Wireless Telecommunication Bureau Seeks To Supplement the Record on 70/80/90 GHz Bands Notice of Proposed Rulemaking, 60436-60438 [2021-23712]

Download as PDF 60436 Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules CFR 51.165.20 The EPA is proposing to approve Colorado’s certification that the SIP-approved New Source Review permitting requirements in Regulation 3, Part D of the CCR meet the requirements located in 40 CFR 51.1314 and 40 CFR 51.165. III. Proposed Action We are proposing to approve the NNSR Permit Program certification provided in Colorado’s SIP revision. The certified NNSR Permit Program was prepared in accordance with requirements of sections 172(c)(5) and 173 of the CAA and fulfills the specific minimum SIP requirements of 40 CFR 51.165. The EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. jspears on DSK121TN23PROD with PROPOSALS1 IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); 20 Final Rule, Approval and Promulgation of State Implementation Plan Revisions; Colorado; Attainment Demonstration for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, and Approval of Related Revisions, 83 FR 31068 (July 3, 2018). VerDate Sep<11>2014 17:38 Nov 01, 2021 Jkt 256001 • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: October 25, 2021. Debra H. Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2021–23876 Filed 11–1–21; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 2 and 101 [WT Docket No. 20–133; DA 21–1263; FR ID 55689] Wireless Telecommunication Bureau Seeks To Supplement the Record on 70/80/90 GHz Bands Notice of Proposed Rulemaking Federal Communications Commission. ACTION: Proposed rule; request for comments. AGENCY: In this document, the Commission seeks comment to SUMMARY: PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 supplement the record in the rulemaking on a Notice of Proposed Rulemaking to address the potential for use of the 71–76 GHz, 81–86 GHz, 92– 94 GHz, and the 94.1–95 GHz (70/80/90 GHz) bands to provide broadband internet access to consumers and communities that may otherwise lack robust, consistent connectivity. In particular, the Commission seeks comment on whether High Altitude Platform Stations (HAPS) or other stratospheric-based platform services could be deployed for this purpose in the 70/80/90 GHz bands. The Commission also seeks additional information regarding the potential use of these bands to provide broadband internet access to customers on airplanes and aboard ships, as proposed by Aeronet Global Communications, Inc. Submit comments on or before December 2, 2021. Submit reply comments on or before January 3, 2022. ADDRESSES: You may submit comments, identified by WT Docket No. 20–133, by any of the following methods: • Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: www.fcc.gov/ecfs/. • Paper Filers: Parties that choose to file by paper must file an original and one copy of each filing. Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554. • Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020). https:// www.fcc.gov/document/fcc-closesheadquarters-open-window-andchanges-hand-delivery-policy. People with Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), DATES: E:\FR\FM\02NOP1.SGM 02NOP1 Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). FOR FURTHER INFORMATION CONTACT: Anthony Patrone, Broadband Division, Wireless Telecommunications Bureau, (202) 418–2428, Anthony.Patrone@ FCC.gov. For information regarding the PRA information collection requirements that may be contained in this proposed rule, contact Cathy Williams, Office of Managing Director, at (202) 418–2918 or Cathy.Williams@ fcc.gov. This is a summary of the Commission’s document (Public Notice), in WT Docket No. 20–133; DA 21–1263, released on October 8, 2021. The full text of this document is available on the Commission’s website at https:// docs.fcc.gov/public/attachments/DA-211263A1.pdf. This document seeks to supplement the record of the Commission’s Notice of Proposed Rulemaking (NPRM), Modernizing and Expanding Access, 85 FR 40168, July 6, 2020, to the 70/80/90 GHz Bands, WT Docket Nos. 20–133; 10–153, 15–244; FCC 20–76; RMs–11824, 11825, adopted June 9, 2020, and released June 10, 2020. The NPRM may also be downloaded https://docs.fcc.gov/public/ attachments/FCC-20-76A1.pdf. SUPPLEMENTARY INFORMATION: Synopsis I. Background 1. As described in greater detail in the 70/80/90 GHz NPRM (85 FR 40168, July 6, 2020), in the United States, the 70/80/ 90 GHz bands are allocated on a coprimary basis for Federal and nonFederal use, variously for terrestrial, satellite, radio astronomy and radiolocation uses.1 In 2003, the Commission established a two-step, non-exclusive licensing regime for nonFederal use of the 70/80/90 GHz bands. Users must first obtain a nationwide, non-exclusive license from the Commission, and then register individual links through a third-party database manager. Non-Federal licensees may use the 70/80/90 GHz 47 CFR 2.106. See also 70/80/90 GHz NPRM at 6040–41, para. 2. The adjacent 76–81 GHz band is allocated for, among other uses, Radiolocation and licensed by rule under subpart M of part 95 (The 76–81 GHz Band Radar Service), which ‘‘may operate as vehicular radars, or as fixed or mobile radars in airport air operations areas, including but not limited to [foreign object debris] detection radars and aircraft-mounted radars for ground use.’’ 47 CFR 95.3331. The adjacent 86–92 GHz band is allocated for Earth Exploration-Satellite (passive), Space Research (passive), and Radio Astronomy services. See, e.g., id., 70/80/90 GHz NPRM citing 47 CFR 2.106 nn.US246, US74. jspears on DSK121TN23PROD with PROPOSALS1 1 VerDate Sep<11>2014 17:38 Nov 01, 2021 Jkt 256001 bands for any point-to-point, nonbroadcast service. 2. In June 2020, the Commission adopted the 70/80/90 GHz NPRM, which sought comment on potential rule changes for non-Federal uses of the bands proposed by interested parties. Certain of these proposals, such as changes to antenna standards and link registration processes, were aimed at improving efficiency in traditional uses of the bands, such as wireless backhaul. Other inquiries contemplated use of the bands for new service offerings, such as Aeronet’s proposals that the Commission authorize point-to-point links to endpoints in motion to facilitate broadband service to ships and aircraft, provided that they do not cause interference to other authorized uses.2 The Commission also sought comment on whether the 70/80/90 GHz bands could accommodate other types of services, such as High Altitude Platform Stations (HAPS) or similar services.3 In the record received in response to the 70/80/90 GHz NPRM, several commenters expressed support for the provision of new services in these bands, including bringing broadband internet access capabilities to areas where such access may not be consistently available. Other parties have expressed concerns about the introduction of new services in the bands. II. Discussion 3. In this document, the Commission provides an opportunity for commenters to supplement the record regarding the provision of new services in the 70/80/ 90 GHz bands.4 In particular, the Commission is interested in the feasibility of permitting HAPS or other stratospheric-based platform services in these bands and the Commission seeks comment on coordinating with incumbents in the band. The Commission’s rules define a ‘‘High Altitude Platform Station’’ as ‘‘[a] station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the Earth.’’ 5 2 70/80/90 GHz NPRM at 6043–44, para. 7 (citing Aeronet Aviation Petition; Aeronet Maritime Petition). 3 70/80/90 GHz NPRM at 6059, para. 51. 4 The Commission notes that there are other issues raised by the 70/80/90 GHz NPRM and subsequent record, such as changes to antenna standards and the link registration process, that the Commission does not address here. These issues remain under consideration by the Commission. 5 47 CFR 2.1(c). See also RR 1.66A (‘‘high altitude platform station: A station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the Earth.’’). The Commission notes that the Elefante Group in 2018 PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 60437 4. The Commission seeks further input on whether it should consider authorizing HAPS or other stratospheric-based platform services in any portion of the 70/80/90 GHz bands.6 How would HAPS be used in these bands? What sort of services would be provided or supported by these systems? The Commission also seeks comments on whether HAPS or other stratospheric-based platform services are likely to be commercially viable.7 Alternatively, are stratospheric-based platform services likely to be developed to support non-commercial use, either for private, not-for-profit uses, or in support of local, state, or Federal governments? 5. The Commission also seeks comments on the potential for HAPS, or other stratospheric-based platform services, to cause harmful interference to incumbent or potential future services in these, or adjacent, bands including both terrestrial and satellite operations. Advocates for HAPS or similar services assert that they can coexist with incumbent users of the 70 GHz and 80 GHz bands and should be allowed to use these bands without an arbitrary ceiling, e.g., 50,000 feet, for nominally fixed or antennas in motion. If the Commission authorizes HAPS or other stratospheric-based platform services in these bands, are there any limitations or restrictions on the deployment of such services that the Commission should impose in order to sought Commission authorization to operate a stratospheric-based broadband service using platform stations operating just below the 20 km threshold set for HAPS. See Petition for Rulemaking of Elefante Group, Inc., RM–11809 (filed May 31, 2018). See also Elefante Group Inc.’s Petition for Rulemaking to Enable Timely Deployment of Fixed Stratospheric-Based Communications Services in the 21.5–23.6, 25.25–27.5, 71–76 and 81–86 GHz Bands, Report No. 3093, CG RM–11809 (2018). 6 Spectrum for HAPS in the frequency bands 47/ 48 GHz, 2 GHz, 27/31 GHz and 6 GHz was designated at three WRCs—WRC–97, WRC–2000 and WRC–12. After study for WRC–19, additional spectrum was identified: 31–31.3 GHz and 38–39.5 GHz globally, and in Region 2 (including U.S.), 21.4–22 GHz and 24.25–27.5 GHz. 7 The Commission notes that several advocates for HAPS are no longer pursuing their planned operations. See Paresh Dave, Alphabet Shutting Loon, Which Used Balloon Alternative to Cell Towers, Reuters (Jan. 21, 2021) https:// www.reuters.com/article/us-alphabet-loon/ alphabet-shutting-loon-which-used-balloonalternative-to-cell-towers-idUSKBN29R02U; Adam Satariano, Facebook Halts Aquila, Its internet Drone Project, New York Times (June 27, 2018) https:// www.nytimes.com/2018/06/27/technology/ facebook-drone-internet.html; Elefante Comments at 2 (‘‘Due to unforeseen developments, Elefante Group is unable to state with certainty its ability at this time to advance its mission consistent with the vision set out in the Elefante Group Petition. Nonetheless, Elefante Group submits that the Commission should strive to preserve maximum flexibility and opportunities in its regulatory framework for the 70/80 GHz Bands.’’). E:\FR\FM\02NOP1.SGM 02NOP1 jspears on DSK121TN23PROD with PROPOSALS1 60438 Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules guard against the potential for interference into incumbent operations, such as altitude restrictions, power limits, transmitter design considerations, directional constraints, additional emission limits, or other requirements, including new or revised coordination requirements? To aid other stakeholders in the bands, and the adjacent bands, to evaluate potential interference concerns and submit their own analyses, the Commission also seeks specific information about anticipated stratospheric-based platform system operating parameters including transmission direction, deployment densities, earth station elevation angles, station heights, antenna characteristics (e.g., antenna polarization, antenna pattern mask), station Equivalent Isotropically Radiated Power (EIRP), and operating bandwidths (including out-of-band performance). 6. In the 70/80/90 GHz NPRM, the Commission also sought comment on the international coordination implications of the services proposed. The Wireless Telecommunication Bureau now specifically seeks comment on any international implications related to HAPS or other stratosphericbased platform services in the 70/80/90 GHz bands. 7. If the Commission does authorize HAPS or other stratospheric-based services in some or all of the 70/80/90 GHz bands, what service rules should apply? Could these new services be registered and coordinated through the existing third-party database manager process? The Commission seeks comments on what changes to the registration and coordination process would be necessary to facilitate the deployment of HAPS or other stratospheric-based services. The current 70/80/90 GHz coordination process only considers fixed systems. If HAPS is authorized, should it be limited to nominally fixed stations? 8. Relatedly, the Commission also seeks to further develop the record on Aeronet’s proposal to permit the use of ‘‘Scheduled Dynamic Datalinks’’ (SDDLs). In the 70/80/90 GHz NPRM, the Commission sought comment on how links to endpoints-in-motion could affect existing services in the 70/80/90 GHz bands. Several commenters filed comments and technical analyses supporting Aeronet’s proposals, while several commenters express concern about potential interference to incumbents. In view of the concerns expressed, the Commission seeks further detailed technical studies demonstrating that deployment of SDDLs would not cause harmful interference to incumbents, co-primary VerDate Sep<11>2014 17:38 Nov 01, 2021 Jkt 256001 users, adjacent band uses or potential future uses of the band, including FS, FSS, HAPS or other stratospheric-based platform services, and the adjacent band EESS (passive) and radio astronomy operations. To aid other stakeholders in the bands, and the adjacent bands, to evaluate potential interference concerns and submit their own analyses, the Commission also seeks specific information about anticipated SDDL system operating parameters, including station heights, antenna characteristics (e.g., antenna polarization, antenna pattern mask), station EIRP, operating bandwidths (including out-of-band performance), and ground station gains. In this context, the Commission notes that on October 4, 2021, Aeronet filed a coexistence analysis of its proposed SDDL system and the Space X satellite system. The Commission seeks comments on this filing, including the extent to which it addresses the questions raised in this paragraph and related stakeholder concerns. Federal Communications Commission. Amy Brett, Acting Chief of Staff, Wireless Telecommunications Bureau. [FR Doc. 2021–23712 Filed 11–1–21; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [WC Docket No. 12–375, DA 21–1297; FRS 54866] Rates for Interstate Inmate Calling Services Federal Communications Commission. AGENCY: Proposed rule; extension of reply comment period. ACTION: In this document, the Federal Communications Commission is extending the time to file reply comments in response to the 2021 ICS Further Notice in this proceeding in order to afford interested parties sufficient time to prepare them. SUMMARY: Reply Comments in response to the 2021 ICS Further Notice are due December 17, 2021. DATES: You may submit comments, identified by WC Docket No. 12–375, by any of the following methods: • Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: https:// apps.fcc.gov/ecfs/. ADDRESSES: PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. • Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554. • Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20–304 (March 19, 2020). https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (TTY). FOR FURTHER INFORMATION CONTACT: Simon Solemani, Pricing Policy Division of the Wireline Competition Bureau, at (202) 418–2270 or via email at simon.solemani@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the FCC’s Order, DA 21– 1297, released October 15, 2021. The full text of this Order is available at: https://docs.fcc.gov/public/ attachments/DA-21-1297A1.pdf. The full text of Global Tel*Link Corporation (GTL)’s motion is available at: https:// ecfsapi.fcc.gov/file/1007291601627/ GTL%20Extension%20Request%20(106-21).pdf. 1. By this Order, the Wireline Competition Bureau (Bureau) of the Federal Communications Commission grants in part and denies in part a motion filed by Global Tel*Link Corporation (GTL) seeking extensions of time for (1) filing Paperwork Reduction Act (PRA) comments on new information collection requirements adopted in the 2021 ICS Order currently due October 25, 2021, (2) reply E:\FR\FM\02NOP1.SGM 02NOP1

Agencies

[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Proposed Rules]
[Pages 60436-60438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23712]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2 and 101

[WT Docket No. 20-133; DA 21-1263; FR ID 55689]


Wireless Telecommunication Bureau Seeks To Supplement the Record 
on 70/80/90 GHz Bands Notice of Proposed Rulemaking

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; request for comments.

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

SUMMARY: In this document, the Commission seeks comment to supplement 
the record in the rulemaking on a Notice of Proposed Rulemaking to 
address the potential for use of the 71-76 GHz, 81-86 GHz, 92-94 GHz, 
and the 94.1-95 GHz (70/80/90 GHz) bands to provide broadband internet 
access to consumers and communities that may otherwise lack robust, 
consistent connectivity. In particular, the Commission seeks comment on 
whether High Altitude Platform Stations (HAPS) or other stratospheric-
based platform services could be deployed for this purpose in the 70/
80/90 GHz bands. The Commission also seeks additional information 
regarding the potential use of these bands to provide broadband 
internet access to customers on airplanes and aboard ships, as proposed 
by Aeronet Global Communications, Inc.

DATES: Submit comments on or before December 2, 2021. Submit reply 
comments on or before January 3, 2022.

ADDRESSES: You may submit comments, identified by WT Docket No. 20-133, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: www.fcc.gov/ecfs/.
     Paper Filers: Parties that choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format),

[[Page 60437]]

send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

FOR FURTHER INFORMATION CONTACT: Anthony Patrone, Broadband Division, 
Wireless Telecommunications Bureau, (202) 418-2428, 
[email protected]. For information regarding the PRA information 
collection requirements that may be contained in this proposed rule, 
contact Cathy Williams, Office of Managing Director, at (202) 418-2918 
or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document (Public Notice), in WT Docket No. 20-133; DA 21-1263, released 
on October 8, 2021. The full text of this document is available on the 
Commission's website at https://docs.fcc.gov/public/attachments/DA-21-1263A1.pdf. This document seeks to supplement the record of the 
Commission's Notice of Proposed Rulemaking (NPRM), Modernizing and 
Expanding Access, 85 FR 40168, July 6, 2020, to the 70/80/90 GHz Bands, 
WT Docket Nos. 20-133; 10-153, 15-244; FCC 20-76; RMs-11824, 11825, 
adopted June 9, 2020, and released June 10, 2020. The NPRM may also be 
downloaded https://docs.fcc.gov/public/attachments/FCC-20-76A1.pdf.

Synopsis

I. Background

    1. As described in greater detail in the 70/80/90 GHz NPRM (85 FR 
40168, July 6, 2020), in the United States, the 70/80/90 GHz bands are 
allocated on a co-primary basis for Federal and non-Federal use, 
variously for terrestrial, satellite, radio astronomy and radiolocation 
uses.\1\ In 2003, the Commission established a two-step, non-exclusive 
licensing regime for non-Federal use of the 70/80/90 GHz bands. Users 
must first obtain a nationwide, non-exclusive license from the 
Commission, and then register individual links through a third-party 
database manager. Non-Federal licensees may use the 70/80/90 GHz bands 
for any point-to-point, non-broadcast service.
---------------------------------------------------------------------------

    \1\ 47 CFR 2.106. See also 70/80/90 GHz NPRM at 6040-41, para. 
2. The adjacent 76-81 GHz band is allocated for, among other uses, 
Radiolocation and licensed by rule under subpart M of part 95 (The 
76-81 GHz Band Radar Service), which ``may operate as vehicular 
radars, or as fixed or mobile radars in airport air operations 
areas, including but not limited to [foreign object debris] 
detection radars and aircraft-mounted radars for ground use.'' 47 
CFR 95.3331. The adjacent 86-92 GHz band is allocated for Earth 
Exploration-Satellite (passive), Space Research (passive), and Radio 
Astronomy services. See, e.g., id., 70/80/90 GHz NPRM citing 47 CFR 
2.106 nn.US246, US74.
---------------------------------------------------------------------------

    2. In June 2020, the Commission adopted the 70/80/90 GHz NPRM, 
which sought comment on potential rule changes for non-Federal uses of 
the bands proposed by interested parties. Certain of these proposals, 
such as changes to antenna standards and link registration processes, 
were aimed at improving efficiency in traditional uses of the bands, 
such as wireless backhaul. Other inquiries contemplated use of the 
bands for new service offerings, such as Aeronet's proposals that the 
Commission authorize point-to-point links to endpoints in motion to 
facilitate broadband service to ships and aircraft, provided that they 
do not cause interference to other authorized uses.\2\ The Commission 
also sought comment on whether the 70/80/90 GHz bands could accommodate 
other types of services, such as High Altitude Platform Stations (HAPS) 
or similar services.\3\ In the record received in response to the 70/
80/90 GHz NPRM, several commenters expressed support for the provision 
of new services in these bands, including bringing broadband internet 
access capabilities to areas where such access may not be consistently 
available. Other parties have expressed concerns about the introduction 
of new services in the bands.
---------------------------------------------------------------------------

    \2\ 70/80/90 GHz NPRM at 6043-44, para. 7 (citing Aeronet 
Aviation Petition; Aeronet Maritime Petition).
    \3\ 70/80/90 GHz NPRM at 6059, para. 51.
---------------------------------------------------------------------------

II. Discussion

    3. In this document, the Commission provides an opportunity for 
commenters to supplement the record regarding the provision of new 
services in the 70/80/90 GHz bands.\4\ In particular, the Commission is 
interested in the feasibility of permitting HAPS or other 
stratospheric-based platform services in these bands and the Commission 
seeks comment on coordinating with incumbents in the band. The 
Commission's rules define a ``High Altitude Platform Station'' as ``[a] 
station located on an object at an altitude of 20 to 50 km and at a 
specified, nominal, fixed point relative to the Earth.'' \5\
---------------------------------------------------------------------------

    \4\ The Commission notes that there are other issues raised by 
the 70/80/90 GHz NPRM and subsequent record, such as changes to 
antenna standards and the link registration process, that the 
Commission does not address here. These issues remain under 
consideration by the Commission.
    \5\ 47 CFR 2.1(c). See also RR 1.66A (``high altitude platform 
station: A station located on an object at an altitude of 20 to 50 
km and at a specified, nominal, fixed point relative to the 
Earth.''). The Commission notes that the Elefante Group in 2018 
sought Commission authorization to operate a stratospheric-based 
broadband service using platform stations operating just below the 
20 km threshold set for HAPS. See Petition for Rulemaking of 
Elefante Group, Inc., RM-11809 (filed May 31, 2018). See also 
Elefante Group Inc.'s Petition for Rulemaking to Enable Timely 
Deployment of Fixed Stratospheric-Based Communications Services in 
the 21.5-23.6, 25.25-27.5, 71-76 and 81-86 GHz Bands, Report No. 
3093, CG RM-11809 (2018).
---------------------------------------------------------------------------

    4. The Commission seeks further input on whether it should consider 
authorizing HAPS or other stratospheric-based platform services in any 
portion of the 70/80/90 GHz bands.\6\ How would HAPS be used in these 
bands? What sort of services would be provided or supported by these 
systems? The Commission also seeks comments on whether HAPS or other 
stratospheric-based platform services are likely to be commercially 
viable.\7\ Alternatively, are stratospheric-based platform services 
likely to be developed to support non-commercial use, either for 
private, not-for-profit uses, or in support of local, state, or Federal 
governments?
---------------------------------------------------------------------------

    \6\ Spectrum for HAPS in the frequency bands 47/48 GHz, 2 GHz, 
27/31 GHz and 6 GHz was designated at three WRCs--WRC-97, WRC-2000 
and WRC-12. After study for WRC-19, additional spectrum was 
identified: 31-31.3 GHz and 38-39.5 GHz globally, and in Region 2 
(including U.S.), 21.4-22 GHz and 24.25-27.5 GHz.
    \7\ The Commission notes that several advocates for HAPS are no 
longer pursuing their planned operations. See Paresh Dave, Alphabet 
Shutting Loon, Which Used Balloon Alternative to Cell Towers, 
Reuters (Jan. 21, 2021) https://www.reuters.com/article/us-alphabet-loon/alphabet-shutting-loon-which-used-balloon-alternative-to-cell-towers-idUSKBN29R02U; Adam Satariano, Facebook Halts Aquila, Its 
internet Drone Project, New York Times (June 27, 2018) https://www.nytimes.com/2018/06/27/technology/facebook-drone-internet.html; 
Elefante Comments at 2 (``Due to unforeseen developments, Elefante 
Group is unable to state with certainty its ability at this time to 
advance its mission consistent with the vision set out in the 
Elefante Group Petition. Nonetheless, Elefante Group submits that 
the Commission should strive to preserve maximum flexibility and 
opportunities in its regulatory framework for the 70/80 GHz 
Bands.'').
---------------------------------------------------------------------------

    5. The Commission also seeks comments on the potential for HAPS, or 
other stratospheric-based platform services, to cause harmful 
interference to incumbent or potential future services in these, or 
adjacent, bands including both terrestrial and satellite operations. 
Advocates for HAPS or similar services assert that they can coexist 
with incumbent users of the 70 GHz and 80 GHz bands and should be 
allowed to use these bands without an arbitrary ceiling, e.g., 50,000 
feet, for nominally fixed or antennas in motion. If the Commission 
authorizes HAPS or other stratospheric-based platform services in these 
bands, are there any limitations or restrictions on the deployment of 
such services that the Commission should impose in order to

[[Page 60438]]

guard against the potential for interference into incumbent operations, 
such as altitude restrictions, power limits, transmitter design 
considerations, directional constraints, additional emission limits, or 
other requirements, including new or revised coordination requirements? 
To aid other stakeholders in the bands, and the adjacent bands, to 
evaluate potential interference concerns and submit their own analyses, 
the Commission also seeks specific information about anticipated 
stratospheric-based platform system operating parameters including 
transmission direction, deployment densities, earth station elevation 
angles, station heights, antenna characteristics (e.g., antenna 
polarization, antenna pattern mask), station Equivalent Isotropically 
Radiated Power (EIRP), and operating bandwidths (including out-of-band 
performance).
    6. In the 70/80/90 GHz NPRM, the Commission also sought comment on 
the international coordination implications of the services proposed. 
The Wireless Telecommunication Bureau now specifically seeks comment on 
any international implications related to HAPS or other stratospheric-
based platform services in the 70/80/90 GHz bands.
    7. If the Commission does authorize HAPS or other stratospheric-
based services in some or all of the 70/80/90 GHz bands, what service 
rules should apply? Could these new services be registered and 
coordinated through the existing third-party database manager process? 
The Commission seeks comments on what changes to the registration and 
coordination process would be necessary to facilitate the deployment of 
HAPS or other stratospheric-based services. The current 70/80/90 GHz 
coordination process only considers fixed systems. If HAPS is 
authorized, should it be limited to nominally fixed stations?
    8. Relatedly, the Commission also seeks to further develop the 
record on Aeronet's proposal to permit the use of ``Scheduled Dynamic 
Datalinks'' (SDDLs). In the 70/80/90 GHz NPRM, the Commission sought 
comment on how links to endpoints-in-motion could affect existing 
services in the 70/80/90 GHz bands. Several commenters filed comments 
and technical analyses supporting Aeronet's proposals, while several 
commenters express concern about potential interference to incumbents. 
In view of the concerns expressed, the Commission seeks further 
detailed technical studies demonstrating that deployment of SDDLs would 
not cause harmful interference to incumbents, co-primary users, 
adjacent band uses or potential future uses of the band, including FS, 
FSS, HAPS or other stratospheric-based platform services, and the 
adjacent band EESS (passive) and radio astronomy operations. To aid 
other stakeholders in the bands, and the adjacent bands, to evaluate 
potential interference concerns and submit their own analyses, the 
Commission also seeks specific information about anticipated SDDL 
system operating parameters, including station heights, antenna 
characteristics (e.g., antenna polarization, antenna pattern mask), 
station EIRP, operating bandwidths (including out-of-band performance), 
and ground station gains. In this context, the Commission notes that on 
October 4, 2021, Aeronet filed a coexistence analysis of its proposed 
SDDL system and the Space X satellite system. The Commission seeks 
comments on this filing, including the extent to which it addresses the 
questions raised in this paragraph and related stakeholder concerns.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-23712 Filed 11-1-21; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.