diverse group of entities with different interests, including multiple
incumbent space station operators and thousands of incumbent earth
stations. Fourth, to meet the clearing deadlines set by the Commission
and, in so doing, maximize the economic and social benefits of
providing spectrum for next generation wireless services, space station
operators will need to begin the clearing process immediately. To
accomplish an early transition via negotiation, however, the satellite
licensees would need to know the identities of each of the overlay
licensees in the band and those will not be known until after the
completion of the auction, sometime in 2021. Thus, relying solely on
individual negotiations between licensees to accomplish earlier
transition would be incompatible with the clearing deadlines
established by the Commission.
170. Based on the unique circumstances of the band, the Commission
therefore finds that it would best serve the public interest,
consistent with the Emerging Technologies framework, to condition new
licenses on making acceleration payments to satellite incumbents that
voluntarily choose to clear the band on an expedited schedule. Like
relocation payments, the Commission finds that requiring such mandatory
payments is both in the public interest and within our Title III
authority.
171. The Commission finds its decision to require new terrestrial
licensees to pay relocation costs is broadly supported by the record.
Commenters overwhelmingly urge the Commission to require new licensees
to reimburse incumbents' costs to clear the band for flexible use.
172. Commenters also agree that it is appropriate to require new
terrestrial licensees to make additional payments above relocation
costs to incumbents that clear on accelerated timelines.
173. The vast majority of stakeholders that have submitted filings
in the record on this issue agree that the Commission has the authority
to require the new flexible use licensees both to pay the relocation
costs of the incumbent space station operators and to make an
accelerated relocation payment when certain conditions are met. The
Commission's long practice of
[[Page 22828]]
permitting voluntary relocation payments was affirmed by the D.C.
Circuit in Teledesic. In the proceeding underlying that decision, the
Commission followed its Emerging Technologies precedent and adopted
rules that allowed new licensees to compel incumbents to relocate from
the 18 GHz band and required such licensees to negotiate with
incumbents prior to requiring them to leave the band and to pay
reasonable relocation expenses. The SSOs similarly agree that the
Commission's exercise of its general Title III authority to condition
wireless licenses would include a mandatory acceleration payment and
would constitute a reasonable extension of the Commission's Emerging
Technologies precedent. Still other reports focus on the value of
accelerating the clearing of this band. Coleman Bazelon estimates that
a one year of delay in transitioning the spectrum would reduce the
economic value of repurposing this band by between 7% and 11%.
Additionally, Bazelon highlights the importance of consumer surplus, or
social value, associated with accelerated clearing. He notes that
``every $1 billion in delay costs would create total social costs of
$10 billion to $20 billion.'' Similarly, Dr. Eisenach, citing a study
by Hazlett and Munoz, states that the ``annual increase in consumer
surplus is approximately equal to the total amount paid by the
purchasers.''
174. Some commenters argue that the Communications Act prohibits
the Commission from requiring overlay licensees to make accelerated
relocation payments because Section 309(j) of the Act requires that
``all proceeds from the use of a competitive bidding system under this
subsection shall be deposited in the Treasury.'' The Commission
disagrees that this statutory provision would preclude such relocation
payments. Under the rules the Commission adopts, all proceeds from the
public auction will indeed be deposited in the Treasury in accordance
with the requirements of the Act. By contrast, accelerated relocation
payments are not ``proceeds'' of the auction. Instead, they will flow
from the new licensees to the incumbents. This is precisely the
arrangement that courts have upheld in the Emerging Technologies
framework, and precisely the framework that allows us to require
incumbents to make any relocation payments. The Commission does not
read OTI as arguing that all relocation payments are prohibited--doing
so would significantly hinder the Commission's work to manage spectrum
in the public interest in a variety of bands and contexts (and would
contradict the clear line of judicial precedent that has affirmed the
Commission's authority to require such payments). And we cannot see why
the language of Section 309(j) should treat one form of relocation
payment as proceeds but not another, so long as all are tied to
facilitating the swift and efficient transition of incumbents out of
the band.
175. Some parties argue that earth station operators should receive
accelerated relocation payments in exchange for expedited clearing as
well. The Commission finds such arguments unavailing. Based on the
record, the Commission anticipate that clearing any given incumbent
earth station will be a relatively quick process--and will take far
less time than the deadlines we establish for the transition. Instead,
it is the fact that incumbent space station operators must account for
the operational logistics of hundreds if not thousands of incumbent
earth stations that make the overall transition significantly longer
than it would take to transition a single earth station. And indeed,
the Commission already requires incumbent space station operators that
elect Accelerated Relocation to take upon themselves responsibility for
transitioning all incumbent earth station operators that receive their
services--they must coordinate with incumbent earth station registrants
to perform any necessary system modifications, repointing, or retuning
to receive transmissions that have been migrated to the upper portion
of the band. The Commission thus finds that incumbent earth station
operators can and will transition in a timely manner without the need
for accelerated relocation payments.
176. Compensable Relocation Costs. The Commission next sets forth
guidelines for compensable costs, i.e., those reasonable relocation
costs for which incumbent space station operators and incumbent earth
station operators can seek reimbursement. Consistent with Commission
precedent, compensable costs will include all reasonable engineering,
equipment, site and FCC fees, as well as any reasonable, additional
costs that the incumbent space station operators and incumbent earth
station operators may incur as a result of relocation.
177. The Commission expects incumbents to obtain the equipment that
most closely replaces their existing equipment or, as needed, provides
the targeted technology upgrades necessary for clearing the lower 300
megahertz, and all relocation costs must be reasonable. ``Reasonable''
relocation costs are those necessitated by the relocation in order to
ensure that incumbent space station operators continue to be able to
provide substantially the same or better service to incumbent earth
station operators, and that incumbent earth station operators continue
to be able to provide substantially the same service to their customers
after the relocation compared to what they were able to provide before.
For example, parties have indicated that upgrades such as video
compression, modulation/coding, and HD to SD down-conversion at
downlink locations, may be necessary to accomplish efficient clearing--
particularly in an accelerated timeframe. So long as the costs for
which incumbents are seeking reimbursement are reasonably necessary to
complete the transition in a timely manner (and reasonable in cost),
such expenses would be compensable. Similarly, the Commission expects
that some incumbents will not be able to replace older, legacy
equipment with equipment that is exactly comparable in terms of
functionality and cost because of advances in technology and because
manufacturers often cease supporting older equipment. Incumbents may
receive the reasonable replacement cost for such newer equipment to the
extent it is needed to carry out the transition--and the Commission
intends to allow reimbursement for the cost of that equipment and
recognize that this equipment necessarily may include improved
functionality beyond what is necessary to clear the band. In contrast,
the Commission does not anticipate allowing reimbursement for equipment
upgrades beyond what is necessary to clear the band. For example, if an
incumbent builds additional functionalities into replacement equipment
that are not needed to facilitate the swift transition of the band, it
must reasonably allocate the incremental costs of such additional
functionalities to itself and only seek reimbursement for the costs
reasonably allocated to the needed relocation.
178. The Commission recognizes that incumbents may attempt to gold-
plate their systems in a transition like this. Incumbents will not
receive more reimbursement than necessary, and the Commission requires
that, to qualify for reimbursement, all relocation costs must be
reasonable. This requirement should give incumbents sufficient
incentive to be prudent and efficient in their expenditures. If a
particular expenditure is unreasonable, the incumbent will only receive
compensation for the reasonable costs that the incumbent
[[Page 22829]]
would have incurred had it made a more prudent decision.
179. Similarly, the Commission will not reimburse incumbent
licensees for the speculative value of any business opportunities that
they claim they would lose as a result of the transition. Since the
incumbent space station operators will be able not only to maintain
their current level of service after the transition, but to potentially
serve new clients by employing point technology and adopting other
network efficiencies, the Commission finds that there will be no
compensable loss of business opportunity over and above their actual
costs associated with the transition. Compensating licensees for
speculative claims of future loss would be inconsistent with
established Commission precedent and would not serve the public
interest.
180. As in prior cases, the Commission will allow reimbursement of
some ``soft costs''--``legitimate and prudent transaction expenses''
incurred by incumbents ``that are directly attributable'' to
relocation. The Commission defines soft costs as transactional expenses
directly attributable to relocation, to include engineering,
consulting, and attorney fees, as well as costs of acquiring financing
for clearing costs. This is consistent with suggestions from some
commenters that the Commission should allow recovery of soft costs for
relocation expenses.
181. In some prior proceedings, the Commission has subjected
``soft'' costs to a cap of 2% of the hard costs involved. Without a
limit, ``soft cost'' transaction expenses such as engineering and
attorney fees, could easily eclipse the ``hard costs'' of relocation,
particularly for the thousands of incumbent earth stations that must be
filtered, retuned, or repointed. A limit on transaction expenses can
encourage transition efficiency, as many incumbent earth station
operators own or manage multiple incumbent earth stations and thus have
the ability to identify and implement economies of scale. Rather than a
hard cap, the Commission finds it reasonable to establish a rebuttable
presumption that soft costs should not exceed 2% of the relocation hard
costs. This way, an incumbent may demonstrate that any fees in excess
of 2% were reasonably and unavoidably incurred--and thus properly
compensable. Establishing a rebuttable presumption is consistent with
the Commission's approach in the 800 MHz Rebanding proceeding, in which
the Commission used 2% of the hard costs as a ``useful guideline for
determining when transactional costs are excessive or unreasonable and
charge[d] the Transition Administrator to give a particularly hard look
at any request involving transactional costs that exceed two percent.''
As discussed below, the Commission will establish a Relocation Payment
Clearinghouse that can serve ``as a watchdog over excess transactional
costs.'' Parties seeking reimbursement for soft costs that exceed 2%
shall bear the burden of justifying these expenses.
182. For incumbent space station operators, flexible-use licensees
will be required to reimburse eligible space station operators for
their actual relocation costs, as long as they are not unreasonable,
associated with clearing the lower 300 megahertz of the band while
ensuring continued operations for their customers. First, the
Commission expects that procuring and launching new satellites may be
reasonably necessary to complete the transition. These new satellites
will support more intensive use of the 4.0-4.2 GHz band after the
transition. Second, incumbent space station operators will also need to
consolidate their TT&C sites--to a maximum of four facilities in the
contiguous United States--and reduce the number of gateway facilities.
The costs involved with this consolidation process may include the
installation of additional antennas at these facilities, procurement of
new real estate, and support for customer migration to the relocated
facilities. Third, the Commission expects that incumbent space station
operators will need to install compression and modulation equipment at
their terrestrial facilities to make more efficient use of spectrum
resources and ensure that they are able to provide a consistent level
of service after the transition. All of these migration tasks must be
coordinated with the earth station transition process to ensure that
earth stations are able to receive existing C-band services during and
after the transition.
183. The Commission reiterates that compensable relocation costs
are only those that are reasonable and needed to transition existing
operations in the contiguous United States out of the lower 300
megahertz of the C-band. In order to meet this standard and qualify as
eligible for relocation cost reimbursements, an incumbent space station
operator must have demonstrated, no later than February 1, 2020, that
it has an existing relationship to provide service via C-band satellite
transmission to one or more incumbent earth stations in the contiguous
United States. These existing relationships could include, for example,
contractual obligations to provide C-band service to be received at a
specific earth station location. And these existing relationships need
not be direct but could include indirect relationships through content
distributors or other entities, so long as the relationship requires
the provision of C-band satellite services to one or more specific
incumbent earth stations in the contiguous United States. Based on the
record, only five incumbent space station operators have such
operations: Eutelsat, Intelsat, SES, Star One, and Telesat. The
Commission does not expect any other incumbent space station operators
to need to incur any relocation costs, and thus the Commission does not
expect them to be eligible for relocation payments. Nonetheless, such
operators may be compensated for reasonable relocation costs should
they demonstrate that those costs were truly required as a direct
result of the transition of existing C-band services provided to one or
more incumbent earth stations in the contiguous United States.
184. For incumbent earth station operators, the Commission expects
the transition will require two types of system changes that may occur
separately or simultaneously: Earth station migration and earth station
filtering. First, earth station migration includes any necessary
changes that will allow the earth stations to receive C-band services
on new frequencies or from new satellites once space station operators
have relocated their services into the upper portion of the band. For
example, in instances where satellite transmissions need to be moved to
a new frequency or to a new satellite, earth stations currently
receiving those transmissions may need to be retuned or repointed in
order to receive on the new frequencies or from the new satellite. Such
a transition requires a ``dual illumination'' period, during which the
same programming is simultaneously downlinked over the original
frequency or satellite and over the new frequency or satellite so that
the receiving earth station can continue receiving transmissions from
the original frequency or satellite until it retunes or repoints the
antenna to receive on the new frequency or satellite. Earth station
migration may also require the installation of new equipment or
software at earth station uplink and/or downlink locations for
customers identified for technology upgrades necessary to facilitate
the repack, such as compression technology or modulation. Second,
passband filters must be installed on all existing earth
[[Page 22830]]
stations to block signals from adjacent channels and to prevent harmful
interference from new flexible-use operations. Earth station filtering
can occur either simultaneously with, or after, the earth station
migration. All of these earth station migration actions must be
coordinated with satellite transponder clearing in order for earth
stations to continue receiving existing C-band services during and
after the transition. As such, the Commission expects relocation costs
to include the cost to migrate and filter earth stations, including
costs to retune, repoint, and install new antennas and install filters
and compression software and hardware. The Commission clarifies that
incumbent earth station operators will include some gateway earth
station operators who are likewise eligible for reasonable relocation
costs, and the Commission recognizes that their reasonable relocation
costs may differ from those of non-gateway earth stations.
185. Some commenters request that the Commission give incumbent
earth station operators flexibility to replace existing earth stations
with fiber in their transition planning. The Commission agrees that
providing incumbent earth station operators flexibility may allow them
to make efficient decisions that better accommodate their needs. But
the Commission also recognizes that replacing existing C-band
operations with fiber or other terrestrial services may be, for some
earth stations, more expensive by an order of magnitude. As such,
incumbent earth station operators will have a choice: They may either
accept reimbursement for the reasonable relocation costs by maintaining
satellite reception or they may accept a lump sum reimbursement for all
of their incumbent earth stations based on the average, estimated costs
of relocating all of their incumbent earth stations. Incumbent earth
station owners that elect the lump sum payment will not be eligible to
submit estimated or actual reasonable relocation costs to the
Clearinghouse. The Commission requires incumbent earth station
operators (including any affiliates) to elect one of these two options,
which must apply to all of each earth station operator's earth stations
in the contiguous United States in order to prevent any improper cost
shifting. And the Commission requires the decision to accept a lump sum
reimbursement to be irrevocable--by accepting the lump sum, the
incumbent takes on the risk that the lump sum will be insufficient to
cover all its relocation costs--to ensure that incumbents have the
appropriate incentive to accept the lump sum only if doing so is truly
the more efficient option. While earth station operators that elect the
lump sum payment will be responsible for performing any necessary
transition actions, earth station operators that elect the lump sum
payment must complete relocation consistent with the space station
operator's deadlines (Phase I and Phase II Accelerated Relocation
Deadlines to the extent applicable) for transition.
186. The Commission directs the Wireless Telecommunications Bureau
to announce the lump sum that will be available per incumbent earth
station as well as the process for electing lump sum payments. The
Bureau should identify lump sum amounts for various classes of earth
stations--e.g., MVPDs, non-MVPDs, gateway sites--as appropriate.
Incumbent earth station owners must make the lump sum payment election
no later than 30 days after release of the announcement, and must
indicate whether each incumbent earth station for which it elects the
lump sum payment will be transitioned to the upper 200 megahertz in
order to maintain C-band services or will discontinue C-band services.
187. The Commission reiterates that compensable relocation costs
are only those that are reasonable and needed to transition existing
operations in the contiguous United States out of the lower 300
megahertz of the C-band. The Commission stresses that, parties should
seek cost reimbursement pursuant to the process outlined in this Report
and Order for relocation costs outside of the contiguous United States,
they must demonstrate that they were required to make the system
modifications for which they seek reimbursement as a direct result of
the transition in the contiguous United States to make spectrum
available for flexible use.
188. Estimated Relocation Costs of the FSS Transition.--The
Commission finds it appropriate to provide potential bidders in its
public auction with an estimate of the relocation costs that they may
incur should they become overlay licensees. The Commission cautions
that its estimates are estimates only, and the Commission makes clear
that overlay licensees will be responsible for the entire allowed costs
of relocation--even to the extent that those costs exceed the estimated
range of costs.
189. The record contains estimates of the total clearing cost
ranging from about $3 billion to about $6 billion. Based on the current
record, the Commission believes that reasonable estimated costs will
include the following ranges, subject to further reevaluation when the
Commission creates and releases the cost category schedule. With
respect to satellite procurement and launch costs, the Commission
believes that $1.28 billion to $2.5 billion is a reasonable estimated
range. This accounts for $160-$250 million in capital costs for each
satellite, the high and low ranges provided by the C-Band Alliance and
SES, respectively, and the estimated range of eight to ten additional
satellites. With respect to earth station costs, the Commission finds
that a range of $1 billion to $2 billion is a reasonable estimate for
repacking transponders, filter installing, re-pointing earth station
dishes, and antenna feeding. This would account for the lower-end
estimates provided by the C-Band Alliance and the upper-end estimates
provided by ACA Connects. With respect to MVPD compression hardware,
the Commission finds $500-$520 million to be a reasonable estimated
range. This is consistent with ACA Connects' estimate of about $10,000
per transcoder and its claim that about 20 transcoders will be needed
at each of 2,600 MVPD locations. It is also consistent with the C-Band
Alliance's estimate of $500 million for compression costs. This leads
to a total clearing cost estimate ranging from about $3.3 billion to
$5.2 billion.
190. Accelerated Relocation Payments.--The Commission next
addresses the amount of accelerated relocation payments that each
eligible incumbent space station operator would receive if the
Accelerated Relocation Deadlines are met.
191. The Commission starts by noting that predictions of the prices
that will be paid for licenses to operate on this spectrum vary widely
both in the record and in publicly available reports. On the low side,
the Public Interest Spectrum Coalition estimates a range of $0.065 to
$0.196 per MHz-pop and the Brattle Group suggests a range of $0.003 to
$0.415 per MHz-pop from recent international C-band auctions. On the
high side, the C-Band Alliance recently submitted a report by NERA
Economic Consulting that estimates $0.50 to $0.90 per MHz-pop. In the
middle, Kerrisdale Capital Management analyzed C-band auction revenues
in three other advanced industrial economies to estimate $0.50 per MHz-
pop and the American Action Forum estimate a range topping out at
$0.597 per MHz-pop based on an econometric analysis of previous
auctions.
192. It is thus no surprise that the commenters have proposed a
wide range of values for accelerated relocation payments. On the low
side, Eutelsat proposes making $2.75 billion
[[Page 22831]]
available for ``premium'' payments for accelerated relocation. On the
high side, the C-Band Alliance essentially argues that incumbent space
station operators should receive a 50-50 split of auction revenues, or
a $21.5 to $38.5 billion accelerated relocation payment, on the theory
that incumbent space station operators should receive an equal part
given the sale of their ``asset.'' The Commission notes, however, that
the C-Band Alliance's analysis is based on the assumption that the
Commission otherwise set a relocation deadline for FSS operations of 10
years.
193. The Commission notes, as a preliminary matter, that the C-Band
Alliance's proposal seems to misunderstand the purpose of accelerated
relocation payments. Incumbent space station operators are not
``selling'' their spectrum usage rights--instead they have the right to
provide the services they currently offer going forward. Indeed, they
have no terrestrial spectrum usage rights to ``sell.'' Furthermore, the
transition we adopt, including relocation payments, will make them
whole during and after that transition. The Commission's responsibility
is to set an accelerated relocation payment that fairly incentivizes
incumbent space station operators to expedite the transition while
increasing the value of the entire transition effort for the American
public.
194. The Commission starts by examining the value to the American
public of an accelerated transition. Specifically, if all eligible
space station operators are able to hit the Phase I Accelerated
Relocation Deadline, then terrestrial operations by overlay licensees
can commence in the lower 100 megahertz of the band in 46 PEAs
(covering 58% of the population of the contiguous United States) by
December 5, 2021 rather than December 5, 2023 (the Phase II deadline).
And if all eligible space station operators are able to hit the Phase
II Accelerated Relocation Deadline, then terrestrial operations by
overlay licensees can commence throughout the contiguous United States
by December 5, 2023 rather than by December 5, 2025 (the Relocation
Deadline).
195. One useful exercise to frame an appropriate accelerated
relocation payment would be to estimate the price that overlay
licensees would willingly pay for an earlier transition, assuming that
the free-rider and holdout problems could be overcome. Making the
spectrum available to a licensee earlier increases the potential
producer surplus earned by the licensee because it can begin to provide
services to consumers on that spectrum sooner, thereby granting a
specific commercial benefit to a new overlay licensee. So long as the
Commission sets the accelerated relocation payment as a fraction of the
bidder's expected incremental profits from deploying spectrum earlier,
overlay licensees will themselves benefit even after making the
accelerated relocation payment. In other words, if the Commission
treats an estimated willingness to pay as an upper bound, allowing for
an accelerated relocation payment in the amount specified would make
overlay licensees no worse off and would likely make them better off
for each year they received their new licenses earlier.
196. To establish a reasonable estimate of the price that overlay
licensees would willingly pay to accelerate relocation, the Commission
extrapolates the increase in expected profits from having access to the
spectrum and the ability to deploy earlier than the Relocation
Deadline. To do this, the Commission observes that the difference
between an amount of money received at date T2 and the same
amount received at an earlier date T1 is simply the
accumulated interest that can be earned by investing the amount at date
T1, and holding it until date T2.\16\ If S is the
present value of an infinite stream of profits associated with
deploying a spectrum license, then the additional value, A, of
accelerating the date when spectrum license is available to
T1, as opposed to T2, is the accumulated interest
earned from the stream S between those two periods. Mathematically, the
additional value of accelerating an income stream, S, by m months,
where the industry annual weighted average cost of capital is r with
interest compounded monthly is given by: A = [(1+r/12)m-1]S.\17\
---------------------------------------------------------------------------
\16\ For example, the additional benefit of receiving $100 at
the beginning of year 4 instead of year 5 if the interest rate were,
say, 3% compounded annually, is simply .03 x $100 = $3, and the
total value of receiving that amount at the start of year 4 is
simply (1 + .03) x $100 = $103. Similarly, the total value of
receiving $100 in year 3 instead of year 5 would be (1 + .03)\2\ x
$100 = $106.10, and the incremental value of receiving the $100 two
years early would be [(1 + .03)\2\-1] x $100 = $6.10.
\17\ As an example, if a portion of a profit stream that was
worth say $15 was accelerated by 42 months, and the weighted cost of
capital was 7%, then the benefit from accelerating that payment is
given by: A = [(1+.07/12)\42\-1] x $15 = $4.15. For ease of
calculation, we assume monthly compounding.
---------------------------------------------------------------------------
197. To apply these observations in this context, the Commission
uses a weighted average cost of capital of 8.5%, consistent with our
precedent. The Commission also uses the index of PEA weights adopted by
the Commission in the 39 GHz reconfiguration proceeding that were based
on the 600 MHz, 700 MHz, and AWS-3 auctions to estimate that the 46
PEAs that are cleared by the Phase I Accelerated Relocation Deadline
account for 77% of the total value of the first 100 megahertz cleared.
Finally, the Commission estimates the present value of future profits
that licensees expect to receive from their overlay licenses in 2025
(the Relocation Deadline) to be $0.50 per MHz-pop. The Commission finds
this to be a reasonable estimate given the wide range of valuations in
the record--which notably do not account for the spectrum potentially
not becoming available until the Relocation Deadline nor for the
additional costs of clearing this spectrum in the contiguous United
States. Applying the general formula to the facts at hand then yields
an estimated increase in economic profits for an accelerated relocation
of approximately $10.52 billion.
198. Given the record, the Commission finds that a $9.7 billion
accelerated relocation payment is reasonable and will serve the public
interest. The Commission recognizes that the Commission could find
reasonable several of the methods advocated in the record for
calculating the total size of the accelerated relocation payment, and
in doing so, it would need to rely on estimates on several variables
such as increased willingness to pay for the spectrum, potential future
industry profits for flexible use licensees, spectrum valuation, and
the costs of accelerated transitioning. Ultimately, the Commission
recognizes that this determination is a line-drawing exercise, in which
it must attempt to establish an amount that is less than the
incremental value to new entrants of accelerating the clearing deadline
but large enough to provide an effective incentive to incumbent space
station operators to complete such accelerated clearing. The Commission
finds that a $9.7 billion accelerated relocation payment strikes the
appropriate balance between these considerations and the amounts
advocated in the record. Although some incumbent space station
operators have argued for significantly more, the Commission finds that
$9.7 billion is reasonably close--but still falls below the total
amount we conservatively estimate that overlay licensees themselves
would be willing to pay to clear this spectrum early and less than the
additional profits overlay licensees expect to earn as a result of the
accelerated clearing. This helps ensure that the Commission does not
impose an obligation on overlay licensees that the
[[Page 22832]]
Commission is not convinced they would have assumed on their own in the
typical Emerging Technologies scenario in which voluntary accelerated
relocation payments would be feasible.
199. Commenters challenge our decision to establish a $9.7 billion
payment for accelerated relocation from two directions. Intelsat argues
the amount is too low, while the Small Satellite Operators argue that
the amount of the payment is too high. The Commission rejects these
arguments. Set against one another, these competing arguments
illustrate the complex policy considerations at issue and how our
chosen accelerated relocation payment balances these competing
concerns.
200. At the outset, each party questions how long relocation should
take without any accelerated relocation payments. The Commission has
already explained at length our reasoning for selecting the deadlines
we do: The Relocation Deadline the Commission chooses reflects the
balance between bringing C-band spectrum to market quickly (and thus
not setting an excessively long transition) and ensuring no disruption
to the C-band content distribution market that hundreds of millions of
Americans currently rely on C-band services (and thus not setting a too
short mandatory transition). Hence the Commission disagrees with each
party that we should adjust the acceleration periods at issue in
calculating accelerated relocation payments.
201. Next, parties challenge the decision to establish an upper
bound at the overlay licensees' willingness to pay for the early
clearing of spectrum. On the one hand, Intelsat argues that this
ceiling is too low--and that focusing only on the economic benefit to
new licensees ignores potential benefits to American consumers from the
rapid deployment of 5G. The Small Satellite Operators, on the other
hand, argue that this willingness-to-pay ceiling is too high. They
argue that the upper bound must be ``proportionate to the cost of
providing comparable facilities.'' The Commission finds that both
parties misunderstand the Emerging Technologies framework.
202. The Commission agrees that it must take into account the
tremendous public benefits of authorizing terrestrial use of this mid-
band spectrum--but that does not mean the Commission's ability to
impose obligations on overlay licensees is unbounded. Instead, the
Commission reads its precedent as recognizing the justification for
accelerated relocation payments only to the extent that willing market
actors (free from holdout and free-rider problems) would pay for
accelerated relocation. And in the end, no rational licensee would pay
more than the amount they stood to gain from earlier access to the
spectrum--regardless of whatever value was created for third parties.
203. The Commission does not read the language quoted as limiting
the Commission's authority under the Emerging Technologies framework
but instead just recognizing how the Commission applied that framework
in one particular context. In that case the Commission had established
guidelines for good-faith negotiations that limited incumbents' ability
to demand ``premium payments'' that were not proportionate to the cost
of providing comparable facilities. But as the court recognized in
Teledesic, the Commission added that limitation as a check against
holdout problems created by mandatory good-faith negotiations. Here the
Commission chooses a different approach to address the problem of
holdouts as well as the free-rider problem inherent to this transition.
And by estimating the willingness of overlay licensees to make
accelerated relocation payments, the Commission avoids the need for a
lengthy period of mandatory negotiations before mandatory relocation--
which the Commission estimates will bring about significant benefits to
the public of making this spectrum available for terrestrial use much
sooner.
204. Parties challenge the determination that an acceleration
payment total of $9.7 billion strikes the appropriate balance. The
Small Satellite Operators argue that it is too much, while Intelsat
argues that it is not enough. To some extent both parties are correct:
There is no precise science that allows the Commission to arrive at the
``right'' accelerated relocation payment total. But that is in large
part because eligible space station operators have had every incentive
not to disclose precisely how high an accelerated relocation payment
must be for them to accept it. As these arguments make plain, the
Commission's determination of an acceleration payment is a line-drawing
exercise that balances a number of competing considerations. The
accelerated relocation payment of $9.7 billion is an $800 million
reduction from the estimated total willingness of flexible use
licensees to pay $10.52 billion for earlier access to this spectrum.
Allocating the vast majority of the estimated total willingness to pay
to satellite operators (1) maximizes the possibility that such a
payment will be sufficient to incent early clearing (2) while not
exceeding the estimated value of acceleration to new licensees, and (3)
accounts, to some extent, for a relatively conservative estimate of the
value of the underlying spectrum. Of course, the Commission might have
chosen a number lower than $9.7 billion, to gamble that space station
operators might accept a lower price. But the smaller the payment the
greater the risk that such a payment will be insufficient to incent
earlier clearing. In light of the enormous benefit that the rapid
deployment of 5G will confer on American consumers, and the costs of
delaying such deployment for even one additional year, the Commission
has chosen the figure that most minimizes that risk. While this
exercise is necessarily imprecise, the Commission believes that $9.7
billion threads the needle through all of the considerations raised by
the Small Satellite Operators, Intelsat, others in the record, as well
as its own predictive judgment on what is necessary here.
205. The Commission also finds it necessary to specify the specific
accelerated relocation payments that will be offered to each of the
eligible space station operators so that each can make an intelligent
decision whether to elect to participate in the accelerated relocation
process. To accelerate clearing, each space station operator will need
to engage in a complex and iterative process of coordinating between
its programmer customers and incumbent earth stations, allocating
resources to effectuate changes in both the space station and earth
station segments of the FSS network, and orchestrating changes both in
space and on the ground in order to ensure continuous and uninterrupted
delivery of content. Given that these burdens will fall more heavily on
some space station operators than others, the Commission finds that the
most appropriate basis on which to allocate accelerated relocation
payments among eligible space station operators is to estimate the
relative contribution that each eligible space station operator is
likely to make towards accelerating the transition of the 3.7-3.98 GHz
band to flexible use and clearing the 3.98-4.0 GHz band, assuming all
other operators accelerate their clearing. To that end, the Commission
examines several pieces of evidence in the record.
206. To start, the Commission finds the best evidence in the record
is a confidential 2019 report prepared by an independent accounting
firm on behalf of the C-Band Alliance, which SES has submitted into the
record. Based on data provided by C-Band Alliance members, this report
purports to calculate each member of the C-Band Alliance's
[[Page 22833]]
contribution to clearing (based in part on qualifying 2017 revenue) for
the purpose of determining the share that each C-Band Alliance member
would receive as a result of this proceeding. The Commission can think
of no better evidence of the C-Band Alliance members' own understanding
of their relative contribution to clearing than their own market-based
assessment of the relative value that each member should derive from
the process of freeing up this spectrum for flexible use. While many
variables might enter into any valuation of contribution to clearing--
such as each operator's relative number of earth stations, transponder
usage, revenue, coverage, or other factors--the C-Band Alliance members
were best situated to take all those variables into account in
assigning allocations representing each member's valuation of its
entitlement to a percentage of the proceeds from a private sale. The
Commission calls this the ``the market-based agreement'' factor (note
the Commission does not apply this factor to Star One, which was not a
party to this agreement).
207. Intelsat objects to any reliance on this report and its prior
agreement with SES, Eutelsat, and Telesat on how to approach a swift
transition of the C-band. The Commission finds Intelsat's objections to
the 2019 report unpersuasive. For one, Intelsat objects that the
methodology of the report was premised largely on an assumption that
SES and Intelsat had equal market share. That may be true--but that
does not explain why Intelsat agreed to such an assumption just last
year (nor what it has learned since then). Indeed, whatever the precise
inputs underlying the confidential 2019 report, the ultimate findings
were ratified by each member of the C-Band Alliance at the time--
including Intelsat. For another, Intelsat points out that the
confidential report was developed in the context of a private sale
proposal in which the C-Band Alliance would receive a single payment
for both clearing in an accelerated manner and relocation costs. But
the Commission fails to see the relevance of these distinctions. For
example, the Commission separately accounts for relocation payments
from accelerated relocation payments in this Report and Order--but
Intelsat provides no evidence, nor does any appear on the face of the
report, that the relative contributions of each operator depended on
relative relocation costs (nor does Intelsat explain why the separate
treatment of such costs merits greater (or lesser) allocation of
accelerated relocation payments). As another example, the Commission
does not see why the negotiation of these allocations in the context of
a private sale approach would fail to capture the contributions of the
various signatories to another approach--like the public auction
approach the Commission adopts herein. Indeed, the Commission finds the
fact that these numbers were negotiated between experienced space
station operators in the context of a concrete plan to clear the C-band
for terrestrial use makes them more reliable, not less, as evidence of
relative contribution to clearing. In short, despite Intelsat's recent
protestations, the Commission finds the report is the single best proxy
that we have for determining the relative contribution of each eligible
space station operator (at least those four that signed the agreement)
to accelerating the process of repurposing this spectrum.
208. Next, the Commission finds that transponder usage provides
another proxy for the relative contributions of each space station
operator to clearing. At a high level, the amount of transponder usage
should correspond to the amount of traffic that the operator needs to
repack--and space station operators with more traffic are likely to
serve a greater number of earth stations with more content. And the
Commission has reliable data for relative transponder usage: Satellite
operators submitted confidential usage information in response to the
Commission's May 2019 request for information on satellite use of the
C-band. FSS space station licensees with C-band coverage of the United
States or grants of market access were required to submit the average
percentage of each transponder's capacity (megahertz) used and the
maximum percentage of capacity used for each day in March of 2019. From
this data the Commission can calculate the average megahertz of
transponder usage as well as the usage shares for each satellite
operator. The Commission thus includes transponder usage in its
calculations because the Commission believes that it is a reliable
proxy of the amount of traffic all eligible incumbent space station
operators need to repack, as well as their relative contribution to
accelerated clearing.
209. Third, the Commission takes into account each eligible space
station operator's coverage of the contiguous United States with its C-
band satellites. All operators with existing FSS space station licenses
or grants of United States market access in the 3.7-4.2 GHz band also
have equal access to the 280 megahertz of spectrum designated to
transition to flexible use and the 20-megahertz guard band and an equal
ability to serve customers in this band. Due to this shared licensing
structure, all eligible space station operators serving incumbent earth
stations in the contiguous United States will need to play a role in
the transition and must cooperate to transition the spectrum
successfully. This factor is, therefore, a very rough proxy for the
myriad tasks that all eligible space station operators must undertake
to clear the spectrum and for the fact that one of the eligible space
station operators does not transmit to the full contiguous United
States.
210. Finally, the Commission notes that there is no single correct
weight to apply to each of these three factors. The Commission places
the most significant weight on the market-based agreement factor
because it reflects the parties' own valuation of each operator's
relative contribution to clearing. But in acknowledgment of Intelsat's
reservations about using the 2019 report, the fact that the report does
not consider one eligible space station operator (Star One) because it
wasn't a member of the C-Band Alliance, and the fact that the
Commission does not have access to the underlying inputs evaluated by
the independent auditor, the Commission is also assigning some weight
to transponder usage and coverage separately. Among these two factors,
the Commission finds that transponder usage, which reflects actual
usage of the band, greatly outstrips (by an order of magnitude) the
value of the third factor (coverage).\18\ Thus, the Commission
specifies the allocations as follows:
---------------------------------------------------------------------------
\18\ We round all payments to the nearest thousand dollars and
therefore the payment total does not sum exactly to $9.7 billion.
Because we rely on confidential information in calculating these
allocations and find that disclosing the relative weights placed on
each factor could inadvertently disclose that confidential
information to operators with knowledge of their own information, we
reserve our discussion of the precise numbers involved in our
calculations to a confidential appendix. And because Star One was
not a signatory of the market-based agreement, we allocate the
weight that would otherwise apply to that factor to the second most
important factor (transponder usage) for its calculation and
normalize all calculations to take this into account.
[[Page 22834]]
Accelerated Relocation Payment by Operator
----------------------------------------------------------------------------------------------------------------
Payment Phase I payment Phase II payment
----------------------------------------------------------------------------------------------------------------
Intelsat............................................... $4,865,366,000 $1,197,842,000 $3,667,524,000
SES.................................................... 3,968,133,000 976,945,000 2,991,188,000
Eutelsat............................................... 506,978,000 124,817,000 382,161,000
Telesat................................................ 344,400,000 84,790,000 259,610,000
Star One............................................... 15,124,000 3,723,000 11,401,000
--------------------------------------------------------
Totals............................................. 9,700,001,000 2,388,117,000 7,311,884,000
----------------------------------------------------------------------------------------------------------------
211. The Clearinghouse will distribute the accelerated relocation
payments to each eligible space station operator according to the
amounts provided in the table. The Commission allocates roughly 25% of
each operator's accelerated relocation payment to the completion of
Phase I and 75% to the completion of Phase II. This split corresponds
to the value of accelerated relocation that space station operators
will need to make at each respective deadline. To be specific, the
value of Phase II accelerated relocation (vis-[agrave]-vis relocation
by the Relocation Deadline) is accelerating relocation of all 280
megahertz of spectrum across the contiguous United States by two years.
Using the acceleration formula discussed above, this represents 75.38%
of the total value to bidders of accelerated relocation. The value of
Phase I accelerated relocation (vis-[agrave]-vis relocation by the
Phase II Accelerated Relocation Deadline) is accelerating the
relocation of 100 megahertz of spectrum in the 46 Phase I PEAs by two
additional years. This represents 24.62% of the total value of bidders
of accelerated relocation. The Commission notes that allocating the
Phase I and Phase II payments this way maximizes the incentive for
incumbent space station operators to complete the full Phase II
transition in a timely manner, ensuring that all Americans get early
access to next-generation uses of the 3.7 GHz band.
212. Taken together, the Commission finds that the three measures
above should reflect--directly or by proxy--a variety of inputs,
including relative contribution shares to relocation, population
coverage in the contiguous United States, traffic, and number of earth
stations served. These measures incorporate the best data presently
available to the Commission on which to estimate the contributions of
each eligible space station operator to the accelerated relocation
process. Whatever the shortcomings of each individual measure or
dataset, the Commission finds that these three measures considered
together provide a reasonable approximation of the eligible space
station operators' respective contributions, and therefore a reasonable
basis on which to apportion accelerated relocation payments.
213. The Commission also finds that several alternative methods
advocated by space station operators for allocating accelerated
relocation payments are less reliable and objective than those the
Commission relies on. For example, several parties suggest that the
Commission should rely upon C-band revenues in measuring relative
contributions, with Intelsat claiming that ``revenue earned with
respect to the current use of C-band spectrum in the contiguous 48
states provides a reasonable proxy for every one of the factors cited
by the FCC for value being created by accelerated clearing: The number
of customers, the amount of encumbered spectrum; the scope of incumbent
earth stations served; content-distribution revenues; population of the
United States; and traffic.'' Although the Commission agrees that such
revenues ordinarily would be closely correlated with traffic and a good
proxy for a variety of other factors relevant to an eligible space
station operator's estimated contribution--the record is largely bereft
of such data. Intelsat itself, for example, has failed to file any
reliable revenue or revenue share data. Instead, it estimates its own
C-band revenues based on average usage as well as its own assertion
that it has higher average wholesale prices than its competitors. The
only other source evident of Intelsat's market share is a public report
from Kerrisdale Capital Management that estimates Intelsat to have a
roughly equal share with SES--although that report did not claim its
estimates were particularly precise. In short, the Commission fails to
see the value in relying on these incomplete and not-particularly-
reliable proxies for revenue shares, especially given that actual
revenue share itself is but a proxy for each operator's relative
contribution to accelerated relocation.\19\
---------------------------------------------------------------------------
\19\ Ironically enough, the confidential report filed by SES
does contain estimated (and audited) revenue shares for one space
station operator, SES Feb. 20, 2020 Ex Parte, Attach. B
(confidential), and to its credit, Intelsat does acknowledge as
such, Intelsat Feb. 21, 2020 Ex Parte at 3. But to the extent such
information is valuable, we find it better to incorporate it
directly through the market-based agreement factor described above
rather than by placing this information on par with other unreliable
information about revenue shares from elsewhere in the record.
---------------------------------------------------------------------------
214. Or consider the C-Band Alliance's suggestion to allocate based
on the number of incumbent earth station C-band feeds in the contiguous
United States. Whatever the merits of such an approach (including the
decision to count feeds, not incumbent earth stations), the Commission
finds the record evidence insufficiently reliable to incorporate this
metric into our analysis. Rather than pick and choose amongst this
chaff of last-minute calculations that inevitably favor the filer, the
Commission finds little evidence that relying on these estimates would
produce a more accurate estimate of each operator's relative
contribution to clearing (and we cannot find that a significant delay
as initially suggested by the C-Band Alliance to create a new dataset
would be in the public interest).
215. The Commission also rejects Eutelsat's proposal to allocate
accelerated relocation payments not by relative contributions to a
successful accelerated transition but instead based on ``stranded
capacity,'' i.e., the proportion of C-band satellite capacity that will
be rendered unusable for protected FSS downlink services during the
remaining useful lifetime of each relevant satellite. Eutelsat's
proposal represents a significant departure from the Emerging
Technologies precedent, fundamentally misinterprets the Commission's
basis for the allocation of accelerated relocation payments among
eligible space station operators, and lacks any economic rationale.
216. First, Eutelsat argues that allocation of accelerated
relocation payments must be ``reasonably related to the cost of
relocation'' and that the
[[Page 22835]]
Commission's focus on the relative contribution of each operator to a
successful transition is inconsistent with the Emerging Technologies
framework. The Commission disagrees. Contrary to Eutelsat's claim, the
basis of the Commission's allocation method is designed specifically to
capture the relative contribution, in terms of both effort and cost,
that each eligible space station operator will make to meet the
Accelerated Relocation Deadlines based on three objective factors
related to each space station operator's relative contribution: A
market-based agreement reflecting space station operators' assessment
of their own relative contribution to clearing; transponder usage; and
satellite coverage in the contiguous United States. Each of these
factors reflects both the effort that it will take to accelerate
relocation and the corresponding costs of each operator to accomplish
such acceleration.
217. Second, Eutelsat argues that stranded capacity is the better
``proxy'' for calculating relocation costs and thus allocating
accelerated relocation payments. Again, the Commission disagrees. For
one, stranded capacity is not a proxy for actual relocation costs.
Actual relocation costs are those needed to relocate incumbents to
comparable facilities that allow them to continue to provide existing
services. Stranded capacity lacks any consideration of the extent to
which existing services are actually provided over such capacity such
that they would need to be relocated. Indeed, Eutelsat fails to
acknowledge the substantial evidence in the record that the C-band
satellite business suffers from significant and increasing excess
capacity and rapidly declining revenues or that a space station
operator with much stranded capacity but little existing business could
likely continue to provide all of its existing services within the
contiguous United States at relatively low cost (e.g., without the need
for new satellites). In other words, stranded capacity is not a good
proxy for space station operator relocation costs. Nor is it a good
proxy for the relocation costs of incumbent earth stations (indeed,
stranded capacity does not account for such costs at all)--and Eutelsat
simply asserts that such costs are not relevant. But of course, such
costs are relevant to a successful relocation; and of course the
Commission has expressly designed accelerated relocation payments to
expedite the relocation of incumbent space stations and incumbent earth
stations, to the benefit of the overlay licensees that require both to
be relocated so they can deploy new terrestrial services in the band.
218. Third, despite Eutelsat's claim that its proposal is not a
request to compensate satellite operators for the ``lost revenues'' or
opportunity costs resulting from the transition, allocating relocation
payments according to ``lost C-band capacity,'' without any
consideration of whether such capacity actually has existing services
that will need to be relocated as a result of the transition, as
Eutelsat proposes, is precisely the type of opportunity cost
calculation for which the Commission's Emerging Technologies precedent
expressly declines to provide compensation. Rather than compensate
space station operators based on the burden they are likely to bear in
accelerating the clearing process, Eutelsat's proposal would reward
those space station operators with the least-intensive use of existing
capacity based on an assumption of future use of such capacity that far
exceeds reasonably foreseeable demand. The Commission therefore finds
that the formula for allocating accelerated relocation payments among
eligible space station operators adopted herein, which provides
compensation based on the relative contributions of each eligible space
station operator to the accelerated relocation process, is far more
grounded in Commission precedent and the underlying rationale for
providing accelerated relocation payments than the allocation method
proposed by Eutelsat.
219. Finally, the Commission finds that its definition of eligible
space station operators appropriately encompasses the incumbent space
station operators that will incur costs in order to transition existing
U.S. services to the upper portion of the band and are therefore
entitled to receive compensation for relocation costs and potential
accelerated relocation payments. The Small Satellite Operators argue
that any transition of C-band spectrum must provide compensation,
including ``premium'' payments above relocation costs, to all space
station operators that operate space stations that cover parts of the
United States using C-band spectrum. However, the purpose of relocation
costs and potential accelerated relocation payments is to compensate
authorized space station operators that provide C-band services to
existing U.S. customers using incumbent U.S. earth stations that will
need to be transitioned to the upper portion of the band or otherwise
accommodated in order to avoid harmful interference from new flexible-
use operations. The Commission addresses the arguments of two of the
Small Satellite Operators--Hispasat and ABS--that do not satisfy its
definition of eligibility for relocation costs.
220. Hispasat.--Hispasat recently asked the Commission to make
Hispasat eligible for relocation costs and accelerated relocation
payments by changing the definition of eligible space station operators
to remove the requirement that the incumbent space station operator
must provide service to an incumbent earth station. The Commission
notes that our definition of incumbent earth stations requires that
earth stations must have been registered (or licensed as a transmit-
receive earth station) by the relevant deadlines to qualify for
relocation cost reimbursement. Hispasat states that it ``does currently
provide service in the contiguous United States'' to nine earth
stations in the contiguous United States operated by an evangelical
church that did not register its earth stations with the Commission.
221. The Commission rejects Hispasat's request. First, the
Commission is somewhat skeptical of Hispasat's apparently recent
discovery that it serves earth stations using C-band spectrum in the
contiguous United States. In its October 2018 comments in this
proceeding, Hispasat made no mention of providing service to those or
any other earth stations--indeed, Hispasat there claimed its plans to
provide C-band services to the United States were placed on hold
pending the outcome of the July 2018 NPRM. And so The Commission puts
little weight in Hispasat's recent claim to have generated ``U.S. C-
band revenue'' in 2017 from services provided to the ``at least nine''
earth station locations that it claims it still currently serves (a
claim unsupported by any further documentation). And the Commission
declines to accept Hispasat's revisions to history that its prior
filings in this proceeding demonstrate (rather than disclaim) that it
has been providing satellite service in the contiguous United States
for some time.
222. Second, although Hispasat makes much of its speculation that
the owner of these nine earth stations lacked the sophistication or
knowledge to register by the relevant deadlines and qualify as
incumbent earth stations, the Commission finds that Hispasat has not
even shown that these nine earth stations were eligible to register.
For one, Hispasat appears to be careful in its filings not to claim
that it uses the C-band spectrum to provide service to all those earth
stations. Indeed, the Commission does not see how it could given that
publicly-available coverage
[[Page 22836]]
data for the Amazonas-3 satellite C-band beam footprint indicate that
it is not capable of providing service to several of those earth
station locations.\20\ (In contrast, that same satellite's Ku-band
North America beam does cover the entire contiguous United States.) For
another, Hispasat does not provide any specific information regarding
when the earth stations it claims to serve began using C-band
spectrum--they had to have been operational as of April 19, 2018, if
they were going to be eligible to be registered.\21\ For yet another,
Hispasat provides no explanation of unique circumstances that might
merit consideration of these stations--and the Commission declines to
adopt a different standard for the earth stations Hispasat claims to
serve than the Commission does for any other existing C-band earth
stations that were not registered by the relevant deadlines. Indeed,
Hispasat fails to address one of the primary reasons the Commission
froze new earth station authorizations and required existing earth
stations to register by a fixed deadline in the first place: To avoid
gamesmanship and stop operators from establishing new C-band operations
or earth stations for the purpose of obtaining monies from the
transition to new terrestrial, flexible-use operations in the band. It
appears that Hispasat's entire premise is that it, and it alone, should
be able to engage in that type of last-minute gamesmanship. The
Commission does not accept that premise.
---------------------------------------------------------------------------
\20\ See https://www.satbeams.com/footprints?beam=7690 (last
visited Feb. 23, 2020).
\21\ Beginning April 19, 2018, the Commission placed a freeze on
all FSS earth station registrations for earth stations that were not
operational as of that date.
---------------------------------------------------------------------------
223. Third, the Commission rejects Hispasat's request because even
if the Commission accepted it, Hispasat would not be an eligible
incumbent space station operator. Specifically, the Commission limits
relocation and accelerated relocation payments to those space station
operators that had demonstrated, as of February 1, 2020, that they
would incur any eligible costs as a result of the transition. Because
Hispasat under its own proposal would not be able to recover any costs
for transitioning incumbent earth stations (it makes clear that it is
not asking to obtain incumbent status for the nine earth stations it
now claims to serve), the only eligible costs it might have would be to
transition transponder usage to the upper 200 megahertz. And Hispasat
does not provide any information regarding what, if any, steps it would
need to take to transition these alleged C-band services to the upper
200 megahertz; indeed it does not explicitly claim that those services
are provided over frequencies in the lower 300 megahertz such that they
would need to be transitioned at all.
224. Because the purpose of relocation and accelerated relocation
payments is to compensate eligible space station operators for actually
relocating their existing services to the upper 200 megahertz, Hispasat
has failed to demonstrate that the Commission's definition of
``eligible space station operators'' unduly excludes it from the class
of incumbent space station operators entitled to relocation and
accelerated relocation payments.
225. ABS.--ABS asks the Commission to make incumbent space station
operators eligible for reimbursement of space station facilities that
``will not remain comparable after the transition.'' Specifically, to
be eligible for such reimbursement, ABS proposes that an incumbent
space station operator must operate a non-replacement satellite that
gained its FCC authorization to provide service to any part of the
contiguous United States within 12 months of the announcement of the
freeze on C-band earth station applications or, alternatively, within
18 months of the issuance of the NPRM in this proceeding. ABS argues
that the NOI, freeze on new earth station applications, and the NPRM in
this proceeding ``undermined ABS's reasonable efforts to commercialize
the newly licensed satellite--and thus the Commission cannot know how
much bandwidth ABS would have needed (but for the Commission's actions)
to avoid an impairment of its C-band authorization.'' As a result, ABS
argues that it should be compensated for the proportion of the costs of
launching its ABS-3A satellite attributable to eight transponders that
will be effected by the transition.
226. The Commission rejects ABS's argument that uncertainty about
the outcome of this proceeding resulted in its failure to commercialize
any of its ABS-3A capacity, as the Commission finds this argument both
unconvincing and irrelevant. The only ABS satellite capable of serving
the United States has been operational since 2015. The ABS-3A satellite
is positioned just south of the Ivory Coast of northwest Africa, and
both its global and western hemisphere C-band beams provide only edge
coverage to portions of the Eastern United States.\22\ ABS did not seek
market access in the United States until March 2017, and only after the
Commission released the NOI in this proceeding in August 2017 did ABS
seek Commission authorization to construct an earth station in Hudson,
NY in February 2018. Despite being granted such authorization in March
2018, ABS failed to construct and commence operations on the Hudson, NY
earth station. In sum, ABS's satellite was operational for a year-and-
a-half before it sought U.S. market access, for two years prior to the
NOI, and nearly three years prior to the freeze on new C-band earth
station registrations and the subsequent NPRM. The notion that ABS made
significant investments in launching this satellite with the specific
intent of providing robust services in the United States and that it
must be compensated for the loss of those investments is contradicted
both by its inaction in the United States in the four-and-a-half years
since it launched ABS-3A and the actual capabilities of ABS-3A to
provide service outside the United States. Indeed, the satellite's
global and western hemisphere C-band beams target all or most of the
South Atlantic Ocean, Africa, the Middle East, Europe, and South
America and the eastern hemisphere C-band beam covers all or most of
Africa, Europe, the Mediterranean Sea, and the Middle East.\23\
---------------------------------------------------------------------------
\22\ See Satbeams Coverage Report, https://www.satbeams.com/footprints?beam=8203 (last visited Feb. 23, 2020).
\23\ See https://www.absatellite.com/satellite-fleet/abs-3a/
(last visited Feb. 23, 2020); accord https://www.satbeams.com/footprints?beam=8203 (last visited Feb. 23, 2020).
---------------------------------------------------------------------------
227. In any event, the requirement that new licensees reimburse
incumbents for relocation costs applies to reasonable actual costs
incurred in clearing the spectrum. This obligation does not include
reimbursement of space station operators on an assumption of future use
of currently unused capacity that far exceeds reasonably foreseeable
demand--the loss of capacity that has not been used, is not used, and
not likely to ever be used given the significant unused capacity that
remains available to ABS is not a cognizable expense. Thus, the
Commission rejects ABS's claim.
228. Allocating Payment Obligations Among Overlay Licensees.--
Finally, the Commission explains the financial responsibilities that
each flexible-use licensee will incur to reimburse the space station
operators. The Commission finds it reasonable to base the share for
each overlay licensee on the licensee's pro rata share of gross winning
bids. This approach is similar to the Commission's approach in the H-
Block proceeding, where the
[[Page 22837]]
Commission likewise used a pro rata cost-sharing mechanism based on
gross winning bids. Indeed, several commenters in this proceeding
proposed the H-Block pro rata calculation as a model for determining
winning bidders' shares here.
229. Specifically, for space station transition and Relocation
Payment Clearinghouse costs, and in the event the Wireless
Telecommunications Bureau selects a Relocation Coordinator, Relocation
Coordinator costs, the pro rata share of each flexible-use licensee
will be the sum of the final clock phase prices (P) for the set of all
license blocks (I) that a bidder wins divided by the total final clock
phase prices for all N license blocks sold in the auction. To determine
a licensee's reimbursement obligation (RO), that pro rata share would
then be multiplied by the total eligible relocation costs (RC).
Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.003
230. For incumbent earth stations and fixed service incumbent
licensee transition costs, a flexible-use licensee's pro rata share
will be determined on a PEA-specific basis, based on the final clock
phase prices for the license blocks it won in each PEA. To calculate
the pro rata share for incumbent earth station transition costs in a
given PEA, the same formula above will be used except now I will be the
set of licenses a bidder won in the PEA, N will be the total blocks
sold in the PEA and RC will be the PEA-specific earth station and fixed
service relocation costs.
231. For the Phase I accelerated relocation payments, the pro rata
share of each flexible use licensee of the 3.7 to 3.8 MHz in the 46
PEAs that are cleared by December 5, 2021, will be the sum of the final
clock phase prices (P) that the licensee won divided by the total final
clock phase prices for all M license blocks sold in those 46 PEAs. To
determine a licensee's RO the pro rata share would then be multiplied
by the total accelerated relocation payment due for Phase I, A1.
Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.004
232. For Phase II accelerated relocation payments, the pro rata
share of each flexible use licensee will be the sum of the final clock
phase prices (P) that the licensee won in the entire auction, divided
by the total final clock phase prices for all N license blocks sold in
the auction. To determine a licensee's RO the pro rata share would then
be multiplied by the total accelerated relocation payment due for Phase
II, A2. Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.005
5. Relocation Payment Clearinghouse
233. Next, the Commission finds that selecting a single,
independent Relocation Payment Clearinghouse to oversee the cost-
related aspects of the transition in a fair, transparent manner will
best serve the public interest. The Commission's experience in
overseeing other complicated, multi-stakeholder transitions of diverse
incumbents demonstrates the need for an independent party to administer
the cost-related aspects of the transition in a fair, transparent
manner, pursuant to Commission rules and oversight, to mitigate
financial disputes among stakeholders, and to collect and distribute
payments in a timely manner.
234. In the NPRM, the Commission sought comment on a variety of
approaches for expanding flexible use of the band. The Commission noted
that, under the private-sale approach, there was record support for a
centralized facilitator, and it sought comment on having the relevant
space station operators form a transition facilitator as a cooperative
entity to coordinate negotiations, clearing, and repacking in the band.
The Commission also asked about the role of the transition facilitator
and the form of supervisory authority the Commission should maintain
over it.
235. In the July 19 Public Notice, the Commission specifically
sought comment on how the Commission's approaches during the AWS-3 and
800 MHz transitions might inform this proceeding. The Commission asked
whether it should designate a transition administrator or require the
creation of a clearinghouse to facilitate the sharing of the costs for
mandatory relocation and repacking.
236. The Commission agrees with those commenters who contend that,
regardless of the approach selected to transition some or all of the
band to flexible use, the Commission should ensure that mechanisms
exist to guarantee a transparent transition process with appropriate
Commission oversight. The Commission has adopted cost-sharing plans
that included private clearinghouses to administer reimbursement
obligations among licensees, and the Commission finds a similar
approach to be in the public interest here. The Clearinghouse must be a
neutral, independent entity with no conflicts of interest
(organizational or personal) on the part of the organization or its
officers, directors, employees, contractors, or significant
subcontractors. The Clearinghouse must have no financial interests in
incumbent space station operators, incumbent earth station operators,
content companies that distribute programming using this band, wireless
operators, or any entity that may seek to acquire flexible-use
licenses, or to manufacture or market equipment in this band. In
addition, the officers, directors, employees, and/or contractors of the
Clearinghouse should also have no financial or organizational conflicts
of interest. The Clearinghouse must be able to demonstrate that it has
the requisite expertise to perform the duties required, which will
include collecting and distributing relocation and accelerated
relocation payments, auditing incoming and outgoing invoices,
mitigating cost disputes among parties, and generally acting as
clearinghouse.
237. Duties of the Clearinghouse.--The Commission is cognizant of
the need to establish measures to prevent waste, fraud, and abuse with
respect to reimbursement disbursements. The Commission finds that the
record and the Commission's experience in managing other complicated
transitions demonstrate that an independent Clearinghouse will ensure
that the transition is administered in a fair, transparent manner,
pursuant to narrowly-tailored Commission rules and subject to
Commission oversight.
238. First, the Clearinghouse will be responsible for collecting
from all incumbent space station operators and all incumbent earth
station operators a showing of their relocation costs for the
transition as well as a demonstration of the reasonableness of those
costs.\24\ In the event a party other than an incumbent earth station
operator performs relocation work to transition an earth station (such
as an incumbent space station operator or a network performing such
work pursuant to an existing affiliation agreement), that party may
directly submit the showing of relocation costs and receive
reimbursement, provided the parties do not submit duplicate filings for
the same earth station relocation work. The Clearinghouse will
determine in the first instance whether costs submitted for
[[Page 22838]]
reimbursement are reasonable. Parties seeking reimbursement for actual
costs must submit to the Clearinghouse a claim for reimbursement,
complete with sufficient documentation to justify the amount. The
Clearinghouse shall review reimbursement requests to determine whether
they are reasonable and to ensure they comply with the requirements
adopted in this Report and Order. The Clearinghouse shall give parties
the opportunity to supplement any reimbursement claims that the
Clearinghouse deems deficient.
---------------------------------------------------------------------------
\24\ When an incumbent space station operator takes
responsibility for clearing an incumbent earth station, the
incumbent space station operator bears solely the responsibility of
showing relocation costs and their reasonableness.
---------------------------------------------------------------------------
239. All incumbents seeking reimbursement for their actual costs
shall provide justification for those costs. Entities must document
their actual expenses and the Clearinghouse, or a third-party on behalf
of the Clearinghouse, may conduct audits of entities that receive
reimbursements. Entities receiving reimbursements must make available
all relevant documentation upon request from the Clearinghouse or its
contractor.
240. To determine the reasonableness of reimbursement requests, the
Clearinghouse may consider the submission and supporting documentation,
and any relevant comparable reimbursement submissions. The
Clearinghouse may also submit to the Wireless Telecommunications Bureau
for its review and approval a cost category schedule. Reimbursement
submissions that fall within the estimated range of costs in the cost
category schedule issued by the Bureau shall be presumed reasonable. If
the Clearinghouse determines that the amount sought for reimbursement
is unreasonable, it shall notify the party of the amount it deems
eligible for reimbursement. The Commission also directs the Wireless
Telecommunications Bureau to make further determinations related to
reimbursable costs, as necessary, throughout the transition process.
241. Second, the Clearinghouse will apportion costs among overlay
licensees and distribute payments to incumbent space stations,
incumbent earth station operators, and appropriate surrogates of those
parties that incur compensable costs. Following the public auction, the
Clearinghouse shall calculate the total estimated share of each
flexible-use licensee, as well as the estimated costs for the first six
months of the transition following the auction. The initial six-month
estimate shall incorporate the costs incurred prior to the auction as
well as the six months following the auction. Flexible-use licensees
shall pay their share of the initial estimated relocation payments into
a reimbursement fund, administered by the Clearinghouse, shortly after
the auction. The Clearinghouse shall draw from the reimbursement fund
to pay approved, invoiced claims.
242. Going forward, the Clearinghouse shall calculate the overlay
licensees' share of estimated costs for a six-month period and provide
overlay licensees with the amounts they owe at least 30 days before
each six-month deadline. Within 30 days of receiving the calculation of
their initial share, and then every six months until the transition is
complete, overlay licensees shall pay their share of estimated costs
into the reimbursement fund. The Clearinghouse shall draw from the
reimbursement fund to pay approved reimbursement claims. The
Clearinghouse shall pay approved claims within 30 days of invoice
submission to flexible-use licensees so long as funding is available.
If the reimbursement fund does not have sufficient funds to pay
approved claims before a six-month replenishment, the Clearinghouse
shall provide flexible-use licensees with 30 days' notice of the
additional shares they must contribute. Any interest arising from the
reimbursement fund shall be used to defray the costs of the transition
for all overlay licensees on a pro rata basis. At the end of the
transition, the Clearinghouse shall return any unused amounts to
overlay licensees according to their shares.
243. As a condition of their licenses, flexible-use licensees shall
be responsible collectively for the accelerated relocation payments
based on their pro rata share of the gross winning bids, similar to the
way a flexible-use licensee's space station relocation and
Clearinghouse costs are calculated. Where a space station operator has
elected to meet the Accelerated Relocation Deadlines, the accelerated
relocation payment pro rata calculation will be adjusted to reflect the
winning bidders of the flexible-use licenses benefitting from the
portion of cleared spectrum. Under this scenario, only the flexible-use
licensees in the 46 PEAs of the lower 100 megahertz (A block) that are
the subject of the Phase I Accelerated Relocation Deadline would pay
the Phase I accelerated relocation payment, and all overlay licensees
would pay the Phase II accelerated relocation payment.
244. If an overlay license is relinquished to the Commission prior
to all relocation cost reimbursements and accelerated relocation
payments being paid, the remaining payments will be distributed among
other similarly situated overlay licensees. If a new license is issued
for the previously relinquished rights prior to final payments becoming
due, the new overlay licensee will be responsible for the same pro rata
share of relocation costs and accelerated relocation payments as the
initial overlay license. If an overlay licensee sells its rights on the
secondary market, the new overlay licensee will be obligated to fulfill
all payment obligations associated with the license.
245. Overlay licensees will, collectively, pay for the services of
the Clearinghouse and staff. The Clearinghouse shall include its own
reasonable costs in the cost estimates it uses to collect payments from
overlay licensees. To ensure the Clearinghouse's costs are reasonable,
the Clearinghouse shall provide to the Office of the Managing Director
and the Wireless Telecommunications Bureau, by March 1 of each year, an
audited statement of funds expended to date, including salaries and
expenses of the Clearinghouse. It shall also provide additional
financial information as requested by the Office or Bureau to satisfy
the Commission's oversight responsibilities and/or agency-specific/
government-wide reporting obligations.
246. Third, the Clearinghouse will serve in an administrative role
and in a function similar to a special master in a judicial proceeding.
The Clearinghouse may mediate any disputes regarding cost estimates or
payments that may arise in the course of band reconfiguration; or refer
the disputant parties to alternative dispute resolution fora.\25\ Any
dispute submitted to the Clearinghouse, or other mediator, shall be
decided within 30 days after the Clearinghouse has received a
submission by one party and a response from the other party.
Thereafter, any party may seek expedited non-binding arbitration, which
must be completed within 30 days of the recommended decision or advice
of the Clearinghouse or other mediator. The parties will share the cost
of this arbitration if it is before the Clearinghouse.
---------------------------------------------------------------------------
\25\ We clarify that the Clearinghouse's dispute resolution role
is limited to disputes over cost estimates or payments. Disputes
related to the transition itself (e.g., facilities, workmanship,
preservation of service) should be reported to the Relocation
Coordinator or the Wireless Telecommunications Bureau, as detailed
below.
---------------------------------------------------------------------------
247. Should any issues still remain unresolved, they may be
referred to the Wireless Telecommunications Bureau within 10 days of
recommended decision or advice of the Clearinghouse or other mediator
and any decision of the Clearinghouse can be appealed to the Chief of
the Bureau. When referring
[[Page 22839]]
an unresolved matter, the Clearinghouse shall forward the entire record
on any disputed issues, including such dispositions thereof that the
Clearinghouse has considered. Upon receipt of such record and advice,
the Bureau will decide the disputed issues based on the record
submitted. The Bureau is directed to resolve such disputed issues or
designate them for an evidentiary hearing before an Administrative Law
Judge. If the Bureau decides an issue, any party to the dispute wishing
to appeal the decision may do so by filing with the Commission, within
10 days of the effective date of the initial decision, a Petition for
de novo review, whereupon the matter will be set for an evidentiary
hearing before an Administrative Law Judge. Parties seeking de novo
review of a decision by the Bureau are advised that, in the course of
the evidentiary hearing, the Commission may require complete
documentation relevant to any disputed matters, and, where necessary,
and at the presiding judge's discretion, require expert engineering,
economic or other reports, or testimony. Parties may therefore wish to
consider possibly less burdensome and expensive resolution of their
disputes through means of alternative dispute resolution.
248. Fourth, the Clearinghouse shall provide certain information
and reports to the Commission to facilitate our oversight of the
transition. Each quarter, the Clearinghouse shall file progress reports
in such detail as the Wireless Telecommunications Bureau may require.
Such reports shall include detail on the status of reimbursement funds
available for obligation, the relocation and accelerated relocation
payments issued, the amounts collected from overlay licensees, and any
certifications filed by incumbents. The quarterly progress reports must
account for all funds spent to transition the band, including its own
expenses (including salaries and fees paid to law firms, accounting
firms, and other consultants). The quarterly progress reports shall
include descriptions of any disputes and the manner in which they were
resolved.
249. The Clearinghouse shall provide to the Wireless
Telecommunications Bureau and the Office of the Managing Director
additional information upon request. For example, the Bureau may
request that the Clearinghouse estimate the average costs of
transitioning an incumbent earth station to aid the Bureau's
determination of a lump sum payment for such stations that seek
flexibility in pursuing the transition. Or the Bureau may require the
Clearinghouse to file special reports leading up to or after the
Relocation Deadline or the Accelerated Relocation Deadlines, reporting
on the status of funds associated with such deadlines so that the
Commission can take appropriate action in response. The Commission
would anticipate that the Bureau would require the Clearinghouse to
issue a special, audited report after the Relocation Deadline,
identifying any issues that have not readily been referred to the
Commission as well as what actions, if any, need to be taken for the
Clearinghouse to complete its obligations (including the estimated
costs and time frame for completing that work). And the Commission
directs the Wireless Telecommunications Bureau to assign the
Clearinghouse any additional tasks as needed to ensure that the
transition of the band proceeds smoothly and expeditiously.
250. To the extent commenters argue that an independent
Clearinghouse is unnecessary, the Commission disagrees. Allowing
incumbent space station operators, or other stakeholders, to determine
the reasonableness of their own costs and bill overlay licensees
accordingly creates an inherent conflict of interest--one that can be
easily mitigated through an independent third-party Clearinghouse.
251. Selecting the Clearinghouse.--In the 800 MHz proceeding, the
Commission appointed a committee of stakeholders to select an
independent Transition Administrator to manage the complicated process
of relocating incumbent licensees, including public safety, within the
800 MHz band. The Commission follows suit and finds that the best
approach for ensuring that the transition of the band will proceed on
schedule is for a committee of stakeholders in the band to select a
Relocation Payment Clearinghouse.
252. The search committee will be composed of nine members
appointed by nine entities that we find, collectively, reasonably
represent the interests of stakeholders in the transition.
Specifically, Intelsat, SES, Eutelsat, NAB, NCTA, ACA, CTIA, CCA, and
WISPA will each appoint one representative to the search committee.
Intelsat, SES, and Eutelsat represent varying views of the space
station operators, and Eutelsat shares many views similar to those of
the Small Satellite Operators. Although the interests of incumbent
earth stations are richly diverse, we find that the membership of NAB,
NCTA, and ACA and their positions advocated in this proceeding fairly
represent the broad interests of earth stations large and small,
including those in rural areas and those that are transportable. The
Commission also finds that the membership and advocacy of CTIA, CCA,
and WISPA fairly represents the views of prospective flexible-use
licensees, including small and rural businesses. The search committee
should proceed by consensus; however, if a vote on selection of a
Clearinghouse is required, it shall be by a majority vote.
253. The Commission recommends the search committee convene by
March 31, 2020; the Commission requires that it shall convene no later
than 60 days after publication of this Report and Order in the Federal
Register. Further, it shall notify the Commission of the detailed
selection criteria for the position of Clearinghouse by June 1, 2020.
Such criteria must be consistent with the qualifications, roles, and
duties of the Clearinghouse. The search committee should ensure that
the Clearinghouse meets relevant best practices and standards in its
operation to ensure an effective and efficient transition.
254. The Clearinghouse should be required, in administering the
transition, to (1) engage in strategic planning and adopt goals and
metrics to evaluate its performance, (2) adopt internal controls for
its operations, (3) use enterprise risk management practices, and (4)
use best practices to protect against improper payments and to prevent
fraud, waste, and abuse in its handling of funds. The Clearinghouse
must be required to create written procedures for its operations, using
the Government Accountability Office's (GAO) Green Book \26\ to serve
as a guide in satisfying such requirements.
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\26\ GAO, The Green Book: Standards for Internal Control in the
Federal Government, GAO-14-704G, (rel. Sep 10, 2014). Available at
https://www.gao.gov/greenbook/overview.
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255. The search committee should also ensure that the Clearinghouse
adopts robust privacy and data security best practices in its
operations, given that it will receive and process information critical
to ensuring a successful and expeditious transition. The Clearinghouse
should therefore also comply with, on an ongoing basis, all applicable
laws and Federal government guidance on privacy and information
security requirements such as relevant provisions in the Federal
Information Security Management Act (FISMA),\27\
[[Page 22840]]
National Institute of Standards and Technology (NIST) publications, and
Office of Management and Budget guidance. The Clearinghouse should be
required to hire a third-party firm to independently audit and verify,
on an annual basis, the Clearinghouse's compliance with privacy and
information security requirements and to provide recommendations based
on any audit findings; to correct any negative audit findings and adopt
any additional practices suggested by the auditor; and to report the
results to the Bureau.
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\27\ Federal Information Security Management Act of 2002 (FISMA
2002), enacted as Title III, E-Government Act of 2002, Public Law
107-347, 116 Stat. 2899, 2946 (Dec. 17, 2002) was subsequently
modified by the Federal Information Security Modernization Act of
2014 (Pub. L. 113-283, Dec. 18, 2014). As modified, FISMA is
codified at 44 U.S.C. 3551 et seq.
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256. The Wireless Telecommunications Bureau is directed to issue a
Public Notice notifying the public that the search committee has
published criteria for the selection of the Clearinghouse, outlining
the submission requirements, and providing the closing dates for the
selection of the Clearinghouse.
257. The search committee shall notify the Commission of its choice
for the Clearinghouse no later than July 31, 2020. This notification
shall: (a) Fully disclose any actual or potential organizational or
personal conflicts of interest or appearance of such conflict of
interest of the Clearinghouse or its officers, directors, employees,
and/or contractors; and (b) set out in detail the salary and benefits
associated with each position. Additionally, the Commission expects
that the Clearinghouse will enter into one or more appropriate
contracts with incumbent space station operators, overlay licensees,
and their agents or designees. The Clearinghouse shall have an ongoing
obligation to update this information as soon as possible after any
relevant changes are made.
258. After receipt of the notification, the Bureau is hereby
directed to issue a Public Notice inviting comment on whether the
entity selected satisfies the criteria set out here. Following the
comment period, the Bureau will issue a final order announcing that the
criteria established in this Report and Order either have or have not
been satisfied; should the Bureau be unable to find the criteria have
been satisfied, the selection process will start over and the search
committee will submit a new proposed entity. During the course of the
Clearinghouse's tenure, the Commission will take such measures as are
necessary to ensure a timely transition.
259. In the event that the search committee fails to select a
Clearinghouse and to notify the Commission by July 31, 2020, the search
committee will be dissolved without further action by the Commission.
In the event that the search committee fails to select a Clearinghouse
and to notify the Commission by July 31, 2020, two of the nine members
of the search committee will be dropped therefrom by lot, and the
remaining seven members of the search committee shall select a
Clearinghouse by majority vote by August 14, 2020.
260. To ensure the timely and efficient transition of the band, the
Commission directs the Wireless Telecommunications Bureau to provide
the Clearinghouse with any needed clarifications or interpretations of
the Commission's orders. The Bureau, in consultation with the Office of
the Managing Director, may request any documentation from the
Clearinghouse necessary to provide guidance or carry out oversight. And
to protect the fair and level playing field for applicants to
participate in the Commission's auction, beginning on the initial
deadline for filing auction applications until the deadline for making
post-auction down payments, the Clearinghouse must make real time
disclosures of the content and timing of, and the parties to,
communications, if any, from or to applicants in the auction, as
applicants are defined by the Commission's rule prohibiting certain
auction-related communications.\28\
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\28\ See 47 CFR 1.2105(c). Because all applicants'
communications with the Clearinghouse will be public as a result of
this requirement and therefore available to other applicants,
applicants must take care that their communications with the
Clearinghouse do not violate the prohibition against communications
by revealing bids or bidding strategies. Applicants further will
have to consider their independent obligation to report potential
violations to the Commission pursuant to auction rules.
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261. The Wireless Telecommunications Bureau is hereby directed to
issue a Public Notice upon receipt of a request of the Clearinghouse to
wind down and suspend operations. If no material issues are raised
within 15 days of the release of said Public Notice, the Bureau may
grant the Clearinghouse's request to suspend operations on a specific
date. Overlay licensees must pay all costs prior to the date set forth
in the Public Notice.
6. The Logistics of Relocation
262. The Commission next addresses the logistics of relocating FSS
operations out of the lower 300 megahertz of the C-band spectrum. The
Commission discusses the obligations for eligible space station
operators that select to clear by the Accelerated Relocation Deadlines
and adopts filing requirements and deadlines associated with those
obligations. The Commission also adopts additional requirements for
eligible space station operators that do not elect to clear by the
Accelerated Relocation Deadlines in order to ensure that incumbent
earth station operators, other C-band satellite customers, and
prospective flexible-use licensees are adequately informed and
accommodated throughout the transition. Finally, the Commission finds
it in the public interest to appoint a Relocation Coordinator to ensure
that all incumbent space station operators are relocating in a timely
manner.
263. In the NPRM, the Commission sought comment on the logistics of
relocating FSS operations. The Commission sought comment on having the
relevant space station operators form a transition facilitator as a
cooperative entity to coordinate negotiations, clearing, and repacking
in the band. The Commission also asked about the role of the transition
facilitator and the form of supervisory authority the Commission should
maintain over it. The Commission also sought comment on a process
whereby, after the transition facilitator has coordinated with relevant
stakeholders regarding the transition of services to the upper portion
of the band, it would file with the Commission a transition plan
describing the spectrum to be made available for flexible use, the
timeline for completing the transition, and the commitments each party
has made to ensure that all relevant stakeholders are adequately
accommodated and able to continue receiving existing C-band services
post-transition. The Commission sought comment on whether to require
that the transition plan explain how the spectrum will be cleared, what
types of provisions should be required to ensure that relevant
stakeholders are adequately accommodated, and whether to set a deadline
for the submission of a transition plan. To facilitate transparency in
the transition process, the NPRM sought comment on whether the
transition plan should be subject to Commission approval, and on
whether it should be made available for public review and comment.
264. Several commenters argue for a centralized transition
facilitator to guarantee a transparent transition process with
appropriate Commission oversight. Several incumbent space station
operators argue that a transition facilitator to coordinate relocation
is either unnecessary or that incumbent space station operators should
coordinate the relocation of their own customers. Several commenters in
turn support requiring the submission of a transition plan to be made
available for public review and comment. Commenters ask the Commission
to require that the transition plan describe
[[Page 22841]]
in detail the estimated costs to transition the band, including
reimbursement of reasonable costs to incumbent earth station operators
and satellite customers, the schedule for clearing and deadlines for a
completed transition, and plans for how incumbents will be accommodated
and continue to receive existing C-band services.
265. The Commission finds that making eligible space station
operators individually responsible for all space station clearing
obligations will promote an efficient and effective space station
transition process. In light of the complicated interdependencies
involved in transitioning earth station operations to the upper 200
megahertz of C-band spectrum, as well as the extensive number of
registered incumbent earth stations, incumbent space station operators
are best positioned to know when and how to migrate incumbent earth
stations and when filtering incumbent earth stations is feasible.
Incumbent space station operators have the technical and operational
knowledge to perform the necessary satellite grooming to transition C-
band satellite services into the upper 200 megahertz of the band. This
approach will leverage space station operators' expertise, as well as
their incentive to achieve an effective transition of space station
operations, in order to maintain ongoing C-band services in the future.
266. The Commission nonetheless agrees with commenters that the
Commission must maintain oversight of the transition throughout. The
Commission tailors this transition plan to whether incumbent space
station operators elect to meet the Accelerated Relocation Deadlines in
recognition that such an election would align the incentives of the
incumbent space station operators with the Commission's goal of rapidly
introducing mid-band spectrum into the marketplace. The Commission
starts with that election.
267. Transition for Operators that Elect Accelerated Relocation.--
If space station operators choose to clear on the accelerated timeframe
in exchange for an accelerated relocation payment, they must do so via
a written commitment by filing an Accelerated Relocation Election in
this docket by May 29, 2020. Commitments to early clearing will be
crucial components of prospective flexible-use licensees' decisions to
compete for a particular license at auction. The Commission therefore
finds it appropriate to require space station operators to commit to
early clearing as soon as possible to provide bidders with adequate
certainty regarding the clearing date and payment obligations
associated with each license. Such elections shall be public and
irrevocable, and the Commission directs the Wireless Telecommunications
Bureau to prescribe the precise form of such election via Public Notice
no later than May 12, 2020.
268. Because the Commission finds that overlay licensees would only
value accelerated relocation if a significant majority of incumbent
earth stations are cleared in a timely manner, the Commission finds
that at least 80% of accelerated relocation payments must be accepted
via Accelerated Relocation Elections in order for the Commission to
accept elections and require overlay licensees to pay accelerated
relocation payments.\29\ The Commission accordingly directs the
Wireless Telecommunications Bureau to issue a Public Notice by June 5,
2020, announcing whether sufficient elections have been made to trigger
early relocation or not.
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\29\ We make clear that if the accelerated elections meet the
80% threshold, only those space station operators that chose to
clear on an accelerated timeframe will be expected to meet the
accelerated deadlines.
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269. By electing accelerated relocation, an eligible space station
operator voluntarily commits to paying the administrative costs of the
Clearinghouse until the Commission awards licenses to the winning
bidders in the auction, at which time those administrative costs will
be repaid to those space station operators.
270. By electing accelerated relocation, an eligible space station
operator voluntarily commits not only to relocating its own services
out of the lower 300 megahertz by the Accelerated Relocation Deadlines
(both Phase I and Phase II) but also to take responsibility for
relocating its associated incumbent earth stations by those same
deadlines. A space station operator must plan, coordinate, and perform
(or contract for the performance of) all the tasks necessary to migrate
any incumbent earth station that receives or sends signals to a space
station owned by that operator, whether the satellite service provider
is in direct privity of contract with the earth station operator or
indirectly through another entity; in short, the space station operator
must provide a turnkey solution to the transition. When a space station
operator takes responsibility, its associated incumbent earth station
operators need only facilitate the space station operator's completion
of that earth station's relocation, for example, by helping with
scheduling, providing access to facilities, and confirming the work
performed.
271. The one exception to the rule is for incumbent earth station
operators that choose to opt out of the formal relocation process by
taking the lump sum relocation payment in lieu of its actual relocation
costs. Such an incumbent earth station operator would then be
responsible for coordinating with the relevant space station operator
as necessary and performing all relocation actions on its own,
including switching to alternative transmission mechanisms such as
fiber.
272. Only incumbent earth station transition delays that are beyond
the control of the incumbent space station operators will not impact
their eligibility for the accelerated relocation payment. However, to
partake of this exception, the Commission requires that any eligible
space station operator submit a notice of any incumbent earth station
transition delays to the Wireless Telecommunications Bureau within
seven days of discovering an inability to accomplish the assigned earth
station transition task. Such a request must include supporting
documentation to allow for resolution as soon as practicable and must
be submitted before the Accelerated Relocation Deadlines. To be clear,
a space station operator's associated incumbent earth stations will
lose their interference protection for the relevant band once the space
station operator has met its obligations under the Accelerated
Relocation Deadline for Phase I or Phase II.
273. The Commission will determine whether an eligible space
station operator has met its accelerated benchmark on an individual
basis in order to protect such operators from potential holdout from
other operators. Maintaining individualized eligibility can facilitate
competition among space station operators--after all, content
distributors and incumbent earth stations are more likely to choose to
use operators that can meet their publicly elected deadlines for the
transition than those that fail to do so. And even if some eligible
space station operators have not relocated by the Accelerated
Relocation Deadlines, the Commission finds that value still exists for
flexible-use licensees to be able to start deploying terrestrial
operations in some areas before the final Relocation Deadline.\30\
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\30\ Although we anticipate that flexible-use licensees may
begin deploying and constructing their networks before all
incumbents have cleared the band, we clarify that--absent the
consent of affected incumbent earth stations--flexible-use licensees
may not begin operations until either the filing of a validated
Certification of Accelerated Relocation or the lapse of the
Relocation Deadline.
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[[Page 22842]]
274. By providing Accelerated Relocation Deadlines that eligible
space station operators can commit to meet in order to receive
accelerated relocation payments, the Commission will align the space
station operators' incentives with the Commission's goal of rapidly
introducing mid-band spectrum into the marketplace.
275. The Commission's goal is to facilitate the expeditious
deployment of next-generation services nationwide across the entire 280
megahertz made available for terrestrial use, and the Commission's
rules must properly align the incentives of eligible space station
operators to hit that target. To the extent eligible space station
operators can meet the Phase I and Phase II Accelerated Relocation
Deadlines, they will be eligible to receive the accelerated relocation
payments associated with those deadlines. And the Commission agrees
with commenters that electing space station operators should receive
reduced, but non-zero, accelerated relocation payments should they miss
the specific deadlines. Indeed, commenters rightly argue that creating
a ``cliff'' on the first day beyond the relevant deadline could create
perverse incentives for space station operators to rush the relocation
process at the expense of their customers (to avoid the loss of the
entire payment), or to stop transition work entirely (since they could
not get any accelerated relocation payment if they miss the deadline
even by a day or a month). The Commission thus adopts a sliding scale
of decreasing accelerated relocation payments that will provide enough
of a ``carrot'' for space station operators to continue to accelerate
their relocation even where they miss the relevant deadline while also
maintaining a ``stick'' that does not render the accelerated relocation
deadlines meaningless. Specifically, the Commission adopts the
following schedule of declining accelerated relocation payments for the
six months following each Accelerated Relocation Deadline. If an
incumbent space station operator cannot complete the transition within
six months of the relevant Accelerated Relocation Deadline, its
associated payment will drop to zero.
------------------------------------------------------------------------
Accelerated
Date of completion Incremental relocation
reduction (%) payment (%)
------------------------------------------------------------------------
By Deadline............................. .............. 100
1-30 Days Late.......................... 5 95
31-60 Days Late......................... 5 90
61-90 Days Late......................... 10 80
91-120 Days Late........................ 10 70
121-150 Days Late....................... 20 50
151-180 Days Late....................... 20 30
181+ Days Late.......................... 30 0
------------------------------------------------------------------------
276. Subject to confirmation as to the validity of the
certification, an eligible space station operator's satisfaction of the
Accelerated Relocation Deadlines will be determined by the timely
filing of a Certification of Accelerated Relocation demonstrating, in
good faith, that it has completed the necessary clearing actions to
satisfy each deadline. An eligible space station operator shall file a
Certification of Accelerated Relocation with the Clearinghouse and make
it available for public review in this docket once it completes its
obligations but no later than the applicable relocation deadline. The
Commission directs the Wireless Telecommunications Bureau to prescribe
the form of such certification.
277. The Bureau, Clearinghouse, and relevant stakeholders will have
the opportunity to review the Certification of Accelerated Relocation
and identify potential deficiencies. The Commission directs the
Wireless Telecommunications Bureau to prescribe the form of any
challenges by relevant stakeholders as to the validity of the
certification, and to establish the process for how such challenges
will impact the incremental decreases in the accelerated relocation
payment. If credible challenges as to the space station operator's
satisfaction of the relevant deadline are made, the Bureau will issue a
public notice identifying such challenges and will render a final
decision as to the validity of the certification no later than 60 days
from its filing. Absent notice from the Bureau of any such deficiencies
within 30 days of the filing of the certification, the Certification of
Accelerated Relocation will be deemed validated.
278. An eligible space station operator that meets the Phase I
Accelerated Relocation Deadline and files the appropriate Certification
of Accelerated Relocation may request its Phase I accelerated
relocation payment for disbursement. The Clearinghouse will collect and
distribute the accelerated relocation payments. The Clearinghouse shall
promptly notify overlay licensees following validation of the
Certification of Accelerated Relocation. Overlay licensees shall pay
the accelerated relocation payments to the Clearinghouse within 60 days
of the notice that eligible space station operators have met their
respective accelerated clearing benchmark.\31\ The Clearinghouse shall
disburse accelerated relocation payments to relevant space station
operators within seven days of receiving the payment from overlay
licensees. Overlay licensees may begin operations in their respective
blocks and PEAs upon notice of a validated Certification of Accelerated
Relocation, and, as relevant, following payment of any required
accelerated relocation payments.\32\
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\31\ We note that overlay licensees that fail to submit timely
payment would be in violation of a condition of their license and
therefore be subject to enforcement action, including potential
monetary forfeitures, as well as loss of the license.
\32\ To the extent overlay licensees negotiate to clear
incumbents from the band earlier than any deadlines, they may deploy
service with the consent of affected incumbent earth stations
earlier than the deadline--but only so long as they make all
required payments to the Clearinghouse in a timely manner.
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279. Transition for Non-Electing Operators.--By declining to elect
for accelerated relocation payments, an incumbent space station
operator is irrevocably forfeiting any right to accelerated relocation
payments, even if it completes all tasks by the Accelerated Relocation
Deadlines and files a Certification of Accelerated Relocation. This is
so because bidders in the public auction must know what obligations
they will incur if they become overlay licensees, and the commitment to
accelerated relocation therefore must
[[Page 22843]]
come well in advance of the auction. The Commission therefore finds it
appropriate to limit eligible space station operators' ability to make
such an election in the Accelerated Relocation Election filed no later
than May 29, 2020.
280. Transition Plan.--The Commission requires each eligible space
station operator to submit to the Commission and make available for
public review a Transition Plan describing the necessary steps and
estimated costs to transition all existing services out of the lower
300 megahertz of C-band spectrum. Such plans must be filed by June 12,
2020. The Transition Plan must describe in detail the necessary steps
for accomplishing the complete transition of existing C-band services
to the upper 200 megahertz of the band by the Relocation Deadline or,
as applicable, by the Accelerated Relocation Deadlines.\33\ Except
where an incumbent earth station owner elects the lump sum payment and
assumes responsibility for transitioning its own earth stations,
eligible space station operators that elect Accelerated Relocation
Payments are responsible for relocating all associated incumbent earth
stations, and therefore must detail the details of such relocation in
the Transition Plan.\34\ To the extent an incumbent space station
operator does not elect Accelerated Relocation Payments but
nevertheless plans to assume responsibility for relocating its own
associated incumbent earth stations, it must make that clear in the
Transition Plan (the responsibility otherwise falls on incumbent earth
station owners to work with overlay licensees to facilitate an
appropriate transition). The Transition Plan must also state a range of
estimated costs for the transition, with appropriate itemization to
allow reasonable review by overlay licensees, the Clearinghouse, and
the Commission.
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\33\ All required filings should be made in the docket for this
proceeding, GN Docket No. 18-122.
\34\ We encourage space station operators to coordinate with and
seek input from associated incumbent earth station operators and
other C-band satellite customers in developing their Transition
Plans, and to work cooperatively with earth station operators--even
those that elect a lump sum payment--during the transition. We
decline, however, to require space station operators to include all
of their ``express agreed commitments'' to their customers in the
transition plans, as QVC and HSN request, as such requirement would
be overly burdensome. The opportunity to comment on Transition Plans
provides these customers the opportunity to raise concerns.
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281. To ensure that incumbent earth station operators, other C-band
satellite customers, and prospective flexible-use licensees are
adequately informed regarding the transition, the Transition Plan must
describe in detail: (1) All existing space stations with operations
that will need to be repacked into the upper 200 megahertz; (2) the
number of new satellites, if any, that the space station operator will
need to launch in order to maintain sufficient capacity post-
transition, including detailed descriptions of why such new satellites
are necessary; (3) the specific grooming plan for migrating existing
services to the upper 200 megahertz, including the pre- and post-
transition frequencies that each customer will occupy; \35\ (4) any
necessary technology upgrades or other solutions, such as video
compression or modulation, that the space station operator intends to
implement; (5) the number and location of earth stations antennas
currently receiving the space station operator's transmissions that
will need to be transitioned to the upper 200 megahertz; (6) an
estimate of the number and location of earth station antennas that will
require retuning and/or repointing in order to receive content on new
transponder frequencies post-transition; and (7) the specific timeline
by which the space station operator will implement the actions
described in items (2) through (6).
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\35\ While we recognize that space station operators may have an
interest in maintaining confidentiality regarding certain aspects of
specific contractual agreements and identifying customer
information, we require that any information necessary to effectuate
the transition in a transparent manner must be included in this
filing. If space station operators will be migrating customers to
frequencies on a different operator's space station, the details of
that arrangement between two space station operators would be deemed
necessary information.
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282. The Commission recognizes that certain space station operators
may find it advantageous or necessary to develop a combined space
station grooming plan that allows for more efficient clearing by, for
example, migrating customers to excess capacity on another space
station operator's satellites. Such space station operators are free to
file either individual or joint Transition Plans, so long as any
combined plan separately identifies and describes all required
information (i.e., items 1 through 7) as it pertains to each individual
operator.
283. Incumbent earth station operators, programmers, and other C-
band stakeholders will have an opportunity to file comments on each
Transition Plan by July 13, 2020. The Wireless Telecommunications
Bureau is directed to issue a Public Notice detailing the process for
such notice and comment.
284. The Commission also recognizes that there may be a need for an
incumbent space station operator to make changes to its Transition Plan
to update certain information or to cure any defects that may be
identified by the Commission or by relevant stakeholders during the
comment window. Space station operators must make any necessary updates
or resolve any deficiencies in their individual Transition Plans by
August 14, 2020. After this date, space station operators may only make
further adjustments to their individual plans with the approval of the
Commission.
285. Relocation Coordinator and Status Reports.--The Commission
finds it in the public interest to provide for a Relocation Coordinator
to ensure that all incumbent space station operators are relocating in
a timely manner. If eligible space station operators elect accelerated
relocation so that a supermajority (80%) of accelerated relocation
payments are accepted (and thus accelerated relocation is triggered),
the Commission finds it in the public interest to allow a search
committee of such operators to select a Relocation Coordinator.
Specifically, each electing space station operator may select one
representative for the search committee, and the committee shall work
by consensus to the extent possible or by supermajority vote
(representing 80% of electing operators' accelerated relocation
payments) to the extent consensus cannot be reached.\36\ If electing
eligible space station operators select a Relocation Coordinator, they
shall also be responsible for paying for its costs out of accelerated
relocation payments--this will align the incentives of the Relocation
Coordinator and the search committee to minimize costs while maximizing
the chances of meeting the Accelerated Relocation Deadlines.\37\
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\36\ Given that the space station operators have primary
responsibility for transitioning their associated incumbent earth
stations, we decline NCTA's request to include earth station
operators in the search committee for the Relocation Coordinator.
\37\ Because this approach for selecting the Relocation
Coordinator does not require that the selected entity be a neutral
third-party, it is possible that the search committee will select a
consortium of eligible space station operators. We therefore reject
SES's request that overlay licensees, rather than space station
operators, pay for the costs of the Relocation Coordinator, as such
an approach could lead to self-dealing on the part of the Relocation
Coordinator and create unnecessary additional costs for overlay
licensees.
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286. The Relocation Coordinator must be able to demonstrate that it
has the requisite expertise to perform the duties required, which will
include: (1) Coordinating the schedule for clearing the band; (2)
performing engineering analysis, as necessary, to determine necessary
earth station migration actions; (3) assigning obligations, as
[[Page 22844]]
necessary, for earth station migrations and filtering; (4) coordinating
with overlay licensees throughout the transition process; (5) assessing
the completion of the transition in each PEA and determining overlay
licensees' ability to commence operations; and (6) mediating scheduling
disputes. The search committee shall notify the Commission of its
choice of Relocation Coordinator no later than July 31, 2020.
287. The Wireless Telecommunications Bureau is hereby directed to
issue a Public Notice inviting comment on whether the entity selected
satisfies the criteria set out here. Following the comment period, the
Bureau will issue a final order announcing that the criteria
established in this Report and Order either have or have not been
satisfied; should the Bureau be unable to find the criteria have been
satisfied, the selection process will start over and the search
committee will submit a new proposed entity. During the course of the
Relocation Coordinator's tenure, the Commission will take such measures
as are necessary to ensure a timely transition.
288. In the event that the search committee fails to select a
Relocation Coordinator and to notify the Commission by July 31, 2020,
the search committee will be dissolved without further action by the
Commission. In the event the search committee fails to select a
Relocation Coordinator, or in the case that at least 80% of accelerated
relocation payments are not accepted (and thus accelerated relocation
is not triggered), the Commission will initiate a procurement of a
Relocation Coordinator to facilitate the transition. Specifically, the
Commission directs the Office of the Managing Director to initiate a
procurement process, and the Wireless Telecommunications Bureau to take
other necessary actions to meet the Accelerated Relocation Deadlines
(to the extent applicable to any given operator) and the Relocation
Deadline.
289. In the case that the Wireless Telecommunications Bureau
selects the Relocation Coordinator, overlay licensees will,
collectively, pay for the services of the Relocation Coordinator and
staff. The Relocation Coordinator shall submit its own reasonable costs
to the Relocation Payment Clearinghouse, who will then collect payments
from overlay licensees. It shall also provide additional financial
information as requested by the Bureau to satisfy the Commission's
oversight responsibilities and/or agency-specific/government-wide
reporting obligations. Once selected, the Commission expects that the
Relocation Coordinator will enter into one or more appropriate
contracts with incumbent space station operators, overlay licensees,
and their agents or designees.
290. However selected, the Relocation Coordinator's
responsibilities will be the same. In short, the Relocation Coordinator
may establish a timeline and take actions necessary to migrate and
filter incumbent earth stations to ensure uninterrupted service during
and following the transition. The Relocation Coordinator must review
the Transition Plans filed by all eligible space station operators and
recommend any changes to those plans to the Commission to the extent
needed to ensure a timely transition. To the extent that incumbent
earth stations are not accounted for in eligible space station
operators' Transition Plans, the Relocation Coordinator must prepare an
Earth Station Transition Plan for such incumbent earth stations and may
require each associated space station operator to file the information
needed for such a plan with the Relocation Coordinator. Where space
station operators do not elect to clear by the Accelerated Relocation
Deadlines and therefore are not responsible for earth station migration
and filtering, the Earth Station Transition Plan must provide timelines
that ensure all earth station relocation is completed by the Relocation
Deadline. The Relocation Coordinator will describe and recommend the
respective responsibility of each party for earth station migration
obligations in the Earth Station Transition Plan and assist incumbent
earth stations in transitioning including, for example, by installing
filters or hiring a third party to install such filters to the extent
necessary. For example, where an earth station requires repointing or
retuning to receive transmissions on a new frequency or satellite, it
might be most efficient for the same party performing those tasks to
also install the necessary filter at the same time.
291. The Relocation Coordinator shall coordinate its operations
with overlay licensees, who must ultimately pay for such relocation
costs. The most efficient party to perform earth station migration
actions or install an earth station filter, and the timeframe for doing
so, likely will vary widely across earth stations. Incumbent space
station operators must cooperate in good faith with the Relocation
Coordinator--and the Relocation Coordinator must, likewise, coordinate
in good faith with incumbent space station operators--throughout the
transition. The Relocation Coordinator will also be responsible for
receiving notice from earth station operators or other satellite
customers of any disputes related to comparability of facilities,
workmanship, or preservation of service during the transition and shall
subsequently notify the Wireless Telecommunications Bureau of the
dispute and provide recommendations for resolution.
292. To protect the fair and level playing field for applicants to
participate in the Commission's auction, beginning on the initial
deadline for filing auction applications until the deadline for making
post-auction down payments, the Relocation Coordinator must make real-
time disclosures of the content and timing of, and the parties to,
communications, if any, from or to applicants in the auction, as
applicants are defined by the Commission's rule prohibiting certain
auction-related communications.
293. The Commission also agrees with commenters like Global Eagle
and NAB that regularly-filed status reports would aid our oversight of
the transition. Specifically, the Commission requires each eligible
space station operator to report the status of its clearing efforts on
a quarterly basis, beginning December 31, 2020. Because eligible space
station operators will likely need to cooperate to meet the accelerated
timelines, the Commission invites and encourages them to file joint
status reports. The Commission also requires the Relocation Coordinator
to report on the overall status of clearing efforts on the same
schedule. The Commission directs the Wireless Telecommunications Bureau
to specify the form and format of such reports.
294. Finally, the Commission rejects Eutelsat's assertion that the
Commission should require the Relocation Coordinator to be a neutral
third party. Eutelsat argues that allowing the Relocation Coordinator
to be selected by a supermajority vote representing at least 80% of the
electing operators' accelerated relocation payments would give Intelsat
and SES effective control over the Relocation Coordinator, leading to
potential conflicts of interest. Eutelsat argues that the Relocation
Coordinator should, instead, be a neutral, independent third party akin
to the Relocation Payment Clearinghouse. The Commission disagrees. The
Relocation Coordinator's responsibilities will require detailed
coordination with space station operators and earth stations to assess
the validity of Transition Plans and ensure that the space station
operators meet their relocation deadlines. A truly independent
Relocation Coordinator may not have the requisite knowledge or
expertise to perform these essential functions and
[[Page 22845]]
complete the transition in a timely manner. Given the complexity of the
transition process, the importance of rapid clearing, and the need for
ongoing coordination and cooperation with space station operators and
their customers, the Commission finds that it is in the public interest
for the Relocation Coordinator to be selected by parties representing
the vast majority of the clearing responsibilities in the band. The
Commission also finds that requiring the Relocation Coordinator to be a
neutral, disinterested third party could create inefficiencies in the
clearing process and endanger the successful completion of the
transition. The Commission notes, however, that the Relocation
Coordinator's responsibilities are the same vis-[agrave]-vis all
incumbent space station operators and that it must operate in good
faith to perform its duties on behalf of each incumbent operator.
7. Other FSS Transition Issues
295. In this section, the Commission addresses two additional
issues related to the FSS Transition that were raised in the record.
296. Maintenance of IBFS Data Accuracy.--The Commission declines to
require annual certification requirements or discontinuance
requirements, as requested by advocates of point-to-multipoint flexible
use in the band. The NPRM asked several questions about how best to
maintain accurate earth station data in IBFS. The Commission believes
there is increased awareness among incumbent earth station operators of
their rights and responsibilities as a result of this proceeding and
the various public notices associated with it. In addition, because FSS
will no longer share with point-to-point in the contiguous United
States and the Commission is not setting aside spectrum for point-to-
multipoint or flexible use in the band on a shared basis with FSS using
coordination or dynamic spectrum management, the Commission does not
believe that such additional measures are necessary or worth the
additional regulatory requirements. Further, Section 25.162 of the
Commission's rules already requires FSS licensees to keep their
Commission registration and license information up to date, and it is
the responsibility of earth station registrants under the Commission's
rules to surrender any registration or license for an earth station no
longer in use.
297. Revising the Coordination Policy Between FSS and FS
Services.--The full band, full arc coordination policy governs sharing
between the co-primary FSS and FS services. In the contiguous United
States this policy will be moot given our decisions today to transition
the FSS allocation to the upper 200 megahertz of the band and to sunset
incumbent point-to-point use of the band. Outside the contiguous United
States, the record does not reflect any significant concerns with the
existing policy. Indeed, satellite interests support retention of the
full band, full arc policy and argue that the flexibility of full band,
full arc is needed to deal with unanticipated satellite failures,
emergencies on the ground, or unexpected interference. NCTA notes that
earth station operators require flexibility to repoint and change
frequencies. Accordingly, the Commission is not adopting its proposal
to revise the coordination policy at this time to require earth
stations to report to the Commission the actual frequencies and
azimuths used. Nonetheless, if an earth station operator alleges
harmful interference from wireless operations in adjacent bands, it
must be prepared to provide all relevant technical data regarding its
station's operation. Additionally, incumbent space station operations
with earth stations will be protected on a primary basis in the
remaining upper 200 megahertz of the band. Since the Commission is
clearing 300 megahertz of the band and declining to permit point-to-
multipoint communications within this band at this time, the Commission
need not further limit the scope of earth station operations. Allowing
continued flexibility will also facilitate antenna re-pointing to
different satellites during the clearing process.
C. Fixed Use in the C-Band
298. The Commission adopts rules to sunset as of December 5, 2023,
incumbent point-to-point Fixed Service use under part 101 in the 3.7-
4.2 GHz band in the contiguous United States. The Commission finds that
doing so will serve the public interest by facilitating the
introduction of flexible use into this band and providing incumbent
Fixed Service licensees with a reasonable period to self-relocate their
permanent fixed operations out of the 3.7-4.2 GHz band. The Commission
also declines to adopt modifications to part 101 to permit point-to-
multipoint Fixed Service use in the 4.0-4.2 GHz band, as doing so could
complicate the continued use of the 4.0-4.2 GHz band by FSS licensees
during and after the transition.
1. Sunsetting Incumbent Point-to-Point Fixed Services
299. As noted in the NPRM, point-to-point Fixed Service use of the
band has declined steeply over the past 20 years and many other
spectrum options are available for point-to-point links. In the
contiguous United States, there are now only 87 point-to-point Fixed
Service licenses in this band, of which 51 are permanent point-to-point
Fixed Service and 36 temporary Fixed Service licenses.\38\ Frequency
coordination allows FSS and terrestrial fixed microwave to share the
band on a co-primary basis but coordination of mobile systems would be
more complicated because the movement of the devices would require
analyses and interference mitigation to avoid harmful interference to/
from both services. Indeed, the Commission's Emerging Technologies
framework has largely involved the relocation of fixed services to
allow for mobile operations under new, flexible-use licenses. The
Commission must therefore carefully balance these incumbent uses
against the need for additional spectrum for flexible use in deciding
upon the best means of resolving issues in this proceeding in the
public interest.
---------------------------------------------------------------------------
\38\ See Universal Licensing System, https://wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp.
---------------------------------------------------------------------------
300. The Commission finds that the relatively limited incumbent
point-to-point Fixed Service use in this band may be accommodated by
sunsetting primary operations in the 3.7-4.2 GHz band in the contiguous
United States as of December 5, 2023. Accordingly, the Commission
adopts a modified version of our proposal to sunset, in three years,
incumbent point-to-point Fixed Service use in the 3.7-4.2 GHz band in
the contiguous United States. Specifically, existing licensees, as of
April 19, 2018, of licenses for permanent Fixed Service operations will
have until December 5, 2023, to self-relocate their point-to-point
links out of the 3.7-4.2 GHz band. The Commission is also revising its
part 101 rules to specify that no applications for new point-to-point
Fixed Service operations in the 3.7-4.2 GHz band will be granted for
locations in the contiguous United States. The record in this
proceeding demonstrates the need to allocate this spectrum for flexible
use for the provision of 5G, and commenters overwhelmingly support the
Commission's proposal to sunset incumbent point-to-point Fixed Service
use in the contiguous United States. On the other hand, because the
Commission is not authorizing new flexible-use services outside of the
contiguous
[[Page 22846]]
United States at this time, the Commission finds that it would not be
in the public interest to maintain the existing freeze on new point-to-
point Fixed Service links in those areas. Therefore, the freeze on
point-to-point microwave Fixed Service applications for sites outside
of the contiguous United States will be lifted on the date of
publication of this action in the Federal Register. This decision
lifting the freeze, in part, relieves a restriction and therefore is
exempt from the effective date requirements of the Administrative
Procedure Act. Moreover, the Commission finds that there is good cause
for not delaying the partial lifting of the freeze because such a delay
would be unnecessary and contrary to the public interest because it
would not serve purposes of the freeze.
301. New equipment in other bands is readily available for point-
to-point operations and allowing new authorizations in the 4.0-4.2 GHz
band could frustrate the satellite repacking and overall repurposing of
the 3.7-3.98 GHz band for 5G in the contiguous United States. Other
bands available for assignment for fixed microwave services under part
101 include 5925-6425, 6525-6875, 6875-7125, 10,700-11,700, 17,700-
18,300, 19,300-19,700 MHz, and 21,200-23,600 MHz. This sunset provision
that the Commission adopts pursuant to its spectrum management
authority under Title III will protect the operations of incumbent
Fixed Service licensees while avoiding harmful interference to new
flexible-use licensees and facilitating the FSS transition to the upper
200 megahertz.
302. In the NPRM, the Commission also sought comment on whether to
treat those with permanent licenses differently from those with
temporary licenses. The 36 licenses for temporary fixed links in the
contiguous United States are blanket licenses to use any frequencies in
the 3.7-4.2 GHz band for temporary links within a defined geographic
area, e.g., statewide. These licenses allow carriers to meet short-term
needs for fixed links by prior coordinating specific frequencies and
locations with all affected licensees.\39\ Although these licenses have
10-year terms, a link cannot be used at a given location for more than
180 days. To be sure, these temporary licenses are different from
licenses for permanent links. The Commission finds, however, in the
context of our actions today making 280 megahertz of mid-band spectrum
available as rapidly as possible, that these distinctions do not
provide a sufficient public interest justification for treating the 36
temporary fixed licensees differently from the 51 permanent fixed
licensees in the 3.7-4.2 GHz band. While temporary fixed licensees
operate on a non-interference basis, the burden of analyzing and
responding to coordination requests from these operators and to protect
any successfully coordinated operations for up to 180 days could add
additional complexity to new flexible-use deployments and earth-station
transitions. Accordingly, these 36 licensees will have until December
5, 2023, to modify or replace their temporary fixed 3.7-4.2 GHz band
equipment with comparable equipment that operates in other bands.
Additionally, given that other bands are available for temporary fixed
operations, the Commission is revising our rules for the contiguous
United States to bar acceptance of applications for new licenses for
temporary fixed operations in the 3.7-4.2 GHz band.
---------------------------------------------------------------------------
\39\ See, e.g., Universal Licensing System, Call Sign KCA74
(authorizing temporary fixed operations statewide in two states in
three bands); Call Sign KJA75 (authorizing temporary fixed
operations statewide in nine states in over ten bands).
---------------------------------------------------------------------------
303. Relocation Reimbursement and Cost Sharing.--Incumbent
licensees of point-to-point Fixed Service links that relocate out of
the 3.7-4.2 GHz band by December 5, 2023, shall be eligible for
reimbursement of their reasonable costs based on the well-established
``comparable facilities'' standard used for the transition of microwave
links out of other bands. Similar to the Commission's approach for
earth station clearing, because fixed service relocation affects
spectrum availability on a local basis, all flexible-use licensees in a
PEA where an incumbent Fixed Service licensee self-relocated will share
in the reimbursement of these reasonable costs on a pro rata basis.
Incumbent Fixed Service licensees will be subject to the same
demonstration requirements and reimbursement administrative provisions
as those adopted above for incumbent earth station operators.
304. Estimated Relocation Costs of the FS Transition.--The
Commission finds it appropriate to provide potential bidders in our
public auction with an estimate of the relocation costs that they may
incur should they become overlay licensees. The Commission cautions
that our estimates are estimates only, and it makes clear that overlay
licensees will be responsible for the entire allowed costs of
relocation--even to the extent that those costs exceed the estimated
range of costs. The Commission further cautions that the record
contains no information on the cost estimates of clearing the 87
incumbent licensees in the band.
305. The Commission's licensing records reflect that the 51
licenses for permanent links authorize a total of 702 links (discrete
frequencies). The Commission notes that for microwave links relocated
from the 2.1 GHz Advanced Wireless Services bands, $184,991 was the
average cost per link relocation registered with the AWS Clearinghouse.
Using this average cost per link to estimate the total cost of clearing
702 links from the 3.7-4.2 GHz band, results in a cost estimate of
$129.9 million. Licensees of temporary fixed links were not entitled to
relocation reimbursement from AWS licensees so the AWS Clearinghouse
data may be less informative. The record is devoid of any cost data but
the average cost per temporary link should be 25-50% lower than for
permanent links because temporary links do not usually involve towers.
Using $138,743 (25% lower) as the average replacement cost, if each of
the 36 licensees has equipment for one temporary fixed link in the 3.7-
4.2 GHz band, this results in a cost estimate of $5.13 million and a
total cost estimate for all fixed links of approximately $135 million.
2. More Intensive Point-to-Multipoint Fixed Use
306. The Commission has decided to adopt flexible-use rules for
this band that allow operators the ability to use it for fixed or
mobile operations (or a combination thereof), and thus declines to
adopt changes to part 101 that would limit terrestrial use of any
portion the 3.7-4.2 GHz band to point-to-multipoint Fixed Service use.
307. In the NPRM, the Commission sought comment on rules that would
allow for the more intensive point-to-multipoint Fixed Service use of
the band, how permitting fixed wireless would affect the possible
future clearing of the band for flexible use and the use of the band
for satellite operations, and the impact that point-to-multipoint use
would have on the flexibility of FSS earth stations to modify their
operations in response to technical and business needs. Although some
commenters support variations of rules that would license non-
geographic, unauctioned point-to-multipoint Fixed Service use of the
3.7-4.2 GHz band, a number of commenters oppose the proposal.
Commenters emphasize that licensing point-to-multipoint Fixed Service
before or during the transition would substantially devalue the
spectrum for flexible use, increase the costs of the transition, and
undermine market-based
[[Page 22847]]
approaches to placing this spectrum to its most valued use.
308. The Commission agrees and finds that the record demonstrates
that it would be unwise to open this band to point-to-multipoint Fixed
use, as a stand-alone service, at this time. Other bands are available
for point-to-multipoint use, including licensed spectrum immediately
below 3.7 GHz. In short, permitting flexible use, fixed or mobile,
services across the entire cleared band will ensure that prospective
wireless providers have the ability to provide whichever services
(including point-to-multipoint) that consumers most demand. And
authorizing more intensive point-to-multipoint Fixed Service use of the
4.0-4.2 GHz band before the transition is over could dramatically
complicate the repacking and relocation of FSS operations and earth
station registrants.
D. Technical Rules for the 3.7-4.2 GHz Band
309. The Commission adopts technical rules for the 3.7-4.2 GHz band
spectrum. The Commission finds that the technical rules it adopts
herein will encourage efficient use of spectrum resources and promote
investment in the 3.7-3.98 GHz band while protecting incumbent users in
the band and in adjacent bands.
310. The Commission notes that Comcast recommends that the
Commission ``encourage interested stakeholders to convene a broad-based
group to develop a comprehensive framework for addressing interference
prevention, detection, mitigation, and enforcement.'' Such groups have
been successful in the past in providing the Commission with valuable
insights and useful information regarding spectrum transitions for new
uses.\40\ The Commission believes that such a multi-stakeholder group
could provide valuable insight into the complex coexistence issues in
this band and provide a forum for the industry to work cooperatively
towards efficient technical solutions to these issues. The Commission
encourages the industry to convene a group of interested stakeholders
to develop a framework for interference prevention, detection,
mitigation, and enforcement in the 3.7-4.2 GHz band. The Commission
also encourages any multi-stakeholder group that is formed to consider
best practices and procedures to address issues that may arise during
the various phases of the C-band transition and to consider coexistence
issues related to terrestrial wireless operations below 3.7 GHz. To
ensure that all viewpoints are considered, the Commission encourages
industry to include representatives of incumbent earth stations
(including MVPDs and broadcasters), incumbent space station operators,
wireless network operators, network equipment manufacturers, and
aeronautical radionavigation equipment manufacturers. The Commission
does not, however, take a position on the exact makeup or
organizational structure of any such stakeholder group.
---------------------------------------------------------------------------
\40\ For example, after the Commission created the Citizen's
Broadband Radio Service, the Wireless Innovation Forum stood up the
Spectrum Sharing Committee to serve as a common industry and
government standards body to support the development and advancement
of Citizen's Broadband Radio Service Standards. See https://cbrs.wirelessinnovation.org/about.
---------------------------------------------------------------------------
311. The Commission directs the Office of Engineering and
Technology to act as a liaison for the Commission with any such multi-
stakeholder group so formed. In particular, the Commission expects the
Office to observe the functioning of any such group and the technical
concerns aired to keep an ear to the ground, as it were, on technical
developments that come to light as the relocation process occurs. The
Commission also expects the Office to provide guidance to any such
group on the topics on which it would be most helpful for the
Commission to receive input and a sense of the time frames in which
such input would be helpful.
1. Power Levels
312. Base Station Power.--To support robust deployment of next-
generation mobile broadband services, the Commission will allow base
stations in non-rural areas to operate at power levels up to 1640 watts
per megahertz EIRP. In addition, consistent with other broadband mobile
services in nearby bands (AWS-1, AWS-3, AWS-4 and PCS), the Commission
will permit base stations in rural areas to operate with double the
non-rural power limits (3280 watts per megahertz) in rural areas. The
Commission extends the same power density limit to emissions with a
bandwidth less than one megahertz to facilitate uniform power
distribution across a licensee's authorized band regardless of whether
wideband or narrowband technologies are being deployed. This approach
also provides licensees the flexibility to optimize their system
designs to provide wide area coverage without sacrificing the
flexibility needed to address coexistence issues with FSS operations.
Further, because advanced antenna systems often have multiple radiating
elements in the same sector, the Commission clarifies that the power
limits it is adopting apply to the aggregate power of all antenna
elements in any given sector of a base station.
313. The Commission agrees with commenters and believe that,
similar to development in other bands, these base station power limits
will promote investment in the 3.7-3.98 GHz band and facilitate the
rapid and robust deployment of next generation wireless networks,
including 5G. The Commission also finds that adopting consistent power
levels with other AWS bands will allow licensees to achieve similar
coverage, creating network efficiencies between network deployments in
different spectrum bands.
314. The Commission disagrees with commenters that argue that the
base station power limits in this band should be lower to facilitate
coexistence with FSS earth stations and flexible-use operations below
the 3.7 GHz band edge. The Commission believes that the 3.7-3.98 GHz
band will be a core band for next generation wireless networks,
including 5G, and will require power levels consistent with other bands
used for wide area wireless operations to reach its full potential. The
Commission also finds that the protection mechanisms it adopts herein
will ensure that the potential for harmful interference to incumbent
FSS earth stations is minimized regardless of the base station power
levels permitted in the band. Indeed, the Commission notes that the C-
Band Alliance modified its original proposal specifically to support
base station power levels consistent with those we adopt here and has
indicated that such power levels will not inhibit the rapid
introduction of next generation wireless services to this band.
315. The Commission declines to adopt its proposal to impose a
different power level for emissions less than one megahertz wide as we
do not believe such a distinction is necessary. That is, rather than
impose an absolute power limit for narrow emissions, the Commission
adopts the same power density limits for all emissions in the band.
Verizon supports a power density rule without a separate power limit
for emissions less than one megahertz and suggests a minimum channel
bandwidth of five megahertz to ensure use of the band for broadband
applications. The Commission notes that the power rules for PCS and
AWS-1, e.g., where base stations are permitted an EIRP of 1640 Watts/
MHz for emissions greater than 1 megahertz or 1640 Watts per emissions
with a bandwidth of less than 1 MHz, were developed when mobile
services were transitioning from narrowband (GSM systems) to wideband
[[Page 22848]]
technologies (CDMA). Thus, the Commission adopted the rules to ensure
continued service to the public regardless of technology deployed.
While 4G and 5G technologies have continued the trend towards wider
channel bandwidths, certain narrowband Internet of Things (NB-IoT)
technologies use smaller bandwidths (e.g., 180 kHz). The Commission
does not believe a separate power per emission distinction is necessary
to accommodate narrowband emissions because they are often integrated
with wideband emissions as additional resource blocks as opposed to
being deployed as separate systems. Nor does the Commission believe it
should adopt a minimum emission bandwidth for the band because
licensees should be permitted to choose the best technology or a mix of
technologies to meet market demands. Moreover, the Commission is
mindful of the interference potential possible under our proposed rule
whereby a licensee could deploy up to five NB-IoT channels in one
megahertz. This situation could lead to an aggregate power of 8200
Watts/MHz in an urban area and 16400 Watts/MHz in a rural area.
Licensees still have flexibility to implement any technology in
accordance with our technical flexibility framework and can design
their networks to ensure coverage, but our rules will ensure power
parity between technologies. This approach should avoid an unlikely,
yet problematic scenario where a system stacks narrowband high-powered
emissions to meet coverage goals while also potentially interfering
with adjacent channel operations. Thus, the Commission set a uniform
power density distribution across the full 3.7-3.98 GHz band regardless
of channel bandwidth.
316. The Commission also declines to adopt a maximum power limit of
75 dBm EIRP, summed over all antenna elements. While the Commission
sought comment on this limit in the NPRM, it received little support on
the record and several parties claimed that such a limit could hinder
network deployments. The Commission agrees and finds that an upper
limit could hinder flexibility to deploy wider bandwidth technologies
without any corresponding benefit, as 3.7-3.98 GHz band licensees will
design their systems to protect earth station locations around their
deployments.
317. Mobile Power.--The Commission adopts a 1 Watt (30 dBm) EIRP
power limit for mobile devices, as proposed in the NPRM. The Commission
finds that this mobile power limit will provide adequate power for
robust mobile service deployment. Additionally, this limit will permit
operation of mobile power classes as outlined in the 5G standards.\41\
The Commission note that most commenters support the proposed 1 Watt
EIRP mobile power limit as adequate for 5G operations and as being
consistent with industry standards.\42\
---------------------------------------------------------------------------
\41\ See 3GPP 38.101-1 NR; User Equipment (UE) radio
transmission and reception; Part 1: Range 1 Standalone (Release 15).
\42\ See 3GPP TS 38.101-3 version 15.2.0 Release 15 at 80 (UE
Power class (PC) For FR1: Power class 3: 23 dBm and Power class 2:
26 dBm). AT&T Reply at 18; Ericsson Comments at 20; Nokia Comments
at 12.
---------------------------------------------------------------------------
318. While a few commenters suggest allowing higher power limits,
the Commission does not find the record supports a specific need for
higher power at this time. Mobile devices typically operate at levels
below 1 Watt to preserve battery life, meet human exposure limits, and
meet power control requirements.
319. Similarly, the Commission disagrees with commenters that
suggest lower mobile power limits consistent with those in the 3.5 GHz
band. The Citizens Broadband Radio Service, which is based on lower
power, narrower channels and a dynamic spectrum sharing framework, is
fundamentally different than the service we are permitting in the 3.7-
3.98 GHz band. Thus, the limits adopted there are not appropriate for
this band. Licensees are expected to deploy much wider channel
bandwidths and will operate in exclusively licensed spectrum. The
mobile power limit the Commission adopts is intended to provide
consistency between mobile 5G deployments in the 3.7-3.98 GHz band and
comparable macro cell deployment in the PCS, AWS, and similar bands.
2. Out-of-Band Emissions
320. Base Station Out-of-Band Emissions.--The Commission adopts
base station out-of-band emission (OOBE) requirements based on our
proposed limits, which are similar to other AWS services. Specifically,
base stations will be required to suppress their emissions beyond the
edge of their authorization to a conducted power level of -13 dBm/MHz.
321. This limit is supported by several commenters because it
avoids unnecessary constraints on flexible-use equipment in areas far
from FSS earth stations and is compatible with the rules governing
other mobile broadband services. The Commission adopts a conducted
limit of -13 dBm/MHz because it is consistent with the emission limits
the Commission has established for other mobile broadband services and
the emission limits established for 5G technologies by standards
bodies, and the Commission finds that this limit has been widely
accepted as being adequate for reducing unwanted emissions into
adjacent bands. The C-Band Alliance supports the OOBE limits contained
in the 3GPP standard for band n77. Here the Commission establishes a
fixed emission mask that fits within the 3GPP specifications and is
less complicated. Further, the Commission is not adopting a suggestion
to relax the limits in the first 10 megahertz outside of a licensee's
authorized band because there is insufficient debate in the record on
the impact of such a relaxation to adjacent channel operations and we
believe manufacturers and licensees are familiar with our standard -13
dBm/MHz limit and have tools to ensure they meet this limit.
322. While some commenters support emission suppression to levels
lower than what the Commission adopts, these more stringent emission
limits would likely hinder the full potential of 5G deployment in this
band. Because out-of-band emissions generally continue to decrease with
spectral separation and manufacturers typically are able to filter
those emissions to levels lower than what either our adopted limits or
the 3GPP emission masks require,\43\ the Commission does not believe it
is necessary to specify additional levels of suppression further
outside the band.
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\43\ 3GPP Standard TS 38.104, version 16.1.0, clause 6.6.4.2.1
for Category A base stations.
---------------------------------------------------------------------------
323. For base station OOBE, the Commission applies the part 27
measurement procedures and resolution bandwidth that are used for AWS
devices outlined in Sec. 27.53(h). Specifically, a resolution
bandwidth of 1 megahertz or greater will be used; except in the 1
megahertz bands immediately outside and adjacent to the licensee's
frequency block where a resolution bandwidth of at least 1% of the
emission bandwidth may be employed. These procedures have been
successfully used to prevent harmful interference from similar services
operating in nearby bands. Thus, the Commission concludes that there is
no demonstrated reason to change them for the 3.7-3.98 GHz band.
324. Mobile Out-of-Band Emissions.--As with base station out-of-
band emission limits, we adopt mobile emission limits similar to our
standard emission limits that apply to other mobile broadband services.
Specifically, mobile units must suppress the conducted emissions to no
more than -13 dBm/MHz outside their authorized frequency band.
[[Page 22849]]
325. This limit is widely supported by the comments. The Commission
notes that those emission masks vary by channel bandwidth. The
Commission agrees that requiring limits more stringent than the 3GPP
requirements ``could prevent user equipment that operates on wide
channel bandwidths from being certified for use in the United States.''
The Commission adopted a relaxation of the emission limit within the
first five megahertz of the channel edge by varying the resolution
bandwidth used when measuring the emission. For emissions within 1
megahertz from the channel edge, the minimum resolution bandwidth will
be either one percent of the emission bandwidth of the fundamental
emission of the transmitter or 350 kilohertz. In the bands between one
and five megahertz removed from the licensee's authorized frequency
block, the minimum resolution bandwidth will be 500 kilohertz. The
adopted relaxation will not affect the interference to FSS above 4.0
GHz. The adopted relaxation will be entirely contained within the 20
megahertz guard band. The effect on Citizens Broadband Radio Service
operations below 3.7 GHz should be minimal. This limit will ensure new
3.7 GHz Service operators have a robust equipment market in which
mobile devices can be designed to operate across the variety of
spectrum bands currently available for mobile broadband services. The
Commission finds that this limit has been widely accepted as being
adequate for reducing unwanted emissions into adjacent bands.
326. The Commission notes that the C-Band Alliance proposed a more
stringent mobile equipment emission mask, but later supported emission
masks developed by standards bodies suitable for 5G devices. As with
the requirements for base stations, the Commission's approach will
provide equipment developers and adjacent channel licensees certainty
as compared to the 3GPP 5G OOBE specifications, which vary with
bandwidth. The limit largely falls within the 3GPP mask and does not
preclude higher levels of suppression should they be needed.
327. The Commission notes that, like the AWS requirements, the
Commission is adopting provisions that permit licensees in the 3.7-3.98
GHz band to implement private agreements with adjacent block licensees
to exceed the adopted OOBE limits. Finally, similar to other part 27
services, the Commission applies Sec. 27.53(i), which states that the
FCC may, in its discretion, require greater attenuation than specified
in the rules if an emission outside of the authorized bandwidth causes
harmful interference.
3. Antenna Height Limits
328. The Commission adopts its proposal not to restrict antenna
heights for 3.7-3.98 GHz band operations beyond any requirements
necessary to ensure physical obstructions do not impact air navigation
safety. This is consistent with part 27 AWS rules, which generally do
not impose antenna height limits on antenna structures.
329. Commenters generally support adopting 3.7-3.98 GHz band rules
similar to existing part 27 rules to promote consistency.
330. Rather than using antenna height limits to reduce interference
between mobile service licensees, as has been done in the past, the
Commission more recently has used service boundary limits to provide
licensees more flexibility to design their systems while still ensuring
harmful interference protection between systems. As this has proven
successful in other services, the Commission adopts that same approach
in the 3.7-3.98 GHz band. Further, the Commission believes such limits
would have limited practical effect because it expects that licensees
generally will deploy systems predicated on lower tower heights and
increased cell density achieving maximum 5G data throughput to as many
consumers as possible. In rural areas where higher antennas may be used
to provide longer range to serve sparse populations, the Commission
believes that the service area boundary limits it is adopting will
ensure that adjacent area licensees are protected from harmful
interference.
4. Service Area Boundary Limit
331. The Commission adopts the -76 dBm/m\2\/MHz power flux density
(PFD) limit at a height of 1.5 meters above ground at the border of the
licensees' service area boundaries as proposed in the NPRM and also
permits licensees operating in adjacent geographic areas to voluntarily
agree to higher levels at their common boundaries.
332. The commenters that specifically address the service area
boundary limit support the -76 dBm/m\2\/MHz PFD limit. The Commission
also notes that this metric is straightforward to calculate or measure
and also scales with channel bandwidth to provide licensees flexibility
for demonstrating compliance.
5. International Boundary Requirements
333. The Commission adopts its proposal to apply Sec. 27.57(c) of
its rules to this band, which requires all part 27 operations to comply
with international agreements for operations near the Mexican and
Canadian borders. This requirement is consistent with all other part 27
services. Under this provision, licensee operations must not cause
harmful interference across the border, consistent with the terms of
the agreements currently in force. The Commission notes that
modification of the existing rules might be necessary in order to
comply with any future agreements with Canada and Mexico regarding the
use of these bands.
6. Other Part 27 Rules
334. As proposed in the NPRM, the Commission adopts several
additional technical rules applicable to all part 27 services,
including Sec. Sec. 27.51 (Equipment authorization), 27.52 (RF
safety), 27.54 (Frequency stability), and part 1, subpart BB, of the
Commission's rules (Disturbance of AM Broadcast Station Antenna
Patterns) for operations in the 3.7-3.98 GHz band. As operations in the
3.7-3.98 GHz band will be a part 27 service, the Commission finds these
rules implement important safeguards for all wireless services to
ensure that devices meet RF safety limits and that the potential for
causing harmful interference to other operations is minimized. Further,
few commenters address these issues other than supporting uniformity of
3.7-3.98 GHz band regulations with other part 27 services that will
operate in nearby bands.
335. As the Commission has done for other part 27 services since
2014, the Commission also require client devices to be capable of
operating across the entire 3.7-3.98 GHz band. Specifically, the
Commission adds the 3.7-3.98 GHz band to Section 27.75, which requires
mobile and portable stations operating in the 600 MHz band and certain
AWS-3 bands to be capable of operating across the relevant band using
the same air interfaces that the equipment uses on any frequency in the
band. This requirement does not require licensees to use any particular
industry standard. The Commission agrees that cross band operability is
important to ensure a robust equipment market for all licensees.
7. Protection of Incumbent FSS Earth Stations
336. The record reflects widely varying views on how to protect
incumbent operations and whether such protections should be negotiated
or mandated by rule. The Commission adopts here specific criteria for
the protection of the incumbent FSS earth stations but acknowledge the
possibility
[[Page 22850]]
of private negotiations that depart from these limits.
337. The Commission will require a PFD limit of -124 dBW/m\2\/MHz
as measured at the earth station antenna. This PFD limit applies to all
emissions within the earth station's authorized band of operation, 4.0-
4.2 GHz. In the event of early clearing of the lower 100 megahertz
(Phase 1 of the transition), the limit will apply to all emissions
within the 3.82-4.2 GHz band. The Commission also requires a PFD limit
of -16 dBW/m\2\/MHz applied across the 3.7-3.98 GHz band at the earth
station antenna as a means to prevent receiver blocking. This blocking
limit applies to all emissions within the 3.7 GHz Service licensee's
authorized band of operation.
a. Protection From Out of Band Emissions
338. The Commission adopts a PFD limit to protect registered FSS
earth stations from out of band emissions from 3.7 GHz Service
operations. For base and mobile stations operating in the 3.7-3.98 GHz
band, the Commission adopts a PFD limit of -124 dBW/m\2\/MHz, as
measured at the antenna of registered FSS earth stations. 3.7 GHz
Service licensees will be obligated to ensure that the PFD limit at FSS
earth stations is not exceeded by base and mobile station emissions,
which may require them to limit mobile operations when in the vicinity
of an earth station receiver.
339. The record contains a range of proposals on how FSS earth
stations should be protected. Notably, the C-Band Alliance proposes a
formula to calculate the expected received aggregate PSD at each FSS
earth station receiver. The C-Band Alliance's proposed approach would
require terrestrial licensees to consider the aggregate effect of all
mobile and base station operations within 40 km of each earth station
over a defined span of look angles for the earth station and a defined
reference antenna. Several commenters argue that the C-Band Alliance's
proposal is overly protective and would hinder 5G deployment. AT&T
recommends adopting a PFD limit of -124 dBW/m\2\/MHz for 5G operations
in the 50 megahertz immediately below the FSS band edge. The Commission
agrees with this PFD value, but rather than apply it to stations only
in a specific 50 megahertz as suggested by AT&T, it will apply that
limit to all wireless operations in the 3.7-3.98 GHz band to ensure
that earth stations are adequately protected.
340. The Commission finds that requiring compliance with a PFD
limit is relatively simple and less burdensome on FSS earth station
operators and 3.7 GHz Service licensees to implement than a PSD limit.
Using PFD avoids the complexity of registering complex antenna gain
patterns for more than twenty thousand earth stations, and it avoids
multiple angular calculations that would be necessary to predict PSD
within each satellite receiver. The PFD limit the Commission is
adopting is based on a reference FSS antenna gain of 0 dBi,
interference-to-noise (I/N) protection threshold of -6 dB, a 142.8K FSS
earth station receiver noise temperature, and results in a calculated
PFD of -120 dBW/m\2\/MHz.\44\ To account for aggregate interference
effects, which the Commission expects will be dominated by a single
interferer, we adjust our calculated value by -4 dB (i.e., assuming the
dominant interferer is 40% of the aggregate power). This results in -
120 dBW/m\2\/MHz -4 dB = -124 dBW/m\2\/MHz as the PFD limit to protect
earth stations from out-of-band emissions. The Commission finds that
using these parameters to calculate a PFD limit is reasonable and will
adequately protect FSS earth station receivers from out-of-band
emissions from fixed and mobile operations in the 3.7-3.98 GHz band.
---------------------------------------------------------------------------
\44\ PFD (dBW/m\2\/MHz) = 10*log[(kT)*(4[pi]/[lgr]\2\)*(I/
N)*(10-6 MHz/Hz)] = (-228.6 dBW/Hz) + 10*log(142.8) +
33.5 dB/m\2\-6 dB (I/N) + 60 dB-Hz/MHz = -120 dBW/m\2\/MHz.
---------------------------------------------------------------------------
341. The C-Band Alliance offered a method of estimating the effect
of the aggregate power of all base stations within a certain distance
of an FSS earth station. It provides a formula that considers the
impact of aggregate power from all base stations and mobile devices
from one licensee for operations within 40 km of an earth station, and
if there are more than one licensee within 40 km it essentially divides
allotted power by the number of licensees that operate in the subject
area. This approach has challenges in that the number and location of
mobile operations may be constantly changing, making it difficult to
predict the aggregate power for all such stations. Thus, the C-Band
Alliance approach assumes all relevant stations have equal potential to
cause interference to an earth station. AT&T argues that the C-Band
Alliance's aggregate power proposal is flawed, overly complex and does
not account for the fact that a single dominant interferer drives the
interference power received, not aggregate interference. The Commission
agrees that the base stations closest to any earth station will have a
larger potential for causing harmful interference than stations further
away. The Commission declines to adopt the C-Band Alliance proposed
methodology. The Commission finds that the methodology is excessively
burdensome for FSS operators and terrestrial licensees, and it involves
complex calculations that are unnecessary to reasonably limit the
service impact of potential interference. Moreover, the PFD limit the
Commission is adopting accounts for the potential of aggregate
interference and will protect FSS earth stations from harmful
interference.
342. The C-Band Alliance proposes that earth station protection be
applied to all locations within one arc second (i.e., about 30 meters
depending on location) to provide a buffer around stations. The
Commission declines to establish a buffered protection area for earth
stations. The Commission observes that the angular variation over a 30
meter radius protection area is less than 1.7 degrees at distances
greater than 1 km, and the path loss variation over a 30 meter radius
protection area at distances greater than 1 km is less than 1 dB.\45\
The Commission finds that protecting an area of a certain radius
instead of an actual deployment could hinder deployment closer to earth
stations because it could minimize the effect of terrain or shielding.
---------------------------------------------------------------------------
\45\ 35*log10(1,030/970) = 0.91 dB.
---------------------------------------------------------------------------
b. Protection From Receiver Blocking
343. The Commission will require base stations and mobiles to meet
a PFD limit of -16 dBW/m\2\/MHz, as measured at the earth station
antenna for all registered FSS earth stations. This blocking limit
applies to all emissions within the 3.7 GHz Service licensee's
authorized band of operation.
344. It is possible that emissions operating at high power, even
one relatively removed in frequency, may overload a receiver in an
adjacent band, also known as receiver blocking. Such blocking effects
can be mitigated with filters designed to protect FSS earth stations
from receiving energy intended for adjacent channels. Ericsson noted
that the NTIA recommended the RF front-end preselection filters be
included in new C-band earth station installation to preclude receiver
front-end overload. The C-Band Alliance proposed an FSS blocking
protection mechanism based on an aggregate power spectrum density
(APSD) protection threshold that must be met by all terrestrial
operators within 40 km of each earth station. The APSD is a function of
the total amount of C-band spectrum, in megahertz, cleared for
flexible-use licensees and the number of
[[Page 22851]]
distinct licensees using the same frequency block within a 40 km radius
of an earth station. The C-Band Alliance also proposed to install
filters on all protected earth stations to reduce their susceptibility
to blocking. After a series of refinements and testing of several
prototype filters, the C-Band Alliance proposed the following
definition of the FSS earth station filter mask:
------------------------------------------------------------------------
Frequency range Attenuation
------------------------------------------------------------------------
From 3.7 GHz to 100 megahertz below FSS band edge....... -70 dB.
From 100 megahertz below lower FSS band edge to 20 -60 dB.
megahertz below lower FSS band edge....................
From 20 megahertz below lower FSS band edge to 15 -30 dB.
megahertz below lower FSS band edge....................
From 15 megahertz below lower FSS band edge to lower FSS 0 dB.
band edge..............................................
------------------------------------------------------------------------
345. The transition of the 3.7-3.98 GHz band to flexible use may be
conducted in phases, with an accelerated clearing of the lower 100
megahertz of the band. Some earth stations may need to have two
different filters installed over the course of the transition. The
filter mask above is defined relative to the lower band edge of the FSS
and is applicable to both phases of the accelerated clearing plan. In
Phase I, the FSS lower band edge is defined to be 3.82 GHz while in
Phase II the FSS lower band edge is defined to be 4.0 GHz.
346. The Commission acknowledges that there can be variation in
filter performance. However, when properly designed and installed,
filters can have significant impact in reducing interference to FSS
earth stations. While the Commission agrees with Verizon that C-band
filter mask technology may be subject to further improvement, the
Commission believes that failure to develop a baseline minimum
specification can and will delay deployment of 5G networks in this
band.
347. The Commission adopts a PFD limit to protect FSS earth
stations from receiver blocking, relying on C-Band Alliance's filter
specification for suppression of signals from the 3.7-3.98 GHz band.
PFD is easily modeled at the design phase of a deployment, facilitates
independent verification and testing by 3.7 GHz Service licensees and
will greatly reduce the amount of coordination and the burden on all
relevant parties. The Commission declines to adopt C-Band Alliance's
suggested PSD limit for the same reasons described above in determining
the PFD limit for out of band emissions. Most importantly, a PSD limit
would require the use of detailed antenna pattern data for each
individual earth station antenna and a multitude of angular
computations for each base station. This level of complexity is an
unnecessary burden and is not needed to provide adequate protection for
earth stations.
348. C-Band Alliance states that through testing and analysis they
have determined that the earth station receiver will encounter
insignificant degradation if the aggregate power level across its
entire operational frequency range is lower than -59 dBm at the input
of the low-noise block downconverter (LNB). In determining the PFD
blocking limit, the Commission uses the -59 dBm saturation limit
suggested by the C-Band Alliance which includes an aggregate power
factor, the filter's total rejection, the bandwidth of flexible-use
service, and a 0 dBi FSS antenna gain. The Commission believes the use
of 0 dBi FSS antenna gain is a valid assumption that helps simplify
compliance and, for virtually all earth stations of record, provides
greater than necessary protection. For the filter mask described above,
the Commission has determined the total rejection to be 60.85 dB, for
an accelerated Phase I where 3.7 GHz Service use will only operate in
the 3.7-3.8 GHz frequency range. In the later Phase II band, the
Commission has determined the total rejection to be somewhat greater at
64.46 dB over the full 3.7-4.0 GHz frequency range.\46\ Based on these
parameters, we adopt a PFD blocking limit of -16 dBW/m\2\/MHz for both
Phase I and Phase II. This PFD applies at the earth station antenna and
over the authorized band of operation of the 3.7 GHz Service licensee.
The Commission declines to adopt Intelsat's request to set the PFD
blocking limit to -30 dBW/m2/MHz, which incorrectly asserts that
aggregation was not included in the calculation of the value. The
Commission anticipates all stakeholders will work with manufacturers to
obtain filters that have better performance characteristics than the
baseline minimum specification if they are available. In the event of a
claim of harmful interference, the earth station operator must
demonstrate that they have installed a filter that complies with the
mask described above. If they have not installed such a filter or are
unable to make such a demonstration, and the 3.7 GHz Service licensee
can confirm it meets the blocking PFD, the earth station operator will
have to accept the interference.
---------------------------------------------------------------------------
\46\ The OOBE limit for base stations in the guard band is -13
dBm/MHz.
---------------------------------------------------------------------------
c. Full Band/Full Arc Protections
349. Once the transition is complete, all FSS earth stations will
operate above 4.0 GHz, so the Commission will continue to allow full
band/full arc use of that band. The Commission sought comment in the
NPRM on revising the full band/full arc policy for the C-band and
several commenters addressed this matter. For example, the C-Band
Alliance proposed limiting the orbital arc of satellites that may serve
earth stations in the contiguous United States to 87[deg] W.L. and
139[deg] W.L. The Commission recognizes, however, that the proposal
excludes satellites of competing operators that operate outside that
arc. While the Commission finds merit in knowing the actual spectrum
uses and orientation of earth stations for protection purposes, the
Commission finds these merits are outweighed by the need to provide
flexibility to earth stations that will be transitioned to operate
above 4.0 GHz. Accordingly, the Commission will maintain the existing
policy regarding full band/full arc for earth stations above 4.0 GHz.
8. Protection of TT&C Earth Stations
350. The Commission establishes a protection mechanism to allow
continued use of the 3.7-4.0 GHz band by space station licensees
operating TT&C links until these operations can be moved to other
bands. The Commission notes that, for some satellites, TT&C links
cannot be moved to other transponders within the satellite, but the
earth station location for those TT&C links can be moved. Accordingly,
until a replacement satellite can be launched, certain TT&C links will
need to continue to operate on a co-channel basis with terrestrial 3.7
GHz Service spectrum.
a. Identification of TT&C Earth Stations To Be Protected and Operations
at Protected Sites
351. According to the record, there are 14 unique locations in the
contiguous United States where earth stations are currently providing
TT&C functions in the C-band. Due to the potential to hinder 3.7 GHz
Service deployment around these locations, the C-Band Alliance
indicated that these operations could be consolidated into four
locations. Specifically, they identified Brewster, WA and Hawley, PA as
two locations where consolidated TT&C could be located. C-Band Alliance
noted
[[Page 22852]]
``[t]he key selection criteria are that any site: (1) Must be located
at a sufficient distance from a major urban area or have a terrain
profile such that the propagation losses between urban area and the
TT&C/Gateway location will be large enough to attenuate Flexible Use
base station transmissions to a level that will not unduly impair the
Flexible Use licensee's operation in that urban area; (2) must be
geographically diverse from the other TT&C/Gateway sites; (3) requires
nearby access to major telecommunications points-of-presence; (4)
requires some existing FSS infrastructure in place that can be improved
upon for new or additional TT&C/Gateway infrastructure; (5) requires
unhindered visibility to the geostationary satellite arc to elevation
angles as low as 5 degrees; (6) must have sufficient land available to
accommodate up to 20 very large (i.e., up to 13m) transmit/receive
antennas; (7) must be in an area unaffected by nearby aeronautical
traffic; and (8) must be able to be built out (e.g., building permits,
zoning requirements) within a 36-month time frame.'' The space station
operators must identify the four consolidated TT&C locations as soon as
feasible, but not later than the submission of the Transition Plan.\47\
Should the incumbent space station operators fail to come to consensus,
the Commission expects that SES would identify two locations and
Intelsat would identify the other two locations. The Commission's
Wireless Telecommunications Bureau will assess the proposed locations,
including consideration of the criteria proposed by C-band Alliance,
and make a determination as to the reasonableness of the sites. The
Wireless Telecommunications Bureau will consider the size of the
population that would be affected as well as other factors in their
assessment and may require alternative locations if the proposed sites
are deemed deficient. Identification of the locations must also include
all the technical parameters necessary to assess coexistence such as
frequency, authorized bandwidth and specific look angles to existing
satellites.
---------------------------------------------------------------------------
\47\ X2nSat requests that the Commission designate the TT&C site
located in Las Cruces, New Mexico as one of the four protected TT&C
sites. X2nSat Feb. 13, 2020 Ex Parte at 1. We decline the invitation
because X2nSat's arguments do not address the key criteria we expect
the space station operators will use to make their selections.
---------------------------------------------------------------------------
352. To facilitate protection of TT&C links while also
transitioning them out of the 3.7 GHz Service band, the Commission will
not authorize any new TT&C earth station links in the 3.7 GHz Service
band within the contiguous United States unless it is to consolidate
existing TT&C links into the selected locations for temporary
operation. That is, the Commission will allow until December 5, 2021 to
consolidate TT&C links to four protected locations. The Commission may
allow existing TT&C operations to continue in their current location
beyond the December 5, 2021 deadline either through a waiver request
upon a sufficient showing to the International Bureau or through
negotiated agreements with affected 3.7 GHz Service licensees. During
the transition period prior to December 5, 2021, the space station
operators will work to consolidate TT&C sites to four locations and
ensure operations are adequately protected through coordination. After
that date, operations that are not relocated may continue on an
unprotected basis.
353. Further, until December 5, 2030, the Commission will allow
protected operation of TT&C operations in the 3.7-4.0 GHz band at the
consolidated locations. This should allow sufficient time for
replacement satellites to be launched and satisfy the lifespan of
existing satellites. After this transition period, these TT&C links may
continue to operate on an unprotected basis until the satellites they
are communicating with cease operation. The Commission will also allow
negotiated agreements for longer operation where relevant parties
should be able to arrange operating parameters to coexist to allow
early entry by 3.7 GHz Service operations or extended operations by
TT&C earth stations.
354. Further, the Commission will allow private negotiation of TT&C
sites as well. Given the limited number of TT&C sites, the Commission
believes private negotiations between the TT&C station operators and
3.7 GHz Service licensees may permit early entry of 3.7 GHz Service
operations or may prolong TT&C operations in instances where these
operations are designed to coexist. Alternatively, TT&C operations
could negotiate to relocate to another country that is maintaining C-
band FSS or a remote shielded location in the United States that is not
heavily populated.
355. Lockheed Martin provides Launch and Early Operations Phase
(LEOP) missions for new satellites. They state that the earth station,
located in Carpentersville, NJ, has a unique topography that ``ensures
that interference from the facility is highly unlikely and has
historically resulted in no known interference from Lockheed Martin's
operations to other users of the band.'' They requested that these LEOP
operations be allowed to continue through use of the Commission's
Special Temporary Authority (``STA'') licensing mechanism. The
Commission agrees that such operations may seek authorization through
the STA process.
356. The Commission also finds that earth stations located at TT&C
sites may continue to be used--on an unprotected basis--for
international gateway and other operations in the 3.7-4.0 GHz band.
According to the C-band Alliance, these sites are critical ingestion
points for a variety of customer services, including foreign language
programming uplinked outside of the U.S, that require the use of the
full 3.7-4.2 GHz band. SES contends that operations at these locations
should be permitted to continue in the 3.7-4.0 GHz band on a protected
basis. Intelsat argues that the Commission should permit FSS operations
at designated TT&C sites on a secondary basis.
357. The Commission agrees with NAB and find that it is in the
public interest to allow earth stations located at the four designated
TT&C sites to continue to use the 3.7-4.0 GHz band for international
gateway, and other purposes, on an unprotected basis during the TT&C
transition period. Such uses will not cause harmful interference to
terrestrial deployments in the band and will not be protected from
harmful interference. As such, permitting these operations will not
affect future deployments by flexible use licensees or delay the
transition of the band. Extending interference protection to these
operations, as requested by SES and C-band Alliance, could effectively
preclude terrestrial operations across a wide geographic area near each
TT&C facility across the entire 3.7-4.0 GHz band. This outcome would be
inconsistent with the Commission's goals for this proceeding and the
transition plan detailed herein.
358. The Commission declines to adopt Disney and Eutelsat's
requests to allow secondary or unprotected FSS operations in the 3.7-
4.0 GHz band nationwide. Expanding FSS access to the 3.7-4.0 GHz band
during the transition period--even on an unprotected basis--could
introduce uncertainty into the transition process and raise doubts
about the availability of the band for new flexible use services. Such
uses also create a perverse incentive for space station operators and
earth station operators not to complete their transition work on
schedule--leading to potential harmful interference or delays in making
the spectrum available for next-generation services like 5G. In
contrast, the Commission agrees with NAB that these operations should
be permitted to continue in the 3.7-4.0 GHz band on an
[[Page 22853]]
unprotected basis at designated TT&C sites during the 10-year TT&C
transition period, or longer if agreements can be negotiated with
terrestrial wireless operators. If all of the overlay licensees in the
relevant PEA(s) agree that extending the use of any or all of these
four TT&C sites for FSS operations is the highest and best use of the
spectrum in the area, the Commission finds no public policy
justification to intervene in such a voluntary transaction and second-
guess the market.
b. Co-Channel Protection Criteria
359. TT&C earth stations perform a critical function in maintaining
space station operations. While these operations need adequate
protection, their operations will have a direct impact on the ability
of mobile broadband services to operate on the same spectrum. The
Commission adopted a single out-of-band emissions PFD level for
protecting FSS earth stations above 4.0 GHz due to the large number of
earth stations and the fact that many earth station operators lack
sufficient technical skills to perform engineering analysis of
potential interference sources. The PFD limit that the Commission
adopted for earth stations necessarily relied on assumptions of some
parameters such as noise temperature and elevation angle. TT&C
operations have a wider range of variability in some of these key
parameters and previous assumptions may no longer be sufficient. Given
that there are few TT&C locations to be protected, it is possible to do
more detailed analysis specific to each site's particular parameters.
The Commission finds that a protection criteria of I/N = -6 dB is
appropriate for TT&C links, as we did for the FSS earth stations
described above. The 3.7 GHz Service licensee must ensure that the
aggregated power from its operations will meet an I/N of -6 dB as
received by the TT&C earth station. The Commission will require 3.7 GHz
Service licensees to coordinate their operations within 70 km of TT&C
earth stations that continue to operate in the 3.7-3.98 GHz band.
360. The Commission's decision to coordinate actual parameters for
TT&C deployments is supported by many factors in the record. For
example, a significant factor in the distance over which coordination
is needed is the elevation angle in which the earth station is pointed.
Several commenters pushed for limiting protections based upon a minimum
elevation angle in order to reduce the distance from the earth station
in which 3.7 GHz Service operations must coordinate. The Commission
agrees that TT&C links are highly unlikely to conduct normal operations
at such low elevation angles because control signals need a much higher
degree of reliability than other traffic.\48\ But if a low elevation
angle is unavoidable, an operator may be able to use technical
solutions to achieve the necessary reliability. It is understood that
low elevation angles may be needed during infrequent events such as the
loss of a satellite.
---------------------------------------------------------------------------
\48\ See, e.g., Recommendation ITU-R S.1716, Performance and
availability objectives for fixed-satellite service telemetry,
tracking and command systems, at 1 (TT&C carriers need higher
performance reliability objectives than normal traffic carriers)
(2005), https://www.itu.int/rec/R-REC-S.1716.
---------------------------------------------------------------------------
361. Further, because there are fewer TT&C earth stations, and they
are run by highly qualified technical staff, a coordination process
that takes into account terrain, shielding, polarization and other
technical parameters will result in adequate earth station protection
and permit terrestrial use at a closer distance. The space station
operators who manage TT&C links are sophisticated users with internal
engineering resources. Reliance on the Commission's typical prior
coordination process would be the simplest and most thorough approach.
3.7 GHz Service licensees are expected to take all practical steps
necessary to minimize the risk of harmful interference to TT&C
operations. Licensees will cooperate in good faith and make reasonable
efforts to anticipate and resolve technical problems that may inhibit
effective and efficient use of the spectrum. Licensees of stations
suffering or causing harmful interference are expected to cooperate and
resolve the problem by mutually satisfactory arrangements. If the
licensees are unable to do so, the Commission may impose restrictions
including specifying the transmitter power, antenna height, or area or
hours of operation of the stations concerned. Any 3.7 GHz Service
licensee with base stations located within the appropriate coordination
distance is required to provide upon request an engineering analysis to
the TT&C operator to demonstrate their ability to comply with the -6 dB
I/N criteria. Both parties are expected to negotiate in good faith. If
a dispute arises, either party can bring the issue to the FCC. Further,
the Commission is only providing protection for TT&C operations. Other
services or content that are capable of moving to different
transponders must be moved above 4.0 GHz or other FSS bands unless
parties negotiate other arrangements.
362. To minimize the impact of this coordination requirement, the
Commission advises that the protection criteria will be applied only
for the frequencies, bandwidths and look angles that will be in use at
each TT&C site, not full band or full arc. For its purposes here, the
Commission defines co-channel operations as when any of the 3.7 GHz
Service licensee's authorized frequencies are separated from the center
frequency of the TT&C earth station by less than 150% of the maximum
emission bandwidth in use by the TT&C operation. They must continue to
be protected over the bandwidth that they use. While this definition
affords co-channel protection over more bandwidth than is in use, it is
reasonable to allow for graduated receiver selectivity outside of the
desired channel. The record is clear that the actual parameters of
earth stations make a significant difference in the coordination
process and the Commission does not feel it is justified to preclude
3.7 GHz Service operations by coordinating frequencies or look angles
that are not being used. Unlike the typical conventional FSS earth
station operator, TT&C earth station operators are aware of the precise
engineering antenna patterns, look angles, noise temperature, and other
specifications that allow a detailed coordination process to
efficiently protect TT&C functions and allow 3.7 GHz Service operations
at a safe distance, which can provide better margin for their robust
operations.
363. The Commission agrees with commenters asserting that a 150 km
coordination distance is overly conservative and instead, the
Commission sets a co-channel coordination distance of 70 km for all
TT&C operations. First, the Commission notes that it is allowing
coordination based on the parameters of the TT&C's actual operations
and finds it highly unlikely that the relevant TT&C locations will be
pointed at the horizon presenting a burdensome coordination process
with multiple terrestrial licensees for a scenario that is highly
unlikely. Further, a 150 km coordination would complicate 3.7 GHz
Service deployment for several licensees, many of whom would have an
unlikely chance of having any impact on TT&C operations, especially due
to their consolidation to areas with terrain shielding and other
protective factors. Further, should any interference to a protected
TT&C location occur, we require parties to act in good faith to resolve
the interference.
c. Adjacent Channel Protection Criteria
364. To protect TT&C earth stations from adjacent channel
interference due
[[Page 22854]]
to out-of-band emissions, the Commission set the same interference
protection criteria of -6 dB I/N ratio. This limit will apply to all
emissions removed from the TT&C's center frequency by more than 150% of
the TT&C's necessary emission bandwidth. Prior coordination is not
required for adjacent channel licenses. Both 3.7 GHz Service licensees
and TT&C earth station operators are expected to cooperate in good
faith and make reasonable efforts to anticipate and resolve technical
problems that may inhibit effective and efficient use of the spectrum.
The TT&C operators should make available pertinent technical
information about their systems upon request by the 3.7 GHz Service
licensees. Licensees of stations suffering or causing harmful
interference are expected to cooperate and resolve the problem by
mutually satisfactory arrangements.
365. To provide protection from potential receiver overload, the
Commission will require base stations and mobiles to meet a PFD limit
of -16 dBW/m\2\/MHz, as measured at the TT&C earth station antenna.
This blocking limit applies to all emissions within the 3.7 GHz Service
licensee's authorized band of operation. This is the same limit that is
applied to other earth stations as described above and for the same
reasons. All TT&C earth stations will be protected based on the
assumption that robust filters have been installed at the facilities,
like other FSS earth stations. Because the bandwidth of the TT&C
emission can vary, this filter will have to be custom fit for each
earth station. The quality should be just as robust, providing a
minimum of 60 dB of rejection. The frequency at which the TT&C filter
must meet this 60 dB of rejection will vary with the bandwidth. The
Commission expects that the filter should meet 60 dB of rejection for
all frequencies removed from the TT&C's center frequency by more than
150% of the TT&C's emission bandwidth, both above and below the TT&C
channel. Further, the filter should provide 70 dB of rejection for all
frequencies removed from the TT&C's center frequency by more than 250%
of the TT&C's emission bandwidth, both above and below. Intelsat now
claims that the protected bandwidth on both sides of the TT&C's
telemetry signal must be at least 25 megahertz. But given that TT&Cs
typically use a channel bandwidth of 400 to 800 kilohertz, the
Commission finds this claim to be excessive. In the event of a claim of
harmful interference, the earth station operator must demonstrate that
they have installed a filter that complies with the mask described
above. If they have not installed such a filter or are unable to make
such a demonstration, and the 3.7 GHz Service licensee can confirm it
meets the PFD, the TT&C operator will have to accept the interference.
9. Coexistence With Aeronautical Radionavigation
366. The nearby 4.2-4.4 GHz band is allocated to Aeronautical
Radionavigation and aeronautical mobile (route) services worldwide.\49\
This band is home to radio altimeters and Wireless Avionics Intra-
Communications systems used on aircraft and helicopters worldwide.
Radio altimeters are critical aeronautical safety-of-life systems
primarily used at altitudes under 2500 feet above ground level (AGL)
and must operate without harmful interference. Wireless Avionics Intra-
Communications systems provide communications over short distances
between points on a single aircraft and are not intended to provide
air-to-ground communications or communications between two or more
aircraft.
---------------------------------------------------------------------------
\49\ World Radio Conference-15 added a primary aeronautical
mobile (route) service (AM(R)S) allocation to the 4.2-4.4 GHz band
in all ITU Regions, and adopted footnote 5.436, which reserves the
use of this allocation exclusively for wireless avionics intra-
communications systems.
---------------------------------------------------------------------------
367. By licensing only up to 3.98 GHz as flexible-use spectrum, the
Commission is providing a 220-megahertz guard band between new services
in the lower C-band and radio altimeters and Wireless Avionics Intra-
Communications services operating in the 4.2-4.4 GHz band. This is
double the minimum guard band requirement discussed in initial comments
by Boeing and ASRC.
368. A set of preliminary test results prepared by the Aerospace
Vehicle Systems Institute was provided to the Commission after the
comment and reply period. AVSI's study simulated an aggregate 5G
emission for various amounts of allocated spectrum and measured the
received power level at which the accuracy of height measurements
exceeds certain criteria. In one scenario, AVSI modeled a worst-case
scenario with an aircraft altimeter operating at 200 feet AGL, with
numerous other altimeters nearby creating in-band interference and
aggregate base station emissions across the 3.7 to 4.0 GHz band. The
preliminary results show that there may be a large variation in radio
altimeter receiver performance between different manufacturers. The
measured PSD levels at which errors occurred ranged from -21 to -51
dBm/MHz for the various types of altimeters that were tested. AVSI
concluded that ``most of the altimeters reported broadly consistent
susceptibility to OoBI PSD levels until more than approximately 200 to
250 MHz of OoBI was introduced.'' AVSI noted that as the amount of
active spectrum increased above 3.9 GHz, the acceptable levels of PSD
began to decrease.
369. T-Mobile commissioned a study by Alion to review the AVSI
report and they raised several concerns. Alion noted that AVSI's
analysis identified levels of interference where performance
degradation occurred, but did not investigate whether these levels
would occur in any reasonable scenario. Alion questioned the
interference margin assumptions, noting that two of the initial
altimeters types failed due to interference from other altimeters and
the scenario had to be adjusted. They also questioned the simulated
waveform for the 5G emissions, which showed flat out-of-band emissions
approximately 40 dB below the carrier. Alion noted that emissions
naturally decrease with frequency separation and concluded that the
simulated emission ``would not comply with the emission limits for
virtually any services associated with a base station or fixed station
governed by FCC rules: part 27 services, part 27.53 or part 96
services.''
370. The Commission agrees with T-Mobile and Alion that the AVSI
study does not demonstrate that harmful interference would likely
result under reasonable scenarios (or even reasonably ``foreseeable''
scenarios to use the parlance of AVSI). The Commission finds the limits
it sets for the 3.7 GHz Service are sufficient to protect aeronautical
services in the 4.2-4.4 GHz band. Specifically, the technical rules on
power and emission limits the Commission sets for the 3.7 GHz Service
and the spectral separation of 220 megahertz should offer all due
protection to services in the 4.2-4.4 GHz band. The Commission
nonetheless agrees with AVSI that further analysis is warranted on why
there may even be a potential for some interference given that well-
designed equipment should not ordinarily receive any significant
interference (let alone harmful interference) given these
circumstances. As such, the Commission encourages AVSI and others to
participate in the multi-stakeholder group that the Commission expects
industry will set up--and as requested by AVSI itself. The Commission
expects the aviation industry to take account of the RF environment
that is evolving below the 3980 MHz band edge and take
[[Page 22855]]
appropriate action, if necessary, to ensure protection of such devices.
10. Coexistence With the Citizens Broadband Radio Service
371. The Commission does not require dynamic spectrum management or
other protection mechanisms suggested by some to protect the Citizens
Broadband Radio Service (operating below 3.7 GHz) or FSS operations (in
the 4.0-4.2 GHz band) from new 3.7 GHz Service operations. Although
some commenters support the use of some form of dynamic spectrum
management or an automated coordination capability to mitigate
interference from new 3.7 GHz Service operations into the 3.55-3.7 GHz
band, the Commission finds such provisions are unwarranted in this
instance and could hinder efficient 5G deployment in the band.
Specifically, the Commission notes that the dynamic management approach
is needed in the Citizens Broadband Radio Service to coordinate access
between Priority Access Licensees and General Authorized Access users
and to prevent interference to incumbent Federal and non-Federal
operations. The same considerations are not present in the 3.7-4.2 GHz
band and the transition and licensing approach the Commission adopts
for introducing 3.7 GHz Service to the 3.7-3.98 GHz band is appropriate
for the unique circumstances and anticipated use cases for the band.
Further, the Commission denies requests that it require coordination
between Citizens Broadband Radio Service and 3.7 GHz Service
operations, but it encourages parties to explore synchronization of TDD
operations to minimize interference between these adjacent services.
372. The Commission finds that 3.7 GHz Service operations above 3.7
GHz can coexist with operations below the band edge. First, the
Commission notes that the emission limits it is adopting are consistent
with other mobile service bands that have proven successful in
coexisting with a variety of adjacent services. Further, the flexible
nature of the equipment that will likely operate in the Citizens
Broadband Radio Service band and the advanced spectrum management
capabilities of the SAS should allow flexibility to access different
channels in any location that might be near a higher-powered 3.7 GHz
Service tower or make opportunistic use of different channels in
different areas. Further, in some instances, operations above and below
the 3.7 GHz band edge may be synchronized when they are deployed as
part of a carrier's network. Synchronization of two different carriers
can be implemented using traditional 3GPP methods based on an absolute
timing reference.
IV. Final Regulatory Flexibility Analysis
A. Need for, and Objectives of, the Report and Order
373. In the Report and Order and Order of Proposed Modification
(Report and Order), the Commission expands on its efforts to close the
digital divide and secure U.S. leadership in the next generation of
wireless services, including fifth-generation (5G) wireless and other
advanced spectrum-based services by making the 3.7-3.98 GHz band
available for flexible terrestrial wireless use. The Commission adopts
new rules for this band that are designed to achieve four key goals:
(1) Make a significant amount of spectrum available for flexible use,
including 5G services; (2) ensure that a significant amount of that
spectrum is made available quickly so it can be used in upcoming 5G
deployments; (3) recover for the public a portion of the value of this
public spectrum resource; and (4) ensure the continuous and
uninterrupted delivery of services currently offered in the 3.7-4.2 GHz
band (C-band). Specifically, the Commission makes 280 MHz of spectrum
available on a national basis through an auction conducted by the
Commission. Because this band is prime spectrum for next generation
wireless services, this action will serve as a critical step in
advancing United States leadership in 5G and in implementing the
Commission's comprehensive strategy to Facilitate America's Superiority
in 5G Technology (the 5G FAST Plan). At the same time, the Commission
adopts rules to accommodate incumbent Fixed Satellite Service and Fixed
Services operations in the band, enabling those operators to have
continuous and uninterrupted delivery of the same video programming and
other content that they do today.
374. The 3.7-4.2 GHz band currently is allocated in the United
States exclusively for non-Federal use on a primary basis for Fixed
Satellite Service (FSS) and Fixed Service. For FSS, the 3.7-4.2 GHz
band (space-to-Earth or downlink) is paired with the 5.925-6.425 GHz
band (Earth-to-space or uplink), and collectively these bands are known
as the ``conventional C-band.'' Domestically, space station operators
use the 3.7-4.2 GHz band to provide downlink signals of various
bandwidths to licensed transmit-receive, registered receive-only, and
unregistered receive-only earth stations throughout the United States.
FSS operators use this band to deliver programming to television and
radio broadcasters throughout the country and to provide telephone and
data services to consumers. The 3.7-4.2 GHz band is also used for
reception of telemetry signals transmitted by satellites, typically
near the edges of the band, i.e., at 3.7 GHz or 4.2 GHz.
375. The Report and Order expands on the Commission's efforts to
open up mid-band spectrum by making the 3.7-3.98 GHz band available for
flexible-use wireless services. The Commission adds a mobile, except
aeronautical mobile, allocation to the 3.7-4.0 GHz band. The Commission
also adopts a process to transition this 280 megahertz of spectrum from
incumbent use to new flexible-use by December 5, 2025, with accelerated
relocation payment options for space station operators that serve earth
stations in the contiguous United States to accelerate this transition
in two stages: (1) 100 megahertz (3.7-3.8 GHz) by December 5, 2021 and
(2) all 280 megahertz by December 5, 2023. In both cases, the space
station operators would clear an additional 20 megahertz to be used as
a guard band. The Commission adopts relocation and accelerated
relocation payment rules including rules establishing an independent
Relocation Payment Clearinghouse to oversee the cost-related aspects of
the transition, as well as a Relocation Coordinator to ensure that all
incumbent space station operators are relocating in a timely manner and
ensure uninterrupted service during and following the transition. The
Commission adopts service and technical rules for flexible-use
licensees in the 280 megahertz of spectrum designated for transition to
flexible use.
376. Adopting a primary non-Federal mobile, except aeronautical
mobile, allocation to the 3.7-3.98 GHz band will foster more efficient
and intensive use of mid-band spectrum to facilitate and incentivize
investment in next generation wireless services. Mid-band spectrum is
ideal for next generation wireless broadband service due to its
favorable propagation and capacity characteristics. Allocating the 3.7-
3.98 GHz band for mobile services will also address the Commission's
mandate under the MOBILE NOW Act to identify spectrum for mobile and
fixed wireless broadband use. In addition, adopting this allocation
will harmonize the Commission's allocations for the 3.7-4.0 GHz band
with international allocations. The Commission's plan will ensure that
content that FSS now delivers to incumbent earth stations will continue
uninterrupted.
[[Page 22856]]
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
377. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
378. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
379. The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities To Which
the Rules Will Apply
380. The RFA directs agencies to provide a description of and,
where feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act.'' A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
381. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the SBA's Office of
Advocacy, in general, a small business is an independent business
having fewer than 500 employees. These types of small businesses
represent 99.9% of all businesses in the United States, which
translates to 30.7 million businesses.
382. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2018, there were
approximately 571,709 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
383. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2017 Census of Governments indicate that there
were 90,075 local governmental jurisdictions consisting of general
purpose governments and special purpose governments in the United
States. Of this number, there were 36,931 general purpose governments
(county, municipal and town or township) with populations of less than
50,000 and 12,040 special purpose governments--independent school
districts with enrollment populations of less than 50,000. Accordingly,
based on the 2017 U.S. Census of Governments data, we estimate that at
least 48,971 entities fall into the category of ``small governmental
jurisdictions.''
384. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had employment
of 999 or fewer employees and 12 had employment of 1,000 employees or
more. Thus under this category and the associated size standard, the
Commission estimates that the majority of wireless telecommunications
carriers (except satellite) are small entities.
385. Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there were a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
we estimate that the majority of satellite telecommunications providers
are small entities.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
386. The Commission expects the rules adopted in the Report and
Order will impose new or additional reporting or recordkeeping and/or
other compliance obligations on small entities as well as other
applicants and licensees. In addition to the rule changes associated
with transitioning the band through the approach adopted in the Report
and Order, there are new service rule compliance obligations. New
licensees in the 3.7-3.98 GHz band will have to meet various service
rules, including construction benchmarks and technical operating
requirements. In the event a small entity obtains licenses through
auction, the small entity licensee would be required to satisfy
construction requirements, operate in compliance with technical rules
(e.g., power, out of band emissions, and field strength limits), and
may have to coordinate with incumbent FSS operations in limited
instances. Small entity licensees would be responsible for making
certain construction demonstrations with the Commission through the
Universal Licensing System showing that they have satisfied the
relevant construction benchmarks.
387. All filing, recordkeeping and reporting requirements adopted
in the Report and Order, including professional, accounting,
engineering or survey services used in meeting these requirements will
be the same for small and large entities that intend to utilize these
new 3.7 GHz Service licenses. To the extent having the same
requirements for all licensees results in the costs of complying with
the rules being relatively greater for smaller entities than for large
ones, these costs are necessary to effectuate the purpose of the
Communications Act, namely to further the efficient use of spectrum, to
[[Page 22857]]
prevent spectrum warehousing and are necessary to promote fairness.
Likewise, compliance with the service and technical rules and
coordination requirements are necessary for the furtherance of the
goals of protecting the public while also providing interference free
services. Small entities must therefore comply with these rules and
requirements. The Commission believes however, that small entities will
benefit from having more information about opportunities in the 3.7-
3.98 GHz band, more flexibility to provide a wider range of services,
and more options for gaining access to wireless spectrum.
388. In order to comply with the rule changes adopted in the Report
and Order, small entities may be required to hire attorneys, engineers,
consultants, or other professionals. While the Commission cannot
quantify the cost of compliance with the rule changes, we note that
several of the rule changes are consistent with and mirror existing
policies and requirements used for other part 27 flexible-use licenses.
Therefore, small entities with existing licenses in other bands may
already be familiar with such policies and requirements and have the
processes and procedures in place to facilitate compliance resulting in
minimal incremental costs to comply with our requirements for the 3.7-
4.2 GHz band. The recordkeeping, reporting and other compliance
obligations for small entities and other licensees are described below.
389. Designated Entity Provisions. The Commission adopts the
proposal to apply the two small business definitions with higher gross
revenues thresholds to auctions of overlay licenses in the 3.7-3.98 GHz
band. Accordingly, an entity with average annual gross revenues for the
relevant preceding period not exceeding $55 million will qualify as a
``small business,'' while an entity with average annual gross revenues
for the relevant preceding period not exceeding $20 million will
qualify as a ``very small business.'' Since their adoption in 2015, the
Commission has used these gross revenue thresholds in auctions for
licenses likely to be used to provide 5G services in a variety of
bands. The results in these auctions indicate that these gross revenue
thresholds have provided an opportunity for bidders claiming
eligibility as small businesses to win licenses to provide spectrum-
based services at auction. These thresholds do not appear to be overly
inclusive as a substantial number of qualified bidders in these
auctions do not come within the thresholds. This helps preclude
designated entity benefits from flowing to entities for which such
credits are not necessary.
390. The Commission also adopts the proposal to provide qualifying
``small businesses'' with a bidding credit of 15% and qualifying ``very
small businesses'' with a bidding credit of 25%, consistent with the
standardized schedule in part 1 of the rules. This proposal was modeled
on the small business size standards and associated bidding credits
that the Commission adopted for a range of other services. The
Commission believes that use of the small business tiers and associated
bidding credits set forth in the part 1 bidding credit schedule will
provide consistency and predictability for small businesses.
391. Rural Service Providers. In the NPRM, the Commission also
sought comment on a proposal to offer a bidding credit for rural
service providers. The rural service provider bidding credit awards a
15% bidding credit to those that service predominantly rural areas and
that have fewer than 250,000 combined wireless, wireline, broadband and
cable subscribers. As a general matter, the Commission ``has made
closing the digital divide between Americans with, and without, access
to modern broadband networks its top priority . . . [and is] committed
to ensuring that all Americans, including those in rural areas, Tribal
lands, and disaster-affected areas, have the benefits of a high-speed
broadband connection.'' In this proceeding, a variety of organizations
and associations that in turn represent the providers that serve the
most rural and sparsely populated areas of the country have come
together to stress that ``rules [for bringing this spectrum to market]
should balance the competing needs of interested parties and offer
meaningful opportunities for providers of all kinds and sizes to offer
spectrum-based services to rural consumers.''
392. Licensing and Operating Rules. The Commission adopts licensing
and operating rules that afford licensees the flexibility to align
licenses in the 3.7-3.98 GHz band with licenses in other spectrum bands
governed by part 27 of the Commission's rules and other flexible-use
services. Specifically, the Commission adopts rules requiring 3.7 GHz
Service licensees in the 3.7-3.98 GHz band to comply with licensing and
operating rules that are similar to all part 27 services, including
flexible use, regulatory status, foreign ownership reporting,
compliance with construction requirements, renewal criteria, permanent
discontinuance of operations, partitioning and disaggregation, and
spectrum leasing.
393. Application Requirements and Eligibility. Licensees in the A,
B, and C blocks must comply with the Commission's general application
requirements. Further, the Commission adopts an open eligibility
standard for licenses in the A, B, and C Blocks. The Commission has
determined that eligibility restrictions on licenses may be imposed
only when open eligibility would pose a significant likelihood of
substantial harm to competition in specific markets and when an
eligibility restriction would be effective in eliminating that harm.
394. Mobile Spectrum Holdings. The Commission does not impose a
pre-auction bright-line limit on acquisitions of the 3.7-3.98 GHz band.
Instead, the Commission will incorporate into the spectrum screen the
280 megahertz of spectrum that the Commission makes available in the
3.7-3.98 GHz band. The Commission will also perform case-by-case review
of the long-form license applications filed as a result of the auction.
In regard to mobile spectrum holdings, the Commission will include the
A, B, and C Blocks of the 3.7-3.98 GHz band in the screen for secondary
market transactions because the spectrum will become ``suitable and
available in the near term for the provision of mobile telephony/
broadband services.'' The Commission will add the 280 megahertz of
spectrum to the screen once the auction closes.
395. Mobile or Point-to-Multipoint Performance Requirements. The
Commission concludes that licensees in the A, B, and C Blocks offering
mobile or point-to-multipoint services must provide reliable signal
coverage and offer service to at least 45% of the population in each of
their license areas within eight years of the license issue date (first
performance benchmark), and to at least 80% of the population in each
of their license areas within 12 years from the license issue date
(second performance benchmark).
396. Alternate IoT Performance Requirements. The Commission
recognized in the NPRM that 3.7-3.98 GHz licenses have flexibility to
provide services potentially less suited to a population coverage
metric. Therefore, the Commission sought comment on an alternative
performance benchmark metric for licensees providing IoT-type fixed and
mobile services. Based on the record evidence, the Commission will
allow licenses in the A, B, and C Blocks offering IoT-type services to
provide geographic area coverage of 35% of the license area at the
first (eight-year) performance benchmark, and geographic area coverage
of 65% of the license area at the second (12-year) performance
benchmark.
[[Page 22858]]
397. Fixed Point-to-Point under Flexible Use Performance
Requirements. The Commission adopts a requirement that part 27
geographic area licensees providing Fixed Service in the A, B, and C
Blocks band must demonstrate within eight years of the license issue
date (first performance benchmark) that they have four links operating
and providing service, either to customers or for internal use, if the
population within the license area is equal to or less than 268,000. If
the population within the license area is greater than 268,000, the
Commission requires a licensee relying on point-to-point service to
demonstrate it has at least one link in operation and providing
service, either to customers or for internal use, per every 67,000
persons within a license area. The Commission requires licensees
relying on point-to-point service to demonstrate within 12 years of the
license issue date (final performance benchmark) that they have eight
links operating and providing service, either to customers or for
internal use, if the population within the license area is equal to or
less than 268,000. If the population within the license area is greater
than 268,000, the Commission requires a licensee relying on point-to-
point service to demonstrate it is providing service and has at least
two links in operation per every 67,000 persons within a license area.
398. Penalty for Failure to Meet Performance Requirements. Along
with performance benchmarks, the Commission adopts meaningful and
enforceable penalties for failing to ensure timely build-out.
Specifically, as proposed in the NPRM, the Commission adopts a rule
requiring that, in the event a licensee in the A, B, or C Block fails
to meet the first performance benchmark, the licensee's second
benchmark and license term would be reduced by two years, thereby
requiring it to meet the second performance benchmark two years sooner
(at 10 years into the license term) and reducing its license term to 13
years. If a licensee fails to meet the second performance benchmark for
a particular license area, its authorization for each license area in
which it fails to meet the performance requirement shall terminate
automatically without Commission action.
399. Compliance Procedures. In addition to compliance procedures
applicable to all part 27 licensees, including the filing of electronic
coverage maps and supporting documentation, the Commission adopts a
rule requiring that such electronic coverage maps must accurately
depict both the boundaries of each licensed area and the coverage
boundaries of the actual areas to which the licensee provides service.
As proposed in the NPRM, the rule the Commission is adopting requires
measurements of populations served on areas no larger than the Census
Tract level so a licensee deploying small cells has the option to
measure its coverage using a smaller acceptable identifier such as a
Census Block. Each licensee also must file supporting documentation
certifying the type of service it is providing for each licensed area
within its service territory and the type of technology used to provide
such service. Supporting documentation must include the assumptions
used to create the coverage maps, including the propagation model and
the signal strength necessary to provide reliable service with the
licensee's technology.
400. License Renewal. As proposed in the NPRM, the Commission will
apply the general renewal requirements applicable to all Wireless Radio
Services (WRS) licensees to 3.7-3.98 GHz band licensees in the A, B,
and C Blocks. This approach will promote consistency across services.
401. Renewal Term Construction Obligation. In addition to, and
independent of, these general renewal provisions, the Commission finds
that any additional renewal term construction obligations adopted in
the Wireless Radio Services Renewal Reform proceeding would apply to
licenses in the A, B, and C Blocks of the 3.7-3.98 GHz band.
402. New Earth Stations. On April 19, 2018, the staff released the
Freeze and 90-Day Earth Station Filing Window Public Notice, which
froze applications for new or modified earth stations in the 3.7-4.2
GHz band to preserve the current landscape of authorized operations
pending action as part of the Commission's ongoing inquiry into the
possibility of permitting mobile broadband use and more intensive fixed
use of the band through this proceeding. Given the Commission's
decision to limit FSS operations in the 3.7-4.0 GHz band in the
contiguous United States but not elsewhere, the Commission converts the
freeze for new FSS earth stations in the 3.7-4.0 GHz band in the
contiguous United States into an elimination of the application process
for registrations and licenses for those operations, and the Commission
lifts the freeze for new FSS earth stations in the 3.7-4.2 GHz band
outside of the contiguous United States as of the publication date of
the Report and Order. Earth stations registered after the filing freeze
is lifted will not be considered incumbent earth stations and will not
qualify for reimbursement of relocation costs. Further, any new
registered earth stations outside of the contiguous United States may
not claim protection from harmful interference from new flexible-use
licensees in the contiguous United States.
403. The Commission revises the part 25 rules such that
applications for 3.7-4.0 GHz band earth station licenses or
registrations in the contiguous United States will no longer be
accepted. Limiting, as described, the registration of new earth
stations in spectrum being transitioned to primary terrestrial use will
provide a stable spectral environment for more intensive terrestrial
use of 3.7-3.98 GHz and facilitate the rapid transition to terrestrial
use.
404. With respect to registered incumbent earth stations that are
transitioned to the 4.0-4.2 GHz band, the Commission will permit these
earth stations to be renewed and/or modified to maintain their
operations in the 4.0-4.2 GHz band. The Commission will not, however,
accept applications for new earth stations in the 4.0-4.2 GHz portion
of the band for the time being, during this transition period.
405. Relocation and Accelerated Relocation Payments. New overlay
licensees must pay their share of relocation and accelerated relocation
payments to reimburse incumbents for the reasonable costs of
transitioning out of the lower 300 megahertz of the C-band in the
contiguous United States. Based on the unique circumstances of the
band, the Commission also finds it necessary to condition new licenses
on making acceleration payments to satellite incumbents that
voluntarily choose to clear the band on an expedited schedule. Like
relocation payments, the Commission finds that requiring such mandatory
payments is both in the public interest and within the Commission's
Title III authority.
406. Sunsetting Incumbent Point-to-Point Fixed Services. Incumbent
licensees of temporary fixed and permanent point-to-point Fixed Service
links will have until December 5, 2023, to self-relocate their point-
to-point links out of the 3.7-4.2 GHz band. The Commission also revises
its part 101 rules to specify that no applications for new point-to-
point Fixed Service will be granted in the contiguous United States.
407. Relocation Reimbursement and Cost Sharing for Point-to-Point
Fixed Services. Incumbent licensees of permanent point-to-point Fixed
Service links that self-relocate out of the band within December 5,
2023 shall be eligible for reimbursement of their reasonable costs
based on the well-established ``comparable facilities''
[[Page 22859]]
standard used for the transition of microwave links out of other bands.
Similar to the Commission's approach for earth station clearing,
because fixed service relocation affects spectrum availability on a
local basis, all flexible-use licensees in a PEA where an incumbent
Fixed Service licensee self-relocated will share in the reimbursement
of these reasonable costs on a pro rata basis. Incumbent Fixed Service
licensees will be subject to the same demonstration requirements and
reimbursement administrative provisions as those adopted above for
incumbent earth station operators.
408. Power Levels for Base Station Power. To support robust
deployment of next-generation mobile broadband services, the Commission
will allow base stations in non-rural areas to operate at power levels
up to 1640 watts per megahertz EIRP. In addition, consistent with other
broadband mobile services in nearby bands (AWS-1, AWS-3, AWS-4 and
PCS), the Commission will permit base stations in rural areas to
operate with double the non-rural power limits (3280 watts per
megahertz) in rural areas. The Commission extends the same power
density limit to emissions with a bandwidth less than one megahertz to
facilitate uniform power distribution across a licensee's authorized
band regardless of whether wideband or narrowband technologies are
being deployed.
409. Power Levels for Mobile Power. The Commission adopts a 1 Watt
(30 dBm) EIRP power limit for mobile devices, as proposed in the NPRM.
410. Base Station Out-of-band Emissions. The Commission adopts base
station out-of-band emission (OOBE) requirements based on the proposed
limits, which are similar to other AWS services. Specifically, base
stations will be required to suppress their emissions beyond the edge
of their authorization to a conducted power level of -13 dBm/MHz. For
base station OOBE, we apply the part 27 measurement procedures and
resolution bandwidth that are used for AWS devices outlined in section
27.53(h). Specifically, a resolution bandwidth of 1 megahertz or
greater will be used; except in the 1 megahertz bands immediately
outside and adjacent to the licensee's frequency block where a
resolution bandwidth of at least 1% of the emission bandwidth may be
employed.
411. Mobile Out-of-Band Emissions. As with base station out-of-band
emission limits, the Commission adopts mobile emission limits similar
to the standard emission limits that apply to other mobile broadband
services. Specifically, mobile units must suppress the conducted
emissions to no more than -13 dBm/MHz outside their authorized
frequency band. We adopted a relaxation of the emission limit within
the first five megahertz of the channel edge by varying the resolution
bandwidth used when measuring the emission. For emissions within 1 MHz
from the channel edge, the minimum resolution bandwidth will be either
one percent of the emission bandwidth of the fundamental emission of
the transmitter or 350 kHz. In the bands between one and five megahertz
removed from the licensee's authorized frequency block, the minimum
resolution bandwidth will be 500 kHz. The relaxation will not affect
the interference to FSS above 4.0 GHz. The relaxation will be entirely
contained within the 20 MHz guard band. The effect on CBRS operations
below 3.7 GHz should be minimal.
412. Antenna Heights Limit. The Commission adopts the proposal not
to restrict antenna heights for 3.7-3.98 GHz band operations beyond any
requirements necessary to ensure air navigation safety. This is
consistent with part 27 AWS rules, which generally do not impose
antenna height limits on antenna structures.
413. Service Area Boundary Limit. The Commission adopts the -76
dBm/m2/MHz power flux density (PFD) limit at a height of 1.5 meters
above ground at the border of the licensees' service area boundaries as
proposed in the NPRM and also permits licensees operating in adjacent
geographic areas to voluntarily agree to higher levels at their common
boundaries.
414. International Boundary Requirements. The Commission adopts the
proposal to apply section 27.57(c) of the rules, which requires all
part 27 operations to comply with international agreements for
operations near the Mexican and Canadian borders.
415. Other Part 27 Rules. The Commission adopts several additional
technical rules applicable to all part 27 services, including sections
27.51 (Equipment authorization), 27.52 (RF safety), 27.54 (Frequency
stability), and part 1, subpart BB of the Commission's rules
(Disturbance of AM Broadcast Station Antenna Patterns) for operations
in the 3.7-3.98 GHz band. The Commission requires client devices to be
capable of operating across the entire 3.7-3.98 GHz band. Specifically,
the Commission adds the 3.7-3.98 GHz band to section 27.75, which
requires mobile and portable stations operating in the 600 MHz band and
certain AWS-3 bands to be capable of operating across the relevant band
using the same air interfaces that the equipment uses on any frequency
in the band. This requirement does not require licensees to use any
particular industry standard.
416. Protection from Out of Band Emissions. The Commission adopts a
PFD limit to protect registered FSS earth stations from out of band
emissions from 3.7 GHz Service operations. For base and mobile stations
operating in the 3.7-3.98 GHz band, the Commission adopts a PFD limit
of -124 dBW/m\2\/MHz, as measured at the antenna of registered FSS
earth stations. 3.7 GHz Service licensees will be obligated to ensure
that the PFD limit at FSS earth stations is not exceeded by base and
mobile station emissions, which may require them to limit mobile
operations when in the vicinity of an earth station receiver.
417. Protection from Receiver Blocking. The Commission will require
base stations and mobiles to meet a PFD limit of -16 dBW/m\2\/MHz, as
measured at the earth station antenna for all registered FSS earth
stations. This blocking limit applies to all emissions within the 3.7
GHz Service licensee's authorized band of operation.
418. Co-Channel Protection Criteria for TT&C Earth Stations. A
protection criteria of I/N = -6 dB is appropriate for TT&C links. The
Commission will require 3.7 GHz Service licensees to coordinate their
operations within 70 km of TT&C earth stations that continue to operate
in the 3.7-3.98 GHz band.
419. Adjacent Channel Protection Criteria for TT&C Earth Stations.
To protect TT&C earth stations from adjacent channel interference due
to out-of-band emissions, the Commission sets the same interference
protection criteria of -6 dB I/N ratio. Prior coordination is not
required for adjacent channel licenses. To provide protection from
potential receiver overload, the Commission will require base stations
and mobiles to meet a PFD limit of -16 dBW/m\2\/MHz, as measured at the
TT&C earth station antenna.
420. Small entities may be required to hire attorneys, engineers,
consultants, or other professionals to comply with the rule changes
adopted in the Report and Order. Although the Commission cannot
quantify the cost of compliance with the rule changes, we note that
several of the rule changes are consistent with and mirror existing
policies and requirements used for other part 27 flexible-use licenses.
Therefore, small entities with existing licenses in other bands may
already be familiar with such policies and requirements and have the
processes and procedures in place to facilitate compliance resulting in
minimal incremental costs to comply
[[Page 22860]]
with our requirements for the 3.7-4.2 GHz band.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
421. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its approach, which may include the following four
alternatives (among others): (1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.
422. In the Report and Order, the Commission has adopted a
transition using a Commission-led competitive bidding process to make
C-band spectrum available for next-generation terrestrial wireless use.
We considered the position of the Small Satellite Operators, the C-Band
Alliance, and the approaches of other commenters but believe that the
Commission-led forward auction will leverage the best features of the
various proposals submitted in the record and allow us to repurpose the
socially efficient amount of spectrum for flexible use rapidly and
transparently. It will also facilitate robust deployment of next-
generation terrestrial wireless networks and ensure that qualified
incumbents in the band are able to continue their operations without
interruption. The advantages of the public auction approach include
making a significant amount of 3.7-4.2 GHz band spectrum available
quickly through a public auction of flexible use license, followed by a
transition period that leverages incumbent FSS operators' expertise to
achieve an effective relocation of existing services to the upper
portion of the band, aligns stakeholders' incentives so as to achieve
an expeditious transition, and ensures effective accommodation of
incumbent users. It will also facilitate robust deployment of next
generation terrestrial wireless networks and ensure that qualified
incumbents in the band are able to continue their operations without
interruption. We find that the public auction approach fulfills the
Commission's obligations to manage spectrum in the public interest.
423. To ensure that small entities and all eligible interests are
included in the Transition Plans and compensated for the transition to
the upper 200 megahertz of the band, the transition obligations the
Commission adopts require that, in order for a space station operator
to satisfy the clearing benchmarks and become eligible for
reimbursement of reasonable relocation costs and potential accelerated
relocation payments, it must demonstrate that the space station
transmissions and receiving earth station operations have been
sufficiently cleared such that the new flexible-use licensee could
begin operating without causing harmful interference to registered
incumbent earth stations. We find that, if the Small Satellite
Operators satisfy our definition of eligible space station operators
such that they have incumbent registered earth station customers that
will need to be transitioned to the upper portion of the band, then
they would be entitled to reimbursement of reasonable relocation costs
and potential accelerated relocation payments. This will ensure that
any small space station operator incumbent affected by the transition
will have the opportunity to participate.
424. The Report and Order adopts bidding credits for small and very
small businesses. The auction of flexible-use licenses relies heavily
on a competitive marketplace to set the value of spectrum and
compensate incumbents for the costs of transitioning out of the lower
300 megahertz of the band. Specifically, for small entities, the
Commission is focused on facilitating competition in the band and
ensuring that all relevant interests, not just those of the largest
companies, are represented. This will help to reduce the potential
economic impact on small entities.
425. The license areas chosen in the Report and Order should
provide spectrum access opportunities for smaller carriers by giving
them access to less densely populated areas that match their
footprints. While PEAs are small enough to provide spectrum access
opportunities for smaller carriers and PEAs can be further
disaggregated, these units of area also nest within and may be
aggregated to form larger license areas. Thus, the rules should enable
small entities and other providers providing service in the 3.7-3.98
GHz band to adjust their spectrum holdings more easily and build their
networks pursuant to individual business plans, allowing them to manage
the economic impact. We also believe this should result in small
entities having an easier time acquiring or accessing spectrum.
426. Another step taken by the Commission that should help minimize
the economic impact for small entities is the adoption of 15-year
license terms for licenses in the 3.7-3.98 GHz band. Small entities
should benefit from the opportunity for long term operational certainty
and a longer period to develop, test and provision innovative services
and applications. This longer licensing term should also allow small
entities to curtail and spread out its costs. Lastly, as mentioned
above, many of the rule changes adopted in the Report and Order are
consistent with and mirror existing requirements for other bands. The
Commission's decision to take this approach for the 3.7-3.98 GHz band
should minimize the economic impact for small entities who are already
obligated to comply with and have been complying with existing
requirements in other bands.
V. Ordering Clauses
427. Accordingly, It is ordered that, pursuant to Sections 1, 2,
4(i), 4(j), 5(c), 201, 302, 303, 304, 307(e), 309, and 316 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 155(c), 201, 302, 303, 304, 307(e), 309, and 316, this Report
and Order is hereby adopted.
428. It is further ordered that the rules and requirements as
adopted herein are adopted, effective sixty (60) days after publication
in the Federal Register; and that the Order of Proposed Modification is
effective as of the date of publication in the Federal Register;
provided, however, that compliance will not be required for Sec. Sec.
25.138(a) and (b); 25.147(a) through (c); 27.14(w)(1) through (4);
27.1412(b)(3)(i), (c) introductory text, (c)(2), (d)(1) and (2), and
(f) through (h); 27.1413(a)(2) and (3), (b), and (c)(3) and (7);
27.1414(b)(3), (b)(4)(i) and (iii), (c)(1) through (3); 27.1415;
27.1416(a); 27.1417; 27.1419; 27.1421; 27.1422(c); 27.1424; and
101.101, Note (2) of the Commission's rules, which contain new or
modified information collection requirements that require review by the
Office of Management and Budget (OMB) under the Paperwork Reduction
Act, until the effective date for those information collections is
announced in a document published in the Federal Register after the
Commission receives OMB approval. The Commission directs the Bureau to
issue such document announcing the compliance dates for Sec. Sec.
25.138(a) and (b); 25.147(a) through (c); 27.14(w)(1) through (4);
27.1412(b)(3)(i), (c) introductory text, (c)(2), (d)(1) and (2), and
(f) through (h); 27.1413(a)(2) and (3), (b), and (c)(3) and (7);
27.1414(b)(3), (b)(4)(i) and (iii), (c)(1) through (3); 27.1415;
27.1416(a); 27.1417; 27.1419; 27.1421; 27.1422(c);
[[Page 22861]]
27.1424; and 101.101, Note (2) accordingly.
429. It is further ordered that the freeze on applications for new
FSS earth stations in the 3.7-4.2 GHz band outside of the contiguous
United States and on applications for new point-to-point microwave
Fixed Service sites outside of the contiguous United States will be
lifted on the date of publication of this Report and Order in the
Federal Register.
430. It is further ordered that, pursuant to Section 309 and 316 of
the Communications Act of 1934, as amended, 47 U.S.C. 309 and 316, in
the Order of Proposed Modification the Commission proposes that the
licenses and authorizations of all 3.7-4.2 GHz FSS licensees and market
access holders; all transmit-receive earth station licenses; and all
Fixed Service licenses will be modified pursuant to the conditions
specified in this Report and Order at paragraphs 123-125, 321, 323,
325, these modification conditions will be effective 60 days after
publication of this Report and Order and Order in the Federal Register,
provided, however, that in the event any FSS licensee, Fixed Service
licensee, transmit-receive earth station licensee, or any other
licensee or permittee who believes that its license or permit would be
modified by this proposed action, seeks to protest this proposed
modification and its accompanying timetable, the proposed license
modifications specified in this Report and Order and Order and
contested by the licensee or permittee shall not be made final as to
such licensee or permittee unless and until the Commission orders
otherwise. Pursuant to Section 316(a)(1) of the Communications Act of
1934, as amended, 47 U.S.C. 316(a)(1), publication of this Report and
Order in the Federal Register shall constitute notification in writing
of our Order proposing the modification of the 3.7-4.2 GHz FSS
licenses, Fixed Service Licenses, transmit-receive earth station
licenses, and of the grounds and reasons therefore, and those licensees
and any other party seeking to file a protest pursuant to Section 316
shall have 30 days from the date of such publication to protest such
Order.
431. It is further ordered, pursuant to Section 309 and 316 of the
Communications Act of 1934, as amended, 47 U.S.C. 309 and 316, that
following the final modification of each FSS license and transmit-
receive earth station license, the International Bureau shall further
modify such licenses as are necessary in order to implement the
specific band reconfiguration in the manner specified in this Report
and Order; and the Wireless Telecommunications Bureau shall modify each
Fixed Service license as necessary in order to implement the specific
band reconfiguration in the manner specified in this Report and Order.
432. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
433. It is further ordered that this Report and Order SHALL BE sent
to Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
434. It is our intention in adopting these rules that, if any
provision of the Report and Order or the rules, or the application
thereof to any person or circumstance, is held to be unlawful, the
remaining portions of such Report and Order and the rules not deemed
unlawful, and the application of the Report and Order and the rules to
other persons or circumstances, shall remain in effect to the fullest
extent permitted by law.
List of Subjects in 47 CFR Parts 1, 2, 25, 27, and 101
Administrative practice and procedures, Communications,
Communications equipment, Radio, Reporting and recordkeeping
requirements, Satellites, Telecommunications.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1, 2, 25, 27, and 101 as
follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
2. Amend Sec. 1.907 by revising the definition of ``Covered geographic
licenses'' to read as follows:
Sec. 1.907 Definitions.
* * * * *
Covered geographic licenses. Covered geographic licenses consist of
the following services: 1.4 GHz Service (part 27, subpart I, of this
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and
Digital Electronic Message Services (part 101, subpart G, of this
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter);
220-222 MHz Service, excluding public safety licenses (part 90, subpart
T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz
Commercial Services (part 27, subpart F and H); 700 MHz Guard Band
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part
90, subpart S); 3.7 GHz Service (part 27, subpart O); Advanced Wireless
Services (part 27, subparts K and L); Air-Ground Radiotelephone Service
(Commercial Aviation) (part 22, subpart G, of this chapter); Broadband
Personal Communications Service (part 24, subpart E, of this chapter);
Broadband Radio Service (part 27, subpart M); Cellular Radiotelephone
Service (part 22, subpart H); Citizens Broadband Radio Service (part
96, subpart C, of this chapter); Dedicated Short Range Communications
Service, excluding public safety licenses (part 90, subpart M); H Block
Service (part 27, subpart K); Local Multipoint Distribution Service
(part 101, subpart L); Multichannel Video Distribution and Data Service
(part 101, subpart P); Multilateration Location and Monitoring Service
(part 90, subpart M); Multiple Address Systems (EAs) (part 101, subpart
O); Narrowband Personal Communications Service (part 24, subpart D);
Paging and Radiotelephone Service (part 22, subpart E; part 90, subpart
P); VHF Public Coast Stations, including Automated Maritime
Telecommunications Systems (part 80, subpart J, of this chapter); Upper
Microwave Flexible Use Service (part 30 of this chapter); and Wireless
Communications Service (part 27, subpart D).
* * * * *
0
3. Amend Sec. 1.9005 by:
0
a. Removing the word ``and'' at the end of paragraph (kk);
0
b. Removing the period at the end of paragraph (ll) and adding ``;
and'' in its place; and
0
c. Adding paragraph (mm).
The addition reads as follows:
Sec. 1.9005 Included services.
* * * * *
(mm) The 3.7 GHz Service in the 3.7-3.98 GHz band.
[[Page 22862]]
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
4. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
5. Amend Sec. 2.106 by revising page 41 of the Table of Frequency
Allocations and adding footnote NG182 and revising footnote NG457A in
the list of Non-Federal Government (NG) Footnotes to read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 22863]]
[GRAPHIC] [TIFF OMITTED] TR23AP20.006
BILLING CODE 6712-01-C
[[Page 22864]]
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG182 In the band 3700-4200 MHz, the following provisions shall
apply:
(a) Except as provided in paragraph (c)(1) of this footnote, any
currently authorized space stations serving the contiguous United
States may continue to operate on a primary basis, but no
applications for new space station authorizations or new petitions
for market access shall be accepted for filing after June 21, 2018,
other than applications by existing operators in the band seeking to
make more efficient use of the band 4000-4200 MHz. Applications for
extension, cancellation, replacement, or modification of existing
space station authorizations in the band will continue to be
accepted and processed normally.
(b) In areas outside the contiguous United States, the band
3700-4000 MHz is also allocated to the fixed-satellite service
(space-to-Earth) on a primary basis.
(c) In the contiguous United States, i.e., the contiguous 48
states and the District of Columbia as defined by Partial Economic
Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411,
which includes areas within 12 nautical miles of the U.S. Gulf
coastline (see Sec. 27.6(m) of this chapter), the following
provisions apply:
(1) Incumbent use of the fixed-satellite service (space-to-
Earth) in the band 3700-4000 MHz is subject to the provisions of
Sec. Sec. 25.138, 25.147, 25.203(n) and part 27, subpart O, of this
chapter;
(2) Fixed service licensees authorized as of April 19, 2018,
pursuant to part 101 of this chapter, must self-relocate their
point-to-point links out of the band 3700-4200 MHz by December 5,
2023;
(3) In the band 3980-4000 MHz, no new fixed or mobile operations
will be permitted until specified by Commission rule, order, or
notice.
* * * * *
NG457A Earth stations on vessels (ESVs), as regulated under 47
CFR part 25, are an application of the fixed-satellite service and
the following provisions shall apply:
(a) In the band 3700-4200 MHz, ESVs may be authorized to receive
FSS signals from geostationary satellites. ESVs in motion are
subject to the condition that these earth stations may not claim
protection from transmissions of non-Federal stations in the fixed
and mobile except aeronautical mobile services. While docked, ESVs
receiving in the band 4000-4200 MHz may be coordinated for up to 180
days, renewable. NG182 applies to incumbent licensees that provide
service to ESVs in the band 3700-4000 MHz.
(b) In the band 5925-6425 MHz, ESVs may be authorized to
transmit to geostationary satellites on a primary basis.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
6. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
7. Amend Sec. 25.103 by adding the definition of ``Contiguous United
States (CONUS)'' in alphabetical order to read as follows:
Sec. 25.103 Definitions.
* * * * *
Contiguous United States (CONUS). For purposes of subparts B and C
of this part, the contiguous United States consists of the contiguous
48 states and the District of Columbia as defined by Partial Economic
Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which
includes areas within 12 nautical miles of the U.S. Gulf coastline. In
this context, the rest of the United States includes the Honolulu,
Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern
Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of
Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-416). See Sec. 27.6(m)
of this chapter.
* * * * *
0
8. Amend Sec. 25.109 by adding paragraph (e) to read as follows:
Sec. 25.109 Cross-reference.
* * * * *
(e) Space and earth stations in the 3700-4200 MHz band may be
subject to transition rules in part 27 of this chapter.
0
9. Add Sec. 25.138 to read as follows:
Sec. 25.138 Earth Stations in the 3.7-4.2 GHz band.
(a) Applications for new, modified, or renewed earth station
licenses and registrations in the 3.7-4.0 GHz portion of the band in
CONUS are no longer accepted.
(b) Applications for new earth station licenses or registrations
within CONUS in the 4.0-4.2 GHz portion of the band will not be
accepted until the transition is completed and upon announcement by the
International Bureau via Public Notice that applications may be filed.
(c) Fixed and temporary fixed earth stations operating in the 3.7-
4.0 GHz portion of the band within CONUS will be protected from
interference by licensees in the 3.7 GHz Service subject to the
deadlines set forth in Sec. 27.1412 of this chapter and are eligible
for transition into the 4.0-4.2 GHz band so long as they:
(1) Were operational as of April 19, 2018 and continue to be
operational;
(2) Were licensed or registered (or had a pending application for
license or registration) in the IBFS database on November 7, 2018; and
(3) Timely certified the accuracy of the information on file with
the Commission by May 28, 2019.
(d) Fixed and temporary earth station licenses and registrations
that meet the criteria in paragraph (c) of this section may be renewed
or modified to maintain operations in the 4.0-4.2 GHz band.
(e) Applications for new, modified, or renewed licenses and
registrations for earth stations outside CONUS operating in the 3.7-4.2
GHz band will continue to be accepted.
0
10. Add Sec. 25.147 to read as follows:
Sec. 25.147 Space Stations in the 3.7-4.2 GHz band.
The 3.7-4.0 GHz portion of the band is being transitioned in CONUS
from FSS GSO (space-to-Earth) to the 3.7 GHz Service.
(a) New applications for space station licenses and petitions for
market access concerning space-to-Earth operations in the 3.7-4.0 GHz
portion of the band within CONUS will no longer be accepted.
(b) Applications for new or modified space station licenses or
petitions for market access in the 4.0-4.2 GHz portion of the band
within CONUS will not be accepted during the transition except by
existing operators in the band to implement an efficient transition.
(c) Applications for new or modified space station licenses or
petitions for market access for space-to-Earth operations in the 3.7-
4.2 GHz band outside CONUS will continue to be accepted.
0
11. Amend Sec. 25.203 by adding paragraph (n) to read as follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(n) From December 5, 2021 until December 5, 2030, consolidated
telemetry, tracking, and control (TT&C) operations at no more than four
locations may be authorized on a primary basis to support space station
operations, and no other TT&C operations shall be entitled to
interference protection in the 3.7-4.0 GHz band.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
12. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
0
13. Amend Sec. 27.1 by adding paragraph (b)(15) and revising paragraph
(c) to read as follows:
[[Page 22865]]
Sec. 27.1 Basis and purpose.
* * * * *
(b) * * *
(15) 3700-3980 MHz.
(c) Scope. The rules in this part apply only to stations authorized
under this part or authorized under another part of this chapter on
frequencies or bands transitioning to authorizations under this part.
0
14. Amend Sec. 27.4 by adding in alphabetical order the definition for
``3.7 GHz Service'' to read as follows:
Sec. 27.4 Terms and definitions.
3.7 GHz Service. A radiocommunication service licensed under this
part for the frequency bands specified in Sec. 27.5(m) (3700-3980 MHz
band).
* * * * *
0
15. Amend Sec. 27.5 by adding paragraph (m) to read as follows:
Sec. 27.5 Frequencies.
* * * * *
(m) 3700-3980 MHz band. The 3.7 GHz Service is comprised of Block A
(3700-3800 MHz); Block B (3800-3900 MHz); and Block C (3900-3980 MHz).
These blocks are licensed as 14 individual 20 megahertz sub-blocks
available for assignment in the contiguous United States on a Partial
Economic Area basis, see Sec. 27.6(m), as follows:
[GRAPHIC] [TIFF OMITTED] TR23AP20.007
0
16. Amend Sec. 27.6 by adding paragraph (m) to read as follows:
Sec. 27.6 Service areas.
* * * * *
(m) 3700-3980 MHz Band. Service areas in the 3.7 GHz Service are
based on Partial Economic Areas (PEAs) as defined by appendix A to this
subpart (see Wireless Telecommunications Bureau Provides Details About
Partial Economic Areas, DA 14-759, Public Notice, released June 2,
2014, for more information). The 3.7 GHz Service will be licensed in
the contiguous United States, i.e., the contiguous 48 states and the
District of Columbia as defined by Partial Economic Areas Nos. 1-41,
43-211, 213-263, 265-297, 299-359, and 361-411. The service areas of
PEAs that border the U.S. coastline of the Gulf of Mexico extend 12
nautical miles from the U.S. Gulf coastline. The 3.7 GHz Service will
not be licensed for the following PEAs:
Table 3 to Paragraph (m)
------------------------------------------------------------------------
PEA No. PEA name
------------------------------------------------------------------------
42........................................ Honolulu, HI.
212....................................... Anchorage, AK.
264....................................... Kodiak, AK.
298....................................... Fairbanks, AK.
360....................................... Juneau, AK.
412....................................... Puerto Rico.
413....................................... Guam-Northern Mariana
Islands.
414....................................... US Virgin Islands.
415....................................... American Samoa.
------------------------------------------------------------------------
0
17. Add appendix A to subpart A of part 27 to read as follows:
Appendix A to Subpart A of Part 27--List of Partial Economic Areas With
Corresponding Counties
------------------------------------------------------------------------
Federal
Information
PEA No. Processing County name State
System No.
------------------------------------------------------------------------
1.............................. 09001 Fairfield........ CT
1.............................. 09003 Hartford......... CT
1.............................. 09005 Litchfield....... CT
1.............................. 09007 Middlesex........ CT
1.............................. 09009 New Haven........ CT
1.............................. 09011 New London....... CT
1.............................. 09013 Tolland.......... CT
1.............................. 09015 Windham.......... CT
1.............................. 34003 Bergen........... NJ
1.............................. 34013 Essex............ NJ
1.............................. 34017 Hudson........... NJ
1.............................. 34019 Hunterdon........ NJ
1.............................. 34021 Mercer........... NJ
1.............................. 34023 Middlesex........ NJ
1.............................. 34025 Monmouth......... NJ
1.............................. 34027 Morris........... NJ
1.............................. 34029 Ocean............ NJ
1.............................. 34031 Passaic.......... NJ
1.............................. 34035 Somerset......... NJ
1.............................. 34037 Sussex........... NJ
1.............................. 34039 Union............ NJ
1.............................. 34041 Warren........... NJ
1.............................. 36005 Bronx............ NY
1.............................. 36027 Dutchess......... NY
1.............................. 36047 Kings............ NY
1.............................. 36059 Nassau........... NY
1.............................. 36061 New York......... NY
1.............................. 36071 Orange........... NY
1.............................. 36079 Putnam........... NY
1.............................. 36081 Queens........... NY
1.............................. 36085 Richmond......... NY
1.............................. 36087 Rockland......... NY
1.............................. 36103 Suffolk.......... NY
1.............................. 36105 Sullivan......... NY
1.............................. 36111 Ulster........... NY
1.............................. 36119 Westchester...... NY
1.............................. 42025 Carbon........... PA
1.............................. 42069 Lackawanna....... PA
1.............................. 42077 Lehigh........... PA
1.............................. 42079 Luzerne.......... PA
1.............................. 42089 Monroe........... PA
1.............................. 42095 Northampton...... PA
2.............................. 06029 Kern............. CA
2.............................. 06037 Los Angeles...... CA
2.............................. 06059 Orange........... CA
2.............................. 06065 Riverside........ CA
2.............................. 06071 San Bernardino... CA
2.............................. 06079 San Luis Obispo.. CA
2.............................. 06083 Santa Barbara.... CA
2.............................. 06111 Ventura.......... CA
3.............................. 17031 Cook............. IL
3.............................. 17043 DuPage........... IL
3.............................. 17063 Grundy........... IL
3.............................. 17089 Kane............. IL
3.............................. 17091 Kankakee......... IL
3.............................. 17093 Kendall.......... IL
3.............................. 17097 Lake............. IL
3.............................. 17111 McHenry.......... IL
3.............................. 17197 Will............. IL
3.............................. 18091 La Porte......... IN
3.............................. 18089 Lake............. IN
3.............................. 18127 Porter........... IN
4.............................. 06001 Alameda.......... CA
4.............................. 06013 Contra Costa..... CA
4.............................. 06041 Marin............ CA
4.............................. 06053 Monterey......... CA
4.............................. 06055 Napa............. CA
4.............................. 06075 San Francisco.... CA
4.............................. 06077 San Joaquin...... CA
4.............................. 06081 San Mateo........ CA
4.............................. 06085 Santa Clara...... CA
4.............................. 06087 Santa Cruz....... CA
4.............................. 06095 Solano........... CA
4.............................. 06097 Sonoma........... CA
4.............................. 06099 Stanislaus....... CA
[[Page 22866]]
5.............................. 11001 District of DC
Columbia.
5.............................. 24003 Anne Arundel..... MD
5.............................. 24005 Baltimore........ MD
5.............................. 24510 Baltimore City... MD
5.............................. 24009 Calvert.......... MD
5.............................. 24011 Caroline......... MD
5.............................. 24013 Carroll.......... MD
5.............................. 24017 Charles.......... MD
5.............................. 24019 Dorchester....... MD
5.............................. 24025 Harford.......... MD
5.............................. 24027 Howard........... MD
5.............................. 24029 Kent............. MD
5.............................. 24031 Montgomery....... MD
5.............................. 24033 Prince George's.. MD
5.............................. 24035 Queen Anne's..... MD
5.............................. 24037 St. Mary's....... MD
5.............................. 24041 Talbot........... MD
5.............................. 51510 Alexandria City.. VA
5.............................. 51013 Arlington........ VA
5.............................. 51059 Fairfax.......... VA
5.............................. 51600 Fairfax City..... VA
5.............................. 51610 Falls Church City VA
5.............................. 51107 Loudoun.......... VA
5.............................. 51683 Manassas City.... VA
5.............................. 51685 Manassas Park VA
City.
5.............................. 51153 Prince William... VA
6.............................. 10001 Kent............. DE
6.............................. 10003 New Castle....... DE
6.............................. 24015 Cecil............ MD
6.............................. 34001 Atlantic......... NJ
6.............................. 34005 Burlington....... NJ
6.............................. 34007 Camden........... NJ
6.............................. 34009 Cape May......... NJ
6.............................. 34011 Cumberland....... NJ
6.............................. 34015 Gloucester....... NJ
6.............................. 34033 Salem............ NJ
6.............................. 42011 Berks............ PA
6.............................. 42017 Bucks............ PA
6.............................. 42029 Chester.......... PA
6.............................. 42045 Delaware......... PA
6.............................. 42071 Lancaster........ PA
6.............................. 42091 Montgomery....... PA
6.............................. 42101 Philadelphia..... PA
7.............................. 25001 Barnstable....... MA
7.............................. 25005 Bristol.......... MA
7.............................. 25007 Dukes............ MA
7.............................. 25009 Essex............ MA
7.............................. 25017 Middlesex........ MA
7.............................. 25019 Nantucket........ MA
7.............................. 25021 Norfolk.......... MA
7.............................. 25023 Plymouth......... MA
7.............................. 25025 Suffolk.......... MA
7.............................. 25027 Worcester........ MA
7.............................. 44001 Bristol.......... RI
7.............................. 44003 Kent............. RI
7.............................. 44005 Newport.......... RI
7.............................. 44007 Providence....... RI
7.............................. 44009 Washington....... RI
8.............................. 48085 Collin........... TX
8.............................. 48113 Dallas........... TX
8.............................. 48121 Denton........... TX
8.............................. 48139 Ellis............ TX
8.............................. 48181 Grayson.......... TX
8.............................. 48221 Hood............. TX
8.............................. 48251 Johnson.......... TX
8.............................. 48257 Kaufman.......... TX
8.............................. 48367 Parker........... TX
8.............................. 48397 Rockwall......... TX
8.............................. 48439 Tarrant.......... TX
8.............................. 48497 Wise............. TX
9.............................. 12011 Broward.......... FL
9.............................. 12043 Glades........... FL
9.............................. 12051 Hendry........... FL
9.............................. 12061 Indian River..... FL
9.............................. 12085 Martin........... FL
9.............................. 12086 Miami-Dade....... FL
9.............................. 12087 Monroe........... FL
9.............................. 12093 Okeechobee....... FL
9.............................. 12099 Palm Beach....... FL
9.............................. 12111 St. Lucie........ FL
10............................. 48039 Brazoria......... TX
10............................. 48071 Chambers......... TX
10............................. 48157 Fort Bend........ TX
10............................. 48167 Galveston........ TX
10............................. 48201 Harris........... TX
10............................. 48291 Liberty.......... TX
10............................. 48339 Montgomery....... TX
10............................. 48473 Waller........... TX
11............................. 13011 Banks............ GA
11............................. 13013 Barrow........... GA
11............................. 13035 Butts............ GA
11............................. 13057 Cherokee......... GA
11............................. 13059 Clarke........... GA
11............................. 13063 Clayton.......... GA
11............................. 13067 Cobb............. GA
11............................. 13085 Dawson........... GA
11............................. 13089 DeKalb........... GA
11............................. 13097 Douglas.......... GA
11............................. 13105 Elbert........... GA
11............................. 13113 Fayette.......... GA
11............................. 13117 Forsyth.......... GA
11............................. 13119 Franklin......... GA
11............................. 13121 Fulton........... GA
11............................. 13133 Greene........... GA
11............................. 13135 Gwinnett......... GA
11............................. 13137 Habersham........ GA
11............................. 13139 Hall............. GA
11............................. 13147 Hart............. GA
11............................. 13151 Henry............ GA
11............................. 13157 Jackson.......... GA
11............................. 13159 Jasper........... GA
11............................. 13187 Lumpkin.......... GA
11............................. 13195 Madison.......... GA
11............................. 13211 Morgan........... GA
11............................. 13217 Newton........... GA
11............................. 13219 Oconee........... GA
11............................. 13221 Oglethorpe....... GA
11............................. 13223 Paulding......... GA
11............................. 13241 Rabun............ GA
11............................. 13247 Rockdale......... GA
11............................. 13257 Stephens......... GA
11............................. 13265 Taliaferro....... GA
11............................. 13297 Walton........... GA
11............................. 13311 White............ GA
12............................. 26049 Genesee.......... MI
12............................. 26087 Lapeer........... MI
12............................. 26093 Livingston....... MI
12............................. 26099 Macomb........... MI
12............................. 26125 Oakland.......... MI
12............................. 26155 Shiawassee....... MI
12............................. 26147 St. Clair........ MI
12............................. 26161 Washtenaw........ MI
12............................. 26163 Wayne............ MI
13............................. 12009 Brevard.......... FL
13............................. 12017 Citrus........... FL
13............................. 12035 Flagler.......... FL
13............................. 12049 Hardee........... FL
13............................. 12055 Highlands........ FL
13............................. 12069 Lake............. FL
13............................. 12083 Marion........... FL
13............................. 12095 Orange........... FL
13............................. 12097 Osceola.......... FL
13............................. 12105 Polk............. FL
13............................. 12117 Seminole......... FL
13............................. 12119 Sumter........... FL
13............................. 12127 Volusia.......... FL
14............................. 39007 Ashtabula........ OH
14............................. 39019 Carroll.......... OH
14............................. 39029 Columbiana....... OH
14............................. 39035 Cuyahoga......... OH
14............................. 39043 Erie............. OH
14............................. 39055 Geauga........... OH
14............................. 39077 Huron............ OH
14............................. 39085 Lake............. OH
14............................. 39093 Lorain........... OH
14............................. 39099 Mahoning......... OH
14............................. 39103 Medina........... OH
14............................. 39133 Portage.......... OH
14............................. 39151 Stark............ OH
14............................. 39153 Summit........... OH
14............................. 39155 Trumbull......... OH
14............................. 42085 Mercer........... PA
15............................. 04013 Maricopa......... AZ
16............................. 53009 Clallam.......... WA
16............................. 53031 Jefferson........ WA
16............................. 53033 King............. WA
16............................. 53035 Kitsap........... WA
16............................. 53053 Pierce........... WA
16............................. 53061 Snohomish........ WA
17............................. 27003 Anoka............ MN
17............................. 27009 Benton........... MN
17............................. 27019 Carver........... MN
17............................. 27025 Chisago.......... MN
17............................. 27037 Dakota........... MN
17............................. 27053 Hennepin......... MN
17............................. 27123 Ramsey........... MN
17............................. 27139 Scott............ MN
17............................. 27141 Sherburne........ MN
17............................. 27145 Stearns.......... MN
17............................. 27163 Washington....... MN
17............................. 27171 Wright........... MN
17............................. 55109 St. Croix........ WI
18............................. 06073 San Diego........ CA
19............................. 41003 Benton........... OR
19............................. 41005 Clackamas........ OR
19............................. 41007 Clatsop.......... OR
19............................. 41009 Columbia......... OR
19............................. 41041 Lincoln.......... OR
19............................. 41043 Linn............. OR
19............................. 41047 Marion........... OR
19............................. 41051 Multnomah........ OR
19............................. 41053 Polk............. OR
19............................. 41057 Tillamook........ OR
19............................. 41067 Washington....... OR
19............................. 41071 Yamhill.......... OR
19............................. 53011 Clark............ WA
19............................. 53015 Cowlitz.......... WA
19............................. 53069 Wahkiakum........ WA
20............................. 08001 Adams............ CO
20............................. 08005 Arapahoe......... CO
20............................. 08013 Boulder.......... CO
20............................. 08014 Broomfield....... CO
20............................. 08031 Denver........... CO
20............................. 08035 Douglas.......... CO
20............................. 08047 Gilpin........... CO
20............................. 08059 Jefferson........ CO
21............................. 12053 Hernando......... FL
21............................. 12057 Hillsborough..... FL
21............................. 12101 Pasco............ FL
21............................. 12103 Pinellas......... FL
[[Page 22867]]
22............................. 06005 Amador........... CA
22............................. 06007 Butte............ CA
22............................. 06011 Colusa........... CA
22............................. 06017 El Dorado........ CA
22............................. 06021 Glenn............ CA
22............................. 06057 Nevada........... CA
22............................. 06061 Placer........... CA
22............................. 06067 Sacramento....... CA
22............................. 06101 Sutter........... CA
22............................. 06113 Yolo............. CA
22............................. 06115 Yuba............. CA
23............................. 42003 Allegheny........ PA
23............................. 42005 Armstrong........ PA
23............................. 42007 Beaver........... PA
23............................. 42019 Butler........... PA
23............................. 42063 Indiana.......... PA
23............................. 42073 Lawrence......... PA
23............................. 42125 Washington....... PA
23............................. 42129 Westmoreland..... PA
24............................. 17005 Bond............. IL
24............................. 17027 Clinton.......... IL
24............................. 17121 Marion........... IL
24............................. 17133 Monroe........... IL
24............................. 17163 St. Clair........ IL
24............................. 29071 Franklin......... MO
24............................. 29099 Jefferson........ MO
24............................. 29183 St. Charles...... MO
24............................. 29189 St. Louis........ MO
24............................. 29510 St. Louis City... MO
25............................. 21015 Boone............ KY
25............................. 21023 Bracken.......... KY
25............................. 21037 Campbell......... KY
25............................. 21077 Gallatin......... KY
25............................. 21081 Grant............ KY
25............................. 21117 Kenton........... KY
25............................. 21135 Lewis............ KY
25............................. 21161 Mason............ KY
25............................. 21191 Pendleton........ KY
25............................. 39001 Adams............ OH
25............................. 39015 Brown............ OH
25............................. 39017 Butler........... OH
25............................. 39025 Clermont......... OH
25............................. 39027 Clinton.......... OH
25............................. 39061 Hamilton......... OH
25............................. 39071 Highland......... OH
25............................. 39165 Warren........... OH
26............................. 04015 Mohave........... AZ
26............................. 32003 Clark............ NV
27............................. 49011 Davis............ UT
27............................. 49035 Salt Lake........ UT
27............................. 49045 Tooele........... UT
27............................. 49049 Utah............. UT
27............................. 49057 Weber............ UT
28............................. 48013 Atascosa......... TX
28............................. 48029 Bexar............ TX
28............................. 48091 Comal............ TX
28............................. 48187 Guadalupe........ TX
29............................. 12001 Alachua.......... FL
29............................. 12003 Baker............ FL
29............................. 12007 Bradford......... FL
29............................. 12019 Clay............. FL
29............................. 12023 Columbia......... FL
29............................. 12029 Dixie............ FL
29............................. 12031 Duval............ FL
29............................. 12041 Gilchrist........ FL
29............................. 12047 Hamilton......... FL
29............................. 12067 Lafayette........ FL
29............................. 12075 Levy............. FL
29............................. 12089 Nassau........... FL
29............................. 12107 Putnam........... FL
29............................. 12109 St. Johns........ FL
29............................. 12121 Suwannee......... FL
29............................. 12125 Union............ FL
30............................. 20091 Johnson.......... KS
30............................. 20209 Wyandotte........ KS
30............................. 29037 Cass............. MO
30............................. 29047 Clay............. MO
30............................. 29095 Jackson.......... MO
30............................. 29165 Platte........... MO
30............................. 29177 Ray.............. MO
31............................. 18011 Boone............ IN
31............................. 18035 Delaware......... IN
31............................. 18057 Hamilton......... IN
31............................. 18063 Hendricks........ IN
31............................. 18081 Johnson.......... IN
31............................. 18095 Madison.......... IN
31............................. 18097 Marion........... IN
32............................. 21047 Christian........ KY
32............................. 47021 Cheatham......... TN
32............................. 47037 Davidson......... TN
32............................. 47043 Dickson.......... TN
32............................. 47125 Montgomery....... TN
32............................. 47147 Robertson........ TN
32............................. 47149 Rutherford....... TN
32............................. 47165 Sumner........... TN
32............................. 47187 Williamson....... TN
32............................. 47189 Wilson........... TN
33............................. 37053 Currituck........ NC
33............................. 51550 Chesapeake City.. VA
33............................. 51620 Franklin City.... VA
33............................. 51073 Gloucester....... VA
33............................. 51650 Hampton City..... VA
33............................. 51093 Isle of Wight.... VA
33............................. 51095 James City....... VA
33............................. 51115 Mathews.......... VA
33............................. 51700 Newport News City VA
33............................. 51710 Norfolk City..... VA
33............................. 51735 Poquoson City.... VA
33............................. 51740 Portsmouth City.. VA
33............................. 51175 Southampton...... VA
33............................. 51800 Suffolk City..... VA
33............................. 51181 Surry............ VA
33............................. 51810 Virginia Beach VA
City.
33............................. 51830 Williamsburg City VA
33............................. 51199 York............. VA
34............................. 06019 Fresno........... CA
34............................. 06031 Kings............ CA
34............................. 06039 Madera........... CA
34............................. 06107 Tulare........... CA
35............................. 48209 Hays............. TX
35............................. 48331 Milam............ TX
35............................. 48453 Travis........... TX
35............................. 48491 Williamson....... TX
36............................. 22051 Jefferson Parish. LA
36............................. 22057 Lafourche Parish. LA
36............................. 22071 Orleans Parish... LA
36............................. 22075 Plaquemines LA
Parish.
36............................. 22087 St. Bernard LA
Parish.
36............................. 22089 St. Charles LA
Parish.
36............................. 22093 St. James Parish. LA
36............................. 22095 St. John the LA
Baptist Parish.
36............................. 22103 St. Tammany LA
Parish.
36............................. 22105 Tangipahoa Parish LA
36............................. 22109 Terrebonne Parish LA
36............................. 22117 Washington Parish LA
36............................. 28109 Pearl River...... MS
37............................. 39041 Delaware......... OH
37............................. 39045 Fairfield........ OH
37............................. 39049 Franklin......... OH
37............................. 39097 Madison.......... OH
37............................. 39129 Pickaway......... OH
38............................. 55079 Milwaukee........ WI
38............................. 55089 Ozaukee.......... WI
38............................. 55131 Washington....... WI
38............................. 55133 Waukesha......... WI
39............................. 40017 Canadian......... OK
39............................. 40027 Cleveland........ OK
39............................. 40031 Comanche......... OK
39............................. 40051 Grady............ OK
39............................. 40081 Lincoln.......... OK
39............................. 40083 Logan............ OK
39............................. 40087 McClain.......... OK
39............................. 40109 Oklahoma......... OK
39............................. 40125 Pottawatomie..... OK
40............................. 01015 Calhoun.......... AL
40............................. 01073 Jefferson........ AL
40............................. 01117 Shelby........... AL
40............................. 01115 St. Clair........ AL
40............................. 01121 Talladega........ AL
40............................. 01125 Tuscaloosa....... AL
40............................. 01127 Walker........... AL
41............................. 36011 Cayuga........... NY
41............................. 36017 Chenango......... NY
41............................. 36023 Cortland......... NY
41............................. 36025 Delaware......... NY
41............................. 36043 Herkimer......... NY
41............................. 36053 Madison.......... NY
41............................. 36065 Oneida........... NY
41............................. 36067 Onondaga......... NY
41............................. 36075 Oswego........... NY
41............................. 36077 Otsego........... NY
41............................. 36097 Schuyler......... NY
41............................. 36109 Tompkins......... NY
42............................. 15001 Hawaii........... HI
42............................. 15003 Honolulu......... HI
42............................. 15005 Kalawao.......... HI
42............................. 15007 Kauai............ HI
42............................. 15009 Maui............. HI
43............................. 37071 Gaston........... NC
43............................. 37119 Mecklenburg...... NC
43............................. 37179 Union............ NC
44............................. 36037 Genesee.......... NY
44............................. 36051 Livingston....... NY
44............................. 36055 Monroe........... NY
44............................. 36069 Ontario.......... NY
44............................. 36073 Orleans.......... NY
44............................. 36099 Seneca........... NY
44............................. 36101 Steuben.......... NY
44............................. 36117 Wayne............ NY
44............................. 36121 Wyoming.......... NY
44............................. 36123 Yates............ NY
45............................. 37063 Durham........... NC
45............................. 37135 Orange........... NC
45............................. 37183 Wake............. NC
46............................. 05005 Baxter........... AR
46............................. 05009 Boone............ AR
46............................. 05015 Carroll.......... AR
46............................. 05023 Cleburne......... AR
46............................. 05029 Conway........... AR
46............................. 05045 Faulkner......... AR
[[Page 22868]]
46............................. 05049 Fulton........... AR
46............................. 05063 Independence..... AR
46............................. 05065 Izard............ AR
46............................. 05067 Jackson.......... AR
46............................. 05069 Jefferson........ AR
46............................. 05071 Johnson.......... AR
46............................. 05085 Lonoke........... AR
46............................. 05089 Marion........... AR
46............................. 05101 Newton........... AR
46............................. 05105 Perry............ AR
46............................. 05115 Pope............. AR
46............................. 05117 Prairie.......... AR
46............................. 05119 Pulaski.......... AR
46............................. 05125 Saline........... AR
46............................. 05129 Searcy........... AR
46............................. 05135 Sharp............ AR
46............................. 05137 Stone............ AR
46............................. 05141 Van Buren........ AR
46............................. 05145 White............ AR
46............................. 05147 Woodruff......... AR
46............................. 05149 Yell............. AR
47............................. 48061 Cameron.......... TX
47............................. 48215 Hidalgo.......... TX
47............................. 48427 Starr............ TX
47............................. 48489 Willacy.......... TX
48............................. 42001 Adams............ PA
48............................. 42041 Cumberland....... PA
48............................. 42043 Dauphin.......... PA
48............................. 42067 Juniata.......... PA
48............................. 42075 Lebanon.......... PA
48............................. 42099 Perry............ PA
48............................. 42133 York............. PA
49............................. 36001 Albany........... NY
49............................. 36021 Columbia......... NY
49............................. 36035 Fulton........... NY
49............................. 36039 Greene........... NY
49............................. 36041 Hamilton......... NY
49............................. 36057 Montgomery....... NY
49............................. 36083 Rensselaer....... NY
49............................. 36091 Saratoga......... NY
49............................. 36093 Schenectady...... NY
49............................. 36095 Schoharie........ NY
49............................. 36113 Warren........... NY
49............................. 36115 Washington....... NY
50............................. 37149 Polk............. NC
50............................. 45007 Anderson......... SC
50............................. 45021 Cherokee......... SC
50............................. 45045 Greenville....... SC
50............................. 45073 Oconee........... SC
50............................. 45077 Pickens.......... SC
50............................. 45083 Spartanburg...... SC
50............................. 45087 Union............ SC
51............................. 18019 Clark............ IN
51............................. 18043 Floyd............ IN
51............................. 18077 Jefferson........ IN
51............................. 18143 Scott............ IN
51............................. 21029 Bullitt.......... KY
51............................. 21041 Carroll.......... KY
51............................. 21103 Henry............ KY
51............................. 21111 Jefferson........ KY
51............................. 21185 Oldham........... KY
51............................. 21211 Shelby........... KY
51............................. 21223 Trimble.......... KY
52............................. 21019 Boyd............. KY
52............................. 21043 Carter........... KY
52............................. 21063 Elliott.......... KY
52............................. 21089 Greenup.......... KY
52............................. 39053 Gallia........... OH
52............................. 39087 Lawrence......... OH
52............................. 39105 Meigs............ OH
52............................. 39167 Washington....... OH
52............................. 54005 Boone............ WV
52............................. 54007 Braxton.......... WV
52............................. 54011 Cabell........... WV
52............................. 54013 Calhoun.......... WV
52............................. 54015 Clay............. WV
52............................. 54019 Fayette.......... WV
52............................. 54021 Gilmer........... WV
52............................. 54035 Jackson.......... WV
52............................. 54039 Kanawha.......... WV
52............................. 54043 Lincoln.......... WV
52............................. 54045 Logan............ WV
52............................. 54053 Mason............ WV
52............................. 54067 Nicholas......... WV
52............................. 54073 Pleasants........ WV
52............................. 54079 Putnam........... WV
52............................. 54081 Raleigh.......... WV
52............................. 54085 Ritchie.......... WV
52............................. 54087 Roane............ WV
52............................. 54089 Summers.......... WV
52............................. 54099 Wayne............ WV
52............................. 54101 Webster.......... WV
52............................. 54105 Wirt............. WV
52............................. 54107 Wood............. WV
52............................. 54109 Wyoming.......... WV
53............................. 04003 Cochise.......... AZ
53............................. 04019 Pima............. AZ
53............................. 04023 Santa Cruz....... AZ
54............................. 36029 Erie............. NY
54............................. 36063 Niagara.......... NY
55............................. 01033 Colbert.......... AL
55............................. 01049 DeKalb........... AL
55............................. 01055 Etowah........... AL
55............................. 01059 Franklin......... AL
55............................. 01071 Jackson.......... AL
55............................. 01077 Lauderdale....... AL
55............................. 01079 Lawrence......... AL
55............................. 01083 Limestone........ AL
55............................. 01089 Madison.......... AL
55............................. 01095 Marshall......... AL
55............................. 01103 Morgan........... AL
55............................. 47103 Lincoln.......... TN
56............................. 26005 Allegan.......... MI
56............................. 26015 Barry............ MI
56............................. 26023 Branch........... MI
56............................. 26025 Calhoun.......... MI
56............................. 26067 Ionia............ MI
56............................. 26077 Kalamazoo........ MI
56............................. 26107 Mecosta.......... MI
56............................. 26117 Montcalm......... MI
56............................. 26121 Muskegon......... MI
56............................. 26123 Newaygo.......... MI
56............................. 26127 Oceana........... MI
56............................. 26159 Van Buren........ MI
57............................. 51036 Charles City..... VA
57............................. 51041 Chesterfield..... VA
57............................. 51057 Essex............ VA
57............................. 51075 Goochland........ VA
57............................. 51085 Hanover.......... VA
57............................. 51087 Henrico.......... VA
57............................. 51097 King and Queen... VA
57............................. 51101 King William..... VA
57............................. 51103 Lancaster........ VA
57............................. 51119 Middlesex........ VA
57............................. 51127 New Kent......... VA
57............................. 51133 Northumberland... VA
57............................. 51145 Powhatan......... VA
57............................. 51159 Richmond......... VA
57............................. 51760 Richmond City.... VA
58............................. 17023 Clark............ IL
58............................. 18007 Benton........... IN
58............................. 18015 Carroll.......... IN
58............................. 18017 Cass............. IN
58............................. 18021 Clay............. IN
58............................. 18023 Clinton.......... IN
58............................. 18045 Fountain......... IN
58............................. 18055 Greene........... IN
58............................. 18067 Howard........... IN
58............................. 18093 Lawrence......... IN
58............................. 18103 Miami............ IN
58............................. 18105 Monroe........... IN
58............................. 18107 Montgomery....... IN
58............................. 18109 Morgan........... IN
58............................. 18117 Orange........... IN
58............................. 18119 Owen............. IN
58............................. 18121 Parke............ IN
58............................. 18133 Putnam........... IN
58............................. 18153 Sullivan......... IN
58............................. 18157 Tippecanoe....... IN
58............................. 18159 Tipton........... IN
58............................. 18165 Vermillion....... IN
58............................. 18167 Vigo............. IN
58............................. 18171 Warren........... IN
58............................. 18181 White............ IN
59............................. 05035 Crittenden....... AR
59............................. 47157 Shelby........... TN
59............................. 47167 Tipton........... TN
60............................. 33001 Belknap.......... NH
60............................. 33011 Hillsborough..... NH
60............................. 33013 Merrimack........ NH
60............................. 33015 Rockingham....... NH
60............................. 33017 Strafford........ NH
61............................. 39039 Defiance......... OH
61............................. 39051 Fulton........... OH
61............................. 39063 Hancock.......... OH
61............................. 39065 Hardin........... OH
61............................. 39069 Henry............ OH
61............................. 39095 Lucas............ OH
61............................. 39123 Ottawa........... OH
61............................. 39125 Paulding......... OH
61............................. 39143 Sandusky......... OH
61............................. 39147 Seneca........... OH
61............................. 39171 Williams......... OH
61............................. 39173 Wood............. OH
61............................. 39175 Wyandot.......... OH
62............................. 39021 Champaign........ OH
62............................. 39023 Clark............ OH
62............................. 39057 Greene........... OH
62............................. 39109 Miami............ OH
62............................. 39113 Montgomery....... OH
62............................. 39135 Preble........... OH
63............................. 40021 Cherokee......... OK
63............................. 40037 Creek............ OK
63............................. 40097 Mayes............ OK
63............................. 40113 Osage............ OK
63............................. 40131 Rogers........... OK
63............................. 40143 Tulsa............ OK
63............................. 40145 Wagoner.......... OK
64............................. 18039 Elkhart.......... IN
64............................. 18049 Fulton........... IN
64............................. 18085 Kosciusko........ IN
64............................. 18087 Lagrange......... IN
64............................. 18099 Marshall......... IN
64............................. 18131 Pulaski.......... IN
64............................. 18141 St. Joseph....... IN
64............................. 18149 Starke........... IN
64............................. 26021 Berrien.......... MI
64............................. 26027 Cass............. MI
64............................. 26149 St. Joseph....... MI
65............................. 12021 Collier.......... FL
65............................. 12071 Lee.............. FL
66............................. 26037 Clinton.......... MI
66............................. 26045 Eaton............ MI
[[Page 22869]]
66............................. 26059 Hillsdale........ MI
66............................. 26065 Ingham........... MI
66............................. 26075 Jackson.......... MI
66............................. 26091 Lenawee.......... MI
66............................. 26115 Monroe........... MI
67............................. 12015 Charlotte........ FL
67............................. 12027 DeSoto........... FL
67............................. 12081 Manatee.......... FL
67............................. 12115 Sarasota......... FL
68............................. 26081 Kent............. MI
68............................. 26139 Ottawa........... MI
69............................. 25003 Berkshire........ MA
69............................. 25011 Franklin......... MA
69............................. 25013 Hampden.......... MA
69............................. 25015 Hampshire........ MA
69............................. 50003 Bennington....... VT
70............................. 06015 Del Norte........ CA
70............................. 41011 Coos............. OR
70............................. 41015 Curry............ OR
70............................. 41019 Douglas.......... OR
70............................. 41029 Jackson.......... OR
70............................. 41033 Josephine........ OR
70............................. 41039 Lane............. OR
71............................. 47001 Anderson......... TN
71............................. 47009 Blount........... TN
71............................. 47013 Campbell......... TN
71............................. 47093 Knox............. TN
71............................. 47105 Loudon........... TN
71............................. 47129 Morgan........... TN
71............................. 47145 Roane............ TN
71............................. 47151 Scott............ TN
71............................. 47173 Union............ TN
72............................. 12005 Bay.............. FL
72............................. 12013 Calhoun.......... FL
72............................. 12037 Franklin......... FL
72............................. 12039 Gadsden.......... FL
72............................. 12045 Gulf............. FL
72............................. 12063 Jackson.......... FL
72............................. 12065 Jefferson........ FL
72............................. 12073 Leon............. FL
72............................. 12077 Liberty.......... FL
72............................. 12079 Madison.......... FL
72............................. 12123 Taylor........... FL
72............................. 12129 Wakulla.......... FL
72............................. 13087 Decatur.......... GA
72............................. 13099 Early............ GA
72............................. 13131 Grady............ GA
72............................. 13201 Miller........... GA
72............................. 13253 Seminole......... GA
72............................. 13275 Thomas........... GA
73............................. 48141 El Paso.......... TX
74............................. 13047 Catoosa.......... GA
74............................. 13083 Dade............. GA
74............................. 13295 Walker........... GA
74............................. 47007 Bledsoe.......... TN
74............................. 47011 Bradley.......... TN
74............................. 47065 Hamilton......... TN
74............................. 47115 Marion........... TN
74............................. 47107 McMinn........... TN
74............................. 47121 Meigs............ TN
74............................. 47123 Monroe........... TN
74............................. 47139 Polk............. TN
74............................. 47143 Rhea............. TN
74............................. 47153 Sequatchie....... TN
75............................. 35001 Bernalillo....... NM
75............................. 35043 Sandoval......... NM
76............................. 06003 Alpine........... CA
76............................. 06027 Inyo............. CA
76............................. 06035 Lassen........... CA
76............................. 06051 Mono............. CA
76............................. 06063 Plumas........... CA
76............................. 06091 Sierra........... CA
76............................. 32510 Carson City...... NV
76............................. 32001 Churchill........ NV
76............................. 32005 Douglas.......... NV
76............................. 32007 Elko............. NV
76............................. 32011 Eureka........... NV
76............................. 32013 Humboldt......... NV
76............................. 32015 Lander........... NV
76............................. 32019 Lyon............. NV
76............................. 32027 Pershing......... NV
76............................. 32029 Storey........... NV
76............................. 32031 Washoe........... NV
76............................. 32033 White Pine....... NV
77............................. 23001 Androscoggin..... ME
77............................. 23005 Cumberland....... ME
77............................. 23007 Franklin......... ME
77............................. 23013 Knox............. ME
77............................. 23015 Lincoln.......... ME
77............................. 23017 Oxford........... ME
77............................. 23023 Sagadahoc........ ME
77............................. 23031 York............. ME
78............................. 37001 Alamance......... NC
78............................. 37081 Guilford......... NC
78............................. 37151 Randolph......... NC
79............................. 28001 Adams............ MS
79............................. 28005 Amite............ MS
79............................. 28021 Claiborne........ MS
79............................. 28023 Clarke........... MS
79............................. 28029 Copiah........... MS
79............................. 28031 Covington........ MS
79............................. 28035 Forrest.......... MS
79............................. 28037 Franklin......... MS
79............................. 28041 Greene........... MS
79............................. 28061 Jasper........... MS
79............................. 28063 Jefferson........ MS
79............................. 28065 Jefferson Davis.. MS
79............................. 28067 Jones............ MS
79............................. 28069 Kemper........... MS
79............................. 28073 Lamar............ MS
79............................. 28075 Lauderdale....... MS
79............................. 28077 Lawrence......... MS
79............................. 28079 Leake............ MS
79............................. 28085 Lincoln.......... MS
79............................. 28091 Marion........... MS
79............................. 28099 Neshoba.......... MS
79............................. 28101 Newton........... MS
79............................. 28111 Perry............ MS
79............................. 28113 Pike............. MS
79............................. 28123 Scott............ MS
79............................. 28127 Simpson.......... MS
79............................. 28129 Smith............ MS
79............................. 28147 Walthall......... MS
79............................. 28153 Wayne............ MS
80............................. 19155 Pottawattamie.... IA
80............................. 31055 Douglas.......... NE
80............................. 31153 Sarpy............ NE
81............................. 26001 Alcona........... MI
81............................. 26011 Arenac........... MI
81............................. 26017 Bay.............. MI
81............................. 26035 Clare............ MI
81............................. 26051 Gladwin.......... MI
81............................. 26057 Gratiot.......... MI
81............................. 26063 Huron............ MI
81............................. 26069 Iosco............ MI
81............................. 26073 Isabella......... MI
81............................. 26111 Midland.......... MI
81............................. 26129 Ogemaw........... MI
81............................. 26145 Saginaw.......... MI
81............................. 26151 Sanilac.......... MI
81............................. 26157 Tuscola.......... MI
82............................. 22005 Ascension Parish. LA
82............................. 22007 Assumption Parish LA
82............................. 22033 East Baton Rouge LA
Parish.
82............................. 22047 Iberville Parish. LA
82............................. 22063 Livingston Parish LA
82............................. 22121 West Baton Rouge LA
Parish.
83............................. 18001 Adams............ IN
83............................. 18003 Allen............ IN
83............................. 18009 Blackford........ IN
83............................. 18033 De Kalb.......... IN
83............................. 18053 Grant............ IN
83............................. 18069 Huntington....... IN
83............................. 18075 Jay.............. IN
83............................. 18113 Noble............ IN
83............................. 18151 Steuben.......... IN
83............................. 18169 Wabash........... IN
83............................. 18179 Wells............ IN
83............................. 18183 Whitley.......... IN
84............................. 01003 Baldwin.......... AL
84............................. 01025 Clarke........... AL
84............................. 01035 Conecuh.......... AL
84............................. 01053 Escambia......... AL
84............................. 01097 Mobile........... AL
84............................. 01099 Monroe........... AL
84............................. 01129 Washington....... AL
84............................. 01131 Wilcox........... AL
85............................. 45015 Berkeley......... SC
85............................. 45019 Charleston....... SC
85............................. 45029 Colleton......... SC
85............................. 45035 Dorchester....... SC
86............................. 21005 Anderson......... KY
86............................. 21011 Bath............. KY
86............................. 21017 Bourbon.......... KY
86............................. 21049 Clark............ KY
86............................. 21067 Fayette.......... KY
86............................. 21069 Fleming.......... KY
86............................. 21073 Franklin......... KY
86............................. 21097 Harrison......... KY
86............................. 21113 Jessamine........ KY
86............................. 21165 Menifee.......... KY
86............................. 21167 Mercer........... KY
86............................. 21173 Montgomery....... KY
86............................. 21181 Nicholas......... KY
86............................. 21187 Owen............. KY
86............................. 21201 Robertson........ KY
86............................. 21205 Rowan............ KY
86............................. 21209 Scott............ KY
86............................. 21239 Woodford......... KY
87............................. 12033 Escambia......... FL
87............................. 12091 Okaloosa......... FL
87............................. 12113 Santa Rosa....... FL
87............................. 12131 Walton........... FL
88............................. 24001 Allegany......... MD
88............................. 24021 Frederick........ MD
88............................. 24023 Garrett.......... MD
88............................. 24043 Washington....... MD
88............................. 42055 Franklin......... PA
88............................. 42057 Fulton........... PA
88............................. 54057 Mineral.......... WV
89............................. 45063 Lexington........ SC
89............................. 45079 Richland......... SC
90............................. 22025 Catahoula Parish. LA
90............................. 22029 Concordia Parish. LA
90............................. 22065 Madison Parish... LA
90............................. 22107 Tensas Parish.... LA
90............................. 28007 Attala........... MS
[[Page 22870]]
90............................. 28049 Hinds............ MS
90............................. 28051 Holmes........... MS
90............................. 28089 Madison.......... MS
90............................. 28121 Rankin........... MS
90............................. 28149 Warren........... MS
90............................. 28163 Yazoo............ MS
91............................. 08041 El Paso.......... CO
91............................. 08119 Teller........... CO
92............................. 17019 Champaign........ IL
92............................. 17025 Clay............. IL
92............................. 17029 Coles............ IL
92............................. 17035 Cumberland....... IL
92............................. 17041 Douglas.......... IL
92............................. 17045 Edgar............ IL
92............................. 17049 Effingham........ IL
92............................. 17051 Fayette.......... IL
92............................. 17053 Ford............. IL
92............................. 17079 Jasper........... IL
92............................. 17115 Macon............ IL
92............................. 17139 Moultrie......... IL
92............................. 17147 Piatt............ IL
92............................. 17173 Shelby........... IL
92............................. 17183 Vermilion........ IL
93............................. 22001 Acadia Parish.... LA
93............................. 22039 Evangeline Parish LA
93............................. 22045 Iberia Parish.... LA
93............................. 22055 Lafayette Parish. LA
93............................. 22097 St. Landry Parish LA
93............................. 22099 St. Martin Parish LA
93............................. 22101 St. Mary Parish.. LA
93............................. 22113 Vermilion Parish. LA
94............................. 48027 Bell............. TX
94............................. 48099 Coryell.......... TX
94............................. 48145 Falls............ TX
94............................. 48309 McLennan......... TX
95............................. 21025 Breathitt........ KY
95............................. 21065 Estill........... KY
95............................. 21071 Floyd............ KY
95............................. 21109 Jackson.......... KY
95............................. 21115 Johnson.......... KY
95............................. 21119 Knott............ KY
95............................. 21127 Lawrence......... KY
95............................. 21129 Lee.............. KY
95............................. 21133 Letcher.......... KY
95............................. 21153 Magoffin......... KY
95............................. 21159 Martin........... KY
95............................. 21175 Morgan........... KY
95............................. 21189 Owsley........... KY
95............................. 21193 Perry............ KY
95............................. 21195 Pike............. KY
95............................. 21197 Powell........... KY
95............................. 21237 Wolfe............ KY
95............................. 51021 Bland............ VA
95............................. 51027 Buchanan......... VA
95............................. 51051 Dickenson........ VA
95............................. 51105 Lee.............. VA
95............................. 51720 Norton City...... VA
95............................. 51167 Russell.......... VA
95............................. 51185 Tazewell......... VA
95............................. 51195 Wise............. VA
95............................. 54047 McDowell......... WV
95............................. 54055 Mercer........... WV
95............................. 54059 Mingo............ WV
96............................. 21001 Adair............ KY
96............................. 21013 Bell............. KY
96............................. 21021 Boyle............ KY
96............................. 21045 Casey............ KY
96............................. 21051 Clay............. KY
96............................. 21053 Clinton.......... KY
96............................. 21079 Garrard.......... KY
96............................. 21087 Green............ KY
96............................. 21095 Harlan........... KY
96............................. 21121 Knox............. KY
96............................. 21125 Laurel........... KY
96............................. 21131 Leslie........... KY
96............................. 21137 Lincoln.......... KY
96............................. 21151 Madison.......... KY
96............................. 21147 McCreary......... KY
96............................. 21199 Pulaski.......... KY
96............................. 21203 Rockcastle....... KY
96............................. 21207 Russell.......... KY
96............................. 21217 Taylor........... KY
96............................. 21231 Wayne............ KY
96............................. 21235 Whitley.......... KY
96............................. 47025 Claiborne........ TN
97............................. 19143 Osceola.......... IA
97............................. 27013 Blue Earth....... MN
97............................. 27015 Brown............ MN
97............................. 27023 Chippewa......... MN
97............................. 27033 Cottonwood....... MN
97............................. 27043 Faribault........ MN
97............................. 27047 Freeborn......... MN
97............................. 27063 Jackson.......... MN
97............................. 27067 Kandiyohi........ MN
97............................. 27073 Lac qui Parle.... MN
97............................. 27079 Le Sueur......... MN
97............................. 27081 Lincoln.......... MN
97............................. 27083 Lyon............. MN
97............................. 27091 Martin........... MN
97............................. 27085 McLeod........... MN
97............................. 27093 Meeker........... MN
97............................. 27101 Murray........... MN
97............................. 27103 Nicollet......... MN
97............................. 27105 Nobles........... MN
97............................. 27127 Redwood.......... MN
97............................. 27129 Renville......... MN
97............................. 27131 Rice............. MN
97............................. 27143 Sibley........... MN
97............................. 27147 Steele........... MN
97............................. 27161 Waseca........... MN
97............................. 27165 Watonwan......... MN
97............................. 27173 Yellow Medicine.. MN
98............................. 47019 Carter........... TN
98............................. 47059 Greene........... TN
98............................. 47073 Hawkins.......... TN
98............................. 47163 Sullivan......... TN
98............................. 47171 Unicoi........... TN
98............................. 47179 Washington....... TN
98............................. 51520 Bristol City..... VA
98............................. 51169 Scott............ VA
98............................. 51173 Smyth............ VA
98............................. 51191 Washington....... VA
99............................. 28003 Alcorn........... MS
99............................. 28013 Calhoun.......... MS
99............................. 28017 Chickasaw........ MS
99............................. 28019 Choctaw.......... MS
99............................. 28025 Clay............. MS
99............................. 28043 Grenada.......... MS
99............................. 28057 Itawamba......... MS
99............................. 28081 Lee.............. MS
99............................. 28087 Lowndes.......... MS
99............................. 28095 Monroe........... MS
99............................. 28097 Montgomery....... MS
99............................. 28103 Noxubee.......... MS
99............................. 28105 Oktibbeha........ MS
99............................. 28115 Pontotoc......... MS
99............................. 28117 Prentiss......... MS
99............................. 28139 Tippah........... MS
99............................. 28141 Tishomingo....... MS
99............................. 28145 Union............ MS
99............................. 28155 Webster.......... MS
99............................. 28159 Winston.......... MS
99............................. 47071 Hardin........... TN
99............................. 47109 McNairy.......... TN
100............................ 37013 Beaufort......... NC
100............................ 37031 Carteret......... NC
100............................ 37049 Craven........... NC
100............................ 37055 Dare............. NC
100............................ 37079 Greene........... NC
100............................ 37095 Hyde............. NC
100............................ 37103 Jones............ NC
100............................ 37107 Lenoir........... NC
100............................ 37117 Martin........... NC
100............................ 37137 Pamlico.......... NC
100............................ 37147 Pitt............. NC
100............................ 37177 Tyrrell.......... NC
100............................ 37187 Washington....... NC
101............................ 20015 Butler........... KS
101............................ 20173 Sedgwick......... KS
102............................ 08015 Chaffee.......... CO
102............................ 08019 Clear Creek...... CO
102............................ 08027 Custer........... CO
102............................ 08029 Delta............ CO
102............................ 08037 Eagle............ CO
102............................ 08043 Fremont.......... CO
102............................ 08045 Garfield......... CO
102............................ 08049 Grand............ CO
102............................ 08051 Gunnison......... CO
102............................ 08053 Hinsdale......... CO
102............................ 08057 Jackson.......... CO
102............................ 08065 Lake............. CO
102............................ 08077 Mesa............. CO
102............................ 08081 Moffat........... CO
102............................ 08085 Montrose......... CO
102............................ 08091 Ouray............ CO
102............................ 08093 Park............. CO
102............................ 08097 Pitkin........... CO
102............................ 08103 Rio Blanco....... CO
102............................ 08107 Routt............ CO
102............................ 08113 San Miguel....... CO
102............................ 08117 Summit........... CO
103............................ 51043 Clarke........... VA
103............................ 51061 Fauquier......... VA
103............................ 51069 Frederick........ VA
103............................ 51139 Page............. VA
103............................ 51157 Rappahannock..... VA
103............................ 51171 Shenandoah....... VA
103............................ 51187 Warren........... VA
103............................ 51840 Winchester City.. VA
103............................ 54003 Berkeley......... WV
103............................ 54023 Grant............ WV
103............................ 54027 Hampshire........ WV
103............................ 54031 Hardy............ WV
103............................ 54037 Jefferson........ WV
103............................ 54065 Morgan........... WV
103............................ 54083 Randolph......... WV
103............................ 54093 Tucker........... WV
104............................ 08069 Larimer.......... CO
104............................ 08123 Weld............. CO
105............................ 13073 Columbia......... GA
105............................ 13181 Lincoln.......... GA
105............................ 13189 McDuffie......... GA
105............................ 13245 Richmond......... GA
105............................ 13317 Wilkes........... GA
105............................ 45003 Aiken............ SC
105............................ 45037 Edgefield........ SC
106............................ 39009 Athens........... OH
106............................ 39047 Fayette.......... OH
106............................ 39059 Guernsey......... OH
106............................ 39073 Hocking.......... OH
106............................ 39079 Jackson.......... OH
[[Page 22871]]
106............................ 39115 Morgan........... OH
106............................ 39119 Muskingum........ OH
106............................ 39121 Noble............ OH
106............................ 39127 Perry............ OH
106............................ 39131 Pike............. OH
106............................ 39141 Ross............. OH
106............................ 39145 Scioto........... OH
106............................ 39163 Vinton........... OH
107............................ 23003 Aroostook........ ME
107............................ 23009 Hancock.......... ME
107............................ 23011 Kennebec......... ME
107............................ 23019 Penobscot........ ME
107............................ 23021 Piscataquis...... ME
107............................ 23025 Somerset......... ME
107............................ 23027 Waldo............ ME
107............................ 23029 Washington....... ME
108............................ 19049 Dallas........... IA
108............................ 19153 Polk............. IA
108............................ 19181 Warren........... IA
109............................ 37065 Edgecombe........ NC
109............................ 37069 Franklin......... NC
109............................ 37077 Granville........ NC
109............................ 37083 Halifax.......... NC
109............................ 37127 Nash............. NC
109............................ 37131 Northampton...... NC
109............................ 37145 Person........... NC
109............................ 37181 Vance............ NC
109............................ 37185 Warren........... NC
109............................ 37195 Wilson........... NC
110............................ 21075 Fulton........... KY
110............................ 21105 Hickman.......... KY
110............................ 47005 Benton........... TN
110............................ 47017 Carroll.......... TN
110............................ 47023 Chester.......... TN
110............................ 47033 Crockett......... TN
110............................ 47039 Decatur.......... TN
110............................ 47045 Dyer............. TN
110............................ 47047 Fayette.......... TN
110............................ 47053 Gibson........... TN
110............................ 47069 Hardeman......... TN
110............................ 47075 Haywood.......... TN
110............................ 47077 Henderson........ TN
110............................ 47079 Henry............ TN
110............................ 47095 Lake............. TN
110............................ 47097 Lauderdale....... TN
110............................ 47113 Madison.......... TN
110............................ 47131 Obion............ TN
110............................ 47183 Weakley.......... TN
111............................ 05007 Benton........... AR
111............................ 05087 Madison.......... AR
111............................ 05143 Washington....... AR
111............................ 29119 McDonald......... MO
111............................ 40001 Adair............ OK
111............................ 40041 Delaware......... OK
112............................ 21003 Allen............ KY
112............................ 21009 Barren........... KY
112............................ 21031 Butler........... KY
112............................ 21057 Cumberland....... KY
112............................ 21061 Edmonson......... KY
112............................ 21099 Hart............. KY
112............................ 21141 Logan............ KY
112............................ 21169 Metcalfe......... KY
112............................ 21171 Monroe........... KY
112............................ 21213 Simpson.......... KY
112............................ 21219 Todd............. KY
112............................ 21227 Warren........... KY
112............................ 47027 Clay............. TN
112............................ 47035 Cumberland....... TN
112............................ 47049 Fentress......... TN
112............................ 47087 Jackson.......... TN
112............................ 47111 Macon............ TN
112............................ 47133 Overton.......... TN
112............................ 47137 Pickett.......... TN
112............................ 47141 Putnam........... TN
112............................ 47169 Trousdale........ TN
113............................ 42031 Clarion.......... PA
113............................ 42039 Crawford......... PA
113............................ 42049 Erie............. PA
113............................ 42053 Forest........... PA
113............................ 42121 Venango.......... PA
113............................ 42123 Warren........... PA
114............................ 42051 Fayette.......... PA
114............................ 42059 Greene........... PA
114............................ 54001 Barbour.......... WV
114............................ 54017 Doddridge........ WV
114............................ 54033 Harrison......... WV
114............................ 54041 Lewis............ WV
114............................ 54049 Marion........... WV
114............................ 54061 Monongalia....... WV
114............................ 54077 Preston.......... WV
114............................ 54091 Taylor........... WV
114............................ 54097 Upshur........... WV
115............................ 37021 Buncombe......... NC
115............................ 37087 Haywood.......... NC
115............................ 37089 Henderson........ NC
115............................ 37099 Jackson.......... NC
115............................ 37115 Madison.......... NC
115............................ 37173 Swain............ NC
115............................ 37175 Transylvania..... NC
116............................ 17007 Boone............ IL
116............................ 17201 Winnebago........ IL
116............................ 55105 Rock............. WI
117............................ 13045 Carroll.......... GA
117............................ 13077 Coweta........... GA
117............................ 13143 Haralson......... GA
117............................ 13149 Heard............ GA
117............................ 13171 Lamar............ GA
117............................ 13199 Meriwether....... GA
117............................ 13231 Pike............. GA
117............................ 13255 Spalding......... GA
117............................ 13263 Talbot........... GA
117............................ 13285 Troup............ GA
117............................ 13293 Upson............ GA
118............................ 18005 Bartholomew...... IN
118............................ 18013 Brown............ IN
118............................ 18031 Decatur.......... IN
118............................ 18041 Fayette.......... IN
118............................ 18059 Hancock.......... IN
118............................ 18065 Henry............ IN
118............................ 18071 Jackson.......... IN
118............................ 18079 Jennings......... IN
118............................ 18135 Randolph......... IN
118............................ 18139 Rush............. IN
118............................ 18145 Shelby........... IN
118............................ 18161 Union............ IN
118............................ 18177 Wayne............ IN
119............................ 53005 Benton........... WA
119............................ 53021 Franklin......... WA
119............................ 53077 Yakima........... WA
120............................ 05027 Columbia......... AR
120............................ 05073 Lafayette........ AR
120............................ 22013 Bienville Parish. LA
120............................ 22015 Bossier Parish... LA
120............................ 22017 Caddo Parish..... LA
120............................ 22027 Claiborne Parish. LA
120............................ 22119 Webster Parish... LA
120............................ 22127 Winn Parish...... LA
121............................ 42009 Bedford.......... PA
121............................ 42013 Blair............ PA
121............................ 42021 Cambria.......... PA
121............................ 42061 Huntingdon....... PA
121............................ 42087 Mifflin.......... PA
121............................ 42111 Somerset......... PA
122............................ 55025 Dane............. WI
123............................ 39005 Ashland.......... OH
123............................ 39033 Crawford......... OH
123............................ 39067 Harrison......... OH
123............................ 39075 Holmes........... OH
123............................ 39139 Richland......... OH
123............................ 39157 Tuscarawas....... OH
123............................ 39169 Wayne............ OH
124............................ 53027 Grays Harbor..... WA
124............................ 53041 Lewis............ WA
124............................ 53045 Mason............ WA
124............................ 53049 Pacific.......... WA
124............................ 53067 Thurston......... WA
125............................ 17013 Calhoun.......... IL
125............................ 17083 Jersey........... IL
125............................ 17117 Macoupin......... IL
125............................ 17119 Madison.......... IL
125............................ 29073 Gasconade........ MO
125............................ 29113 Lincoln.......... MO
125............................ 29139 Montgomery....... MO
125............................ 29163 Pike............. MO
125............................ 29219 Warren........... MO
126............................ 04007 Gila............. AZ
126............................ 04009 Graham........... AZ
126............................ 04011 Greenlee......... AZ
126............................ 04021 Pinal............ AZ
127............................ 18027 Daviess.......... IN
127............................ 18037 Dubois........... IN
127............................ 18051 Gibson........... IN
127............................ 18083 Knox............. IN
127............................ 18101 Martin........... IN
127............................ 18123 Perry............ IN
127............................ 18125 Pike............. IN
127............................ 18129 Posey............ IN
127............................ 18147 Spencer.......... IN
127............................ 18163 Vanderburgh...... IN
127............................ 18173 Warrick.......... IN
128............................ 13009 Baldwin.......... GA
128............................ 13021 Bibb............. GA
128............................ 13023 Bleckley......... GA
128............................ 13091 Dodge............ GA
128............................ 13153 Houston.......... GA
128............................ 13169 Jones............ GA
128............................ 13225 Peach............ GA
128............................ 13235 Pulaski.......... GA
128............................ 13289 Twiggs........... GA
128............................ 13315 Wilcox........... GA
128............................ 13319 Wilkinson........ GA
129............................ 17001 Adams............ IL
129............................ 17009 Brown............ IL
129............................ 17017 Cass............. IL
129............................ 17021 Christian........ IL
129............................ 17061 Greene........... IL
129............................ 17107 Logan............ IL
129............................ 17129 Menard........... IL
129............................ 17135 Montgomery....... IL
129............................ 17137 Morgan........... IL
129............................ 17149 Pike............. IL
129............................ 17167 Sangamon......... IL
129............................ 17169 Schuyler......... IL
129............................ 17171 Scott............ IL
130............................ 53063 Spokane.......... WA
131............................ 37037 Chatham.......... NC
131............................ 37085 Harnett.......... NC
131............................ 37101 Johnston......... NC
131............................ 37105 Lee.............. NC
131............................ 37163 Sampson.......... NC
132............................ 48007 Aransas.......... TX
132............................ 48025 Bee.............. TX
132............................ 48355 Nueces........... TX
[[Page 22872]]
132............................ 48391 Refugio.......... TX
132............................ 48409 San Patricio..... TX
133............................ 48005 Angelina......... TX
133............................ 48161 Freestone........ TX
133............................ 48225 Houston.......... TX
133............................ 48289 Leon............. TX
133............................ 48293 Limestone........ TX
133............................ 48313 Madison.......... TX
133............................ 48347 Nacogdoches...... TX
133............................ 48373 Polk............. TX
133............................ 48395 Robertson........ TX
133............................ 48403 Sabine........... TX
133............................ 48405 San Augustine.... TX
133............................ 48407 San Jacinto...... TX
133............................ 48419 Shelby........... TX
133............................ 48455 Trinity.......... TX
133............................ 48471 Walker........... TX
134............................ 39031 Coshocton........ OH
134............................ 39083 Knox............. OH
134............................ 39089 Licking.......... OH
134............................ 39091 Logan............ OH
134............................ 39101 Marion........... OH
134............................ 39117 Morrow........... OH
134............................ 39159 Union............ OH
135............................ 48199 Hardin........... TX
135............................ 48241 Jasper........... TX
135............................ 48245 Jefferson........ TX
135............................ 48351 Newton........... TX
135............................ 48361 Orange........... TX
135............................ 48457 Tyler............ TX
136............................ 42035 Clinton.......... PA
136............................ 42037 Columbia......... PA
136............................ 42081 Lycoming......... PA
136............................ 42093 Montour.......... PA
136............................ 42097 Northumberland... PA
136............................ 42109 Snyder........... PA
136............................ 42113 Sullivan......... PA
136............................ 42119 Union............ PA
136............................ 42131 Wyoming.......... PA
137............................ 27049 Goodhue.......... MN
137............................ 55005 Barron........... WI
137............................ 55013 Burnett.......... WI
137............................ 55017 Chippewa......... WI
137............................ 55033 Dunn............. WI
137............................ 55035 Eau Claire....... WI
137............................ 55091 Pepin............ WI
137............................ 55093 Pierce........... WI
137............................ 55095 Polk............. WI
137............................ 55107 Rusk............. WI
137............................ 55113 Sawyer........... WI
137............................ 55129 Washburn......... WI
138............................ 50001 Addison.......... VT
138............................ 50005 Caledonia........ VT
138............................ 50007 Chittenden....... VT
138............................ 50011 Franklin......... VT
138............................ 50013 Grand Isle....... VT
138............................ 50015 Lamoille......... VT
138............................ 50019 Orleans.......... VT
138............................ 50021 Rutland.......... VT
138............................ 50023 Washington....... VT
139............................ 05001 Arkansas......... AR
139............................ 05003 Ashley........... AR
139............................ 05011 Bradley.......... AR
139............................ 05013 Calhoun.......... AR
139............................ 05017 Chicot........... AR
139............................ 05019 Clark............ AR
139............................ 05025 Cleveland........ AR
139............................ 05039 Dallas........... AR
139............................ 05041 Desha............ AR
139............................ 05043 Drew............. AR
139............................ 05051 Garland.......... AR
139............................ 05053 Grant............ AR
139............................ 05057 Hempstead........ AR
139............................ 05059 Hot Spring....... AR
139............................ 05061 Howard........... AR
139............................ 05079 Lincoln.......... AR
139............................ 05095 Monroe........... AR
139............................ 05097 Montgomery....... AR
139............................ 05099 Nevada........... AR
139............................ 05103 Ouachita......... AR
139............................ 05109 Pike............. AR
139............................ 05139 Union............ AR
140............................ 51033 Caroline......... VA
140............................ 51047 Culpeper......... VA
140............................ 51630 Fredericksburg VA
City.
140............................ 51099 King George...... VA
140............................ 51113 Madison.......... VA
140............................ 51137 Orange........... VA
140............................ 51177 Spotsylvania..... VA
140............................ 51179 Stafford......... VA
140............................ 51193 Westmoreland..... VA
141............................ 27001 Aitkin........... MN
141............................ 27007 Beltrami......... MN
141............................ 27021 Cass............. MN
141............................ 27029 Clearwater....... MN
141............................ 27035 Crow Wing........ MN
141............................ 27041 Douglas.......... MN
141............................ 27051 Grant............ MN
141............................ 27057 Hubbard.......... MN
141............................ 27059 Isanti........... MN
141............................ 27065 Kanabec.......... MN
141............................ 27095 Mille Lacs....... MN
141............................ 27097 Morrison......... MN
141............................ 27115 Pine............. MN
141............................ 27121 Pope............. MN
141............................ 27149 Stevens.......... MN
141............................ 27151 Swift............ MN
141............................ 27153 Todd............. MN
141............................ 27159 Wadena........... MN
142............................ 06009 Calaveras........ CA
142............................ 06043 Mariposa......... CA
142............................ 06047 Merced........... CA
142............................ 06069 San Benito....... CA
142............................ 06109 Tuolumne......... CA
143............................ 33003 Carroll.......... NH
143............................ 33005 Cheshire......... NH
143............................ 33007 Coos............. NH
143............................ 33009 Grafton.......... NH
143............................ 33019 Sullivan......... NH
143............................ 50009 Essex............ VT
143............................ 50017 Orange........... VT
143............................ 50025 Windham.......... VT
143............................ 50027 Windsor.......... VT
144............................ 48063 Camp............. TX
144............................ 48119 Delta............ TX
144............................ 48147 Fannin........... TX
144............................ 48159 Franklin......... TX
144............................ 48223 Hopkins.......... TX
144............................ 48231 Hunt............. TX
144............................ 48277 Lamar............ TX
144............................ 48379 Rains............ TX
144............................ 48387 Red River........ TX
144............................ 48449 Titus............ TX
144............................ 48459 Upshur........... TX
144............................ 48467 Van Zandt........ TX
144............................ 48499 Wood............. TX
145............................ 47003 Bedford.......... TN
145............................ 47015 Cannon........... TN
145............................ 47031 Coffee........... TN
145............................ 47041 DeKalb........... TN
145............................ 47051 Franklin......... TN
145............................ 47055 Giles............ TN
145............................ 47061 Grundy........... TN
145............................ 47117 Marshall......... TN
145............................ 47119 Maury............ TN
145............................ 47127 Moore............ TN
145............................ 47159 Smith............ TN
145............................ 47175 Van Buren........ TN
145............................ 47177 Warren........... TN
145............................ 47185 White............ TN
146............................ 37019 Brunswick........ NC
146............................ 37047 Columbus......... NC
146............................ 37129 New Hanover...... NC
146............................ 37141 Pender........... NC
147............................ 10005 Sussex........... DE
147............................ 24039 Somerset......... MD
147............................ 24045 Wicomico......... MD
147............................ 24047 Worcester........ MD
147............................ 51001 Accomack......... VA
147............................ 51131 Northampton...... VA
148............................ 53029 Island........... WA
148............................ 53055 San Juan......... WA
148............................ 53057 Skagit........... WA
148............................ 53073 Whatcom.......... WA
149............................ 28039 George........... MS
149............................ 28045 Hancock.......... MS
149............................ 28047 Harrison......... MS
149............................ 28059 Jackson.......... MS
149............................ 28131 Stone............ MS
150............................ 29029 Camden........... MO
150............................ 29059 Dallas........... MO
150............................ 29065 Dent............. MO
150............................ 29085 Hickory.......... MO
150............................ 29105 Laclede.......... MO
150............................ 29125 Maries........... MO
150............................ 29131 Miller........... MO
150............................ 29141 Morgan........... MO
150............................ 29149 Oregon........... MO
150............................ 29161 Phelps........... MO
150............................ 29167 Polk............. MO
150............................ 29169 Pulaski.......... MO
150............................ 29203 Shannon.......... MO
150............................ 29215 Texas............ MO
150............................ 29225 Webster.......... MO
150............................ 29229 Wright........... MO
151............................ 37067 Forsyth.......... NC
151............................ 37169 Stokes........... NC
152............................ 48183 Gregg............ TX
152............................ 48203 Harrison......... TX
152............................ 48423 Smith............ TX
153............................ 55027 Dodge............ WI
153............................ 55039 Fond du Lac...... WI
153............................ 55047 Green Lake....... WI
153............................ 55055 Jefferson........ WI
153............................ 55127 Walworth......... WI
154............................ 45033 Dillon........... SC
154............................ 45043 Georgetown....... SC
154............................ 45051 Horry............ SC
154............................ 45067 Marion........... SC
155............................ 55015 Calumet.......... WI
155............................ 55087 Outagamie........ WI
155............................ 55139 Winnebago........ WI
156............................ 16001 Ada.............. ID
157............................ 04012 La Paz........... AZ
157............................ 04027 Yuma............. AZ
157............................ 06025 Imperial......... CA
158............................ 30029 Flathead......... MT
158............................ 30039 Granite.......... MT
158............................ 30047 Lake............. MT
158............................ 30049 Lewis and Clark.. MT
158............................ 30053 Lincoln.......... MT
158............................ 30061 Mineral.......... MT
[[Page 22873]]
158............................ 30063 Missoula......... MT
158............................ 30077 Powell........... MT
158............................ 30081 Ravalli.......... MT
158............................ 30089 Sanders.......... MT
159............................ 13007 Baker............ GA
159............................ 13017 Ben Hill......... GA
159............................ 13019 Berrien.......... GA
159............................ 13027 Brooks........... GA
159............................ 13037 Calhoun.......... GA
159............................ 13061 Clay............. GA
159............................ 13071 Colquitt......... GA
159............................ 13075 Cook............. GA
159............................ 13101 Echols........... GA
159............................ 13155 Irwin............ GA
159............................ 13173 Lanier........... GA
159............................ 13185 Lowndes.......... GA
159............................ 13205 Mitchell......... GA
159............................ 13243 Randolph......... GA
159............................ 13273 Terrell.......... GA
159............................ 13277 Tift............. GA
159............................ 13287 Turner........... GA
159............................ 13321 Worth............ GA
160............................ 48015 Austin........... TX
160............................ 48051 Burleson......... TX
160............................ 48057 Calhoun.......... TX
160............................ 48089 Colorado......... TX
160............................ 48123 DeWitt........... TX
160............................ 48149 Fayette.......... TX
160............................ 48175 Goliad........... TX
160............................ 48239 Jackson.......... TX
160............................ 48285 Lavaca........... TX
160............................ 48321 Matagorda........ TX
160............................ 48469 Victoria......... TX
160............................ 48477 Washington....... TX
160............................ 48481 Wharton.......... TX
161............................ 17003 Alexander........ IL
161............................ 17055 Franklin......... IL
161............................ 17059 Gallatin......... IL
161............................ 17065 Hamilton......... IL
161............................ 17069 Hardin........... IL
161............................ 17077 Jackson.......... IL
161............................ 17081 Jefferson........ IL
161............................ 17087 Johnson.......... IL
161............................ 17145 Perry............ IL
161............................ 17151 Pope............. IL
161............................ 17153 Pulaski.......... IL
161............................ 17157 Randolph......... IL
161............................ 17165 Saline........... IL
161............................ 17181 Union............ IL
161............................ 17189 Washington....... IL
161............................ 17199 Williamson....... IL
162............................ 18025 Crawford......... IN
162............................ 18061 Harrison......... IN
162............................ 18175 Washington....... IN
162............................ 21027 Breckinridge..... KY
162............................ 21085 Grayson.......... KY
162............................ 21093 Hardin........... KY
162............................ 21123 Larue............ KY
162............................ 21155 Marion........... KY
162............................ 21163 Meade............ KY
162............................ 21179 Nelson........... KY
162............................ 21215 Spencer.......... KY
162............................ 21229 Washington....... KY
163............................ 19163 Scott............ IA
163............................ 17073 Henry............ IL
163............................ 17161 Rock Island...... IL
164............................ 01001 Autauga.......... AL
164............................ 01051 Elmore........... AL
164............................ 01101 Montgomery....... AL
165............................ 01017 Chambers......... AL
165............................ 01019 Cherokee......... AL
165............................ 01029 Cleburne......... AL
165............................ 01111 Randolph......... AL
165............................ 13015 Bartow........... GA
165............................ 13055 Chattooga........ GA
165............................ 13115 Floyd............ GA
165............................ 13233 Polk............. GA
166............................ 06049 Modoc............ CA
166............................ 06089 Shasta........... CA
166............................ 06093 Siskiyou......... CA
166............................ 06103 Tehama........... CA
166............................ 41035 Klamath.......... OR
167............................ 51005 Alleghany........ VA
167............................ 51015 Augusta.......... VA
167............................ 51017 Bath............. VA
167............................ 51530 Buena Vista City. VA
167............................ 51580 Covington City... VA
167............................ 51660 Harrisonburg City VA
167............................ 51091 Highland......... VA
167............................ 51678 Lexington City... VA
167............................ 51163 Rockbridge....... VA
167............................ 51165 Rockingham....... VA
167............................ 51790 Staunton City.... VA
167............................ 51820 Waynesboro City.. VA
167............................ 54025 Greenbrier....... WV
167............................ 54071 Pendleton........ WV
167............................ 54075 Pocahontas....... WV
168............................ 17143 Peoria........... IL
168............................ 17179 Tazewell......... IL
168............................ 17203 Woodford......... IL
169............................ 37061 Duplin........... NC
169............................ 37133 Onslow........... NC
169............................ 37191 Wayne............ NC
170............................ 01005 Barbour.......... AL
170............................ 01031 Coffee........... AL
170............................ 01039 Covington........ AL
170............................ 01045 Dale............. AL
170............................ 01061 Geneva........... AL
170............................ 01067 Henry............ AL
170............................ 01069 Houston.......... AL
170............................ 12059 Holmes........... FL
170............................ 12133 Washington....... FL
170............................ 13239 Quitman.......... GA
171............................ 05033 Crawford......... AR
171............................ 05047 Franklin......... AR
171............................ 05083 Logan............ AR
171............................ 05127 Scott............ AR
171............................ 05131 Sebastian........ AR
171............................ 40061 Haskell.......... OK
171............................ 40077 Latimer.......... OK
171............................ 40079 Le Flore......... OK
171............................ 40135 Sequoyah......... OK
172............................ 27017 Carlton.......... MN
172............................ 27031 Cook............. MN
172............................ 27061 Itasca........... MN
172............................ 27071 Koochiching...... MN
172............................ 27075 Lake............. MN
172............................ 27137 St. Louis........ MN
172............................ 55031 Douglas.......... WI
173............................ 51019 Bedford.......... VA
173............................ 51515 Bedford City..... VA
173............................ 51035 Carroll.......... VA
173............................ 51063 Floyd............ VA
173............................ 51067 Franklin......... VA
173............................ 51071 Giles............ VA
173............................ 51121 Montgomery....... VA
173............................ 51155 Pulaski.......... VA
173............................ 51750 Radford City..... VA
173............................ 54063 Monroe........... WV
174............................ 29043 Christian........ MO
174............................ 29077 Greene........... MO
175............................ 28009 Benton........... MS
175............................ 28033 DeSoto........... MS
175............................ 28071 Lafayette........ MS
175............................ 28093 Marshall......... MS
175............................ 28107 Panola........... MS
175............................ 28119 Quitman.......... MS
175............................ 28137 Tate............. MS
175............................ 28143 Tunica........... MS
175............................ 28161 Yalobusha........ MS
176............................ 19015 Boone............ IA
176............................ 19025 Calhoun.......... IA
176............................ 19027 Carroll.......... IA
176............................ 19047 Crawford......... IA
176............................ 19073 Greene........... IA
176............................ 19075 Grundy........... IA
176............................ 19079 Hamilton......... IA
176............................ 19083 Hardin........... IA
176............................ 19091 Humboldt......... IA
176............................ 19127 Marshall......... IA
176............................ 19161 Sac.............. IA
176............................ 19169 Story............ IA
176............................ 19171 Tama............. IA
176............................ 19187 Webster.......... IA
176............................ 19197 Wright........... IA
177............................ 13029 Bryan............ GA
177............................ 13051 Chatham.......... GA
177............................ 13103 Effingham........ GA
178............................ 20003 Anderson......... KS
178............................ 20011 Bourbon.......... KS
178............................ 20059 Franklin......... KS
178............................ 20107 Linn............. KS
178............................ 20121 Miami............ KS
178............................ 29013 Bates............ MO
178............................ 29015 Benton........... MO
178............................ 29039 Cedar............ MO
178............................ 29083 Henry............ MO
178............................ 29101 Johnson.......... MO
178............................ 29107 Lafayette........ MO
178............................ 29159 Pettis........... MO
178............................ 29195 Saline........... MO
178............................ 29185 St. Clair........ MO
178............................ 29217 Vernon........... MO
179............................ 19007 Appanoose........ IA
179............................ 19051 Davis............ IA
179............................ 19057 Des Moines....... IA
179............................ 19087 Henry............ IA
179............................ 19099 Jasper........... IA
179............................ 19101 Jefferson........ IA
179............................ 19107 Keokuk........... IA
179............................ 19111 Lee.............. IA
179............................ 19123 Mahaska.......... IA
179............................ 19125 Marion........... IA
179............................ 19135 Monroe........... IA
179............................ 19157 Poweshiek........ IA
179............................ 19177 Van Buren........ IA
179............................ 19179 Wapello.......... IA
179............................ 17067 Hancock.......... IL
179............................ 17071 Henderson........ IL
179............................ 29045 Clark............ MO
179............................ 29199 Scotland......... MO
180............................ 04005 Coconino......... AZ
180............................ 04025 Yavapai.......... AZ
181............................ 05081 Little River..... AR
181............................ 05091 Miller........... AR
181............................ 05113 Polk............. AR
181............................ 05133 Sevier........... AR
181............................ 40013 Bryan............ OK
181............................ 40023 Choctaw.......... OK
181............................ 40089 McCurtain........ OK
181............................ 40127 Pushmataha....... OK
[[Page 22874]]
181............................ 48037 Bowie............ TX
181............................ 48067 Cass............. TX
181............................ 48315 Marion........... TX
181............................ 48343 Morris........... TX
182............................ 19103 Johnson.......... IA
182............................ 19113 Linn............. IA
183............................ 29019 Boone............ MO
183............................ 29027 Callaway......... MO
183............................ 29051 Cole............. MO
183............................ 29053 Cooper........... MO
183............................ 29089 Howard........... MO
183............................ 29135 Moniteau......... MO
183............................ 29151 Osage............ MO
184............................ 22021 Caldwell Parish.. LA
184............................ 22035 East Carroll LA
Parish.
184............................ 22041 Franklin Parish.. LA
184............................ 22049 Jackson Parish... LA
184............................ 22061 Lincoln Parish... LA
184............................ 22067 Morehouse Parish. LA
184............................ 22073 Ouachita Parish.. LA
184............................ 22083 Richland Parish.. LA
184............................ 22111 Union Parish..... LA
184............................ 22123 West Carroll LA
Parish.
185............................ 26013 Baraga........... MI
185............................ 26043 Dickinson........ MI
185............................ 26053 Gogebic.......... MI
185............................ 26061 Houghton......... MI
185............................ 26071 Iron............. MI
185............................ 26083 Keweenaw......... MI
185............................ 26103 Marquette........ MI
185............................ 26109 Menominee........ MI
185............................ 26131 Ontonagon........ MI
185............................ 55037 Florence......... WI
185............................ 55051 Iron............. WI
185............................ 55075 Marinette........ WI
185............................ 55078 Menominee........ WI
185............................ 55083 Oconto........... WI
185............................ 55115 Shawano.......... WI
186............................ 45023 Chester.......... SC
186............................ 45057 Lancaster........ SC
186............................ 45091 York............. SC
187............................ 16005 Bannock.......... ID
187............................ 16011 Bingham.......... ID
187............................ 16019 Bonneville....... ID
187............................ 16033 Clark............ ID
187............................ 16043 Fremont.......... ID
187............................ 16051 Jefferson........ ID
187............................ 16065 Madison.......... ID
187............................ 16077 Power............ ID
187............................ 16081 Teton............ ID
188............................ 36003 Allegany......... NY
188............................ 36009 Cattaraugus...... NY
188............................ 36013 Chautauqua....... NY
188............................ 42083 McKean........... PA
188............................ 42105 Potter........... PA
189............................ 22003 Allen Parish..... LA
189............................ 22009 Avoyelles Parish. LA
189............................ 22011 Beauregard Parish LA
189............................ 22043 Grant Parish..... LA
189............................ 22059 La Salle Parish.. LA
189............................ 22079 Rapides Parish... LA
189............................ 22115 Vernon Parish.... LA
190............................ 30019 Daniels.......... MT
190............................ 30021 Dawson........... MT
190............................ 30031 Gallatin......... MT
190............................ 30033 Garfield......... MT
190............................ 30037 Golden Valley.... MT
190............................ 30057 Madison.......... MT
190............................ 30055 McCone........... MT
190............................ 30065 Musselshell...... MT
190............................ 30067 Park............. MT
190............................ 30069 Petroleum........ MT
190............................ 30083 Richland......... MT
190............................ 30085 Roosevelt........ MT
190............................ 30091 Sheridan......... MT
190............................ 30095 Stillwater....... MT
190............................ 30097 Sweet Grass...... MT
190............................ 30105 Valley........... MT
190............................ 30111 Yellowstone...... MT
191............................ 51007 Amelia........... VA
191............................ 51025 Brunswick........ VA
191............................ 51029 Buckingham....... VA
191............................ 51037 Charlotte........ VA
191............................ 51570 Colonial Heights VA
City.
191............................ 51049 Cumberland....... VA
191............................ 51053 Dinwiddie........ VA
191............................ 51595 Emporia City..... VA
191............................ 51081 Greensville...... VA
191............................ 51670 Hopewell City.... VA
191............................ 51111 Lunenburg........ VA
191............................ 51117 Mecklenburg...... VA
191............................ 51135 Nottoway......... VA
191............................ 51730 Petersburg City.. VA
191............................ 51147 Prince Edward.... VA
191............................ 51149 Prince George.... VA
191............................ 51183 Sussex........... VA
192............................ 37051 Cumberland....... NC
193............................ 20005 Atchison......... KS
193............................ 20043 Doniphan......... KS
193............................ 20045 Douglas.......... KS
193............................ 20103 Leavenworth...... KS
193............................ 29003 Andrew........... MO
193............................ 29021 Buchanan......... MO
194............................ 42023 Cameron.......... PA
194............................ 42027 Centre........... PA
194............................ 42033 Clearfield....... PA
194............................ 42047 Elk.............. PA
194............................ 42065 Jefferson........ PA
195............................ 16009 Benewah.......... ID
195............................ 16017 Bonner........... ID
195............................ 16021 Boundary......... ID
195............................ 16035 Clearwater....... ID
195............................ 16049 Idaho............ ID
195............................ 16055 Kootenai......... ID
195............................ 16057 Latah............ ID
195............................ 16061 Lewis............ ID
195............................ 16069 Nez Perce........ ID
195............................ 16079 Shoshone......... ID
196............................ 29017 Bollinger........ MO
196............................ 29023 Butler........... MO
196............................ 29031 Cape Girardeau... MO
196............................ 29035 Carter........... MO
196............................ 29093 Iron............. MO
196............................ 29123 Madison.......... MO
196............................ 29133 Mississippi...... MO
196............................ 29143 New Madrid....... MO
196............................ 29157 Perry............ MO
196............................ 29179 Reynolds......... MO
196............................ 29181 Ripley........... MO
196............................ 29201 Scott............ MO
196............................ 29207 Stoddard......... MO
196............................ 29223 Wayne............ MO
197............................ 39013 Belmont.......... OH
197............................ 39081 Jefferson........ OH
197............................ 39111 Monroe........... OH
197............................ 54009 Brooke........... WV
197............................ 54029 Hancock.......... WV
197............................ 54051 Marshall......... WV
197............................ 54069 Ohio............. WV
197............................ 54095 Tyler............ WV
197............................ 54103 Wetzel........... WV
198............................ 05021 Clay............. AR
198............................ 05031 Craighead........ AR
198............................ 05055 Greene........... AR
198............................ 05075 Lawrence......... AR
198............................ 05093 Mississippi...... AR
198............................ 05111 Poinsett......... AR
198............................ 05121 Randolph......... AR
198............................ 29069 Dunklin.......... MO
198............................ 29155 Pemiscot......... MO
199............................ 13111 Fannin........... GA
199............................ 13123 Gilmer........... GA
199............................ 13129 Gordon........... GA
199............................ 13213 Murray........... GA
199............................ 13227 Pickens.......... GA
199............................ 13281 Towns............ GA
199............................ 13291 Union............ GA
199............................ 13313 Whitfield........ GA
200............................ 37033 Caswell.......... NC
200............................ 37157 Rockingham....... NC
200............................ 51590 Danville City.... VA
200............................ 51089 Henry............ VA
200............................ 51690 Martinsville City VA
200............................ 51141 Patrick.......... VA
200............................ 51143 Pittsylvania..... VA
201............................ 48019 Bandera.......... TX
201............................ 48127 Dimmit........... TX
201............................ 48163 Frio............. TX
201............................ 48171 Gillespie........ TX
201............................ 48259 Kendall.......... TX
201............................ 48265 Kerr............. TX
201............................ 48283 La Salle......... TX
201............................ 48323 Maverick......... TX
201............................ 48325 Medina........... TX
201............................ 48385 Real............. TX
201............................ 48463 Uvalde........... TX
201............................ 48507 Zavala........... TX
202............................ 01113 Russell.......... AL
202............................ 13053 Chattahoochee.... GA
202............................ 13145 Harris........... GA
202............................ 13197 Marion........... GA
202............................ 13215 Muscogee......... GA
202............................ 13259 Stewart.......... GA
202............................ 13307 Webster.......... GA
203............................ 26009 Antrim........... MI
203............................ 26019 Benzie........... MI
203............................ 26055 Grand Traverse... MI
203............................ 26079 Kalkaska......... MI
203............................ 26085 Lake............. MI
203............................ 26089 Leelanau......... MI
203............................ 26101 Manistee......... MI
203............................ 26105 Mason............ MI
203............................ 26113 Missaukee........ MI
203............................ 26133 Osceola.......... MI
203............................ 26165 Wexford.......... MI
204............................ 21055 Crittenden....... KY
204............................ 21059 Daviess.......... KY
204............................ 21091 Hancock.......... KY
204............................ 21101 Henderson........ KY
204............................ 21107 Hopkins.......... KY
204............................ 21149 McLean........... KY
204............................ 21177 Muhlenberg....... KY
204............................ 21183 Ohio............. KY
204............................ 21225 Union............ KY
204............................ 21233 Webster.......... KY
205............................ 06023 Humboldt......... CA
205............................ 06033 Lake............. CA
205............................ 06045 Mendocino........ CA
[[Page 22875]]
205............................ 06105 Trinity.......... CA
206............................ 53001 Adams............ WA
206............................ 53007 Chelan........... WA
206............................ 53017 Douglas.......... WA
206............................ 53025 Grant............ WA
206............................ 53037 Kittitas......... WA
206............................ 53047 Okanogan......... WA
207............................ 13003 Atkinson......... GA
207............................ 13005 Bacon............ GA
207............................ 13025 Brantley......... GA
207............................ 13039 Camden........... GA
207............................ 13049 Charlton......... GA
207............................ 13065 Clinch........... GA
207............................ 13069 Coffee........... GA
207............................ 13127 Glynn............ GA
207............................ 13191 McIntosh......... GA
207............................ 13229 Pierce........... GA
207............................ 13299 Ware............. GA
208............................ 37097 Iredell.......... NC
208............................ 37159 Rowan............ NC
209............................ 55009 Brown............ WI
209............................ 55029 Door............. WI
209............................ 55061 Kewaunee......... WI
210............................ 36007 Broome........... NY
210............................ 36107 Tioga............ NY
210............................ 42115 Susquehanna...... PA
211............................ 40005 Atoka............ OK
211............................ 40019 Carter........... OK
211............................ 40029 Coal............. OK
211............................ 40033 Cotton........... OK
211............................ 40049 Garvin........... OK
211............................ 40063 Hughes........... OK
211............................ 40067 Jefferson........ OK
211............................ 40069 Johnston......... OK
211............................ 40085 Love............. OK
211............................ 40095 Marshall......... OK
211............................ 40099 Murray........... OK
211............................ 40107 Okfuskee......... OK
211............................ 40123 Pontotoc......... OK
211............................ 40133 Seminole......... OK
211............................ 40137 Stephens......... OK
212............................ 02020 Anchorage Borough AK
213............................ 41013 Crook............ OR
213............................ 41017 Deschutes........ OR
213............................ 41027 Hood River....... OR
213............................ 41031 Jefferson........ OR
213............................ 41037 Lake............. OR
213............................ 41055 Sherman.......... OR
213............................ 41065 Wasco............ OR
213............................ 53039 Klickitat........ WA
213............................ 53059 Skamania......... WA
214............................ 31109 Lancaster........ NE
215............................ 37003 Alexander........ NC
215............................ 37023 Burke............ NC
215............................ 37035 Catawba.......... NC
216............................ 20021 Cherokee......... KS
216............................ 20037 Crawford......... KS
216............................ 29011 Barton........... MO
216............................ 29097 Jasper........... MO
216............................ 29145 Newton........... MO
216............................ 40115 Ottawa........... OK
217............................ 48303 Lubbock.......... TX
218............................ 55073 Marathon......... WI
218............................ 55097 Portage.......... WI
218............................ 55141 Wood............. WI
219............................ 19019 Buchanan......... IA
219............................ 19021 Buena Vista...... IA
219............................ 19023 Butler........... IA
219............................ 19033 Cerro Gordo...... IA
219............................ 19037 Chickasaw........ IA
219............................ 19041 Clay............. IA
219............................ 19059 Dickinson........ IA
219............................ 19063 Emmet............ IA
219............................ 19065 Fayette.......... IA
219............................ 19067 Floyd............ IA
219............................ 19069 Franklin......... IA
219............................ 19081 Hancock.......... IA
219............................ 19109 Kossuth.......... IA
219............................ 19131 Mitchell......... IA
219............................ 19147 Palo Alto........ IA
219............................ 19151 Pocahontas....... IA
219............................ 19189 Winnebago........ IA
219............................ 19195 Worth............ IA
220............................ 48135 Ector............ TX
220............................ 48329 Midland.......... TX
221............................ 48247 Jim Hogg......... TX
221............................ 48479 Webb............. TX
221............................ 48505 Zapata........... TX
222............................ 47029 Cocke............ TN
222............................ 47057 Grainger......... TN
222............................ 47063 Hamblen.......... TN
222............................ 47067 Hancock.......... TN
222............................ 47089 Jefferson........ TN
222............................ 47155 Sevier........... TN
223............................ 19061 Dubuque.......... IA
223............................ 19097 Jackson.......... IA
223............................ 17085 Jo Daviess....... IL
223............................ 55043 Grant............ WI
223............................ 55045 Green............ WI
223............................ 55049 Iowa............. WI
223............................ 55065 Lafayette........ WI
224............................ 17015 Carroll.......... IL
224............................ 17037 DeKalb........... IL
224............................ 17103 Lee.............. IL
224............................ 17141 Ogle............. IL
224............................ 17177 Stephenson....... IL
225............................ 27055 Houston.......... MN
225............................ 55053 Jackson.......... WI
225............................ 55063 La Crosse........ WI
225............................ 55081 Monroe........... WI
225............................ 55121 Trempealeau...... WI
225............................ 55123 Vernon........... WI
226............................ 39003 Allen............ OH
226............................ 39011 Auglaize......... OH
226............................ 39107 Mercer........... OH
226............................ 39137 Putnam........... OH
226............................ 39161 Van Wert......... OH
227............................ 36045 Jefferson........ NY
227............................ 36049 Lewis............ NY
227............................ 36089 St. Lawrence..... NY
228............................ 51023 Botetourt........ VA
228............................ 51045 Craig............ VA
228............................ 51161 Roanoke.......... VA
228............................ 51770 Roanoke City..... VA
228............................ 51775 Salem City....... VA
229............................ 32009 Esmeralda........ NV
229............................ 32017 Lincoln.......... NV
229............................ 32021 Mineral.......... NV
229............................ 32023 Nye.............. NV
229............................ 49001 Beaver........... UT
229............................ 49017 Garfield......... UT
229............................ 49021 Iron............. UT
229............................ 49031 Piute............ UT
229............................ 49053 Washington....... UT
230............................ 37017 Bladen........... NC
230............................ 37093 Hoke............. NC
230............................ 37155 Robeson.......... NC
230............................ 37165 Scotland......... NC
231............................ 31003 Antelope......... NE
231............................ 31011 Boone............ NE
231............................ 31021 Burt............. NE
231............................ 31023 Butler........... NE
231............................ 31025 Cass............. NE
231............................ 31037 Colfax........... NE
231............................ 31039 Cuming........... NE
231............................ 31053 Dodge............ NE
231............................ 31119 Madison.......... NE
231............................ 31125 Nance............ NE
231............................ 31139 Pierce........... NE
231............................ 31141 Platte........... NE
231............................ 31143 Polk............. NE
231............................ 31155 Saunders......... NE
231............................ 31167 Stanton.......... NE
231............................ 31177 Washington....... NE
231............................ 31179 Wayne............ NE
232............................ 20013 Brown............ KS
232............................ 20031 Coffey........... KS
232............................ 20085 Jackson.......... KS
232............................ 20087 Jefferson........ KS
232............................ 20139 Osage............ KS
232............................ 20177 Shawnee.......... KS
233............................ 37045 Cleveland........ NC
233............................ 37109 Lincoln.......... NC
233............................ 37161 Rutherford....... NC
234............................ 37057 Davidson......... NC
234............................ 37059 Davie............ NC
234............................ 37197 Yadkin........... NC
235............................ 48375 Potter........... TX
235............................ 48381 Randall.......... TX
236............................ 31001 Adams............ NE
236............................ 31015 Boyd............. NE
236............................ 31017 Brown............ NE
236............................ 31019 Buffalo.......... NE
236............................ 31035 Clay............. NE
236............................ 31041 Custer........... NE
236............................ 31047 Dawson........... NE
236............................ 31071 Garfield......... NE
236............................ 31077 Greeley.......... NE
236............................ 31079 Hall............. NE
236............................ 31081 Hamilton......... NE
236............................ 31089 Holt............. NE
236............................ 31093 Howard........... NE
236............................ 31103 Keya Paha........ NE
236............................ 31115 Loup............. NE
236............................ 31121 Merrick.......... NE
236............................ 31129 Nuckolls......... NE
236............................ 31149 Rock............. NE
236............................ 31163 Sherman.......... NE
236............................ 31175 Valley........... NE
236............................ 31181 Webster.......... NE
236............................ 31183 Wheeler.......... NE
237............................ 13031 Bulloch.......... GA
237............................ 13043 Candler.......... GA
237............................ 13109 Evans............ GA
237............................ 13179 Liberty.......... GA
237............................ 13183 Long............. GA
237............................ 13251 Screven.......... GA
237............................ 13267 Tattnall......... GA
237............................ 13305 Wayne............ GA
238............................ 45031 Darlington....... SC
238............................ 45041 Florence......... SC
238............................ 45089 Williamsburg..... SC
239............................ 37025 Cabarrus......... NC
239............................ 37167 Stanly........... NC
240............................ 51003 Albemarle........ VA
240............................ 51540 Charlottesville VA
City.
240............................ 51065 Fluvanna......... VA
240............................ 51079 Greene........... VA
240............................ 51109 Louisa........... VA
240............................ 51125 Nelson........... VA
241............................ 13001 Appling.......... GA
[[Page 22876]]
241............................ 13107 Emanuel.......... GA
241............................ 13141 Hancock.......... GA
241............................ 13161 Jeff Davis....... GA
241............................ 13167 Johnson.......... GA
241............................ 13175 Laurens.......... GA
241............................ 13209 Montgomery....... GA
241............................ 13237 Putnam........... GA
241............................ 13271 Telfair.......... GA
241............................ 13279 Toombs........... GA
241............................ 13283 Treutlen......... GA
241............................ 13303 Washington....... GA
241............................ 13309 Wheeler.......... GA
242............................ 22019 Calcasieu Parish. LA
242............................ 22023 Cameron Parish... LA
242............................ 22053 Jefferson Davis LA
Parish.
243............................ 17127 Massac........... IL
243............................ 21007 Ballard.......... KY
243............................ 21033 Caldwell......... KY
243............................ 21035 Calloway......... KY
243............................ 21039 Carlisle......... KY
243............................ 21083 Graves........... KY
243............................ 21139 Livingston....... KY
243............................ 21143 Lyon............. KY
243............................ 21157 Marshall......... KY
243............................ 21145 McCracken........ KY
244............................ 20017 Chase............ KS
244............................ 20027 Clay............. KS
244............................ 20041 Dickinson........ KS
244............................ 20061 Geary............ KS
244............................ 20111 Lyon............. KS
244............................ 20117 Marshall......... KS
244............................ 20127 Morris........... KS
244............................ 20131 Nemaha........... KS
244............................ 20149 Pottawatomie..... KS
244............................ 20161 Riley............ KS
244............................ 20197 Wabaunsee........ KS
244............................ 20201 Washington....... KS
245............................ 29009 Barry............ MO
245............................ 29057 Dade............. MO
245............................ 29067 Douglas.......... MO
245............................ 29091 Howell........... MO
245............................ 29109 Lawrence......... MO
245............................ 29153 Ozark............ MO
245............................ 29209 Stone............ MO
245............................ 29213 Taney............ MO
246............................ 01027 Clay............. AL
246............................ 01037 Coosa............ AL
246............................ 01081 Lee.............. AL
246............................ 01087 Macon............ AL
246............................ 01123 Tallapoosa....... AL
247............................ 16027 Canyon........... ID
247............................ 16039 Elmore........... ID
247............................ 16073 Owyhee........... ID
248............................ 45027 Clarendon........ SC
248............................ 45055 Kershaw.......... SC
248............................ 45061 Lee.............. SC
248............................ 45085 Sumter........... SC
249............................ 48041 Brazos........... TX
249............................ 48185 Grimes........... TX
250............................ 35013 Dona Ana......... NM
250............................ 35051 Sierra........... NM
251............................ 20007 Barber........... KS
251............................ 20009 Barton........... KS
251............................ 20033 Comanche......... KS
251............................ 20047 Edwards.......... KS
251............................ 20051 Ellis............ KS
251............................ 20053 Ellsworth........ KS
251............................ 20097 Kiowa............ KS
251............................ 20115 Marion........... KS
251............................ 20113 McPherson........ KS
251............................ 20135 Ness............. KS
251............................ 20145 Pawnee........... KS
251............................ 20151 Pratt............ KS
251............................ 20159 Rice............. KS
251............................ 20165 Rush............. KS
251............................ 20167 Russell.......... KS
251............................ 20169 Saline........... KS
251............................ 20185 Stafford......... KS
251............................ 20195 Trego............ KS
252............................ 19035 Cherokee......... IA
252............................ 19093 Ida.............. IA
252............................ 19133 Monona........... IA
252............................ 19141 O'Brien.......... IA
252............................ 19149 Plymouth......... IA
252............................ 19167 Sioux............ IA
252............................ 19193 Woodbury......... IA
252............................ 46127 Union............ SD
253............................ 55001 Adams............ WI
253............................ 55021 Columbia......... WI
253............................ 55023 Crawford......... WI
253............................ 55057 Juneau........... WI
253............................ 55077 Marquette........ WI
253............................ 55103 Richland......... WI
253............................ 55111 Sauk............. WI
254............................ 55003 Ashland.......... WI
254............................ 55007 Bayfield......... WI
254............................ 55019 Clark............ WI
254............................ 55041 Forest........... WI
254............................ 55067 Langlade......... WI
254............................ 55069 Lincoln.......... WI
254............................ 55085 Oneida........... WI
254............................ 55099 Price............ WI
254............................ 55119 Taylor........... WI
254............................ 55125 Vilas............ WI
255............................ 28011 Bolivar.......... MS
255............................ 28015 Carroll.......... MS
255............................ 28027 Coahoma.......... MS
255............................ 28053 Humphreys........ MS
255............................ 28055 Issaquena........ MS
255............................ 28083 Leflore.......... MS
255............................ 28125 Sharkey.......... MS
255............................ 28133 Sunflower........ MS
255............................ 28135 Tallahatchie..... MS
255............................ 28151 Washington....... MS
256............................ 51009 Amherst.......... VA
256............................ 51011 Appomattox....... VA
256............................ 51031 Campbell......... VA
256............................ 51083 Halifax.......... VA
256............................ 51680 Lynchburg City... VA
257............................ 56001 Albany........... WY
257............................ 56005 Campbell......... WY
257............................ 56009 Converse......... WY
257............................ 56011 Crook............ WY
257............................ 56021 Laramie.......... WY
257............................ 56027 Niobrara......... WY
257............................ 56031 Platte........... WY
257............................ 56045 Weston........... WY
258............................ 01009 Blount........... AL
258............................ 01043 Cullman.......... AL
258............................ 01057 Fayette.......... AL
258............................ 01093 Marion........... AL
258............................ 01133 Winston.......... AL
259............................ 35005 Chaves........... NM
259............................ 35015 Eddy............. NM
259............................ 35025 Lea.............. NM
259............................ 48165 Gaines........... TX
259............................ 48501 Yoakum........... TX
260............................ 26007 Alpena........... MI
260............................ 26029 Charlevoix....... MI
260............................ 26031 Cheboygan........ MI
260............................ 26039 Crawford......... MI
260............................ 26047 Emmet............ MI
260............................ 26119 Montmorency...... MI
260............................ 26135 Oscoda........... MI
260............................ 26137 Otsego........... MI
260............................ 26141 Presque Isle..... MI
260............................ 26143 Roscommon........ MI
261............................ 27027 Clay............. MN
261............................ 38017 Cass............. ND
262............................ 45013 Beaufort......... SC
262............................ 45049 Hampton.......... SC
262............................ 45053 Jasper........... SC
263............................ 35019 Guadalupe........ NM
263............................ 35028 Los Alamos....... NM
263............................ 35033 Mora............. NM
263............................ 35047 San Miguel....... NM
263............................ 35049 Santa Fe......... NM
264............................ 02013 Aleutians East AK
Borough.
264............................ 02016 Aleutians West AK
Census Area.
264............................ 02050 Bethel Census AK
Area.
264............................ 02060 Bristol Bay AK
Borough.
264............................ 02070 Dillingham Census AK
Area.
264............................ 02122 Kenai Peninsula AK
Borough.
264............................ 02150 Kodiak Island AK
Borough.
264............................ 02164 Lake and AK
Peninsula
Borough.
264............................ 02170 Matanuska-Susitna AK
Borough.
264............................ 02261 Valdez-Cordova AK
Census Area.
265............................ 19089 Howard........... IA
265............................ 19191 Winneshiek....... IA
265............................ 27039 Dodge............ MN
265............................ 27045 Fillmore......... MN
265............................ 27099 Mower............ MN
265............................ 27157 Wabasha.......... MN
265............................ 27169 Winona........... MN
265............................ 55011 Buffalo.......... WI
266............................ 37009 Ashe............. NC
266............................ 37011 Avery............ NC
266............................ 37027 Caldwell......... NC
266............................ 37189 Watauga.......... NC
266............................ 47091 Johnson.......... TN
267............................ 55071 Manitowoc........ WI
267............................ 55117 Sheboygan........ WI
268............................ 19031 Cedar............ IA
268............................ 19045 Clinton.......... IA
268............................ 19115 Louisa........... IA
268............................ 19139 Muscatine........ IA
268............................ 17131 Mercer........... IL
268............................ 17195 Whiteside........ IL
269............................ 55101 Racine........... WI
270............................ 17011 Bureau........... IL
270............................ 17099 La Salle......... IL
270............................ 17105 Livingston....... IL
270............................ 17155 Putnam........... IL
271............................ 36015 Chemung.......... NY
271............................ 42015 Bradford......... PA
271............................ 42117 Tioga............ PA
272............................ 48035 Bosque........... TX
272............................ 48049 Brown............ TX
272............................ 48083 Coleman.......... TX
272............................ 48093 Comanche......... TX
272............................ 48133 Eastland......... TX
[[Page 22877]]
272............................ 48143 Erath............ TX
272............................ 48193 Hamilton......... TX
272............................ 48217 Hill............. TX
272............................ 48333 Mills............ TX
272............................ 48425 Somervell........ TX
273............................ 17039 De Witt.......... IL
273............................ 17113 McLean........... IL
274............................ 16013 Blaine........... ID
274............................ 16025 Camas............ ID
274............................ 16031 Cassia........... ID
274............................ 16047 Gooding.......... ID
274............................ 16053 Jerome........... ID
274............................ 16063 Lincoln.......... ID
274............................ 16067 Minidoka......... ID
274............................ 16083 Twin Falls....... ID
275............................ 48001 Anderson......... TX
275............................ 48213 Henderson........ TX
275............................ 48349 Navarro.......... TX
276............................ 30011 Carter........... MT
276............................ 38001 Adams............ ND
276............................ 46019 Butte............ SD
276............................ 46033 Custer........... SD
276............................ 46047 Fall River....... SD
276............................ 46063 Harding.......... SD
276............................ 46081 Lawrence......... SD
276............................ 46093 Meade............ SD
276............................ 46103 Pennington....... SD
276............................ 46105 Perkins.......... SD
277............................ 20035 Cowley........... KS
277............................ 20049 Elk.............. KS
277............................ 20073 Greenwood........ KS
277............................ 20077 Harper........... KS
277............................ 20079 Harvey........... KS
277............................ 20095 Kingman.......... KS
277............................ 20155 Reno............. KS
277............................ 20191 Sumner........... KS
278............................ 20001 Allen............ KS
278............................ 20019 Chautauqua....... KS
278............................ 20099 Labette.......... KS
278............................ 20125 Montgomery....... KS
278............................ 20133 Neosho........... KS
278............................ 20205 Wilson........... KS
278............................ 20207 Woodson.......... KS
278............................ 40035 Craig............ OK
278............................ 40105 Nowata........... OK
278............................ 40147 Washington....... OK
279............................ 16041 Franklin......... ID
279............................ 16071 Oneida........... ID
279............................ 49003 Box Elder........ UT
279............................ 49005 Cache............ UT
280............................ 20025 Clark............ KS
280............................ 20055 Finney........... KS
280............................ 20057 Ford............. KS
280............................ 20067 Grant............ KS
280............................ 20069 Gray............. KS
280............................ 20071 Greeley.......... KS
280............................ 20075 Hamilton......... KS
280............................ 20081 Haskell.......... KS
280............................ 20083 Hodgeman......... KS
280............................ 20093 Kearny........... KS
280............................ 20101 Lane............. KS
280............................ 20119 Meade............ KS
280............................ 20129 Morton........... KS
280............................ 20171 Scott............ KS
280............................ 20175 Seward........... KS
280............................ 20187 Stanton.......... KS
280............................ 20189 Stevens.......... KS
280............................ 20203 Wichita.......... KS
280............................ 40007 Beaver........... OK
280............................ 40025 Cimarron......... OK
280............................ 40139 Texas............ OK
281............................ 40091 McIntosh......... OK
281............................ 40101 Muskogee......... OK
281............................ 40111 Okmulgee......... OK
281............................ 40121 Pittsburg........ OK
282............................ 17057 Fulton........... IL
282............................ 17095 Knox............. IL
282............................ 17123 Marshall......... IL
282............................ 17125 Mason............ IL
282............................ 17109 McDonough........ IL
282............................ 17175 Stark............ IL
282............................ 17187 Warren........... IL
283............................ 36019 Clinton.......... NY
283............................ 36031 Essex............ NY
283............................ 36033 Franklin......... NY
284............................ 45001 Abbeville........ SC
284............................ 45047 Greenwood........ SC
284............................ 45059 Laurens.......... SC
284............................ 45065 McCormick........ SC
285............................ 04001 Apache........... AZ
285............................ 35006 Cibola........... NM
285............................ 35031 McKinley......... NM
286............................ 46099 Minnehaha........ SD
287............................ 55059 Kenosha.......... WI
288............................ 48059 Callahan......... TX
288............................ 48253 Jones............ TX
288............................ 48441 Taylor........... TX
289............................ 49007 Carbon........... UT
289............................ 49013 Duchesne......... UT
289............................ 49015 Emery............ UT
289............................ 49019 Grand............ UT
289............................ 49029 Morgan........... UT
289............................ 49043 Summit........... UT
289............................ 49047 Uintah........... UT
289............................ 49051 Wasatch.......... UT
289............................ 49055 Wayne............ UT
290............................ 27011 Big Stone........ MN
290............................ 27117 Pipestone........ MN
290............................ 27133 Rock............. MN
290............................ 27155 Traverse......... MN
290............................ 46005 Beadle........... SD
290............................ 46011 Brookings........ SD
290............................ 46025 Clark............ SD
290............................ 46029 Codington........ SD
290............................ 46039 Deuel............ SD
290............................ 46051 Grant............ SD
290............................ 46057 Hamlin........... SD
290............................ 46077 Kingsbury........ SD
290............................ 46079 Lake............. SD
290............................ 46097 Miner............ SD
290............................ 46101 Moody............ SD
290............................ 46109 Roberts.......... SD
290............................ 46111 Sanborn.......... SD
291............................ 37123 Montgomery....... NC
291............................ 37125 Moore............ NC
291............................ 37153 Richmond......... NC
292............................ 08101 Pueblo........... CO
293............................ 21221 Trigg............ KY
293............................ 47081 Hickman.......... TN
293............................ 47083 Houston.......... TN
293............................ 47085 Humphreys........ TN
293............................ 47099 Lawrence......... TN
293............................ 47101 Lewis............ TN
293............................ 47135 Perry............ TN
293............................ 47161 Stewart.......... TN
293............................ 47181 Wayne............ TN
294............................ 19013 Black Hawk....... IA
294............................ 19017 Bremer........... IA
295............................ 40071 Kay.............. OK
295............................ 40103 Noble............ OK
295............................ 40117 Pawnee........... OK
295............................ 40119 Payne............ OK
296............................ 42107 Schuylkill....... PA
297............................ 41001 Baker............ OR
297............................ 41021 Gilliam.......... OR
297............................ 41023 Grant............ OR
297............................ 41049 Morrow........... OR
297............................ 41059 Umatilla......... OR
297............................ 41061 Union............ OR
297............................ 41063 Wallowa.......... OR
297............................ 41069 Wheeler.......... OR
298............................ 02068 Denali Borough... AK
298............................ 02090 Fairbanks North AK
Star Borough.
298............................ 02180 Nome Census Area. AK
298............................ 02185 North Slope AK
Borough.
298............................ 02188 Northwest Arctic AK
Borough.
298............................ 02240 Southeast AK
Fairbanks Census
Area.
298............................ 02270 Wade Hampton AK
Census Area.
298............................ 02290 Yukon-Koyukuk AK
Census Area.
299............................ 29001 Adair............ MO
299............................ 29025 Caldwell......... MO
299............................ 29033 Carroll.......... MO
299............................ 29049 Clinton.......... MO
299............................ 29061 Daviess.......... MO
299............................ 29063 DeKalb........... MO
299............................ 29079 Grundy........... MO
299............................ 29081 Harrison......... MO
299............................ 29103 Knox............. MO
299............................ 29117 Livingston....... MO
299............................ 29129 Mercer........... MO
299............................ 29171 Putnam........... MO
299............................ 29197 Schuyler......... MO
299............................ 29211 Sullivan......... MO
300............................ 01011 Bullock.......... AL
300............................ 01013 Butler........... AL
300............................ 01041 Crenshaw......... AL
300............................ 01047 Dallas........... AL
300............................ 01085 Lowndes.......... AL
300............................ 01105 Perry............ AL
300............................ 01109 Pike............. AL
301............................ 27109 Olmsted.......... MN
302............................ 40003 Alfalfa.......... OK
302............................ 40011 Blaine........... OK
302............................ 40015 Caddo............ OK
302............................ 40047 Garfield......... OK
302............................ 40053 Grant............ OK
302............................ 40073 Kingfisher....... OK
302............................ 40093 Major............ OK
302............................ 40151 Woods............ OK
303............................ 30005 Blaine........... MT
303............................ 30013 Cascade.......... MT
303............................ 30015 Chouteau......... MT
303............................ 30035 Glacier.......... MT
303............................ 30041 Hill............. MT
303............................ 30051 Liberty.......... MT
303............................ 30073 Pondera.......... MT
303............................ 30099 Teton............ MT
303............................ 30101 Toole............ MT
304............................ 37171 Surry............ NC
304............................ 37193 Wilkes........... NC
305............................ 40009 Beckham.......... OK
305............................ 40039 Custer........... OK
305............................ 40043 Dewey............ OK
305............................ 40045 Ellis............ OK
305............................ 40055 Greer............ OK
[[Page 22878]]
305............................ 40057 Harmon........... OK
305............................ 40059 Harper........... OK
305............................ 40065 Jackson.......... OK
305............................ 40075 Kiowa............ OK
305............................ 40129 Roger Mills...... OK
305............................ 40149 Washita.......... OK
305............................ 40153 Woodward......... OK
306............................ 48077 Clay............. TX
306............................ 48485 Wichita.......... TX
307............................ 19119 Lyon............. IA
307............................ 31027 Cedar............ NE
307............................ 31107 Knox............. NE
307............................ 46009 Bon Homme........ SD
307............................ 46027 Clay............. SD
307............................ 46061 Hanson........... SD
307............................ 46067 Hutchinson....... SD
307............................ 46083 Lincoln.......... SD
307............................ 46087 McCook........... SD
307............................ 46125 Turner........... SD
307............................ 46135 Yankton.......... SD
308............................ 13079 Crawford......... GA
308............................ 13081 Crisp............ GA
308............................ 13093 Dooly............ GA
308............................ 13193 Macon............ GA
308............................ 13207 Monroe........... GA
308............................ 13249 Schley........... GA
308............................ 13261 Sumter........... GA
308............................ 13269 Taylor........... GA
309............................ 37015 Bertie........... NC
309............................ 37029 Camden........... NC
309............................ 37041 Chowan........... NC
309............................ 37073 Gates............ NC
309............................ 37091 Hertford......... NC
309............................ 37139 Pasquotank....... NC
309............................ 37143 Perquimans....... NC
310............................ 29055 Crawford......... MO
310............................ 29187 St. Francois..... MO
310............................ 29186 Ste. Genevieve... MO
310............................ 29221 Washington....... MO
311............................ 08003 Alamosa.......... CO
311............................ 08009 Baca............. CO
311............................ 08011 Bent............. CO
311............................ 08017 Cheyenne......... CO
311............................ 08021 Conejos.......... CO
311............................ 08023 Costilla......... CO
311............................ 08025 Crowley.......... CO
311............................ 08055 Huerfano......... CO
311............................ 08061 Kiowa............ CO
311............................ 08071 Las Animas....... CO
311............................ 08079 Mineral.......... CO
311............................ 08089 Otero............ CO
311............................ 08099 Prowers.......... CO
311............................ 08105 Rio Grande....... CO
311............................ 08109 Saguache......... CO
311............................ 35007 Colfax........... NM
312............................ 35045 San Juan......... NM
313............................ 48021 Bastrop.......... TX
313............................ 48055 Caldwell......... TX
313............................ 48287 Lee.............. TX
314............................ 48073 Cherokee......... TX
314............................ 48365 Panola........... TX
314............................ 48401 Rusk............. TX
315............................ 30003 Big Horn......... MT
315............................ 30009 Carbon........... MT
315............................ 30017 Custer........... MT
315............................ 30025 Fallon........... MT
315............................ 30075 Powder River..... MT
315............................ 30079 Prairie.......... MT
315............................ 30087 Rosebud.......... MT
315............................ 30103 Treasure......... MT
315............................ 56003 Big Horn......... WY
315............................ 56019 Johnson.......... WY
315............................ 56029 Park............. WY
315............................ 56033 Sheridan......... WY
316............................ 16007 Bear Lake........ ID
316............................ 16029 Caribou.......... ID
316............................ 49009 Daggett.......... UT
316............................ 49033 Rich............. UT
316............................ 56007 Carbon........... WY
316............................ 56023 Lincoln.......... WY
316............................ 56035 Sublette......... WY
316............................ 56037 Sweetwater....... WY
316............................ 56041 Uinta............ WY
317............................ 31059 Fillmore......... NE
317............................ 31067 Gage............. NE
317............................ 31095 Jefferson........ NE
317............................ 31097 Johnson.......... NE
317............................ 31127 Nemaha........... NE
317............................ 31131 Otoe............. NE
317............................ 31133 Pawnee........... NE
317............................ 31147 Richardson....... NE
317............................ 31151 Saline........... NE
317............................ 31159 Seward........... NE
317............................ 31169 Thayer........... NE
317............................ 31185 York............. NE
318............................ 27069 Kittson.......... MN
318............................ 27077 Lake of the Woods MN
318............................ 27089 Marshall......... MN
318............................ 27113 Pennington....... MN
318............................ 27125 Red Lake......... MN
318............................ 27135 Roseau........... MN
318............................ 38005 Benson........... ND
318............................ 38019 Cavalier......... ND
318............................ 38027 Eddy............. ND
318............................ 38063 Nelson........... ND
318............................ 38067 Pembina.......... ND
318............................ 38071 Ramsey........... ND
318............................ 38079 Rolette.......... ND
318............................ 38091 Steele........... ND
318............................ 38095 Towner........... ND
318............................ 38097 Traill........... ND
318............................ 38099 Walsh............ ND
319............................ 13095 Dougherty........ GA
319............................ 13177 Lee.............. GA
320............................ 48235 Irion............ TX
320............................ 48413 Schleicher....... TX
320............................ 48435 Sutton........... TX
320............................ 48451 Tom Green........ TX
321............................ 18029 Dearborn......... IN
321............................ 18047 Franklin......... IN
321............................ 18115 Ohio............. IN
321............................ 18137 Ripley........... IN
321............................ 18155 Switzerland...... IN
322............................ 38009 Bottineau........ ND
322............................ 38013 Burke............ ND
322............................ 38023 Divide........... ND
322............................ 38049 McHenry.......... ND
322............................ 38053 McKenzie......... ND
322............................ 38061 Mountrail........ ND
322............................ 38075 Renville......... ND
322............................ 38101 Ward............. ND
322............................ 38105 Williams......... ND
323............................ 35003 Catron........... NM
323............................ 35053 Socorro.......... NM
323............................ 35057 Torrance......... NM
323............................ 35061 Valencia......... NM
324............................ 42103 Pike............. PA
324............................ 42127 Wayne............ PA
325............................ 38015 Burleigh......... ND
325............................ 38059 Morton........... ND
326............................ 27005 Becker........... MN
326............................ 27087 Mahnomen......... MN
326............................ 27107 Norman........... MN
326............................ 27111 Otter Tail....... MN
326............................ 27167 Wilkin........... MN
327............................ 45017 Calhoun.......... SC
327............................ 45075 Orangeburg....... SC
328............................ 04017 Navajo........... AZ
329............................ 48047 Brooks........... TX
329............................ 48131 Duval............ TX
329............................ 48249 Jim Wells........ TX
329............................ 48261 Kenedy........... TX
329............................ 48273 Kleberg.......... TX
329............................ 48297 Live Oak......... TX
329............................ 48311 McMullen......... TX
330............................ 17033 Crawford......... IL
330............................ 17047 Edwards.......... IL
330............................ 17101 Lawrence......... IL
330............................ 17159 Richland......... IL
330............................ 17185 Wabash........... IL
330............................ 17191 Wayne............ IL
330............................ 17193 White............ IL
331............................ 48079 Cochran.......... TX
331............................ 48189 Hale............. TX
331............................ 48219 Hockley.......... TX
331............................ 48279 Lamb............. TX
331............................ 48305 Lynn............. TX
331............................ 48437 Swisher.......... TX
331............................ 48445 Terry............ TX
332............................ 37007 Anson............ NC
332............................ 45025 Chesterfield..... SC
332............................ 45069 Marlboro......... SC
333............................ 39037 Darke............ OH
333............................ 39149 Shelby........... OH
334............................ 48011 Armstrong........ TX
334............................ 48065 Carson........... TX
334............................ 48075 Childress........ TX
334............................ 48087 Collingsworth.... TX
334............................ 48101 Cottle........... TX
334............................ 48129 Donley........... TX
334............................ 48179 Gray............. TX
334............................ 48191 Hall............. TX
334............................ 48195 Hansford......... TX
334............................ 48211 Hemphill......... TX
334............................ 48233 Hutchinson....... TX
334............................ 48295 Lipscomb......... TX
334............................ 48357 Ochiltree........ TX
334............................ 48393 Roberts.......... TX
334............................ 48483 Wheeler.......... TX
335............................ 22031 De Soto Parish... LA
335............................ 22069 Natchitoches LA
Parish.
335............................ 22081 Red River Parish. LA
335............................ 22085 Sabine Parish.... LA
336............................ 27119 Polk............. MN
336............................ 38035 Grand Forks...... ND
337............................ 48097 Cooke............ TX
337............................ 48237 Jack............. TX
337............................ 48337 Montague......... TX
337............................ 48363 Palo Pinto....... TX
338............................ 08007 Archuleta........ CO
338............................ 08033 Dolores.......... CO
338............................ 08067 La Plata......... CO
338............................ 08083 Montezuma........ CO
338............................ 08111 San Juan......... CO
339............................ 31007 Banner........... NE
339............................ 31013 Box Butte........ NE
339............................ 31033 Cheyenne......... NE
339............................ 31045 Dawes............ NE
339............................ 31105 Kimball.......... NE
339............................ 31123 Morrill.......... NE
[[Page 22879]]
339............................ 31157 Scotts Bluff..... NE
339............................ 31165 Sioux............ NE
339............................ 56015 Goshen........... WY
340............................ 35009 Curry............ NM
340............................ 35011 DeBaca........... NM
340............................ 35021 Harding.......... NM
340............................ 35037 Quay............. NM
340............................ 35041 Roosevelt........ NM
340............................ 35059 Union............ NM
341............................ 35027 Lincoln.......... NM
341............................ 35035 Otero............ NM
342............................ 46003 Aurora........... SD
342............................ 46015 Brule............ SD
342............................ 46017 Buffalo.......... SD
342............................ 46023 Charles Mix...... SD
342............................ 46035 Davison.......... SD
342............................ 46043 Douglas.......... SD
342............................ 46053 Gregory.......... SD
342............................ 46059 Hand............. SD
342............................ 46065 Hughes........... SD
342............................ 46069 Hyde............. SD
342............................ 46073 Jerauld.......... SD
342............................ 46085 Lyman............ SD
342............................ 46117 Stanley.......... SD
342............................ 46119 Sully............ SD
342............................ 46123 Tripp............ SD
343............................ 48043 Brewster......... TX
343............................ 48103 Crane............ TX
343............................ 48105 Crockett......... TX
343............................ 48243 Jeff Davis....... TX
343............................ 48301 Loving........... TX
343............................ 48371 Pecos............ TX
343............................ 48377 Presidio......... TX
343............................ 48383 Reagan........... TX
343............................ 48389 Reeves........... TX
343............................ 48443 Terrell.......... TX
343............................ 48461 Upton............ TX
343............................ 48475 Ward............. TX
343............................ 48495 Winkler.......... TX
344............................ 01007 Bibb............. AL
344............................ 01021 Chilton.......... AL
344............................ 01065 Hale............. AL
345............................ 45039 Fairfield........ SC
345............................ 45071 Newberry......... SC
345............................ 45081 Saluda........... SC
346............................ 37039 Cherokee......... NC
346............................ 37043 Clay............. NC
346............................ 37075 Graham........... NC
346............................ 37113 Macon............ NC
347............................ 22037 East Feliciana LA
Parish.
347............................ 22077 Pointe Coupee LA
Parish.
347............................ 22091 St. Helena Parish LA
347............................ 22125 West Feliciana LA
Parish.
347............................ 28157 Wilkinson........ MS
348............................ 46013 Brown............ SD
348............................ 46021 Campbell......... SD
348............................ 46037 Day.............. SD
348............................ 46041 Dewey............ SD
348............................ 46045 Edmunds.......... SD
348............................ 46049 Faulk............ SD
348............................ 46091 Marshall......... SD
348............................ 46089 McPherson........ SD
348............................ 46107 Potter........... SD
348............................ 46115 Spink............ SD
348............................ 46129 Walworth......... SD
348............................ 46137 Ziebach.......... SD
349............................ 37111 McDowell......... NC
349............................ 37121 Mitchell......... NC
349............................ 37199 Yancey........... NC
350............................ 05037 Cross............ AR
350............................ 05077 Lee.............. AR
350............................ 05107 Phillips......... AR
350............................ 05123 St. Francis...... AR
351............................ 30109 Wibaux........... MT
351............................ 38007 Billings......... ND
351............................ 38011 Bowman........... ND
351............................ 38025 Dunn............. ND
351............................ 38029 Emmons........... ND
351............................ 38033 Golden Valley.... ND
351............................ 38037 Grant............ ND
351............................ 38041 Hettinger........ ND
351............................ 38043 Kidder........... ND
351............................ 38047 Logan............ ND
351............................ 38051 McIntosh......... ND
351............................ 38055 McLean........... ND
351............................ 38057 Mercer........... ND
351............................ 38065 Oliver........... ND
351............................ 38085 Sioux............ ND
351............................ 38087 Slope............ ND
351............................ 38089 Stark............ ND
351............................ 46031 Corson........... SD
352............................ 48177 Gonzales......... TX
352............................ 48255 Karnes........... TX
352............................ 48493 Wilson........... TX
353............................ 17075 Iroquois......... IL
353............................ 18073 Jasper........... IN
353............................ 18111 Newton........... IN
354............................ 55135 Waupaca.......... WI
354............................ 55137 Waushara......... WI
355............................ 56025 Natrona.......... WY
356............................ 53019 Ferry............ WA
356............................ 53043 Lincoln.......... WA
356............................ 53051 Pend Oreille..... WA
356............................ 53065 Stevens.......... WA
357............................ 35039 Rio Arriba....... NM
357............................ 35055 Taos............. NM
358............................ 48031 Blanco........... TX
358............................ 48053 Burnet........... TX
358............................ 48299 Llano............ TX
359............................ 08075 Logan............ CO
359............................ 08087 Morgan........... CO
359............................ 08095 Phillips......... CO
359............................ 08121 Washington....... CO
359............................ 08125 Yuma............. CO
359............................ 31057 Dundy............ NE
360............................ 02100 Haines Borough... AK
360............................ 02105 Hoonah-Angoon AK
Census Area.
360............................ 02110 Juneau Borough... AK
360............................ 02130 Ketchikan Gateway AK
Borough.
360............................ 02195 Petersburg....... AK
360............................ 02198 Prince of Wales- AK
Hyder.
360............................ 02220 Sitka Borough.... AK
360............................ 02230 Skagway AK
Municipality.
360............................ 02275 Wrangell......... AK
360............................ 02282 Yakutat Borough.. AK
361............................ 49023 Juab............. UT
361............................ 49027 Millard.......... UT
361............................ 49039 Sanpete.......... UT
361............................ 49041 Sevier........... UT
362............................ 16003 Adams............ ID
362............................ 16015 Boise............ ID
362............................ 16045 Gem.............. ID
362............................ 16075 Payette.......... ID
362............................ 16085 Valley........... ID
362............................ 16087 Washington....... ID
363............................ 48003 Andrews.......... TX
363............................ 48033 Borden........... TX
363............................ 48115 Dawson........... TX
363............................ 48173 Glasscock........ TX
363............................ 48227 Howard........... TX
363............................ 48317 Martin........... TX
364............................ 30001 Beaverhead....... MT
364............................ 30007 Broadwater....... MT
364............................ 30023 Deer Lodge....... MT
364............................ 30043 Jefferson........ MT
364............................ 30093 Silver Bow....... MT
365............................ 40141 Tillman.......... OK
365............................ 48009 Archer........... TX
365............................ 48023 Baylor........... TX
365............................ 48155 Foard............ TX
365............................ 48197 Hardeman......... TX
365............................ 48429 Stephens......... TX
365............................ 48447 Throckmorton..... TX
365............................ 48487 Wilbarger........ TX
365............................ 48503 Young............ TX
366............................ 53003 Asotin........... WA
366............................ 53023 Garfield......... WA
366............................ 53075 Whitman.......... WA
367............................ 29007 Audrain.......... MO
367............................ 29137 Monroe........... MO
367............................ 29175 Randolph......... MO
367............................ 29205 Shelby........... MO
368............................ 20029 Cloud............ KS
368............................ 20039 Decatur.......... KS
368............................ 20065 Graham........... KS
368............................ 20089 Jewell........... KS
368............................ 20105 Lincoln.......... KS
368............................ 20123 Mitchell......... KS
368............................ 20137 Norton........... KS
368............................ 20141 Osborne.......... KS
368............................ 20143 Ottawa........... KS
368............................ 20147 Phillips......... KS
368............................ 20153 Rawlins.......... KS
368............................ 20157 Republic......... KS
368............................ 20163 Rooks............ KS
368............................ 20183 Smith............ KS
369............................ 19003 Adams............ IA
369............................ 19071 Fremont.......... IA
369............................ 19129 Mills............ IA
369............................ 19137 Montgomery....... IA
369............................ 19145 Page............. IA
369............................ 19173 Taylor........... IA
369............................ 29005 Atchison......... MO
370............................ 19011 Benton........... IA
370............................ 19095 Iowa............. IA
370............................ 19183 Washington....... IA
371............................ 37005 Alleghany........ NC
371............................ 51640 Galax City....... VA
371............................ 51077 Grayson.......... VA
371............................ 51197 Wythe............ VA
372............................ 08039 Elbert........... CO
372............................ 08063 Kit Carson....... CO
372............................ 08073 Lincoln.......... CO
372............................ 20023 Cheyenne......... KS
372............................ 20063 Gove............. KS
372............................ 20109 Logan............ KS
372............................ 20179 Sheridan......... KS
372............................ 20181 Sherman.......... KS
372............................ 20193 Thomas........... KS
372............................ 20199 Wallace.......... KS
373............................ 53013 Columbia......... WA
373............................ 53071 Walla Walla...... WA
374............................ 08115 Sedgwick......... CO
374............................ 31005 Arthur........... NE
374............................ 31009 Blaine........... NE
[[Page 22880]]
374............................ 31029 Chase............ NE
374............................ 31049 Deuel............ NE
374............................ 31069 Garden........... NE
374............................ 31091 Hooker........... NE
374............................ 31101 Keith............ NE
374............................ 31111 Lincoln.......... NE
374............................ 31113 Logan............ NE
374............................ 31117 McPherson........ NE
374............................ 31135 Perkins.......... NE
374............................ 31171 Thomas........... NE
375............................ 35017 Grant............ NM
375............................ 35023 Hidalgo.......... NM
375............................ 35029 Luna............. NM
376............................ 48111 Dallam........... TX
376............................ 48117 Deaf Smith....... TX
376............................ 48205 Hartley.......... TX
376............................ 48341 Moore............ TX
376............................ 48359 Oldham........... TX
376............................ 48421 Sherman.......... TX
377............................ 01023 Choctaw.......... AL
377............................ 01063 Greene........... AL
377............................ 01091 Marengo.......... AL
377............................ 01119 Sumter........... AL
378............................ 13033 Burke............ GA
378............................ 13125 Glascock......... GA
378............................ 13163 Jefferson........ GA
378............................ 13165 Jenkins.......... GA
378............................ 13301 Warren........... GA
379............................ 26033 Chippewa......... MI
379............................ 26095 Luce............. MI
379............................ 26097 Mackinac......... MI
380............................ 26003 Alger............ MI
380............................ 26041 Delta............ MI
380............................ 26153 Schoolcraft...... MI
381............................ 48137 Edwards.......... TX
381............................ 48271 Kinney........... TX
381............................ 48465 Val Verde........ TX
382............................ 56013 Fremont.......... WY
382............................ 56017 Hot Springs...... WY
382............................ 56043 Washakie......... WY
383............................ 19039 Clarke........... IA
383............................ 19053 Decatur.......... IA
383............................ 19117 Lucas............ IA
383............................ 19159 Ringgold......... IA
383............................ 19175 Union............ IA
383............................ 19185 Wayne............ IA
384............................ 19005 Allamakee........ IA
384............................ 19043 Clayton.......... IA
384............................ 19055 Delaware......... IA
385............................ 29111 Lewis............ MO
385............................ 29127 Marion........... MO
385............................ 29173 Ralls............ MO
386............................ 45005 Allendale........ SC
386............................ 45009 Bamberg.......... SC
386............................ 45011 Barnwell......... SC
387............................ 38003 Barnes........... ND
387............................ 38021 Dickey........... ND
387............................ 38039 Griggs........... ND
387............................ 38045 LaMoure.......... ND
387............................ 38073 Ransom........... ND
387............................ 38077 Richland......... ND
387............................ 38081 Sargent.......... ND
388............................ 19009 Audubon.......... IA
388............................ 19029 Cass............. IA
388............................ 19085 Harrison......... IA
388............................ 19165 Shelby........... IA
389............................ 31061 Franklin......... NE
389............................ 31063 Frontier......... NE
389............................ 31065 Furnas........... NE
389............................ 31073 Gosper........... NE
389............................ 31083 Harlan........... NE
389............................ 31085 Hayes............ NE
389............................ 31087 Hitchcock........ NE
389............................ 31099 Kearney.......... NE
389............................ 31137 Phelps........... NE
389............................ 31145 Red Willow....... NE
390............................ 48151 Fisher........... TX
390............................ 48335 Mitchell......... TX
390............................ 48353 Nolan............ TX
390............................ 48415 Scurry........... TX
391............................ 41025 Harney........... OR
391............................ 41045 Malheur.......... OR
392............................ 29075 Gentry........... MO
392............................ 29087 Holt............. MO
392............................ 29147 Nodaway.......... MO
392............................ 29227 Worth............ MO
393............................ 29041 Chariton......... MO
393............................ 29115 Linn............. MO
393............................ 29121 Macon............ MO
394............................ 46007 Bennett.......... SD
394............................ 46055 Haakon........... SD
394............................ 46071 Jackson.......... SD
394............................ 46075 Jones............ SD
394............................ 46095 Mellette......... SD
394............................ 46113 Shannon.......... SD
394............................ 46121 Todd............. SD
395............................ 38031 Foster........... ND
395............................ 38069 Pierce........... ND
395............................ 38083 Sheridan......... ND
395............................ 38093 Stutsman......... ND
395............................ 38103 Wells............ ND
396............................ 19001 Adair............ IA
396............................ 19077 Guthrie.......... IA
396............................ 19121 Madison.......... IA
397............................ 01075 Lamar............ AL
397............................ 01107 Pickens.......... AL
398............................ 31043 Dakota........... NE
398............................ 31051 Dixon............ NE
398............................ 31173 Thurston......... NE
399............................ 48281 Lampasas......... TX
399............................ 48411 San Saba......... TX
400............................ 48017 Bailey........... TX
400............................ 48069 Castro........... TX
400............................ 48369 Parmer........... TX
401............................ 48045 Briscoe.......... TX
401............................ 48107 Crosby........... TX
401............................ 48125 Dickens.......... TX
401............................ 48153 Floyd............ TX
401............................ 48169 Garza............ TX
401............................ 48263 Kent............. TX
401............................ 48345 Motley........... TX
402............................ 48095 Concho........... TX
402............................ 48267 Kimble........... TX
402............................ 48319 Mason............ TX
402............................ 48307 McCulloch........ TX
402............................ 48327 Menard........... TX
403............................ 30027 Fergus........... MT
403............................ 30045 Judith Basin..... MT
403............................ 30059 Meagher.......... MT
403............................ 30071 Phillips......... MT
403............................ 30107 Wheatland........ MT
404............................ 49025 Kane............. UT
404............................ 49037 San Juan......... UT
405............................ 56039 Teton............ WY
406............................ 19105 Jones............ IA
407............................ 16023 Butte............ ID
407............................ 16037 Custer........... ID
407............................ 16059 Lemhi............ ID
408............................ 48081 Coke............. TX
408............................ 48399 Runnels.......... TX
408............................ 48431 Sterling......... TX
409............................ 48207 Haskell.......... TX
409............................ 48269 King............. TX
409............................ 48275 Knox............. TX
409............................ 48417 Shackelford...... TX
409............................ 48433 Stonewall........ TX
410............................ 31031 Cherry........... NE
410............................ 31075 Grant............ NE
410............................ 31161 Sheridan......... NE
411............................ 48109 Culberson........ TX
411............................ 48229 Hudspeth......... TX
412............................ 72001 Adjuntas......... PR
412............................ 72003 Aguada........... PR
412............................ 72005 Aguadilla........ PR
412............................ 72007 Aguas Buenas..... PR
412............................ 72009 Aibonito......... PR
412............................ 72011 Anasco........... PR
412............................ 72013 Arecibo.......... PR
412............................ 72015 Arroyo........... PR
412............................ 72017 Barceloneta...... PR
412............................ 72019 Barranquitas..... PR
412............................ 72021 Bayamon.......... PR
412............................ 72023 Cabo Rojo........ PR
412............................ 72025 Caguas........... PR
412............................ 72027 Camuy............ PR
412............................ 72029 Canovanas........ PR
412............................ 72031 Carolina......... PR
412............................ 72033 Catano........... PR
412............................ 72035 Cayey............ PR
412............................ 72037 Ceiba............ PR
412............................ 72039 Ciales........... PR
412............................ 72041 Cidra............ PR
412............................ 72043 Coamo............ PR
412............................ 72045 Comerio.......... PR
412............................ 72047 Corozal.......... PR
412............................ 72049 Culebra.......... PR
412............................ 72051 Dorado........... PR
412............................ 72053 Fajardo.......... PR
412............................ 72054 Florida.......... PR
412............................ 72055 Guanica.......... PR
412............................ 72057 Guayama.......... PR
412............................ 72059 Guayanilla....... PR
412............................ 72061 Guaynabo......... PR
412............................ 72063 Gurabo........... PR
412............................ 72065 Hatillo.......... PR
412............................ 72067 Hormigueros...... PR
412............................ 72069 Humacao.......... PR
412............................ 72071 Isabela.......... PR
412............................ 72073 Jayuya........... PR
412............................ 72075 Juana Diaz....... PR
412............................ 72077 Juncos........... PR
412............................ 72079 Lajas............ PR
412............................ 72081 Lares............ PR
412............................ 72083 Las Marias....... PR
412............................ 72085 Las Piedras...... PR
412............................ 72087 Loiza............ PR
412............................ 72089 Luquillo......... PR
412............................ 72091 Manati........... PR
412............................ 72093 Maricao.......... PR
412............................ 72095 Maunabo.......... PR
412............................ 72097 Mayaguez......... PR
412............................ 72099 Moca............. PR
412............................ 72101 Morovis.......... PR
412............................ 72103 Naguabo.......... PR
412............................ 72105 Naranjito........ PR
412............................ 72107 Orocovis......... PR
412............................ 72109 Patillas......... PR
412............................ 72111 Penuelas......... PR
412............................ 72113 Ponce............ PR
412............................ 72115 Quebradillas..... PR
412............................ 72117 Rincon........... PR
412............................ 72119 Rio Grande....... PR
412............................ 72121 Sabana Grande.... PR
[[Page 22881]]
412............................ 72123 Salinas.......... PR
412............................ 72125 San German....... PR
412............................ 72127 San Juan......... PR
412............................ 72129 San Lorenzo...... PR
412............................ 72131 San Sebastian.... PR
412............................ 72133 Santa Isabel..... PR
412............................ 72135 Toa Alta......... PR
412............................ 72137 Toa Baja......... PR
412............................ 72139 Trujillo Alto.... PR
412............................ 72141 Utuado........... PR
412............................ 72143 Vega Alta........ PR
412............................ 72145 Vega Baja........ PR
412............................ 72147 Vieques.......... PR
412............................ 72149 Villalba......... PR
412............................ 72151 Yabucoa.......... PR
412............................ 72153 Yauco............ PR
413............................ 66010 Guam............. GU.
413............................ 69085 Northern Islands. MP
413............................ 69100 Rota............. MP
413............................ 69110 Saipan........... MP
413............................ 69120 Tinian........... MP
414............................ 78010 St. Croix........ VI
414............................ 78020 St. John......... VI
414............................ 78030 St. Thomas....... VI
415............................ 60010 Eastern District. AS
415............................ 60020 Manu'a District.. AS
415............................ 60030 Rose Island...... AS
415............................ 60040 Swains Island.... AS
415............................ 60050 Western District. AS
416............................ 99023 Gulf of Mexico GM
Central and East.
416............................ 99001 Gulf of Mexico GM
West.
------------------------------------------------------------------------
0
18. Amend Sec. 27.11 by adding paragraph (l) to read as follows:
Sec. 27.11 Initial authorization.
* * * * *
(l) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz
Service will be based on Partial Economic Areas (PEAs), as specified in
Sec. 27.6(m), and the frequency sub-blocks specified in Sec. 27.5(m).
0
19. Amend Sec. 27.13 by adding paragraph (m) to read as follows:
Sec. 27.13 License period.
* * * * *
(m) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz
Service in the 3700-3980 MHz band will have a term not to exceed 15
years from the date of issuance or renewal.
0
20. Amend Sec. 27.14 by revising the first sentence of paragraphs (a)
and (k) and adding paragraph (v) to read as follows:
Sec. 27.14 Construction requirements.
(a) AWS and WCS licensees, with the exception of WCS licensees
holding authorizations for the 600 MHz band, Block A in the 698-704 MHz
and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz
bands, Block E in the 722-728 MHz band, Block C, C1 or C2 in the 746-
757 MHz and 776-787 MHz bands, Block A in the 2305-2310 MHz and 2350-
2355 MHz bands, Block B in the 2310-2315 MHz and 2355-2360 MHz bands,
Block C in the 2315-2320 MHz band, Block D in the 2345-2350 MHz band,
and in the 3700-3980 MHz band, and with the exception of licensees
holding AWS authorizations in the 1915-1920 MHz and 1995-2000 MHz
bands, the 2000-2020 MHz and 2180-2200 MHz bands, or 1695-1710 MHz,
1755-1780 MHz and 2155-2180 MHz bands, must, as a performance
requirement, make a showing of ``substantial service'' in their license
area within the prescribed license term set forth in Sec. 27.13. * * *
* * * * *
(k) Licensees holding WCS or AWS authorizations in the spectrum
blocks enumerated in paragraphs (g), (h), (i), (q), (r), (s), (t), and
(v) of this section, including any licensee that obtained its license
pursuant to the procedures set forth in paragraph (j) of this section,
shall demonstrate compliance with performance requirements by filing a
construction notification with the Commission, within 15 days of the
expiration of the applicable benchmark, in accordance with the
provisions set forth in Sec. 1.946(d) of this chapter. * * *
* * * * *
(v) The following provisions apply to any licensee holding an
authorization in the 3700-3980 MHz band:
(1) Licensees relying on mobile or point-to-multipoint service
shall provide reliable signal coverage and offer service within eight
(8) years from the date of the initial license to at least forty-five
(45) percent of the population in each of its license areas (``First
Buildout Requirement''). Licensee shall provide reliable signal
coverage and offer service within twelve (12) years from the date of
the initial license to at least eighty (80) percent of the population
in each of its license areas (``Second Buildout Requirement'').
Licensees relying on point-to-point service shall demonstrate within
eight years of the license issue date that they have four links
operating and providing service to customers or for internal use if the
population within the license area is equal to or less than 268,000
and, if the population is greater than 268,000, that they have at least
one link in operation and providing service to customers, or for
internal use, per every 67,000 persons within a license area (``First
Buildout Requirement''). Licensees relying on point-to-point service
shall demonstrate within 12 years of the license issue date that they
have eight links operating and providing service to customers or for
internal use if the population within the license area is equal to or
less than 268,000 and, if the population within the license area is
greater than 268,000, shall demonstrate they are providing service and
have at least two links in operation per every 67,000 persons within a
license area (``Second Buildout Requirement'').
(2) In the alternative, a licensee offering Internet of Things-type
services shall provide geographic area coverage within eight (8) years
from the date of the initial license to thirty-five (35) percent of the
license (``First Buildout Requirement''). A licensee offering Internet
of Things-type services shall provide geographic area coverage within
twelve (12) years from the date of the initial license to sixty-five
(65) percent of the license (``Second Buildout Requirement'').
(3) If a licensee fails to establish that it meets the First
Buildout Requirement for a particular license area, the licensee's
Second Buildout Requirement deadline and license term will be reduced
by two years. If a licensee fails to establish that it meets the Second
Buildout Requirement for a particular license area, its authorization
for each license area in which it fails to meet the Second Buildout
Requirement shall terminate automatically without Commission action,
and the licensee will be ineligible to regain it if the Commission
makes the license available at a later date.
(4) To demonstrate compliance with these performance requirements,
licensees shall use the most recently available decennial U.S. Census
Data at the time of measurement and shall base their measurements of
population or geographic area served on areas no larger than the Census
Tract level. The population or area within a specific Census Tract (or
other acceptable identifier) will be deemed served by the licensee only
if it provides reliable signal coverage to and offers service within
the specific Census Tract (or other acceptable identifier). To the
extent the Census Tract (or other acceptable identifier) extends beyond
the boundaries of a license area, a licensee with authorizations for
such areas may include only the population or geographic area within
the Census Tract (or other acceptable identifier) towards meeting the
performance requirement of a single, individual license. If a licensee
does not provide reliable signal coverage to an entire license area,
the license must provide a map that accurately depicts the boundaries
of the area or areas within each license area not being served. Each
[[Page 22882]]
licensee also must file supporting documentation certifying the type of
service it is providing for each licensed area within its service
territory and the type of technology used to provide such service.
Supporting documentation must include the assumptions used to create
the coverage maps, including the propagation model and the signal
strength necessary to provide reliable service with the licensee's
technology.
0
21. Amend Sec. 27.50 by adding paragraph (j) to read as follows:
Sec. 27.50 Power limits and duty cycle.
* * * * *
(j) The following power requirements apply to stations transmitting
in the 3700-3980 MHz band:
(1) The power of each fixed or base station transmitting in the
3700-3980 MHz band and located in any county with population density of
100 or fewer persons per square mile, based upon the most recently
available population statistics from the Bureau of the Census, is
limited to an equivalent isotropically radiated power (EIRP) of 3280
Watts/MHz. This limit applies to the aggregate power of all antenna
elements in any given sector of a base station.
(2) The power of each fixed or base station transmitting in the
3700-3980 MHz band and situated in any geographic location other than
that described in paragraph (j)(1) of this section is limited to an
EIRP of 1640 Watts/MHz. This limit applies to the aggregate power of
all antenna elements in any given sector of a base station.
(3) Mobile and portable stations are limited to 1 Watt EIRP. Mobile
and portable stations operating in these bands must employ a means for
limiting power to the minimum necessary for successful communications.
(4) Equipment employed must be authorized in accordance with the
provisions of Sec. 27.51. Power measurements for transmissions by
stations authorized under this section may be made either in accordance
with a Commission-approved average power technique or in compliance
with paragraph (j)(5) of this section. In measuring transmissions in
this band using an average power technique, the peak-to-average ratio
(PAR) of the transmission may not exceed 13 dB.
(5) Peak transmit power must be measured over any interval of
continuous transmission using instrumentation calibrated in terms of an
rms-equivalent voltage. The measurement results shall be properly
adjusted for any instrument limitations, such as detector response
times, limited resolution bandwidth capability when compared to the
emission bandwidth, sensitivity, and any other relevant factors, so as
to obtain a true peak measurement for the emission in question over the
full bandwidth of the channel.
0
22. Amend Sec. 27.53 by adding paragraph (l) to read as follows:
Sec. 27.53 Emission limits.
* * * * *
(l) 3.7 GHz Service. The following emission limits apply to
stations transmitting in the 3700-3980 MHz band:
(1) For base station operations in the 3700-3980 MHz band, the
conducted power of any emission outside the licensee's authorized
bandwidth shall not exceed -13 dBm/MHz. Compliance with this paragraph
(l)(1) is based on the use of measurement instrumentation employing a
resolution bandwidth of 1 megahertz or greater. However, in the 1
megahertz bands immediately outside and adjacent to the licensee's
frequency block, a resolution bandwidth of at least one percent of the
emission bandwidth of the fundamental emission of the transmitter may
be employed. The emission bandwidth is defined as the width of the
signal between two points, one below the carrier center frequency and
one above the carrier center frequency, outside of which all emissions
are attenuated at least 26 dB below the transmitter power.
(2) For mobile operations in the 3700-3980 MHz band, the conducted
power of any emission outside the licensee's authorized bandwidth shall
not exceed -13 dBm/MHz. Compliance with this paragraph (l)(2) is based
on the use of measurement instrumentation employing a resolution
bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands
immediately outside and adjacent to the licensee's frequency block, the
minimum resolution bandwidth for the measurement shall be either one
percent of the emission bandwidth of the fundamental emission of the
transmitter or 350 kHz. In the bands between 1 and 5 MHz removed from
the licensee's frequency block, the minimum resolution bandwidth for
the measurement shall be 500 kHz. The emission bandwidth is defined as
the width of the signal between two points, one below the carrier
center frequency and one above the carrier center frequency, outside of
which all emissions are attenuated at least 26 dB below the transmitter
power.
* * * * *
0
23. Amend Sec. 27.55 by adding paragraph (d) to read as follows:
Sec. 27.55 Power strength limits.
* * * * *
(d) Power flux density for stations operating in the 3700-3980 MHz
band. For base and fixed stations operation in the 3700-3980 MHz band
in accordance with the provisions of Sec. 27.50(j), the power flux
density (PFD) at any location on the geographical border of a
licensee's service area shall not exceed -76 dBm/m\2\/MHz. This power
flux density will be measured at 1.5 meters above ground. Licensees in
adjacent geographic areas may voluntarily agree to operate under a
higher PFD at their common boundary.
0
24. Amend Sec. 27.57 by revising paragraph (c) to read as follows:
Sec. 27.57 International coordination.
* * * * *
(c) Operation in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz,
1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180
MHz, 2180-2200 MHz, and 3700-3980 MHz bands is subject to international
agreements with Mexico and Canada.
0
25. Amend Sec. 27.75 by adding paragraph (a)(3) to read as follows:
Sec. 27.75 Basic interoperability requirement.
(a) * * *
(3) Mobile and portable stations that operate on any portion of
frequencies in the 3700-3980 MHz band must be capable of operating on
all frequencies in the 3700-3980 MHz band using the same air interfaces
that the equipment utilizes on any frequencies in the 3700-3980 MHz
band.
* * * * *
0
26. Add subpart O to read as follows:
Subpart O--3.7 GHz Service (3700-3980 MHz)
Sec.
27.1401 Licenses in the 3.7 GHz Service are subject to competitive
bidding.
27.1402 Designated entities in the 3.7 GHz Service.
27.1411 Transition of the 3700-3980 MHz band to the 3.7 GHz Service.
27.1412 Transition Plan.
27.1413 Relocation Coordinator.
27.1414 Relocation Payment Clearinghouse.
27.1415 Documentation of expenses.
27.1416 Reimbursable costs.
27.1417 Reimbursement fund.
27.1418 Payment obligations.
27.1419 Lump sum payment for earth station opt out.
27.1420 Cost-sharing formula.
27.1421 Disputes over costs and cost-sharing.
27.1422 Accelerated relocation payments.
27.1423 Protection of incumbent operations.
27.1424 Agreements between 3.7 GHz Service licensees and C-Band
earth station operators.
[[Page 22883]]
Sec. 27.1401 Licenses in the 3.7 GHz Service are subject to
competitive bidding.
Mutually exclusive initial applications for licenses in the 3.7 GHz
Service are subject to competitive bidding. The general competitive
bidding procedures set forth in 47 CFR part 1, subpart Q, will apply
unless otherwise provided in this subpart.
Sec. 27.1402 Designated entities in the 3.7 GHz Service.
(a) Eligibility for small business provisions--(1) Definitions--(i)
Small business. A small business is an entity that, together with its
affiliates, its controlling interests, and the affiliates of its
controlling interests, has average gross revenues not exceeding $55
million for the preceding five (5) years.
(ii) Very small business. A very small business is an entity that,
together with its affiliates, its controlling interests, and the
affiliates of its controlling interests, has average gross revenues not
exceeding $20 million for the preceding five (5) years.
(2) Bidding credits. A winning bidder that qualifies as a small
business, as defined in this section, or a consortium of such small
businesses as provided in Sec. 1.2110(c)(6) of this chapter, may use a
bidding credit of 15 percent, subject to the cap specified in Sec.
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a
very small business, as defined in this section, or a consortium of
such very small businesses as provided in Sec. 1.2110(c)(6) of this
chapter, may use a bidding credit of 25 percent, subject to the cap
specified in Sec. 1.2110(f)(2)(ii) of this chapter.
(b) Eligibility for rural service provider bidding credit. A rural
service provider, as defined in Sec. 1.2110(f)(4)(i) of this chapter,
that has not claimed a small business bidding credit may use the
bidding credit of 15 percent specified in Sec. 1.2110(f)(4) of this
chapter.
Sec. 27.1411 Transition of the 3700-3980 MHz band to the 3.7 GHz
Service.
(a) Transition of the 3700-3798 MHz Band. The 3700-3980 MHz band is
being transitioned in the lower 48 contiguous states and the District
of Columbia from geostationary satellite orbit (GSO) fixed-satellite
service (space-to-Earth) and fixed service operations to the 3.7 GHz
Service.
(b) Definitions--(1) Incumbent space station operator. An incumbent
space station operator is defined as a space station operator
authorized to provide C-band service to any part of the contiguous
United States pursuant to an FCC-issued license or grant of market
access as of June 21, 2018.
(2) Eligible space station operator. For purposes of determining
eligibility to receive reimbursement for relocation costs incurred as a
result of the transition of FSS operations to the 4000-4200 MHz band,
an eligible space station operators may receive reimbursement for
relocation costs incurred as a result of the transition of FSS
operations to the 4000-4200 MHz band. An eligible space station
operator is defined as an incumbent space station operator that has
demonstrated as of February 1, 2020, that it has an existing
relationship to provide service via C-band satellite transmission to
one or more incumbent earth stations in the contiguous United States.
Such existing relationships may be directly with the incumbent earth
station, or indirectly through content distributors or other entities,
so long as the relationship requires the provision of C-band satellite
services to one or more specific incumbent earth stations in the
contiguous United States.
(3) Incumbent earth station. An incumbent earth station for this
subpart is defined as an earth station that is entitled to interference
protection pursuant to Sec. 25.138(c) of this chapter. An incumbent
earth station must transition above 4000 MHz pursuant to this subpart.
An incumbent earth station will be able to continue receiving
uninterrupted service both during and after the transition.
(4) Earth station migration. Earth station migration includes any
necessary changes that allow the uninterrupted reception of service by
an incumbent earth station on new frequencies in the upper portion of
the band, including, but not limited to retuning and repointing
antennas, ``dual illumination'' during which the same programming is
simultaneously downlinked over the original and new frequencies, and
the installation of new equipment or software at earth station uplink
and/or downlink locations for customers identified for technology
upgrades necessary to facilitate the repack, such as compression
technology or modulation.
(5) Earth station filtering. A passband filter must be installed at
the site of each incumbent earth station at the same time or after it
has been migrated to new frequencies to block signals from adjacent
channels and to prevent harmful interference from licensees in the 3.7
GHz Service. Earth station filtering can occur either simultaneously
with, or after, the earth station migration, or can occur at any point
after the earth station migration so long as all affected earth
stations in a given Partial Economic Area and surrounding areas are
filtered prior to a licensee in the 3.7 GHz Service commencing
operations.
(6) Contiguous United States (CONUS). For the purposes of the rules
established in this subpart, contiguous United States consists of the
contiguous 48 states and the District of Columbia as defined by Partial
Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-
411, which includes areas within 12 nautical miles of the U.S. Gulf
coastline (see Sec. 27.6(m)). In this context, the rest of the United
States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau,
Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands,
American Samoa, and the Gulf of Mexico PEAs.
(7) Relocation Payment Clearinghouse. A Relocation Payment
Clearinghouse is a neutral, independent third-party to administer the
cost management for the transition of the 3700-4000 MHz band from the
Fixed Satellite Service and Fixed Service to the 3.7 GHz Service.
(8) Relocation Coordinator. A Relocation Coordinator is a third
party that will ensure that all incumbent space station operators are
relocating in a timely matter, and that is selected consistent with
Sec. 27.1413. The Relocation Coordinator will have technical
experience in understanding and working on earth stations and will
manage the migration and filtering of incumbent earth stations of
eligible space station operators that decline accelerated relocation
payment.
Sec. 27.1412 Transition Plan.
(a) Relocation deadlines. Eligible space station operators are
responsible for all necessary actions to clear their transponders from
the 3700-4000 MHz band (e.g., launching new satellites, reprogramming
transponders, exchanging customers) and to migrate the existing
services of incumbent earth stations in CONUS to the 4000-4200 MHz band
(unless the incumbent earth station opts out of the formal relocation
process, per paragraph (e) of this section), as of December 5, 2025.
Eligible space station operators that fail to do so will be in
violation of the conditions of their license authorization and
potentially subject to forfeitures and other sanctions.
(b) Accelerated relocation deadlines. An eligible space station
operator shall qualify for accelerated relocation payments by
completing an early transition of the band to the 3.7 GHz Service.
(1) Phase I deadline. An eligible space station operator shall
receive an accelerated relocation payment if it clears its transponders
from the 3700-
[[Page 22884]]
3820 MHz band and migrates all associated incumbent earth stations in
CONUS above 3820 MHz no later than December 5, 2021 (Phase I deadline).
To satisfy the Phase I deadline, an eligible space station operator
must also provide passband filters to block signals from the 3700-3820
MHz band on all associated incumbent earth stations in PEAs 1-4, 6-10,
12-19, 21-41, and 43-50 no later than December 5, 2021 (see Sec.
27.6(m)). If an eligible space station operator receives an accelerated
relocation payment for meeting this deadline, it must also satisfy the
second early clearing deadline of December 5, 2023.
(2) Phase II deadline. An eligible space station operator shall
receive an accelerated relocation payment if it clears its transponders
from the 3700-4000 MHz band and migrates incumbent earth stations in
CONUS above 4000 MHz no later than December 5, 2023 (Phase II
deadline). To satisfy the Phase II deadline, an eligible space station
operator must also provide passband filters on all associated incumbent
earth stations in CONUS no later than December 5, 2023.
(3) Transition delays. An eligible space station operator shall not
be held responsible for circumstances beyond their control related to
earth station migration or filtering.
(i) An eligible space station operator must submit a notice of any
incumbent earth station transition delays to the Wireless
Telecommunications Bureau within 7 days of discovering an inability to
accomplish the assigned earth station transition task. Such a request
must include supporting documentation to allow for resolution as soon
as practicable and must be submitted before the accelerated relocation
deadlines.
(4) Responsibility for meeting accelerated relocation deadlines. An
eligible space station operator's satisfaction of the accelerated
relocation deadlines shall be determined on an individual basis.
(c) Accelerated relocation election. An eligible space station
operator may elect to receive accelerated relocation payments to
transition the 3700-4000 MHz band to the 3.7 GHz Service according to
the Phase I and Phase II deadlines via a written commitment by filing
an accelerated relocation election in GN Docket No. 18-122 no later
than May 29, 2020.
(1) The Wireless Telecommunications Bureau will prescribe the
precise form of such election via Public Notice no later than May 12,
2020.
(2) Each eligible space station operator that that makes an
accelerated relocation election will be required, as part of its filing
of this accelerated relocation election, to commit to paying the
administrative costs of the Clearinghouse until the Commission awards
licenses to the winning bidders in the auction, at which time those
administrative costs will be repaid to those space station operators.
(d) Transition Plan. Eligible space station operators must file
with the Commission in GN Docket No. 18-122 no later than June 12,
2020, a Transition Plan that describes the actions that must be taken
to clear transponders on space stations and to migrate and filter earth
stations. Eligible space station operators must make any necessary
updates or resolve any deficiencies in their individual Transition
Plans by August 14, 2020.
(1) The Transition Plan must detail the eligible space station
operator's individual timeline and necessary actions for clearing its
transponders from the 3700-4000 MHz band, including:
(i) All existing space stations with operations that will need to
be transitioned to operations above 4000 MHz;
(ii) The number of new satellites, if any, that the space station
operator will need to launch in order to maintain sufficient capacity
post-transition, including detailed descriptions of why such new
satellites are necessary;
(iii) The specific grooming plan for migrating existing services
above 4000 MHz, including the pre- and post-transition frequencies that
each customer will occupy;
(iv) Any necessary technology upgrades or other solutions, such as
video compression or modulation, that the space station operator
intends to implement;
(v) The number and location of incumbent earth stations antennas
currently receiving the space station operator's transmissions that
will need to be transitioned above 4000 MHz;
(vi) An estimate of the number and location of incumbent earth
station antennas that will require retuning and/or repointing in order
to receive content on new transponder frequencies post-transition; and
(vii) The specific timeline by which the space station operator
will implement the actions described in its plan including any
commitments to satisfy an early clearing.
(2) To the extent that incumbent earth stations are not accounted
for in eligible space station operators' Transition Plans, the
Relocation Coordinator must prepare an Earth Station Transition Plan
for such incumbent earth stations and may require each associated space
station operator to file the information needed for such a plan with
the Relocation Coordinator.
(i) Where space station operators do not elect to clear by the
accelerated relocation deadlines and therefore are not responsible for
earth station relocation, the Earth Station Transition Plan must
provide timelines that ensure all earth station relocation is completed
no later than the relocation deadline.
(ii) The Relocation Coordinator will describe and recommend the
respective responsibility of each party for earth station migration and
filtering obligations in the Earth Station Transition Plan and assist
incumbent earth stations in transitioning including, for example, by
installing filters or hiring a third party to install such filters to
the extent necessary.
(e) Incumbent earth station opt-out. An incumbent earth station
within the contiguous United States may opt out of the formal
relocation process and accept a lump sum payment equal to the estimated
reasonable transition costs of earth station migration and filtering,
as determined by the Wireless Telecommunications Bureau, in lieu of
actual relocation costs. Such an incumbent earth station is responsible
for coordinating with the relevant space station operator as necessary
and performing all relocation actions on its own, including switching
to alternative transmission mechanisms such as fiber, and it will not
receive further reimbursement for any costs exceeding the lump sum
payment. An incumbent earth station electing to opt out must inform the
appropriate space station operator(s) and the Relocation Coordinator
that earth station migration and filtering will not be necessary for
the relevant earth station site and must coordinate with operators to
avoid any disruption of video and radio programming.
(f) Space station status reports. On a quarterly basis, beginning
December 31, 2020: Each eligible space station operator must provide a
status report of its clearing efforts. Eligible space station operators
may file joint status reports.
(g) Certification of accelerated relocation. Each eligible space
station operator must file a timely certification that it has completed
the necessary clearing actions to satisfy each accelerated relocation
deadline. The certification must be filed once the eligible space
station operator completes its obligations but no later than the
applicable accelerated relocation deadline. The Wireless
Telecommunication Bureau will prescribe the form of such certification.
[[Page 22885]]
(1) The Bureau, Clearinghouse, and relevant stakeholders will have
the opportunity to review the certification of accelerated relocation
and identify potential deficiencies. The Wireless Telecommunications
Bureau will prescribe the form of any challenges by relevant
stakeholders as to the validity of the certification and will establish
the process for how such challenges will impact the incremental
decreases in the accelerated relocation payment as set- forth in Sec.
27.1422(d).
(2) If credible challenges as to the space station operator's
satisfaction of the relevant deadline are made, the Bureau will issue a
public notice identifying such challenges and will render a final
decision as to the validity of the certification no later than 60 days
from its filing. Absent notice from the Bureau of any such deficiencies
within 30 days of the filing of the certification, the certification of
accelerated relocation will be deemed validated.
(h) Delegated authority. The Wireless Telecommunications Bureau is
delegated the role of providing clarifications or interpretations to
eligible space station operators of the Commission's orders for all
aspects of the transition.
Sec. 27.1413 Relocation Coordinator.
(a) Search committee. If eligible space station operators elect to
receive accelerated relocation payments no later than May 29, 2020, so
that a supermajority (80%) of accelerated relocation payments are
accepted, each such electing eligible space station operator shall be
eligible to appoint one member to a search committee that will seek
proposals for a third-party with technical experience in understanding
and working on earth stations to serve as a Relocation Coordinator and
to manage the migration and filtering of incumbent earth stations of
eligible space station operators that decline accelerated relocation
payment.
(1) The search committee should proceed by consensus; however, if a
vote on selection of a Relocation Coordinator is required, it shall be
by a supermajority (80%).
(i) The search committee shall notify the Commission of its choice
of Relocation Coordinator.
(ii) The Wireless Telecommunications Bureau shall issue a Public
Notice inviting comment on whether the entity selected satisfies the
criteria established in paragraph (b) of this section and issue a final
order announcing whether the criteria has been satisfied;
(iii) Should the Wireless Telecommunications Bureau be unable to
find the criteria have been satisfied, the selection process will start
over and the search committee will submit a new proposed entity.
(2) If eligible space station operators select a Relocation
Coordinator, they shall be responsible for paying its costs.
(3) In the event that the search committee fails to select a
Relocation Coordinator and to notify the Commission by July 31, 2020,
or in the case that at least 80% of accelerated relocation payments are
not accepted (and thus accelerated relocation is not triggered):
(i) The search committee will be dissolved without further action
by the Commission.
(ii) The Commission will initiate a procurement of a Relocation
Coordinator to facilitate the transition. Specifically, the Office of
the Managing Director will initiate the procurement, and the Wireless
Telecommunications Bureau will take all other necessary actions to meet
the accelerated relocation deadlines (to the extent applicable to any
given operator) and the relocation deadline.
(iii) In the case that the Wireless Telecommunications Bureau
selects the Relocation Coordinator, overlay licensees will,
collectively, pay for the services of the Relocation Coordinator and
staff. The Relocation Coordinator shall submit its own reasonable costs
to the Relocation Clearinghouse, who will then collect payments from
overlay licensees. It shall also provide additional financial
information as requested by the Bureau to satisfy the Commission's
oversight responsibilities and/or agency specific/government-wide
reporting obligations.
(b) Relocation Coordinator criteria. The Relocation Coordinator
must be able to demonstrate that it has the requisite expertise to
perform the duties required, which will include:
(1) Coordinating the schedule for clearing the band;
(2) Performing engineering analysis, as necessary to determine
necessary earth station migration actions;
(3) Assigning obligations, as necessary, for earth station
migrations and filtering;
(4) Coordinating with overlay licensees throughout the transition
process;
(5) Assessing the completion of the transition in each PEA and
determining overlay licensees' ability to commence operations; and
(6) Mediating scheduling disputes.
(c) Relocation Coordinator duties. The Relocation Coordinator
shall:
(1) Establish a timeline and take actions necessary to migrate and
filter incumbent earth stations to ensure uninterrupted service during
and following the transition.
(2) Review the Transition Plans filed by all eligible space station
operators and recommend any changes to those plans to the Commission to
the extent needed to ensure a timely transition.
(3) To the extent that incumbent earth stations are not accounted
for in eligible space station operators' Transition Plans, the
Relocation Coordinator must include those incumbent earth stations in
an Earth Station Transition Plan.
(i) May require each associated space station operator to file the
information needed for such a plan with the Relocation Coordinator.
(ii) Will describe and recommend the respective responsibility of
each party for earth station migration obligations in the Earth Station
Transition Plan and assist incumbent earth stations in transitioning
including, for example, by installing filters or hiring a third party
to install such filters to the extent necessary.
(4) Coordinate its operations with overlay licensees.
(5) Be responsible for receiving notice from earth station
operators or other satellite customers of any disputes related to
comparability of facilities, workmanship, or preservation of service
during the transition and shall subsequently notify the Wireless
Telecommunications Bureau of the dispute and provide recommendations
for resolution.
(6) Must make real time disclosures of the content and timing of
and the parties to communications, if any, from or to applicants to
participate in the competitive bidding, as defined by Sec.
1.2105(c)(5)(i) of this chapter whenever the prohibition in Sec.
1.2105(c) of this chapter applies to competitive bidding for licenses
in the 3.7 GHz Service.
(7) Incumbent space station operators must cooperate in good faith
with the Relocation Coordinator throughout the transition.
(d) Status reports. On a quarterly basis, beginning December 31,
2020, the Relocation Coordinator must provide a report on the overall
status of clearing efforts.
(e) Document requests. The Wireless Telecommunications Bureau, in
consultation with the Office of Managing Director, may request any
documentation from the Relocation Coordinator necessary to provide
guidance or carry out oversight.
Sec. 27.1414 Relocation Payment Clearinghouse.
A Relocation Payment Clearinghouse shall be selected and serve to
administer
[[Page 22886]]
the cost-related aspects of the transition in a fair, transparent
manner, pursuant to Commission rules and oversight, to mitigate
financial disputes among stakeholders, and to collect and distribute
payments in a timely manner for the transition of the 3700-4000 MHz
band to the 3.7 GHz Service.
(a) Selection process. (1) A search committee will select the
Relocation Payment Clearinghouse. The search committee shall consist of
member appointed by each of following nine entities: ACA Connects,
Intelsat, SES, Eutelsat S.A., National Association Broadcasters,
National Cable Television Association, CTIA, Competitive Carriers
Association, and WISPA.
(2) The search committee shall convene no later than June 22, 2020
and shall notify the Commission of the detailed selection criteria for
the position of Relocation Payment Clearinghouse no later than June 1,
2020. Such criteria must be consistent with the qualifications, roles,
and duties of the Relocation Payment Clearinghouse specified in this
subpart. The Wireless Telecommunications Bureau (Bureau) is directed,
on delegated authority, to issue a Public Notice notifying the public
that the search committee has published criteria, outlining submission
requirements, and providing the closing dates for the selection of the
Relocation Payment Clearinghouse and source (i.e., web page).
(3) The search committee should proceed by consensus; however, if a
vote on selection of a Relocation Payment Clearinghouse is required, it
shall be by a majority.
(4) In the event that the search committee fails to select a
Relocation Payment Clearinghouse and to notify the Commission by July
31, 2020, the search committee will be dissolved without further action
by the Commission. In the event that the search committee fails to
select a Clearinghouse and to notify the Commission by July 31, 2020,
two of the nine members of the search committee will be dropped
therefrom by lot, and the remaining seven members of the search
committee shall select a Clearinghouse by majority vote by August 14,
2020.
(5) During the course of the Relocation Payment Clearinghouse's
tenure, the Commission will take such measures as are necessary to
ensure timely compliance, including, should it become necessary,
issuing subsequent public notices to select new Relocation Payment
Clearinghouses(s).
(b) Selection criteria. (1) The Relocation Payment Clearinghouse
must be a neutral, independent entity with no conflicts of interest
(organizational or personal) on the part of the organization or its
officers, directors, employees, contractors, or significant
subcontractors.
(i) Organizational conflicts of interest means that because of
other activities or relationships with other entities, the Relocation
Payment Clearinghouse, its contractors, or significant subcontractors
are unable or potentially unable to render impartial services,
assistance or advice; the Relocation Payment Clearinghouse's
objectivity in performing its function is or might be otherwise
impaired; or the Relocation Payment Clearinghouse might gain an unfair
competitive advantage.
(ii) Personal conflict of interest means a situation in which an
employee, officer, or director of the Relocation Payment Clearinghouse,
the Relocation Payment Clearinghouse's contractors or significant
subcontractors has a financial interest, personal activity, or
relationship that could impair that person's ability to act impartially
and in the best interest of the transition when performing their
assigned role, or is engaged in self-dealing.
(2) The Relocation Payment Clearinghouse must be able to
demonstrate that it has the requisite expertise to perform the duties
required, which will include collecting and distributing relocation and
accelerated relocation payments, auditing incoming and outgoing
estimates, mitigating cost disputes among parties, and generally acting
as clearinghouse.
(3) The search committee should ensure that the Relocation Payment
Clearinghouse meets relevant best practices and standards in its
operation to ensure an effective and efficient transition. First, the
Relocation Payment Clearinghouse should be required, in administering
the transition, to:
(i) Engage in strategic planning and adopt goals and metrics to
evaluate its performance;
(ii) Adopt internal controls for its operations;
(iii) Utilize enterprise risk management practices; and
(iv) Use best practices to protect against improper payments and to
prevent fraud, waste and abuse in its handling of funds. The Relocation
Payment Clearinghouse must be required to create written procedures for
its operations, using the Government Accountability Office's Green Book
to serve as a guide in satisfying such requirements.
(4) The search committee must also ensure that the Relocation
Payment Clearinghouse adopts robust privacy and data security best
practices in its operations, given that it will receive and process
information critical to ensuring a successful and expeditious
transition.
(i) When the prohibition in Sec. 1.2105(c) of this chapter applies
to competitive bidding for licenses in the 3.7 GHz service, the
Relocation Payment Clearinghouse must make real time disclosures of the
content and timing of and the parties to communications, if any, from
or to applicants to participate in the competitive bidding, as defined
by Sec. 1.2105(c)(5)(i) of this chapter.
(ii) The Relocation Payment Clearinghouse should also comply with,
on an ongoing basis, all applicable laws and Federal Government
guidance on privacy and information security requirements such as
relevant provisions in the Federal Information Security Management Act,
National Institute of Standards and Technology publications, and Office
of Management and Budget guidance.
(iii) The Relocation Payment Clearinghouse must hire a third-party
firm to independently audit and verify, on an annual basis, the
Relocation Payment Clearinghouse's compliance with privacy and
information security requirements and to provide recommendations based
on any audit findings; to correct any negative audit findings and adopt
any additional practices suggested by the auditor; and to report the
results to the Bureau.
(c) Reports and information. (1) The Relocation Payment
Clearinghouse must provide quarterly reports that detail the status of
reimbursement funds available for clearing obligations, the relocation
and accelerated relocation payments issued, the amounts collected from
overlay licensees, and any certifications filed by incumbents. The
reports must account for all funds spent to transition the 3.7 GHz
Service Band, including the Relocation Payment Clearinghouse's own
expenses, e.g., salaries and fees paid to law firms, accounting firms,
and other consultants. The report shall include descriptions of any
disputes and the manner in which they were resolved.
(2) The Relocation Payment Clearinghouse shall provide to the
Office of the Managing Director and the Wireless Telecommunications
Bureau, by March 1 of each year, an audited statement of funds expended
to date, including salaries and expenses of the Clearinghouse.
(3) The Relocation Clearing House shall provide to the Wireless
Telecommunications Bureau additional information upon request.
[[Page 22887]]
Sec. 27.1415 Documentation of expenses.
Parties seeking reimbursement of compensable relocation costs must
document their actual expenses and the Relocation Payment
Clearinghouse, or a third-party on behalf of the Relocation Payment
Clearinghouse, may conduct audits of entities that receive
reimbursements. Entities receiving reimbursements must make available
all relevant documentation upon request from the Relocation Payment
Clearinghouse or its contractor.
Sec. 27.1416 Reimbursable costs.
(a) Determining reimbursable costs. The Relocation Payment
Clearinghouse shall review reimbursement requests to determine whether
they are reasonable and to ensure they comply with the requirements
adopted in this sub-part. The Relocation Payment Clearinghouse shall
give parties the opportunity to supplement any reimbursement claims
that the Relocation Payment Clearinghouse deems deficient.
Reimbursement submissions that fall within the estimated range of costs
in the cost category schedule issued by the Wireless Telecommunications
Bureau shall be presumed reasonable. If the Relocation Payment
Clearinghouse determines that the amount sought for reimbursement is
unreasonable, it shall notify the party of the amount it deems eligible
for reimbursement. The Wireless Telecommunications Bureau shall make
further determinations related to reimbursable costs, as necessary,
throughout the transition process.
(b) Payment procedures. Following a determination of the
reimbursable amount, the Relocation Payment Clearinghouse shall
incorporate approved claims into invoices, which it shall issue to each
licensee indicating the amount to be paid. The Relocation Payment
Clearinghouse shall pay approved claims within 30 days of invoice
submission. The Relocation Payment Clearinghouse shall also include its
own reasonable costs in the invoices.
Sec. 27.1417 Reimbursement fund.
The Relocation Payment Clearinghouse will establish and administer
an account that will fund the costs for the transition of this band to
the 3.7 GHz Service after an auction for the 3.7 GHz Service concludes.
Licensees in the 3.7 GHz Service shall pay their pro rata share of six
months' worth of estimated transition costs into a reimbursement fund,
administered by the Relocation Payment Clearinghouse, shortly after the
auction and then every six months until the transition is complete. The
Relocation Payment Clearinghouse shall draw from the reimbursement fund
to pay approved, invoiced claims, consistent with Sec. 27.1418. If the
reimbursement fund does not have sufficient funds to pay approved
claims before a six-month replenishment, the Relocation Payment
Clearinghouse shall provide 3.7 GHz Service licensees with 30 days'
notice of the additional pro rata shares they must contribute. At the
end of the transition, the Relocation Payment Clearinghouse shall
refund any unused amounts to 3.7 GHz Service licensees according to
their pro rata shares.
Sec. 27.1418 Payment obligations.
(a) Each eligible space station operator is responsible for the
payment of its own satellite transition costs until the auction winners
have been announced.
(b) Licensees in the 3.7 GHz Service shall pay their pro rata share
of:
(1) The reasonable costs of the Relocation Payment Clearinghouse
and, in the event the Wireless Telecommunications Bureau selects the
Relocation Coordinator, the services of the Relocation Coordinator and
its staff;
(2) The actual relocation costs, provided that they are not
unreasonable, for eligible space station operators and incumbent fixed
service licensees; the actual transition costs, provided they are not
unreasonable, associated with the necessary migration and filtering of
incumbent earth stations;
(3) Any lump sum payments, if elected by incumbent earth station
operators in lieu of actual relocation costs; and
(4) Specified accelerated relocation payments for space station
operators that clear on an accelerated timeframe. Licensees in the 3.7
GHz Service shall be responsible for the full costs of space station
transition, the Relocation Payment Clearinghouse, and, if selected and
established by the Wireless Telecommunications Bureau, the Relocation
Coordinator, based on their pro rata share of the total auction bids of
each licensee's gross winning bids in the auction overall; they shall
be responsible for incumbent earth station and incumbent fixed service
transition costs in a Partial Economic Area based on their pro rata
share of the total gross bids for that Partial Economic Area.
(c) Following the auction, and every six months until the close of
the transition, licensees in the 3.7 GHz Service shall submit their
portion of estimated transition costs to a reimbursement fund, and the
Relocation Payment Clearinghouse will reimburse parties incurring
transition costs. If actual costs exceed estimated costs, the
Relocation Payment Clearinghouse shall perform a true-up for additional
funds from 3.7 GHz Service licensees.
(d) If 3.7 GHz band license is relinquished to the Commission prior
to all relocation cost reimbursements and accelerated relocation
payments being paid, the remaining payments will be distributed among
other similarly situated 3.7 GHz band licensees. If a new license is
issued for the previously relinquished rights prior to final payments
becoming due, the new 3.7 GHz band licensee will be responsible for the
same pro rata share of relocation costs and accelerated relocation
payments as the initial 3.7 GHz band license. If a 3.7 GHz band
licensee sells its rights on the secondary market, the new 3.7 GHz band
licensee will be obligated to fulfill all payment obligations
associated with the license.
Sec. 27.1419 Lump sum payment for earth station opt out.
The Wireless Telecommunications Bureau shall announce a lump sum
that will be available per each incumbent earth station that elects to
opt out from the formal relocation process, per Sec. 27.1412(e), as
well as the process for electing lump sum payments. Incumbent earth
station owners must make the lump sum payment election no later than 30
days after the Bureau announces the lump sum payment amounts, and must
indicate whether each incumbent earth station for which it elects the
lump sum payment will be transitioned to the upper 200 megahertz in
order to maintain C-band services or will discontinue C-band services.
Sec. 27.1420 Cost-sharing formula.
(a) For space station transition and Relocation Payment
Clearinghouse costs, and in the event the Wireless Telecommunications
Bureau selects a Relocation Coordinator pursuant to Sec. 27.1413(a),
Relocation Coordinator costs, the pro rata share of each flexible-use
licensee will be the sum of the final clock phase prices (P) for the
set of all license blocks that a bidder wins divided by the total final
clock phase prices for all N license blocks sold in the auction. To
determine a licensee's reimbursement obligation (RO), that pro rata
share would then be multiplied by the total eligible reimbursement
costs (RC). Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.008
(b) For incumbent earth stations and fixed service incumbent
licensee transition costs, a flexible-use licensee's
[[Page 22888]]
pro rata share will be determined on a PEA-specific basis, based on the
final clock phase prices for the license blocks it won in each PEA. To
calculate the pro rata share for incumbent earth station transition
costs in a given PEA, the same formula identified in Sec. 27.1412(a)
will be used, except I is the set of licenses a bidder won in the PEA,
N is the total blocks sold in the PEA and RC is the PEA-specific earth
station and fixed service relocation costs.
(c) For the Phase I accelerated relocation payments, the pro rata
share of each flexible use licensee of the 3.7 to 3.8 MHz in the 46
PEAs that are cleared by December 5, 2021, will be the sum of the final
clock phase prices (P) that the licensee won divided by the total final
clock phase prices for all M license blocks sold in those 46 PEAs. To
determine a licensee's RO the pro rata share would then be multiplied
by the total accelerated relocation payment due for Phase I, A1.
Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.009
(d) For Phase II accelerated relocation payments, the pro rata
share of each flexible use licensee will be the sum of the final clock
phase prices (P) that the licensee won in the entire auction, divided
by the total final clock phase prices for all N license blocks sold in
the auction. To determine a licensee's RO the pro rata share would then
be multiplied by the total accelerated relocation payment due for Phase
II, A2. Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.010
Sec. 27.1421 Disputes over costs and cost-sharing.
(a) Parties disputing a cost estimate, cost invoice, or payment or
cost-sharing obligation must file an objection with the Relocation
Payment Clearinghouse.
(b) The Relocation Payment Clearinghouse may mediate any disputes
regarding cost estimates or payments that may arise in the course of
band reconfiguration; or refer the disputant parties to alternative
dispute resolution fora.
(1) Any dispute submitted to the Relocation Payment Clearinghouse,
or other mediator, shall be decided within 30 days after the Relocation
Payment Clearinghouse has received a submission by one party and a
response from the other party.
(2) Thereafter, any party may seek expedited non-binding
arbitration, which must be completed within 30 days of the recommended
decision or advice of the Relocation Payment Clearinghouse or other
mediator.
(3) The parties will share the cost of this arbitration if it is
before the Relocation Payment Clearinghouse.
(c) Should any issues still remain unresolved, they may be referred
to the Bureau within ten days of recommended decision or advice of the
Relocation Payment Clearinghouse or other mediator and any decision of
the Relocation Payment Clearinghouse can be appealed to the Chief of
the Bureau.
(1) When referring an unresolved matter, the Relocation Payment
Clearinghouse shall forward the entire record on any disputed issues,
including such dispositions thereof that the Relocation Payment
Clearinghouse has considered.
(2) Upon receipt of such record and advice, the Bureau will decide
the disputed issues based on the record submitted. The Bureau is
directed to resolve such disputed issues or designate them for an
evidentiary hearing before an Administrative Law Judge. If the Bureau
decides an issue, any party to the dispute wishing to appeal the
decision may do so by filing with the Commission, within ten days of
the effective date of the initial decision, a Petition for de novo
review; whereupon the matter will be set for an evidentiary hearing
before an Administrative Law Judge.
(3) Parties seeking de novo review of a decision by the Bureau are
advised that, in the course of the evidentiary hearing, the Commission
may require complete documentation relevant to any disputed matters;
and, where necessary, and at the presiding judge's discretion, require
expert engineering, economic or other reports or testimony. Parties may
therefore wish to consider possibly less burdensome and expensive
resolution of their disputes through means of alternative dispute
resolution.
Sec. 27.1422 Accelerated relocation payment.
(a) Eligible space station operators that meet the applicable
early-clearing benchmark(s), as confirmed in their Certification of
Accelerated Relocation set-forth in Sec. 27.1412(g), will be eligible
for their respective accelerated relocation payment.
(b) The Relocation Payment Clearinghouse will distribute the
accelerated relocation payments accordingly:
Table 1 to Paragraph (b)--Acclerated Relocation Payment by Operator
----------------------------------------------------------------------------------------------------------------
Payment Phase I payment Phase II payment
----------------------------------------------------------------------------------------------------------------
Intelsat............................................... $4,865,366,000 $1,197,842,000 $3,667,524,000
SES.................................................... 3,968,133,000 976,945,000 2,991,188,000
Eutelsat............................................... 506,978,000 124,817,000 382,161,000
Telesat................................................ 344,400,000 84,790,000 259,610,000
Star One............................................... 15,124,000 3,723,000 11,401,000
--------------------------------------------------------
Totals............................................. 9,700,001,000 2,388,117,000 7,311,884,000
----------------------------------------------------------------------------------------------------------------
(c) The Relocation Payment Clearinghouse shall promptly notify 3.7
GHz Service licensees following validation of the certification of
accelerated relocations as set-forth in Section 27.1412(g). 3.7 GHz
Service licensees shall pay the accelerated relocation payments to the
Clearinghouse within 60 days of the notice that eligible space station
operators have met their respective accelerated clearing benchmark. The
Clearinghouse shall disburse accelerated relocation payments to
relevant space station operators within seven days of receiving the
payment from overlay licensees.
(d) For eligible space station operators that fail to meet either
the Phase I or Phase II benchmarks as of the relevant accelerated
relocation deadline, the accelerated relocation payment will be reduced
according to the following schedule of declining accelerated relocation
payments for the six months following the relevant deadline:
[[Page 22889]]
Table 2 to Paragraph (d)
------------------------------------------------------------------------
Accelerated
Incremental relocation
Date of completion reduction payment
(percent) (percent)
------------------------------------------------------------------------
By Deadline............................. .............. 100
1-30 Days Late.......................... 5 95
31-60 Days Late......................... 5 90
61-90 Days Late......................... 10 80
91-120 Days Late........................ 10 70
121-150 Days Late....................... 20 50
151-180 Days Late....................... 20 30
181+ Days Late.......................... 30 0
------------------------------------------------------------------------
Sec. 27.1423 Protection of incumbent operations.
(a) To protect incumbent earth stations from out-of-band emissions
from fixed stations, base stations and mobiles, the power flux density
(PFD) of any emissions within the 4000-4200 MHz band must not exceed -
124 dBW/m\2\/MHz as measured at the earth station antenna.
(b) To protect incumbent earth stations from blocking, the power
flux density (PFD) of any emissions within the 3700-3980 MHz band must
not exceed -16 dBW/m\2\/MHz as measured at the earth station antenna.
(c) All 3.7 GHz Service licensees, prior to initiating operations
from any base or fixed station, must coordinate cochannel frequency
usage with all incumbent Telemetry, Tracking, and Command (TT&C) earth
stations within a 70 km radius. The licensee must ensure that the
aggregated power from its operations meets an interference to noise
ratio (I/N) of -6 dB to the TT&C earth station receiver. A base
station's operation will be defined as cochannel when any of the 3.7
GHz Service licensee's authorized frequencies are separated from the
center frequency of the TT&C earth station by less than 150% of the
maximum emission bandwidth in use by the TT&C earth station.
(d) All 3.7 GHz Service licensees operating on an adjacent channel
to an incumbent TT&C earth station must ensure that the aggregated
power from its operations meets an interference to noise ratio (I/N) of
-6 dB to the TT&C earth station receiver.
(e) To protect incumbent TT&C earth stations from blocking, the
power flux density (PFD) of any emissions within the 3700-3980 MHz band
must not exceed -16 dBW/m\2\/MHz as measured at the TT&C earth station
antenna.
Sec. 27.1424 Agreements between 3.7 GHz Service licensees and C-Band
earth station operators.
The PFD limits in Sec. 27.1423 may be modified by the private
agreement of licensees of 3.7 GHz Service and entities operating earth
stations in the 4000-4200 MHz band or TT&C operations in the 3700-3980
MHz band. A licensee of the 3.7 GHz Service who is a party to such an
agreement must maintain a copy of the agreement in its station files
and disclose it, upon request, to prospective license assignees,
transferees, or spectrum lessees, and to the Commission.
PART 101--FIXED MICROWAVE SERVICES
0
27. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
28. Amend Sec. 101.3 by adding a definition for ``Contiguous United
States'' in alphabetical order to read as follows:
Sec. 101.3 Definitions.
* * * * *
Contiguous United States. For the 3700-4200 MHz band, the
contiguous United States consists of the contiguous 48 states and the
District of Columbia as defined by Partial Economic Areas Nos. 1-41,
43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas
within 12 nautical miles of the U.S. Gulf coastline (see Sec. 27.6(m)
of this chapter). In this context, the rest of the United States
includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto
Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American
Samoa, and the Gulf of Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-
416).
* * * * *
0
29. Amend Sec. 101.101 by revising the table heading ``Other'' and the
entry ``3700-4200'' and adding Note 2 to read as follows:
Sec. 101.101 Frequency availability.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Radio service
-----------------------------------------------------------------------------------------------------------
Frequency band (MHz) Broadcast
Common carrier Private radio auxiliary (part Other (parts 15, 21, 22, 24, Notes
(part 101) (part 101) 74) 25, 27, 74, 78 & 100)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
3700-4200................................... CC LTTS OFS .................. SAT, ET (2).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Notes
* * * * *
(2) Frequencies in this band are shared with stations in the
fixed satellite service outside the contiguous United States.
Applications for new permanent or temporary facilities in these
bands will not be accepted for locations in the contiguous United
States. Licensees, as of April 19, 2018, of existing permanent and
temporary point-to-point Fixed Service links in the contiguous
United States have until
[[Page 22890]]
December 5, 2023, to self-relocate their point-to-point links out of
the 3,700-4,200 MHz band. Such licensees may seek reimbursement of
their reasonable costs based on the ``comparable facilities''
standard used for the transition of microwave links out of other
bands, see Sec. 101.73(d) of this chapter (defining comparable
facilities as facilities possessing certain characteristics in terms
of throughput, reliability and operating costs) subject to the
demonstration requirements and reimbursement administrative
provisions administrative provisions in part 27, subpart O, of this
chapter.
0
30. Amend Sec. 101.147 by revising Notes 8, 14, and 25 to paragraph
(a) and the heading of paragraph (h) to read as follows:
Sec. 101.147 Frequency assignments.
(a) * * *
Notes
* * * * *
(8) This frequency band is shared with station(s) in the Local
Television Transmission Service for locations outside the contiguous
United States and applications for new permanent or temporary
facilities in this band will not be accepted for locations in the
contiguous United States. Existing licensees as of April 19, 2018,
for permanent and temporary point-to-point Fixed Service links in
the contiguous United States have until December 5, 2023, to self-
relocate their point-to-point links out of the 3,700-4,200 MHz band.
This frequency band is also shared in the U.S. Possessions in the
Caribbean area, with stations in the International Fixed Public
Radiocommunications Services.
* * * * *
(14) Frequencies in this band are shared with stations in the
fixed satellite service. For 3,700-4,200 MHz, frequencies are only
available for locations outside the contiguous United States and
applications for new permanent or temporary facilities in this band
will not be accepted for locations in the contiguous United States.
Existing licensees as of April 19, 2018, of permanent and temporary
point-to-point Fixed Service links in the contiguous United States
have until December 5, 2023, to self-relocate their point-to-point
links out of the 3,700-4,200 MHz.
* * * * *
(25) Frequencies in these bands are available for assignment to
television STL stations. For 3,700-4,200 MHz, frequencies are only
available for locations outside the contiguous United States and
applications for new permanent or temporary facilities in this band
will not be accepted for locations in the contiguous United States.
Existing licensees as of April 19, 2018, of permanent and temporary
point-to-point Fixed Service links in the contiguous United States
have until December 5, 2023, to self-relocate their point-to-point
links out of the 3,700-4,200 MHz band.
* * * * *
(h) 3,700 to 4,200 MHz outside the contiguous United States. * * *
* * * * *
0
31. Amend Sec. 101.803 by revising Note 1 to paragraph (d) to read as
follows:
Sec. 101.803 Frequencies.
* * * * *
(d) * * *
Notes
(1) This frequency band is shared with stations in the Point to
Point Microwave Radio Service and, in United States Possessions in
the Caribbean area, with stations in the International Fixed
Radiocommunications Services. For 3,700-4,200 MHz frequencies are
only available for locations outside the contiguous United States
and applications for new permanent or temporary facilities in this
band will not be accepted for locations in the contiguous United
States. In the contiguous United States, licensees of existing
licenses, as of April 19, 2018, for permanent point-to-point Fixed
Service links have until December 5, 2023, to self-relocate their
point-to-point links out of the 3,700-4,200 MHz band.
* * * * *
[FR Doc. 2020-05164 Filed 4-22-20; 8:45 a.m.]
BILLING CODE 6712-01-P