Facilitating Shared Use in the 3100-3550 MHz Band, 64062-64069 [2020-22528]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2, 90, and 97
[WT Docket No. 19–348; FCC 20–138; FRS
17120]
Facilitating Shared Use in the 3100–
3550 MHz Band
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission adopts changes to its rules
to prepare the 3.45–3.55 GHz band for
commercial wireless services. It
removes the secondary, non-federal
allocations in the 3.3–3.55 GHz band for
radiolocation services and the amateur
radio service. These services will
continue in alternate spectrum;
radiolocation operations will be moved
to the 2.9–3.0 GHz band, already home
to similar operations, and amateur
licensees will be able to relocate their
operations to other frequencies already
available for amateur operations.
Clearing this band of secondary services
will allow the Commission to auction
the 3.45–3.55 GHz band for commercial
wireless services on a co-primary basis
with federal radionavigation and
radiolocation operations.
DATES: Effective November 9, 2020.
FOR FURTHER INFORMATION CONTACT:
Joyce Jones, Wireless
Telecommunications Bureau, Mobility
Division, (202) 418–1327 or
joyce.jones@fcc.gov, or Ira Keltz, Office
of Engineering and Technology, (202)
418–0616 or ira.keltz@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Report and Order in WT
Docket No. 19–348, FCC 20–138,
adopted September 30, 2020, and
released October 2, 2020. The full text
of the Report and Order is available for
public inspection at the following
internet address: https://docs.fcc.gov/
public/attachments/FCC-20-138A1.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)
or 202–418–0432 (TTY).
SUMMARY:
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of
1980, as amended (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
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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, an
Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the Notice of
Proposed Rulemaking (NPRM) released
in December 2019 in this proceeding (85
FR 3579, January 22, 2020). 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 FRFA conforms to the RFA.
The Commission will send a copy of the
Report and Order, Order of Proposed
Modification, and Orders, including the
FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration.
Paperwork Reduction Act
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Congressional Review Act
The Commission will send a copy of
the Report and Order to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Synopsis
I. Introduction
1. In the Report and Order the
Commission continues to execute its
comprehensive strategy to Facilitate
America’s Superiority in 5G Technology
(the 5G FAST Plan). It builds on efforts
to unleash additional much-needed
mid-band spectrum for flexible use,
focusing on the 3100–3550 MHz band.
Continued technological developments
make 3 GHz spectrum ideal for next
generation wireless services, including
5G, and the repurposing of 3.5 GHz and
3.7 GHz band spectrum presents an
opportunity to make a large contiguous
block of mid-band spectrum available
for commercial use. Collectively, the
3.45–3.55 GHz band and neighboring
3.5 GHz and 3.7 GHz bands could offer
530 megahertz of mid-band spectrum for
flexible use.
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2. The Commission therefore acts now
to prepare the 3.45–3.55 GHz band for
such future use. The Report and Order
adopts the Commission’s 2019 proposal
to remove the secondary, non-federal
allocations from the 3.3–3.55 GHz band
as a first step toward future sharing
between federal incumbents and
commercial operations. It expects that
this action, in tandem with continued
work by the Department of Defense
(DoD) and other federal partners, will
allow for agencies to file transition
plans no later than April 2021, and for
commercial operations to begin in early
2022.
II. Background
3. The lower 3 GHz band—and the
3450 MHz to 3550 MHz portion of the
band (3.45–3.55 GHz band) in
particular—has been targeted as
spectrum to support 5G both here and
abroad, and assessed within the federal
government, across the legislative and
executive branches, as well as within
the Commission. The National
Telecommunications and Information
Administration (NTIA) identified the
3450–3550 MHz spectrum band as a
potential candidate for shared use
between federal incumbents and
commercial services two years ago. In
2018, Congress passed the Fiscal Year
2018 omnibus spending bill, which
directed NTIA to work with the
Commission on identifying sharing
opportunities in the 3.1–3.55 GHz band.
4. In December 2019, the Commission
adopted a Notice of Proposed
Rulemaking that proposed to clear nonfederal secondary allocations from the
3.3–3.5 GHz band as a preliminary step
toward potential future shared use
between federal incumbents and
commercial users of the band. In June
2020, pursuant to its obligations under
the Commercial Spectrum Enhancement
Act, the Commission notified the NTIA
of its plan to commence an auction in
December 2021 for licenses in 100
megahertz of the 3400–3550 MHz band.
There has also been a broad and
consistent effort by international
governing bodies and global standards
setting organizations to review the
suitability of several frequency bands
for next generation 5G wireless services,
including the lower 3 GHz band. The
Commission’s continued efforts to
promote flexible use licensing in the
band will help to promote international
harmonization.
5. In 2020, the White House and the
DoD formed America’s Mid-Band
Initiative Team (AMBIT) with the goal
of making 100 megahertz of contiguous
mid-band spectrum available in the
3.45–3.55 GHz band for full commercial
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use. Under the agreement that was
reached as part of the AMBIT study
process, the DoD expects to enable
commercial 5G systems to operate at full
power throughout almost all the
contiguous United States. The DoD
would also require access to the
spectrum during times of national
emergency.
6. Currently, the entire 3.1–3.55 GHz
band is allocated for both federal and
non-federal radiolocation services, with
non-federal users operating on a
secondary basis to primary federal
radiolocation services. The DoD
operates high-powered defense radar
systems on fixed, mobile, shipborne,
and airborne platforms in this band.
From 3.1–3.3 GHz, the band is also
allocated for federal and non-federal
space research (active) and earth
exploration satellite (active) in addition
to radiolocation services.
7. There are 17 non-federal
radiolocation licenses in the portion of
the band below 3.3 GHz, which are held
by power companies and
municipalities. Between 3.3 GHz and
3.55 GHz, there are only eight active
non-federal radiolocation licenses,
which are being used for a variety of
commercial and industrial radiolocation
services. In addition, non-federal
amateur services operate in the 3.3–3.5
GHz portion of the band pursuant to a
secondary allocation and must not cause
harmful interference to operations such
as radio astronomy stations and stations
authorized by other nations for
radiolocation service. The 3.5–3.55 GHz
portion of the band is also allocated for
federal aeronautical radionavigation
services. In addition, the Radio
Astronomy Service makes use of 3260–
3267 MHz, 3332–3339 MHz, and
3345.8–3352.5 MHz. Also among the
non-federal users operating in the 3.1–
3.55 GHz band are holders of hundreds
of non-federal experimental licenses,
including special temporary
authorizations (STAs). These
experimental licenses and STAs are
issued pursuant to part 5 of the
Commission’s rules and may be granted
for a broad range of research and
experimentation purposes, but
experimental licenses and STAs must
operate on a non-interference basis.
8. The band immediately above 3.1–
3.55 GHz is authorized for commercial
wireless operations. In 2015, the
Commission established the Citizens
Broadband Radio Service in the 3.55–
3.7 GHz band (3.5 GHz band) for shared
use between new commercial wireless
operations and incumbent operations—
including military radar systems, nonfederal FSS earth stations, and, for a
limited time, grandfathered wireless
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broadband licensees in the 3.65–3.7
GHz band. The primary allocation for
federal radiolocation operations
continues below 3.1 GHz, with
secondary non-federal radiolocation
operations in this spectrum as well.
III. Report and Order
A. Clearing the 3.3–3.55 GHz Band of
Secondary, Non-Federal Allocations
9. In its December 2019 Notice of
Proposed Rulemaking, the Commission
proposed to eliminate the non-federal
radiolocation service allocations in the
3.3–3.55 GHz band, as well as the nonfederal amateur allocation in the 3.3–3.5
GHz band. Both are secondary users of
the band. The Commission finds that
removing the existing secondary nonfederal allocations from the 3.3–3.55
GHz band and clearing these nonfederal operations from the band is in
the public interest, and therefore adopts
this proposal. Because the DoD and
NTIA agree that commercial users
operating pursuant to flexible use
licenses can be accommodated in the
3.45–3.55 GHz band at full power, and
given continued interest in the 3.3–3.45
GHz band for future sharing for flexible
use licenses, retaining the secondary
non-federal allocations across this
spectrum would hinder the
Commission’s ability to offer flexible
use licensing in the future and would
undermine the intensive and efficient
use of valuable mid-band spectrum. The
Commission will allow secondary nonfederal licensees operating as of the
effective date of this Report and Order
to continue to operate in the 3.45–3.55
GHz band while it finalizes plans to
reallocate spectrum in the band.
Authorization for these operations will
sunset on a date consistent with the first
possible grant of flexible use
authorizations to new users in that
portion of the band. The Commission
revises the Table of Allocations
accordingly.
10. The Commission considers
clearing spectrum for flexible use to be
a priority when it is feasible to do so.
Spectrum that has been cleared to the
greatest extent possible provides
maximum flexibility in future uses,
ensuring intensive and efficient use of
that spectrum going forward. Spectrum
encumbrances, on the other hand,
constrain the potential of future uses of
that spectrum, deter investment in the
band, and undermine the public interest
benefits of the relicensing process.
Given the ever-increasing demand for
wireless spectrum for broadband access
and the particular need for additional
mid-band spectrum for those services,
such spectrum should be made available
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for exclusive, as opposed to shared,
non-federal use where possible.
11. The Commission has broad
authority under the Communications
Act to modify its rules governing use of
radio spectrum, and specific authority
to allocate spectrum so as to provide
flexibility of use. Under the
Commission’s rules, secondary
spectrum users cannot claim protection
from primary operations, including
those subsequently licensed by the
Commission, and they are subject to
losing their spectrum rights if the
primary operations in the band change
at a later date.
12. From a technical perspective, the
removal of secondary, non-federal
licensees from the 3.3–3.55 GHz band is
necessary given the incompatibility of
radiolocation and amateur operations
with ubiquitous mobile and fixed
broadband services, which are likely the
primary uses pursuant to flexible use
licenses. Existing federal use of this
band is sporadic and geographically
localized, which has created a spectral
environment well-suited to the
coexistence of radiolocation and
amateur operations. By contrast,
nationwide broadband services operate
at all times in virtually all areas and
would provide these secondary
operations with little opportunity for
meaningful, interference-free
operations. Further, we expect that, if
the incumbents were to try to maintain
some degree of secondary operations,
the dense and growing deployment of
base stations providing wide area
mobile services on a primary basis using
all frequencies in the band would make
such efforts on the part of secondary, cochannel systems too tenuous.
Commenters agree that we should not
permit continued secondary operations
if flexible use licenses are to be used for
5G and other forms of nationwide
wireless broadband. The Commission
concludes that such secondary.
Secondary systems could not operate
without creating significant interference
risks both to their own operations and
to primary flexible use services.
13. Clearing this band of
encumbrances will ensure that it is used
intensely and efficiently, create a
spectral environment that will support
wireless broadband operations, and
promote commercial interest and
investment in the band. Current nonfederal secondary radiolocation uses—
particularly high-power weather radar
systems—are incompatible with the
anticipated future use of the band, so
our actions today are a necessary
predicate to repurposing the 3.45–3.55
GHz band for flexible use services.
Sunsetting the secondary non-federal
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allocations will prevent adjacentchannel issues and preserve the
possibility of additional clearing for
flexible use licensing below 3.45 GHz,
furthering the public interest. Deciding
to relocate these non-federal users at
this time will facilitate timely advance
planning to accommodate the needs of
all existing and future federal and nonfederal users—a complex undertaking
posing technical and financial issues
that the Commission will need to work
with relevant stakeholders to resolve.
This action will increase investment in
communications services and systems
and technological development by
providing maximum opportunities for
deployment of flexible use services,
while continuing to provide spectrum
for these secondary operations.
14. This decision notwithstanding,
secondary non-federal radiolocation
licensees and amateur license holders
operating as of the effective date of this
Report and Order may continue
operating while the Commission
finalizes plans to reallocate spectrum in
the 3.45–3.55 GHz band. Authorization
for these operations will sunset on a
date consistent with the first possible
grant of flexible use authorizations to
new users in that portion of the band.
For example, if we adopt a licensing
scheme that will result in an auction to
assign licenses, secondary use would
sunset within 90 days of the close of the
auction. The Table of Allocations is
revised accordingly. There are hundreds
of experimental licenses, including
experimental STAs, active throughout
the 3.1–3.55 GHz band at any given
time. Going forward, these operations
will be permitted here under the same
limitations as they are in other bands
licensed for flexible use—including that
they must operate on a non-interference
basis.
B. Relocation of Secondary, NonFederal Radiolocation Operations
15. The Commission removes the
secondary, non-federal radiolocation
allocation in the 3.3–3.55 GHz band. In
relocating these operations, their current
50-megahertz allocation will be
continued, along with their secondary
status. Secondary, non-federal
radiolocation licensees operating as of
the effective date of this Report and
Order may, however, continue to
operate in this band until authorization
for such operations are sunset as
described above. Radiolocation
authorization will sunset on a date
consistent with the first possible grant
of flexible use authorizations to new
users in that portion of the band (e.g.,
90 days from the close of the auction if
the Commission adopts a licensing
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scheme that will result in an auction to
assign licenses).
16. Although spectrum above 3.45
GHz is the current focus for flexible use
operations, secondary non-federal
radiolocation operations will not be
allowed to continue in the spectrum
between 3.3 GHz and 3.45 GHz. Rather,
in order to prevent cross-service,
adjacent channel interference to new
operations and to prepare the band for
future relicensing, all secondary
radiolocation operations in the 3.3–3.55
GHz band will be required to relocate to
the 2.9–3.0 GHz band by a date certain
that will be set by subsequent
Commission action in this proceeding.
Spectrum below 3.0 GHz is the
preferable location for these operations,
and will allow radiolocation operators
to provide the same S-band (2–4 GHz)
radar services as they do at 3.3–3.55
GHz and will minimize adjacent
channel interference to potential future
flexible use licenses.
17. Commenters currently holding
these radiolocation licenses agree with
relocation below 3.1 GHz, and no
commenters object or offer any
alternative means by which flexible use
licensing could move forward in this
band. Given the ongoing consideration
of the entire 3.1–3.55 GHz band for
future flexible use licenses, the
Commission finds it is unwise to
relocate secondary radiolocation
operations to the lower portion of this
band, i.e., 3.1–3.3 GHz. We also agree
with commenters that identified
spectrum below 3.1 GHz as a preferable
location for these operations. In order to
minimize adjacent channel interference
to potential future flexible use licenses,
however, we find that moving these
operations to spectrum below 3.0 GHz is
preferable to placing them in the 3.0–3.1
GHz band. Since the 2.9–3.0 GHz band
already hosts non-federal radiolocation
operations on a secondary basis,
including the NEXRAD weather radar
system operated by the National
Weather Service, the band should be
able to accommodate these relocated
operations without running the risk of
causing adjacent channel interference to
flexible use licenses. NBCUniversal
agrees with this conclusion, and no
commenter disagrees. There is also no
dispute in the record that existing
equipment can be upgraded to support
operations in this lower S-band
spectrum, which should reduce the
expense and complexity involved in the
relocation. In relocating these
operations, we will preserve their
current 50-megahertz allocation and
retain their secondary status.
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C. Sunset of Secondary Amateur
Allocation
18. The Commission removes the
amateur allocation from the 3.3–3.5 GHz
band. As it did with radiolocation
operations, the Commission adopts
changes to its rules today that provide
for the sunset of the secondary amateur
allocation in the band, but allow
continued use of the band for amateur
operations, pending resolution of the
issues raised in the Further Notice.
Secondary non-federal amateur
licensees operating in this band as of the
effective date of this Report and Order
may continue while the Commission
finalizes plans to reallocate spectrum in
the 3.45–3.55 GHz band. Authorizations
will sunset on a date consistent with the
first possible grant of flexible use
authorizations to new users in that
portion of the band—for example, 90
days after the close of the auction if the
Commission adopt a licensing scheme
that will result in an auction to assign
licenses. The Table of Allocations is
revised accordingly.
19. Clearing all secondary operations,
including amateur operations, from this
spectrum will allow us to maximize the
band for potential flexible use
operations in the future. Further, to
prevent adjacent-channel issues and to
preserve the possibility of additional
clearing for flexible use licensing below
3.45 GHz, sunsetting the secondary
amateur allocation from the entire 3.3–
3.5 GHz portion of the band is in the
public interest. Amateur stations in this
band are licensed on a shared basis.
However, only amateur service
operators with privileges for
transmitting in this band based on their
license class may operate stations on
this spectrum. The class of a given
operator’s license determines on which
of the many amateur frequencies it may
operate, and amateurs with access to the
3.3–3.5 GHz band also have access to a
large number of other bands. These
include bands with similar
characteristics and operations such as
the 2.39–2.45 GHz and 5.65–5.925 GHz
bands, as well as dozens of others. Due
to the unique nature of the licensing of
the amateur service, the Commission
does not provide for relocation of these
operations in the same way as for
radiolocation operations. Instead,
amateur operators may choose for
themselves whether to continue these
operations in alternate spectrum, and
which available spectrum to use.
20. Notwithstanding the utility of
amateur operations in this band,
operators that chose to construct
networks in this band did so despite the
fact that the amateur allocation was
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secondary and entirely subject to
current or future primary operations. As
part 97 of our rules makes clear,
amateur operations are a
noncommercial, voluntary service.
Amateur stations are permitted to
operate in many different bands;
amateur stations operating in the 3 GHz
band have several other nearby bands
available to them with similar
propagation characteristics, such as the
nearby 2 GHz band and the 5 GHz band.
After the authorization to operate
sunsets for secondary amateur licensees
here, amateur stations will continue to
have available these and other bands
that are allocated for amateur use.
VI. Ordering Clauses
21. It is ordered, pursuant to sections
1, 4(i), 157, 301, 303, 307, 308, 309, 310,
and 316, of the Communications Act of
1934, as amended, as well as the mobile
now Act, Public Law 115–141, 132 Stat.
1098, Div. P, Title VI, § 603 (Mar. 23,
2018), 47 U.S.C. 151, 154(i), 157, 301,
303, 307, 308, 309, 310,
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22. It is further ordered that the
amendments of parts 2, 90, and 97 of the
Commission’s rules, as set forth in
Appendix A, are adopted, effective
thirty (30) days after publication in the
Federal Register.
23. 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 and Further
Notice of Proposed Rulemaking,
including the Final and Initial
Regulatory Flexibility Analyses, to the
Chief Counsel for Advocacy of the Small
Business Administration.
24. It is further ordered that the
Commission shall send a copy of this
Report and Order 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).
Federal Communications Commission.
Marlene Dortch,
Secretary, Federal Communications
Commission.
Lists of Subjects in 47 CFR Parts 2, 90,
and 97
Frequency allocations, Private land
mobile radio services, the Amateur
radio service.
§ 2.106
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PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
2. Section 2.106, the Table of
Frequency Allocations, is amended as
follows:
■ a. Revise pages 40 and 41.
■ b. In the list of United States (US)
Footnotes, revise footnote US108.
The revisions read as follows:
■
*
Table of Frequency Allocations.
*
*
*
BILLING CODE 6712–01–P
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*
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5.149 5.412
5.149
2690-2700
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)
2670-2690
FIXED 5.410
FIXED-SATELLITE {Earth-to-space) 5.415
MOBILE except aeronautical mobile 5.384A
MOBILE-SATELLITE (Earth-to-space)
5.351A 5.419
Earth exploration-satellite (passive)
Radio astronomy
Space research (passive)
5.149
US205
US385
2690-2700
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH {passive)
Frm 00074
Fmt 4700
Sfmt 4725
E:\FR\FM\09OCR1.SGM
09OCR1
5.340 5.422
2700-2900
AERONAUTICAL RADIONAVIGATION 5.337
Radiolocation
US246
2700-2900
METEOROLOGICAL AIDS
AERONAUTICAL RADIONAVIGATION 5.337 US18
Radiolocation G2
5.423 5.424
2900-3100
RADIOLOCATION 5.424A
RADIONAVIGATION 5.426
5.423 G15
2900-3100
RADIOLOCATION 5.424A G56
MARITIME RADIONAVIGATION
5.423 US18
2900-3100
MARITIME RADIONAVIGATION
Radiolocation US44
5.425 5.427
3100-3300
RADIOLOCATION
Earth exploration-satellite (active)
Space research (active)
5.427 US44 US316
3100-3300
RADIOLOCATION G59
Earth exploration-satellite (active)
Space research (active)
5.427 US316
3100-3300
Earth exploration-satellite (active)
Space research (active)
Radiolocation
US342
3300-3500
RADIOLOCATION G2
US342
3300-3500
US108 US342
US108 US342
5.149 5.428
3300-3400
RADIOLOCATION
5.149 5.429 5.429A 5.4298
5.430
3400-3600
FIXED
FIXED-SATELLITE
(space-to-Earth)
MOBILE except aeronautical
mobile 5.430A
Radiolocation
5.431
ER09OC20.010</GPH>
2670-2690
FIXED 5.410
FIXED-SATELLITE {Earth-to-space)
{space-to-Earth) 5.2088 5.415
MOBILE except aeronautical mobile
5.384A
Earth exploration-satellite (passive)
Radio astronomy
Space research (passive)
3300-3400
RADIOLOCATION
Amateur
Fixed
Mobile
3300-3400
RADIOLOCATION
Amateur
5.149 5.429C 5.429D
3400-3500
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE except aeronautical mobile
5.431A 5.431 B
Amateur
Radiolocation 5.433
5.149 5.429 5.429E 5.429F
3400-3500
FIXED
FIXED-SATELLITE (space-to-Earth)
Amateur
Mobile 5.432 5.4328
Radiolocation 5.433
5.282
5.282 5.432A
2700-2900
Aviation (87)
Maritime (80)
Private Land Mobile
(90)
Private Land Mobile
(90)
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16:35 Oct 08, 2020
2670-2690
FIXED 5.410
MOBILE except aeronautical
mobile 5.384A
Earth exploration-satellite
(passive)
Radio astronomy
Space research (passive)
Reaion 1 Table
(See previous page)
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3600-4200
FIXED
FIXED-SATELLITE
(space-to-Earth)
Mobile
Frm 00075
3600-3700
FIXED
FIXED-SATELLITE
(space-to-Earth)
MOBILE except aeronautical
mobile 5.434
Radiolocation 5.433
3500-5460 MHz (SHF)
Reaion 3 Table
3500-3600
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE except aeronautical mobile
5.433A
Radiolocation 5.433
3600-3700
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE except aeronautical mobile
Radio location
5.435
3700-4200
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE except aeronautical mobile
Fmt 4700
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09OCR1
Paae 41
United States Table
Non-Federal Table
3500-3550
Federal Table
3500-3550
RADIOLOCATION G59
AERONAUTICAL RADIONAVIGATION
(ground-based) G110
US108
3550-3650
RADIOLOCATION G59
AERONAUTICAL RADIONAVIGATION
(ground-based) G110
US105 US107 US245 US433
3650-3700
US109 US349
3700-4200
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 5.4418 5.442
Radio astronomy
4200-4400
AERONAUTICAL RADIONAVIGATION
5.149 5.339 5.443
4990-5000
FIXED
MOBILE except aeronautical mobile
5.339 US342 US385 G122
4990-5000
RADIO ASTRONOMY US74
Space research (passive)
RADIO ASTRONOMY
Space research (passive)
5.149
US246
5.440 US261
4400-4940
FIXED
MOBILE
US113 US245 US342
4940-4990
US108
3550-3600
FIXED
MOBILE except aeronautical mobile
US105 US433
3600-3650
FIXED
FIXED-SATELLITE (space-to-Earth) US107
US245
MOBILE except aeronautical mobile
US105 US433
3650-3700
FIXED
FIXED-SATELLITE (space-to-Earth) NG169
NG185
MOBILE except aeronautical mobile
US109 US349
3700-4000
FIXED
MOBILE except aeronautical mobile
NG182 NG457A
4000-4200
FIXED
FIXED-SATELLITE (space-to-Earth) NG457A
NG182
FCC Rule Part(s)
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)
64067
ER09OC20.011</GPH>
International Table
Reaion 2 Table
3500-3600
FIXED
FIXED-SATELLITE
(space-to-Earth)
MOBILE except aeronautical
mobile 5.4318
Radiolocation 5.433
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
16:35 Oct 08, 2020
BILLING CODE 6712–01–C
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Table of Frequency Allocations
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
United States (US) Footnotes
*
*
*
*
*
US108 In the band 3300–3550 MHz,
notwithstanding removal of the nonFederal allocations from these bands in
[insert FCC item number], secondary
non-Federal radiolocation and
secondary amateur license holders
operating as of [insert the effective date
the Commission’s Report and Order]
may continue to operate on a secondary
basis while the Commission finalizes
plans to reallocate spectrum in the 3.45–
3.55 GHz band. Authorization for these
operations will sunset on a future date
certain, consistent with the first possible
grant of flexible use authorizations to
new users in that portion of the band.
The date by which non-Federal stations
in these services will be required to
cease operations in the band 3300–3550
MHz will be set by the Commission in
a subsequent decision in its proceeding.
In the band 10–10.5 GHz, survey
operations, using transmitters with a
peak power not to exceed five watts into
the antenna, may be authorized for
Federal and non-Federal use on a
secondary basis to other Federal
radiolocation operations.
*
*
*
*
*
7. Amend § 97.209 by revising
paragraph (b)(9) to read as follows:
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
■
3. The authority citation for part 90
continues to read as follows:
§ 97.209
■
Authority: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7), 1401–1473.
§ 90.103
[Amended]
4. In § 90.103, amend the table in
paragraph (b) by removing the entries
for the ‘‘3300 to 3500’’ MHz and ‘‘3500
to 3550’’ MHz bands.
■
PART 97—AMATEUR RADIO SERVICE
5. The authority citation for part 97
continues to read as follows:
■
Authority: 47 U.S.C. 151–155, 301–609,
unless otherwise noted.
6. Amend § 97.207 by revising
paragraph (c)(2) to read as follows:
■
§ 97.207
Space station.
*
*
*
*
*
(c) * * *
(2) The 7.0–7.1 MHz, 14.00–14.25
MHz, 144–146 MHz, 435–438 MHz,
2400–2450 MHz, 5.83–5.85 GHz, 10.45–
10.50 GHz, and 24.00–24.05 GHz
segments.
*
*
*
*
*
Earth station.
*
*
*
*
*
(b) * * *
(2) The 7.0–7.1 MHz, 14.00–14.25
MHz, 144–146 MHz, 435–438 MHz,
1260–1270 MHz and 2400–2450 MHz,
5.65–5.67 GHz, 10.45–10.50 GHz and
24.00–24.05 GHz segments.
8. Amend § 97.211 by revising
paragraph (c)(2) to read as follows:
■
§ 97.211
Space telecommand station.
*
*
*
*
*
(c) * * *
(2) The 7.0–7.1 MHz, 14.00–14.25
MHz, 144–146 MHz, 435–438 MHz,
1260–1270 MHz and 2400–2450 MHz,
5.65–5.67 GHz, 10.45–10.50 GHz and
24.00–24.05 GHz segments.
*
*
*
*
*
9. In § 97.301, revise the table in
paragraph (a) to read as follows:
■
§ 97.301
*
Authorized frequency bands.
*
*
(a) * * *
*
Sharing
requirements
see § 97.303
(paragraph)
Wavelength band
ITU Region 1
ITU Region 2
ITU Region 3
VHF
MHz
MHz
MHz
6 m ...................................................................
2 m ...................................................................
1.25 m ..............................................................
Do .............................................................
....................................
144–146 ....................
....................................
....................................
50–54 ........................
144–148 ....................
219–220 ....................
222–225 ....................
50–54 ........................
144–148 ....................
....................................
....................................
UHF
MHz
MHz
MHz
430–440 ....................
....................................
1240–1300 ................
2300–2310 ................
2390–2450 ................
420–450 ....................
902–928 ....................
1240–1300 ................
2300–2310 ................
2390–2450 ................
430–440 ....................
....................................
1240–1300 ................
2300–2310 ................
2390–2450 ................
SHF
GHz
GHz
GHz
5 cm .................................................................
3 cm .................................................................
1.2 cm ..............................................................
5.650–5.850 ..............
10.0–10.5 ..................
24.00–24.25 ..............
5.650–5.925 ..............
10.0–10.5 ..................
24.00–24.25 ..............
5.650–5.850 ..............
10.0–10.5 ..................
24.00–24.25 ..............
EHF
GHz
GHz
GHz
6 mm ................................................................
4 mm ................................................................
2.5 mm .............................................................
2 mm ................................................................
1 mm ................................................................
47.0–47.2 ..................
76–81 ........................
122.25–123.00 ..........
134–141 ....................
241–250 ....................
Above 275 .................
47.0–47.2 ..................
76–81 ........................
122.25–123.00 ..........
134–141 ....................
241–250 ....................
Above 275 .................
47.0–47.2.
76–81 ........................
122.25–123.00 ..........
134–141 ....................
241–250 ....................
Above 275 .................
*
■
70
33
23
13
cm ...............................................................
cm ...............................................................
cm ...............................................................
cm ...............................................................
Do .............................................................
*
*
VerDate Sep<11>2014
*
*
16:35 Oct 08, 2020
10. In § 97.303, revise paragraphs (b)
and (f) and remove and reserve
paragraph (q) to read as follows:
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Fmt 4700
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§ 97.303
*
E:\FR\FM\09OCR1.SGM
*
*
(a).
(a), (k).
(l).
(a).
(a),
(a),
(b),
(d),
(d),
(b),
(b),
(d),
(p).
(e),
(m).
(e), (n).
(o).
(p).
(a), (b), (e), (r).
(a), (b), (k).
(b), (d), (e).
(c), (f), (s).
(e), (t).
(c), (f).
(c), (e), (f).
(f).
Frequency sharing requirements.
*
09OCR1
*
*
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Rules and Regulations
(b) Amateur stations transmitting in
the 70 cm band, the 33 cm band, the 23
cm band, the 5 cm band, the 3 cm band,
or the 24.05–24.25 GHz segment must
not cause harmful interference to, and
must accept interference from, stations
authorized by the United States
Government in the radiolocation
service.
*
*
*
*
*
(f) Amateur stations transmitting in
the following segments must not cause
harmful interference to radio astronomy
stations: 76–81 GHz, 136–141 GHz, 241–
248 GHz, 275–323 GHz, 327–371 GHz,
388–424 GHz, 426–442 GHz, 453–510
GHz, 623–711 GHz, 795–909 GHz, or
926–945 GHz. In addition, amateur
stations transmitting in the following
segments must not cause harmful
interference to stations in the Earth
exploration-satellite service (passive) or
the space research service (passive):
275–286 GHz, 296–306 GHz, 313–356
GHz, 361–365 GHz, 369–392 GHz, 397–
399 GHz, 409–411 GHz, 416–434 GHz,
439–467 GHz, 477–502 GHz, 523–527
GHz, 538–581 GHz, 611–630 GHz, 634–
654 GHz, 657–692 GHz, 713–718 GHz,
729–733 GHz, 750–754 GHz, 771–776
GHz, 823–846 GHz, 850–854 GHz, 857–
862 GHz, 866–882 GHz, 905–928 GHz,
951–956 GHz, 968–973 GHz and 985–
990 GHz.
*
*
*
*
*
§ 97.305
[Amended]
11. In § 97.305, amend the table in
paragraph (c) by removing the entry for
the 9 cm band under SHF.
■
[FR Doc. 2020–22528 Filed 10–8–20; 8:45 am]
BILLING CODE 6712–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1845
[NFS Case 2020–N016]
RIN 2700–AE59
NASA Federal Acquisition Regulation
Supplement: Removal of Use of
Government Property for Commercial
Work
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
NASA is issuing a final rule
to amend the NASA Federal Acquisition
Regulation (FAR) Supplement (NFS) to
remove the sections governing ‘‘Use of
Government property for commercial
work’’ from NFS as this only affects the
internal Agency administrative
SUMMARY:
VerDate Sep<11>2014
16:35 Oct 08, 2020
Jkt 253001
procedures and has no cost or
administrative impact on contractors or
prospective contractors.
DATES: This final rule is effective
December 8, 2020. Comments due on or
before November 9, 2020. If adverse
comments are received, NASA will
publish a timely withdrawal of the rule
in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Teresa Anthony, NASA Headquarters,
Office of Procurement, Procurement
Management and Policy Division, 300 E
Street SW, Washington, DC 20456–0001.
Telephone 202–358–0104.
SUPPLEMENTARY INFORMATION:
I. Background
NFS Part 1845.301–71 Use of
Government property for commercial
work, contains procedures and criteria
related to the approval of nongovernment use of NASA equipment on
commercial contracts that affect only
the internal Agency administrative
procedures and have no cost or
administrative impact on contractors or
prospective contractors. Pursuant to
Executive Order 13563, Improving
Regulation and Regulatory Review, and
Executive Order 13777, Enforcing the
Regulatory Reform Agenda, NASA is
continually reviewing existing
regulations with the objective of
reducing or removing any unnecessary,
outdated and burdensome requirements
that have outlived their intended
purpose. Because the 1845.301–71 affect
only the internal Agency administrative
procedures it can be removed from the
regulatory section of the NFS.
NASA does not anticipate opposition
to the changes or significant adverse
comments. However, if the Agency
receives significant adverse comment, it
will withdraw this final rule by
publishing a notice in the Federal
Register. A significant adverse comment
is one that explains: (1) Why the final
rule is inappropriate, including
challenges to the rule’s underlying
premise or approach; or (2) why the
final rule will be ineffective or
unacceptable without change. In
determining whether a comment
necessitates withdrawal of this final
rule, NASA will consider whether it
warrants a substantive response in a
notice and comment process.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
Publication of proposed regulations,
41 U.S.C. 1707, is the statute which
applies to the publication of the Federal
Acquisition Regulation (FAR).
Paragraph (a)(1) of the statute requires
PO 00000
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Fmt 4700
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64069
that a procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or from, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment
because it makes non-substantive
changes to Agency regulations that has
no impact on contractors or prospective
offerors as the definitions being
removed affect only the internal Agency
administrative procedures.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Executive Order 13371
This rule is not subject to Executive
Order (E.O.) 13771, Reducing
Regulation and Controlling Regulatory
Costs, because this rule is not a
significant regulatory action under E.O.
12866.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
NFS revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 and
therefore does not require publication
for public comment.
VI. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
E:\FR\FM\09OCR1.SGM
09OCR1
]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Rules and Regulations]
[Pages 64062-64069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22528]
[[Page 64062]]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 90, and 97
[WT Docket No. 19-348; FCC 20-138; FRS 17120]
Facilitating Shared Use in the 3100-3550 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission adopts changes to its rules
to prepare the 3.45-3.55 GHz band for commercial wireless services. It
removes the secondary, non-federal allocations in the 3.3-3.55 GHz band
for radiolocation services and the amateur radio service. These
services will continue in alternate spectrum; radiolocation operations
will be moved to the 2.9-3.0 GHz band, already home to similar
operations, and amateur licensees will be able to relocate their
operations to other frequencies already available for amateur
operations. Clearing this band of secondary services will allow the
Commission to auction the 3.45-3.55 GHz band for commercial wireless
services on a co-primary basis with federal radionavigation and
radiolocation operations.
DATES: Effective November 9, 2020.
FOR FURTHER INFORMATION CONTACT: Joyce Jones, Wireless
Telecommunications Bureau, Mobility Division, (202) 418-1327 or
[email protected], or Ira Keltz, Office of Engineering and
Technology, (202) 418-0616 or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Report and Order in
WT Docket No. 19-348, FCC 20-138, adopted September 30, 2020, and
released October 2, 2020. The full text of the Report and Order is
available for public inspection at the following internet address:
https://docs.fcc.gov/public/attachments/FCC-20-138A1.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) or 202-418-0432 (TTY).
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (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, an
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the
Notice of Proposed Rulemaking (NPRM) released in December 2019 in this
proceeding (85 FR 3579, January 22, 2020). 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 FRFA
conforms to the RFA. The Commission will send a copy of the Report and
Order, Order of Proposed Modification, and Orders, including the FRFA,
to the Chief Counsel for Advocacy of the Small Business Administration.
Paperwork Reduction Act
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995,
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Congressional Review Act
The Commission will send a copy of the Report and Order to Congress
and the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
Synopsis
I. Introduction
1. In the Report and Order the Commission continues to execute its
comprehensive strategy to Facilitate America's Superiority in 5G
Technology (the 5G FAST Plan). It builds on efforts to unleash
additional much-needed mid-band spectrum for flexible use, focusing on
the 3100-3550 MHz band. Continued technological developments make 3 GHz
spectrum ideal for next generation wireless services, including 5G, and
the repurposing of 3.5 GHz and 3.7 GHz band spectrum presents an
opportunity to make a large contiguous block of mid-band spectrum
available for commercial use. Collectively, the 3.45-3.55 GHz band and
neighboring 3.5 GHz and 3.7 GHz bands could offer 530 megahertz of mid-
band spectrum for flexible use.
2. The Commission therefore acts now to prepare the 3.45-3.55 GHz
band for such future use. The Report and Order adopts the Commission's
2019 proposal to remove the secondary, non-federal allocations from the
3.3-3.55 GHz band as a first step toward future sharing between federal
incumbents and commercial operations. It expects that this action, in
tandem with continued work by the Department of Defense (DoD) and other
federal partners, will allow for agencies to file transition plans no
later than April 2021, and for commercial operations to begin in early
2022.
II. Background
3. The lower 3 GHz band--and the 3450 MHz to 3550 MHz portion of
the band (3.45-3.55 GHz band) in particular--has been targeted as
spectrum to support 5G both here and abroad, and assessed within the
federal government, across the legislative and executive branches, as
well as within the Commission. The National Telecommunications and
Information Administration (NTIA) identified the 3450-3550 MHz spectrum
band as a potential candidate for shared use between federal incumbents
and commercial services two years ago. In 2018, Congress passed the
Fiscal Year 2018 omnibus spending bill, which directed NTIA to work
with the Commission on identifying sharing opportunities in the 3.1-
3.55 GHz band.
4. In December 2019, the Commission adopted a Notice of Proposed
Rulemaking that proposed to clear non-federal secondary allocations
from the 3.3-3.5 GHz band as a preliminary step toward potential future
shared use between federal incumbents and commercial users of the band.
In June 2020, pursuant to its obligations under the Commercial Spectrum
Enhancement Act, the Commission notified the NTIA of its plan to
commence an auction in December 2021 for licenses in 100 megahertz of
the 3400-3550 MHz band. There has also been a broad and consistent
effort by international governing bodies and global standards setting
organizations to review the suitability of several frequency bands for
next generation 5G wireless services, including the lower 3 GHz band.
The Commission's continued efforts to promote flexible use licensing in
the band will help to promote international harmonization.
5. In 2020, the White House and the DoD formed America's Mid-Band
Initiative Team (AMBIT) with the goal of making 100 megahertz of
contiguous mid-band spectrum available in the 3.45-3.55 GHz band for
full commercial
[[Page 64063]]
use. Under the agreement that was reached as part of the AMBIT study
process, the DoD expects to enable commercial 5G systems to operate at
full power throughout almost all the contiguous United States. The DoD
would also require access to the spectrum during times of national
emergency.
6. Currently, the entire 3.1-3.55 GHz band is allocated for both
federal and non-federal radiolocation services, with non-federal users
operating on a secondary basis to primary federal radiolocation
services. The DoD operates high-powered defense radar systems on fixed,
mobile, shipborne, and airborne platforms in this band. From 3.1-3.3
GHz, the band is also allocated for federal and non-federal space
research (active) and earth exploration satellite (active) in addition
to radiolocation services.
7. There are 17 non-federal radiolocation licenses in the portion
of the band below 3.3 GHz, which are held by power companies and
municipalities. Between 3.3 GHz and 3.55 GHz, there are only eight
active non-federal radiolocation licenses, which are being used for a
variety of commercial and industrial radiolocation services. In
addition, non-federal amateur services operate in the 3.3-3.5 GHz
portion of the band pursuant to a secondary allocation and must not
cause harmful interference to operations such as radio astronomy
stations and stations authorized by other nations for radiolocation
service. The 3.5-3.55 GHz portion of the band is also allocated for
federal aeronautical radionavigation services. In addition, the Radio
Astronomy Service makes use of 3260-3267 MHz, 3332-3339 MHz, and
3345.8-3352.5 MHz. Also among the non-federal users operating in the
3.1-3.55 GHz band are holders of hundreds of non-federal experimental
licenses, including special temporary authorizations (STAs). These
experimental licenses and STAs are issued pursuant to part 5 of the
Commission's rules and may be granted for a broad range of research and
experimentation purposes, but experimental licenses and STAs must
operate on a non-interference basis.
8. The band immediately above 3.1-3.55 GHz is authorized for
commercial wireless operations. In 2015, the Commission established the
Citizens Broadband Radio Service in the 3.55-3.7 GHz band (3.5 GHz
band) for shared use between new 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. The primary allocation
for federal radiolocation operations continues below 3.1 GHz, with
secondary non-federal radiolocation operations in this spectrum as
well.
III. Report and Order
A. Clearing the 3.3-3.55 GHz Band of Secondary, Non-Federal Allocations
9. In its December 2019 Notice of Proposed Rulemaking, the
Commission proposed to eliminate the non-federal radiolocation service
allocations in the 3.3-3.55 GHz band, as well as the non-federal
amateur allocation in the 3.3-3.5 GHz band. Both are secondary users of
the band. The Commission finds that removing the existing secondary
non-federal allocations from the 3.3-3.55 GHz band and clearing these
non-federal operations from the band is in the public interest, and
therefore adopts this proposal. Because the DoD and NTIA agree that
commercial users operating pursuant to flexible use licenses can be
accommodated in the 3.45-3.55 GHz band at full power, and given
continued interest in the 3.3-3.45 GHz band for future sharing for
flexible use licenses, retaining the secondary non-federal allocations
across this spectrum would hinder the Commission's ability to offer
flexible use licensing in the future and would undermine the intensive
and efficient use of valuable mid-band spectrum. The Commission will
allow secondary non-federal licensees operating as of the effective
date of this Report and Order to continue to operate in the 3.45-3.55
GHz band while it finalizes plans to reallocate spectrum in the band.
Authorization for these operations will sunset on a date consistent
with the first possible grant of flexible use authorizations to new
users in that portion of the band. The Commission revises the Table of
Allocations accordingly.
10. The Commission considers clearing spectrum for flexible use to
be a priority when it is feasible to do so. Spectrum that has been
cleared to the greatest extent possible provides maximum flexibility in
future uses, ensuring intensive and efficient use of that spectrum
going forward. Spectrum encumbrances, on the other hand, constrain the
potential of future uses of that spectrum, deter investment in the
band, and undermine the public interest benefits of the relicensing
process. Given the ever-increasing demand for wireless spectrum for
broadband access and the particular need for additional mid-band
spectrum for those services, such spectrum should be made available for
exclusive, as opposed to shared, non-federal use where possible.
11. The Commission has broad authority under the Communications Act
to modify its rules governing use of radio spectrum, and specific
authority to allocate spectrum so as to provide flexibility of use.
Under the Commission's rules, secondary spectrum users cannot claim
protection from primary operations, including those subsequently
licensed by the Commission, and they are subject to losing their
spectrum rights if the primary operations in the band change at a later
date.
12. From a technical perspective, the removal of secondary, non-
federal licensees from the 3.3-3.55 GHz band is necessary given the
incompatibility of radiolocation and amateur operations with ubiquitous
mobile and fixed broadband services, which are likely the primary uses
pursuant to flexible use licenses. Existing federal use of this band is
sporadic and geographically localized, which has created a spectral
environment well-suited to the coexistence of radiolocation and amateur
operations. By contrast, nationwide broadband services operate at all
times in virtually all areas and would provide these secondary
operations with little opportunity for meaningful, interference-free
operations. Further, we expect that, if the incumbents were to try to
maintain some degree of secondary operations, the dense and growing
deployment of base stations providing wide area mobile services on a
primary basis using all frequencies in the band would make such efforts
on the part of secondary, co-channel systems too tenuous. Commenters
agree that we should not permit continued secondary operations if
flexible use licenses are to be used for 5G and other forms of
nationwide wireless broadband. The Commission concludes that such
secondary. Secondary systems could not operate without creating
significant interference risks both to their own operations and to
primary flexible use services.
13. Clearing this band of encumbrances will ensure that it is used
intensely and efficiently, create a spectral environment that will
support wireless broadband operations, and promote commercial interest
and investment in the band. Current non-federal secondary radiolocation
uses--particularly high-power weather radar systems--are incompatible
with the anticipated future use of the band, so our actions today are a
necessary predicate to repurposing the 3.45-3.55 GHz band for flexible
use services. Sunsetting the secondary non-federal
[[Page 64064]]
allocations will prevent adjacent-channel issues and preserve the
possibility of additional clearing for flexible use licensing below
3.45 GHz, furthering the public interest. Deciding to relocate these
non-federal users at this time will facilitate timely advance planning
to accommodate the needs of all existing and future federal and non-
federal users--a complex undertaking posing technical and financial
issues that the Commission will need to work with relevant stakeholders
to resolve. This action will increase investment in communications
services and systems and technological development by providing maximum
opportunities for deployment of flexible use services, while continuing
to provide spectrum for these secondary operations.
14. This decision notwithstanding, secondary non-federal
radiolocation licensees and amateur license holders operating as of the
effective date of this Report and Order may continue operating while
the Commission finalizes plans to reallocate spectrum in the 3.45-3.55
GHz band. Authorization for these operations will sunset on a date
consistent with the first possible grant of flexible use authorizations
to new users in that portion of the band. For example, if we adopt a
licensing scheme that will result in an auction to assign licenses,
secondary use would sunset within 90 days of the close of the auction.
The Table of Allocations is revised accordingly. There are hundreds of
experimental licenses, including experimental STAs, active throughout
the 3.1-3.55 GHz band at any given time. Going forward, these
operations will be permitted here under the same limitations as they
are in other bands licensed for flexible use--including that they must
operate on a non-interference basis.
B. Relocation of Secondary, Non-Federal Radiolocation Operations
15. The Commission removes the secondary, non-federal radiolocation
allocation in the 3.3-3.55 GHz band. In relocating these operations,
their current 50-megahertz allocation will be continued, along with
their secondary status. Secondary, non-federal radiolocation licensees
operating as of the effective date of this Report and Order may,
however, continue to operate in this band until authorization for such
operations are sunset as described above. Radiolocation authorization
will sunset on a date consistent with the first possible grant of
flexible use authorizations to new users in that portion of the band
(e.g., 90 days from the close of the auction if the Commission adopts a
licensing scheme that will result in an auction to assign licenses).
16. Although spectrum above 3.45 GHz is the current focus for
flexible use operations, secondary non-federal radiolocation operations
will not be allowed to continue in the spectrum between 3.3 GHz and
3.45 GHz. Rather, in order to prevent cross-service, adjacent channel
interference to new operations and to prepare the band for future
relicensing, all secondary radiolocation operations in the 3.3-3.55 GHz
band will be required to relocate to the 2.9-3.0 GHz band by a date
certain that will be set by subsequent Commission action in this
proceeding. Spectrum below 3.0 GHz is the preferable location for these
operations, and will allow radiolocation operators to provide the same
S-band (2-4 GHz) radar services as they do at 3.3-3.55 GHz and will
minimize adjacent channel interference to potential future flexible use
licenses.
17. Commenters currently holding these radiolocation licenses agree
with relocation below 3.1 GHz, and no commenters object or offer any
alternative means by which flexible use licensing could move forward in
this band. Given the ongoing consideration of the entire 3.1-3.55 GHz
band for future flexible use licenses, the Commission finds it is
unwise to relocate secondary radiolocation operations to the lower
portion of this band, i.e., 3.1-3.3 GHz. We also agree with commenters
that identified spectrum below 3.1 GHz as a preferable location for
these operations. In order to minimize adjacent channel interference to
potential future flexible use licenses, however, we find that moving
these operations to spectrum below 3.0 GHz is preferable to placing
them in the 3.0-3.1 GHz band. Since the 2.9-3.0 GHz band already hosts
non-federal radiolocation operations on a secondary basis, including
the NEXRAD weather radar system operated by the National Weather
Service, the band should be able to accommodate these relocated
operations without running the risk of causing adjacent channel
interference to flexible use licenses. NBCUniversal agrees with this
conclusion, and no commenter disagrees. There is also no dispute in the
record that existing equipment can be upgraded to support operations in
this lower S-band spectrum, which should reduce the expense and
complexity involved in the relocation. In relocating these operations,
we will preserve their current 50-megahertz allocation and retain their
secondary status.
C. Sunset of Secondary Amateur Allocation
18. The Commission removes the amateur allocation from the 3.3-3.5
GHz band. As it did with radiolocation operations, the Commission
adopts changes to its rules today that provide for the sunset of the
secondary amateur allocation in the band, but allow continued use of
the band for amateur operations, pending resolution of the issues
raised in the Further Notice. Secondary non-federal amateur licensees
operating in this band as of the effective date of this Report and
Order may continue while the Commission finalizes plans to reallocate
spectrum in the 3.45-3.55 GHz band. Authorizations will sunset on a
date consistent with the first possible grant of flexible use
authorizations to new users in that portion of the band--for example,
90 days after the close of the auction if the Commission adopt a
licensing scheme that will result in an auction to assign licenses. The
Table of Allocations is revised accordingly.
19. Clearing all secondary operations, including amateur
operations, from this spectrum will allow us to maximize the band for
potential flexible use operations in the future. Further, to prevent
adjacent-channel issues and to preserve the possibility of additional
clearing for flexible use licensing below 3.45 GHz, sunsetting the
secondary amateur allocation from the entire 3.3-3.5 GHz portion of the
band is in the public interest. Amateur stations in this band are
licensed on a shared basis. However, only amateur service operators
with privileges for transmitting in this band based on their license
class may operate stations on this spectrum. The class of a given
operator's license determines on which of the many amateur frequencies
it may operate, and amateurs with access to the 3.3-3.5 GHz band also
have access to a large number of other bands. These include bands with
similar characteristics and operations such as the 2.39-2.45 GHz and
5.65-5.925 GHz bands, as well as dozens of others. Due to the unique
nature of the licensing of the amateur service, the Commission does not
provide for relocation of these operations in the same way as for
radiolocation operations. Instead, amateur operators may choose for
themselves whether to continue these operations in alternate spectrum,
and which available spectrum to use.
20. Notwithstanding the utility of amateur operations in this band,
operators that chose to construct networks in this band did so despite
the fact that the amateur allocation was
[[Page 64065]]
secondary and entirely subject to current or future primary operations.
As part 97 of our rules makes clear, amateur operations are a
noncommercial, voluntary service. Amateur stations are permitted to
operate in many different bands; amateur stations operating in the 3
GHz band have several other nearby bands available to them with similar
propagation characteristics, such as the nearby 2 GHz band and the 5
GHz band. After the authorization to operate sunsets for secondary
amateur licensees here, amateur stations will continue to have
available these and other bands that are allocated for amateur use.
VI. Ordering Clauses
21. It is ordered, pursuant to sections 1, 4(i), 157, 301, 303,
307, 308, 309, 310, and 316, of the Communications Act of 1934, as
amended, as well as the mobile now Act, Public Law 115-141, 132 Stat.
1098, Div. P, Title VI, Sec. 603 (Mar. 23, 2018), 47 U.S.C. 151,
154(i), 157, 301, 303, 307, 308, 309, 310,
22. It is further ordered that the amendments of parts 2, 90, and
97 of the Commission's rules, as set forth in Appendix A, are adopted,
effective thirty (30) days after publication in the Federal Register.
23. 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 and Further Notice of Proposed
Rulemaking, including the Final and Initial Regulatory Flexibility
Analyses, to the Chief Counsel for Advocacy of the Small Business
Administration.
24. It is further ordered that the Commission shall send a copy of
this Report and Order 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).
Lists of Subjects in 47 CFR Parts 2, 90, and 97
Frequency allocations, Private land mobile radio services, the
Amateur radio service.
Federal Communications Commission.
Marlene Dortch,
Secretary, Federal Communications Commission.
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Revise pages 40 and 41.
0
b. In the list of United States (US) Footnotes, revise footnote US108.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
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[[Page 64066]]
[GRAPHIC] [TIFF OMITTED] TR09OC20.010
[[Page 64067]]
[GRAPHIC] [TIFF OMITTED] TR09OC20.011
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[[Page 64068]]
United States (US) Footnotes
* * * * *
US108 In the band 3300-3550 MHz, notwithstanding removal of the
non-Federal allocations from these bands in [insert FCC item number],
secondary non-Federal radiolocation and secondary amateur license
holders operating as of [insert the effective date the Commission's
Report and Order] may continue to operate on a secondary basis while
the Commission finalizes plans to reallocate spectrum in the 3.45-3.55
GHz band. Authorization for these operations will sunset on a future
date certain, consistent with the first possible grant of flexible use
authorizations to new users in that portion of the band. The date by
which non-Federal stations in these services will be required to cease
operations in the band 3300-3550 MHz will be set by the Commission in a
subsequent decision in its proceeding. In the band 10-10.5 GHz, survey
operations, using transmitters with a peak power not to exceed five
watts into the antenna, may be authorized for Federal and non-Federal
use on a secondary basis to other Federal radiolocation operations.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
3. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
Sec. 90.103 [Amended]
0
4. In Sec. 90.103, amend the table in paragraph (b) by removing the
entries for the ``3300 to 3500'' MHz and ``3500 to 3550'' MHz bands.
PART 97--AMATEUR RADIO SERVICE
0
5. The authority citation for part 97 continues to read as follows:
Authority: 47 U.S.C. 151-155, 301-609, unless otherwise noted.
0
6. Amend Sec. 97.207 by revising paragraph (c)(2) to read as follows:
Sec. 97.207 Space station.
* * * * *
(c) * * *
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz,
2400-2450 MHz, 5.83-5.85 GHz, 10.45-10.50 GHz, and 24.00-24.05 GHz
segments.
* * * * *
0
7. Amend Sec. 97.209 by revising paragraph (b)(9) to read as follows:
Sec. 97.209 Earth station.
* * * * *
(b) * * *
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz,
1260-1270 MHz and 2400-2450 MHz, 5.65-5.67 GHz, 10.45-10.50 GHz and
24.00-24.05 GHz segments.
0
8. Amend Sec. 97.211 by revising paragraph (c)(2) to read as follows:
Sec. 97.211 Space telecommand station.
* * * * *
(c) * * *
(2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz,
1260-1270 MHz and 2400-2450 MHz, 5.65-5.67 GHz, 10.45-10.50 GHz and
24.00-24.05 GHz segments.
* * * * *
0
9. In Sec. 97.301, revise the table in paragraph (a) to read as
follows:
Sec. 97.301 Authorized frequency bands.
* * * * *
(a) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sharing requirements see
Wavelength band ITU Region 1 ITU Region 2 ITU Region 3 Sec. 97.303 (paragraph)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VHF MHz.......................... MHz......................... MHz.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
6 m............................ ............................. 50-54....................... 50-54....................... (a).
2 m............................ 144-146...................... 144-148..................... 144-148..................... (a), (k).
1.25 m......................... ............................. 219-220..................... ............................ (l).
Do............................ ............................. 222-225..................... ............................ (a).
--------------------------------------------------------------------------------------------------------------------------------------------------------
UHF MHz.......................... MHz......................... MHz.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
70 cm.......................... 430-440...................... 420-450..................... 430-440..................... (a), (b), (m).
33 cm.......................... ............................. 902-928..................... ............................ (a), (b), (e), (n).
23 cm.......................... 1240-1300.................... 1240-1300................... 1240-1300................... (b), (d), (o).
13 cm.......................... 2300-2310.................... 2300-2310................... 2300-2310................... (d), (p).
Do............................ 2390-2450.................... 2390-2450................... 2390-2450................... (d), (e), (p).
--------------------------------------------------------------------------------------------------------------------------------------------------------
SHF GHz.......................... GHz......................... GHz.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 cm........................... 5.650-5.850.................. 5.650-5.925................. 5.650-5.850................. (a), (b), (e), (r).
3 cm........................... 10.0-10.5.................... 10.0-10.5................... 10.0-10.5................... (a), (b), (k).
1.2 cm......................... 24.00-24.25.................. 24.00-24.25................. 24.00-24.25................. (b), (d), (e).
--------------------------------------------------------------------------------------------------------------------------------------------------------
EHF GHz.......................... GHz......................... GHz.........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
6 mm........................... 47.0-47.2.................... 47.0-47.2................... 47.0-47.2...................
4 mm........................... 76-81........................ 76-81....................... 76-81....................... (c), (f), (s).
2.5 mm......................... 122.25-123.00................ 122.25-123.00............... 122.25-123.00............... (e), (t).
2 mm........................... 134-141...................... 134-141..................... 134-141..................... (c), (f).
1 mm........................... 241-250...................... 241-250..................... 241-250..................... (c), (e), (f).
Above 275.................... Above 275................... Above 275................... (f).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
10. In Sec. 97.303, revise paragraphs (b) and (f) and remove and
reserve paragraph (q) to read as follows:
Sec. 97.303 Frequency sharing requirements.
* * * * *
[[Page 64069]]
(b) Amateur stations transmitting in the 70 cm band, the 33 cm
band, the 23 cm band, the 5 cm band, the 3 cm band, or the 24.05-24.25
GHz segment must not cause harmful interference to, and must accept
interference from, stations authorized by the United States Government
in the radiolocation service.
* * * * *
(f) Amateur stations transmitting in the following segments must
not cause harmful interference to radio astronomy stations: 76-81 GHz,
136-141 GHz, 241-248 GHz, 275-323 GHz, 327-371 GHz, 388-424 GHz, 426-
442 GHz, 453-510 GHz, 623-711 GHz, 795-909 GHz, or 926-945 GHz. In
addition, amateur stations transmitting in the following segments must
not cause harmful interference to stations in the Earth exploration-
satellite service (passive) or the space research service (passive):
275-286 GHz, 296-306 GHz, 313-356 GHz, 361-365 GHz, 369-392 GHz, 397-
399 GHz, 409-411 GHz, 416-434 GHz, 439-467 GHz, 477-502 GHz, 523-527
GHz, 538-581 GHz, 611-630 GHz, 634-654 GHz, 657-692 GHz, 713-718 GHz,
729-733 GHz, 750-754 GHz, 771-776 GHz, 823-846 GHz, 850-854 GHz, 857-
862 GHz, 866-882 GHz, 905-928 GHz, 951-956 GHz, 968-973 GHz and 985-990
GHz.
* * * * *
Sec. 97.305 [Amended]
0
11. In Sec. 97.305, amend the table in paragraph (c) by removing the
entry for the 9 cm band under SHF.
[FR Doc. 2020-22528 Filed 10-8-20; 8:45 am]
BILLING CODE 6712-01-P
