Commercial Operations in the 3550-3650 MHz Band; Promoting Investment in the 3550-3700 MHz Band, 25311-25315 [2020-07582]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Rules and Regulations]
[Pages 25311-25315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07582]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 96

[GN Docket 12-354, FCC 16-55; GN 17-258, FCC 18-149; FRS 16630]


Commercial Operations in the 3550-3650 MHz Band; Promoting 
Investment in the 3550-3700 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of compliance date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved four information collections 
associated with rules governing Priority Access Licenses (PALs) in the 
3550-3700 MHz (3.5 GHz) band in the 2016 Order on Reconsideration and 
Second Report and Order, FCC 16-55, in GN Docket No. 12-354, and 2018 
Report and Order, FCC 18-149, in GN Docket No. 17-258. The Commission 
also announces that compliance with the rules is now required. It 
removes paragraphs advising that compliance was not required until OMB 
approval was obtained. This document is consistent with the 2016 Order 
on Reconsideration and Second Report and Order and 2018 Report and 
Order, which state the Commission will publish a document in the 
Federal Register announcing a compliance date for the rule sections and 
revise the rules accordingly.

DATES: Effective May 1, 2020.
    Compliance date: Compliance with 47 CFR 1.9046, 96.23(a), 96.25(b), 
96.32(a) and (b), and 96.66, published at 81 FR 49024 on July 26, 2016, 
and 83 FR 63076 on December 7, 2018, is required as of May 1, 2020.
    This document also removes sections 96.23(d), 96.25(b)(5), and 
96.32(d) of the Commission's rules, which advised that compliance with 
96.23(a), 96.25(b), and 96.32(b) was not required until OMB approval 
was obtained.

FOR FURTHER INFORMATION CONTACT: Jessica Quinley of the Wireless 
Telecommunications Bureau, Mobility Division, at (202) 418-1991 or 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the four information collection requirements in Sec. Sec.  1.9046, 
96.23(a), 96.25(b), 96.32(a) and (b), and 96.66 on March 31, 2020.
    The Commission publishes this document as an announcement of the 
compliance date of the rules. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street, SW, Washington, DC 20554, regarding OMB Control Numbers 3060-
1211, 3060-1058, 3060-0798, and 3060-0800. Please include the 
applicable OMB Control Number in your correspondence. The Commission 
will also accept your comments via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and

[[Page 25312]]

Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on March 31, 2020, for the information collection requirements 
contained in Sec. Sec.  1.9046, 96.23(a), 96.25(b), 96.32(a) and (b), 
and 96.66. Under 5 CFR part 1320, an agency may not conduct or sponsor 
a collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1211.
    OMB Approval Date: March 31, 2020.
    OMB Expiration Date: March 31, 2023.
    Title: Sections 96.17; 96.21; 96.23; 96.25; 96.33; 96.35; 96.39; 
96.41; 96.43; 96.45; 96.51; 96.57; 96.59; 96.61; 96.63; 96.67, 
Commercial Operations in the 3550-3700 MHz Band
    Form Number: N/A.
    Respondents: Business or other for-profit entities, not for profit 
institutions and state, local, or tribal government.
    Number of Respondents and Responses: 110,782 respondents; 226,099 
responses.
    Estimated Time per Response: 0.25 to 1.5 hours.
    Frequency of Response: Ten-year reporting requirement, one time and 
on occasion reporting requirements, other reporting requirements--as 
needed basis for equipment safety certifications that is no long in 
use, and consistently (likely daily) responses automated via the 
device.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections is contained in 47 U.S.C. 
151, 152, 154(i), 154(j), 155(c), 302a, 303, 304, 307(e), and 316 of 
the Communications Act of 1934.
    Total Annual Burden: 64,561 hours.
    Total Annual Cost: $13,213,975.
    Privacy Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with this collection of information.
    Needs and Uses: On October 24, 2018, the Commission released a 
Report and Order, FCC 18-149, in GN Docket No. 17-158, adopting limited 
changes to the rules governing Priority Access Licenses (PALs) in the 
3550-3700 MHz (3.5 GHz) band, including larger license areas, longer 
license terms, renewability, and performance requirements. The 
Commission anticipated that the targeted changes made in its 2018 
Report and Order will spur additional investment and broader deployment 
in the band, promote robust and efficient spectrum use, and help ensure 
the rapid deployment of advanced wireless technologies--including 5G--
in the United States.
    The rule changes and information requirements contained in the 
Commission's previous 3.5 GHz band orders--the 2015 Report and Order, 
FCC 15-47, and 2016 Order on Reconsideration and Second Report and 
Order, FCC 16-55, both in GN Docket No. 12-354--are also approved under 
this Office of Management and Budget (OMB) control number (3060-1211) 
and have not changed since OMB last approved them.
    The Commission received approval from OMB for the information 
collection requirements contained in the 2018 Report and Order, FCC 18-
149, stemming from the changes made to section 96.25(b) of it rules. 
The Commission revised section 96.25(b) to adopt performance 
requirements for Priority Access Licensees. Specifically, under the 
revised rule, Priority Access Licensees must provide substantial 
service in their license area by the end of the initial license term, 
i.e., at the end of 10 years. ``Substantial service'' is defined as 
service which is sound, favorable, and substantially above the level of 
mediocre service which might minimally warrant renewal. Failure by any 
licensee to meet this requirement will result in forfeiture of the 
license without further Commission action, and the licensee will be 
ineligible to regain it. Licensees shall demonstrate compliance with 
the performance requirement by filing a construction notification with 
the Commission in accordance with section 1.946(d) of the Commission's 
rules. The licensee must certify whether it has met the performance 
requirement, and file supporting documentation, including description 
and demonstration of the bona fide service provided, electronic maps 
accurately depicting the boundaries of the license area and where in 
the license area the licensee provides service that meets the 
performance requirement, supporting technical documentation, any 
population-related assumptions or data used in determining the 
population covered by a service to the extent any were relied upon, and 
any other information the Wireless Telecommunications Bureau may 
prescribe by public notice. A licensee's showing of substantial service 
may not rely on service coverage outside of the PAL Protection Areas of 
registered Citizens Broadband Radio Service Devices (CBSDs) or on 
deployments that are not reflected in Spectrum Access System (SAS) 
records of CBSD registrations.
    The Commission adopted two safe harbors for meeting the 
``substantial service'' requirement: (1) A Priority Access Licensee 
providing a mobile service or point-to-multipoint service may 
demonstrate substantial service by showing that it provides signal 
coverage and offers service, either to customers or for internal use, 
over at least 50 percent of the population in the license area; and (2) 
A Priority Access Licensee providing a fixed point-to-point service may 
demonstrate substantial service by showing that it has constructed and 
operates at least four links, either to customers or for internal use, 
in license areas with 134,000 population or less and in license areas 
with greater population, a minimum number of links equal to the 
population of the license area divided by 33,500 and rounded up to the 
nearest whole number. To satisfy this provision, such links must 
operate using registered Category B CBSDs.
    OMB Control Number: 3060-1058.
    OMB Approval Date: March 31, 2020.
    OMB Expiration Date: March 31, 2023.
    Title: FCC Application or Notification for Spectrum Leasing 
Arrangement or Private Commons Arrangement: Wireless Telecommunications 
Bureau Public Safety and Homeland Security Bureau.
    Form Number: FCC Form 608.
    Respondents: Business or other for-profit entities, not for profit 
institutions, individual or households, and state, local, or tribal 
government.
    Number of Respondents: 1,091 respondents; 1,091 responses.
    Estimated Time per Response: 0.5 to 1 hour.
    Frequency of Response: Recordkeeping requirement, third party 
disclosure requirement, on occasion reporting requirement and periodic 
reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections is contained in 47 U.S.C., 
154, 155, 158,

[[Page 25313]]

161, 301, 303(r), 308, 309, 310, and 332 of the Communications Act of 
1934.
    Total Annual Burden: 1,096 hours.
    Total Annual Cost: $1,411,450.
    Privacy Impact Assessment: Yes.
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with this collection of information.
    Needs and Uses: FCC Form 608 is a multipurpose form. It is used to 
provide notification or request approval for any spectrum leasing 
arrangement (``Leases'') entered into between an existing licensee 
(``Licensee'') in certain wireless services and a spectrum lessee 
(``Lessee''). This form also is required to notify or request approval 
for any spectrum subleasing arrangement (``Sublease''). The data 
collected on the form is used by the FCC to determine whether the 
public interest would be served by the Lease or Sublease. The form is 
also used to provide notification for any Private Commons Arrangement 
entered into between a Licensee, Lessee, or Sublessee and a class of 
third-party users (as defined in Section 1.9080 of the Commission's 
Rules). Respondents are required to submit FCC Form 608 electronically, 
except in certain services specifically designated by the Commission.
    Records may include information about individuals or households, 
e.g., personally identifiable information or PII, and the use(s) and 
disclosure of this information will be governed by the requirements of 
a system of records notice or `SORN', FCC/WTB-1, ``Wireless Services 
Licensing Records.'' Updating the SORN to include FCC Form 608 is 
currently underway. There are no additional impacts under the Privacy 
Act.
    On April 28, 2016, the Commission adopted its Second Report and 
Order, FCC 16-55, in GN Docket No. 12-354, adopting additional rules 
for the Citizens Broadband Radio Service in the 3.5 GHz band. As part 
of the Second Report and Order, the Commission adopted a light-touch 
leasing regime for Priority Access Licensees by amending its existing 
Part 1 rules to include a streamlined spectrum manager leasing process, 
based on the current spectrum manager leasing rules, tailored for the 
PAL leasing context. The Commission expects there will be a demand for 
Priority Access rights for a wide variety of use cases, and that a 
robust, flexible, and lightly regulated secondary market through these 
band-specific spectrum manager leasing rules will incentivize efficient 
spectrum use, promote innovation, and encourage the rapid deployment of 
broadband networks in the 3.5 GHz Band. Specifically, in the Second 
Report and Order, the Commission adopted section 1.9046, which provides 
special provisions for spectrum manager leases in the Citizens 
Broadband Radio Service. This rule allows a Priority Access Licensee to 
engage in spectrum manager leasing for any portion of its spectrum or 
geographic area, outside of the PAL Protection Area, for any bandwidth 
or duration period of time with any entity that has provided a 
certification to the Commission in accordance with section 1.9046 or 
pursuant to the general notification procedures of section 1.9020(e) of 
the Commission's rules. The lessee seeking to engage in spectrum 
manager leasing pursuant to section 1.9046 must certify with the 
Commission that it meets the same eligibility and qualification 
requirements applicable to the licensee before entering into a spectrum 
manger leasing arrangement with a Priority Access Licensee. The 
certification will be made via FCC Form 608.
    Prior to lessee operation, the licensee seeking to engage in 
spectrum manager leasing pursuant to section 1.9046 must submit 
notification of the leasing arrangement to the Spectrum Access System 
(SAS) Administrator with the following information: (1) Lessee contact 
information including name, address, telephone number, fax number, 
email address; (2) Lessee FCC Registration Number (FRN); (3) name of 
Real Party in Interest and related FCC Registration Number (FRN); (4) 
the specific spectrum leased (in terms of amount of bandwidth and 
geographic area involved) including the call sign(s) affected by the 
lease; and (5) duration of the lease.
    A spectrum leasing arrangement may be extended beyond the initial 
term set forth in the spectrum leasing notification for an additional 
period not to exceed the term of the Priority Access License, provided 
that the licensee notifies the SAS Administrator of the extension in 
advance of operation under the extended term and does so pursuant to 
the notification procedures in section 1.9046.
    If a spectrum leasing arrangement is terminated earlier than the 
termination date set forth in the notification, either by the licensee 
or by the parties' mutual agreement, the licensee must file a 
notification with the SAS Administrator no later than ten (10) days 
after the early termination, indicating the date of the termination.
    If the parties fail to put the spectrum leasing arrangement into 
effect, they must so notify the Spectrum Access System Administrator as 
promptly as practicable.
    Under the Part 96 rules, three types of respondents may be 
completing FCC Form 608. First, entities seeking to engage in light 
touch leasing will pre-certify with the FCC that they meet the non-
lease-specific eligibility and qualification criteria by completing 
non-lease-specific data fields pulled from FCC Form 608. Second, the 
Priority Access Licensees would use the form in three ways. For light 
touch leasing, Priority Access Licensees would notify the SAS 
Administrator of leasing arrangements with pre-certified lessees by 
completing lease-specific data fields pulled from FCC Form 608. Part 96 
also permits Priority Access Licensees to enter into lease agreements 
using the general spectrum manager leasing agreement rules under part 1 
of the rules, which would require a FCC Form 608. Priority Access 
Licensees may also enter into de facto transfer leasing arrangements 
for a portion of their licensed spectrum pursuant to part 1 of the 
Commission's rules and would use FCC Form 608 to do so. Third, on a 
daily basis, the SAS Administrator will provide the Commission with an 
electronic report of the leasing notifications completed by the 
Priority Access Licensees. The SAS Administrators will be providing the 
report through an Application Programming Interface (API). The 
Commission has reused the code from the general spectrum manager 
leasing FCC Form 608 in the Commission's Universal Licensing System 
(ULS) to program the SAS light touch leasing API.
    OMB Control Number: 3060-0798.
    OMB Approval Date: March 31, 2020.
    OMB Expiration Date: March 31, 2023.
    Title: FCC Application for Radio Service Authorization; Wireless 
Telecommunications Bureau; Public Safety and Homeland Security Bureau.
    Form Number: FCC Form 601.
    Respondents: Business or other for-profit entities, not for profit 
institutions, individuals and households, and state, local, or tribal 
government.
    Number of Respondents: 255,452 respondents; 255,452 responses.
    Estimated Time per Response: 0.5 to 1.25 hours.
    Frequency of Response: Recordkeeping requirement, third party 
disclosure requirement, on occasion reporting requirement and periodic 
reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections is contained in 47 U.S.C. 
151, 152, 154, 154(i), 155(c), 157, 201, 202, 208, 214, 301, 302a, 303, 
307, 308, 309, 310, 311,

[[Page 25314]]

314, 316, 319, 324, 331, 332, 333, 336, 534, 535, 554.
    Total Annual Burden: 223,921 hours.
    Total Annual Cost: $71,906,000.
    Privacy Impact Assessment: Yes.
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with this collection of information.
    Needs and Uses: FCC Form 601 is a consolidated, multi-part 
application form that is used for market-based and site-based licensing 
for wireless telecommunications services, including public safety 
licenses, which are filed through the Commission's Universal Licensing 
System (ULS). FCC Form 601 is composed of a main form that contains 
administrative information and a series of schedules used for filing 
technical and other information. This form is used to apply for a new 
license, to amend or withdraw a pending application, to modify or renew 
an existing license, cancel a license, request a duplicate license, 
submit required notifications, request an extension of time to satisfy 
construction requirements, or request an administrative update to an 
existing license (such as mailing address change), request a Special 
Temporary Authority or Developmental License. Respondents are required 
to submit FCC Form 601 electronically, except in certain services 
specifically designated by the Commission.
    The data collected on FCC Form 601 includes the FCC Registration 
Number (FRN), which serves as a ``common link'' for all filings an 
entity has with the FCC. The Debt Collection Improvement Act of 1996 
requires entities filing with the Commission to use an FRN. Records may 
include information about individuals or households, e.g., personally 
identifiable information or PII, and the use(s) and disclosure of this 
information are governed by the requirements of a system of records 
notice or `SORN', FCC/WTB-1, ``Wireless Services Licensing Records.'' 
There are no additional impacts under the Privacy Act.
    On October 24, 2018, the Commission released a Report and Order, 
FCC 18-149, in GN Docket No. 17-158, adopting limited changes to the 
rules governing Priority Access Licenses (PALs) in the 3550-3700 MHz 
(3.5 GHz) band, including larger license areas, longer license terms, 
renewability, and performance requirements. The Commission anticipated 
that the targeted changes made in its 2018 Report and Order will spur 
additional investment and broader deployment in the band, promote 
robust and efficient spectrum use, and help ensure the rapid deployment 
of advanced wireless technologies--including 5G--in the United States. 
Among these changes, the Commission revised section 96.23(a) of its 
rules to require that an applicant must file an application for an 
initial PAL, and that the application must: (1) Demonstrate the 
applicant's qualifications to hold an authorization; (2) state how a 
grant would serve the public interest, convenience, and necessity; (3) 
contain all information required by FCC rules and application forms; 
(4) propose operation of a facility or facilities in compliance with 
all rules governing the Citizens Broadband Radio Service; and (5) be 
amended as necessary to remain substantially accurate and complete in 
all significant respects, in accordance with the provisions of section 
1.65 of the Commission's rules.
    The Commission received approval for a revision to its currently 
approved information collection on FCC Form 601.
    OMB Control Number: 3060-0800.
    OMB Approval Date: March 31, 2020.
    OMB Expiration Date: March 31, 2023.
    Title: FCC Application For Assignment of Authorization and 
Transfers of Control: Wireless Telecommunications Bureau and Public 
Safety and Homeland Security Bureau.
    Form Number: FCC Form 603.
    Respondents: Business or other for-profit entities, not for profit 
institutions, individuals and households, and state, local, or tribal 
government.
    Number of Respondents: 2,547 respondents; 2,547 responses.
    Estimated Time per Response: 0.5 to 1.75 hours.
    Frequency of Response: Recordkeeping requirement, on occasion 
reporting requirement, and periodic reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections is contained in 47 U.S.C. 
154, 155, 158, 161, 301, 303(r), 308, 309, 310, and 332.
    Total Annual Burden: 2,872 hours.
    Total Annual Cost: $381,975.
    Privacy Impact Assessment: Yes.
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with this collection of information.
    Needs and Uses: FCC Form 603 is a multi-purpose form that is used 
by radio services in Wireless Services within the Universal Licensing 
System (ULS). FCC 603 is composed of a main form that contains the 
administrative information and a series of schedules. These schedules 
are required when applying for Auctioned Services, Partitioning and 
Disaggregation, Undefined Geographical Area Partitioning, and 
Notification of Consummation or Request for Extension of Time for 
Consummation. Applicants/licensees in the Public Mobile Services, 
Personal Communications Services, Private Land Mobile Radio Services, 
Broadband Radio Service, Educational Broadband Service, Maritime 
Services (excluding Ship), and Aviation Services (excluding Aircraft) 
use FCC Form 603 to apply for an assignment or transfer, to establish 
their parties' basic eligibility and qualifications, to classify the 
filing, and/or to determine the nature of the proposed service. This 
form is also used to notify the FCC of consummated assignments and 
transfers of wireless licenses to which the Commission has previously 
consented or for which notification but not prior consent is required. 
Respondents are required to submit FCC Form 603 electronically, except 
in certain services specifically designated by the Commission.
    The data collected on FCC Form 603 include the FCC Registration 
Number (FRN), which serves as a ``common link'' for all filings an 
entity has with the FCC. The Debt Collection Improvement Act of 1996 
required that those filing with the Commission to use an FRN, effective 
December 3, 2001.
    Records may include information about individuals or households, 
e.g., personally identifiable information or PII, and the use(s) and 
disclosure of this information are governed by the requirements of a 
system of records notice or `SORN', FCC/WTB-1, ``Wireless Services 
Licensing Records.'' There are no additional impacts under the Privacy 
Act.
    On October 24, 2018, the Commission released a Report and Order, 
FCC 18-149, in GN Docket No. 17-158, adopting limited changes to the 
rules governing Priority Access Licenses (PALs) in the 3550-3700 MHz 
(3.5 GHz) band, including larger license areas, longer license terms, 
renewability, and performance requirements. The Commission anticipated 
that the targeted changes made in its 2018 Report and Order will spur 
additional investment and broader deployment in the band, promote 
robust and efficient spectrum use, and help ensure the rapid deployment 
of advanced wireless technologies--including 5G--in the United States. 
The Commission received approval for the information under OMB Control 
Number 3060-0800 to permit the collection of the additional information 
in connection with partial assignments of authorizations for geographic 
partitioning, spectrum disaggregation, or a combination of

[[Page 25315]]

both, pursuant to the rules and information collection requirements 
adopted by the Commission 2018 Report and Order. Specifically, in the 
2018 Report and Order, the Commission revised section 96.32(b) of its 
rules to allow Priority Access Licensees to partition their licenses or 
disaggregate their spectrum, and partially assign or transfer their 
licenses, pursuant to Sec.  1.950 of the Commission's rules. Because of 
the additional Priority Access Licensees, additional respondents may be 
filing FCC Form 603 for assignments or transfers of control of 
licenses.

Lists of Subjects in 47 CFR Part 96

    Citizens broadband radio service.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 90 as follows.

PART 96--CITIZENS BROADBAND RADIO SERVICE

0
1. The authority citation for part 96 continues to read as follows:

    Authority: 47 U.S.C. 154(i), 303, and 307.


Sec.  96.23  [Amended]

0
2. Amend Sec.  96.23 by removing paragraph (d).


Sec.  96.25   [Amended]

0
3. Amend Sec.  96.25 by removing paragraph (b)(5).


Sec.  96.32   [Amended]

0
4. Amend Sec.  96.32 by removing paragraph (d).
[FR Doc. 2020-07582 Filed 4-30-20; 8:45 am]
BILLING CODE 6712-01-P