Single Network Future: Supplemental Coverage From Space; Space Innovation, 34180-34188 [2024-06668]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Proposed Rules]
[Pages 34180-34188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06668]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 9, and 25

[GN Docket No. 23-65, IB Docket No. 22-271; FCC 24-28; FR ID 210325]


Single Network Future: Supplemental Coverage From Space; Space 
Innovation

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on ways in which it can improve 911 service 
for supplemental coverage from space (SCS) connections. Specifically, 
the Commission seeks comment on how it can propel the industry toward a 
truly ubiquitous automatic location-based routing of all 911 calls to 
accelerate connections between first responders and those who need 
help, regardless of their location. Next, in recognition of the 
importance of safeguarding radio astronomy, the Commission seeks 
further comment on ways to improve the coordination process between 
Federal and non-Federal stakeholders in the SCS context and on whether 
additional rule changes or policies are necessary to avoid harmful 
interference to radio astronomy and related services beyond the SCS 
licensing process the Commission adopts today.

DATES: Interested parties may file comments on or before May 30, 2024; 
and reply comments on or before July 1, 2024.

ADDRESSES: You may submit comments, identified by GN Docket No. 23-65 
and IB Docket No. 22-271, by any of the following methods:

[[Page 34181]]

     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     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 FNPRM, 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/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), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Jon Markman of the Mobility Division, Wireless 
Telecommunications Bureau, at [email protected] or (202) 418-
7090, or Merissa Velez of the Space Bureau Satellite Programs and 
Policy Division, at [email protected] or (202) 418-0751.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
further notice of proposed rulemaking (FNPRM) in GN Docket No. 23-65 
and IB Docket No. 22-271; FCC 24-28, adopted and released on March 14, 
2024. The full text of this document is available for public inspection 
online at https://docs.fcc.gov/public/attachments/FCC-24-28A1.pdf.

Synopsis

    1. Improving Public Safety Communications Over SCS. In the further 
notice of proposed rulemaking (FNPRM), the Commission seeks comment on 
how and whether it should modify requirements for routing SCS 911 voice 
calls and 911 text messages, including whether we should require the 
use of location-based routing to route 911 SCS voice calls directly to 
an appropriate Public Safety Answering Point (PSAP), if technically 
feasible. In light of the Commission's existing requirement that 
Commercial Mobile Radio Service (CMRS) providers deploy and use 
location-based routing for wireless 911 voice calls and real-time text 
(RTT) communications to 911 when available location information meets 
certain requirements for accuracy and timeliness, it also seeks comment 
on how such a requirement would impact the availability of location-
based routing for terrestrial wireless providers that use SCS to extend 
their coverage areas.
    2. In the Report and Order, published elsewhere in this issue of 
the Federal Register, the Commission establishes on an interim basis 
that terrestrial providers must route all SCS 911 voice calls to a PSAP 
using either location-based routing or an emergency call center. In 
light of the ongoing deployment and continued innovation of SCS, the 
Commission seeks any new and updated information regarding 
technological or other developments in routing SCS 911 voice calls 
since the last round of filings. The Commission also asks whether there 
are any improvements to the 911 rules that apply to such terrestrial 
providers when using SCS to extend their coverage. Further, in 
recognizing that the technology likely used to identify the precise 
location of the device may be different when a terrestrial provider 
uses SCS to extend its coverage, as opposed to when it is using only 
terrestrial networks, it seeks comment on any such technological 
differences.
    3. Furthermore, it seeks comment on whether there are other 
threshold requirements that the Commission should consider when 
requiring location-based routing, beyond accuracy and timeliness of 
available location information. Specifically, it seeks comment on the 
availability, reliability, and accuracy of the location information 
that terrestrial providers currently have access to when using 
location-based routing for SCS 911 voice calls. In addition, it seeks 
comment on how the Commission should address any potential 
inconsistencies between the 911 call routing requirements of 
terrestrial providers and satellite operators as SCS evolves.
    4. Next, in the context of how SCS can function as an extension of 
a terrestrial network, the Commission noted that a satellite can be 
considered as a bi-directional ``bent pipe,'' receiving and forwarding 
signaling and user payload to and from a user's device to a terrestrial 
network (e.g., 5G base station (gNB), 5G core network (5GC), and other 
terrestrial network elements). A satellite can also play a more active 
role in the network, connecting directly to the 5GC on the ground. In 
other words, the gNB and 5GC can belong to and be operated by either 
the terrestrial provider or the satellite operator. Regardless of 
deployment model, the SCS satellite should be able to send and receive 
the 5G signaling information needed for placing an emergency call 
between the user equipment (UE) and 5G network along with the caller 
location information needed for call routing and dispatch. Given that 
911 calls and texts would typically be placed outdoors with the user 
device having view of the Global Positioning System (GPS) satellites in 
the sky, and given that user devices typically have GPS receivers, user 
devices should be able to determine their location, and for Assisted 
GPS (A-GPS), SCS should be able to provide the needed assistance 
information. The Commission seeks comment on this tentative analysis 
and asked whether there are any existing or new standards that should 
apply.
    5. The Commission in the FNPRM also seeks comment on establishing 
rules around interconnectivity between terrestrial providers and 
satellite operators in the context of SCS 911 connections. 
Specifically, it seeks comment on the standards currently in place 
related to this topic, and whether any future standards work is 
anticipated, or required, to enable disparate networks and systems to 
interconnect for the purpose of enabling SCS 911 connectivity. It also 
seeks information on satellite data capacities, satellite link budget, 
and optimization schemes for the initial SCS deployments and the impact 
on device-to-satellite connectivity as they relate to SCS 911 
connectivity and functionality, including time for obtaining a location 
fix for automatic location-based routing of 911 calls. Regarding 
privacy and security, the Commission asks whether there should be an 
explicit requirement for satellite operators to protect customer 
proprietary network information of terrestrial provider subscribers 
when customers make 911 calls and texts, and disclose security 
breaches.
    6. Given that typically a 911 caller would abandon the 911 call if 
it is not connected within a certain time period, the Commission asks 
how long should

[[Page 34182]]

the network selection take before a 911 call is eventually attempted 
via SCS. Also, given the possibility that a 911 caller may be mobile 
and moving in and out of terrestrial network and SCS coverage, the 
Commission seeks comment on how the handoff between these networks 
should be handled to guarantee seamless call continuity and successful 
callback. In addition, the Commission understands that SCS is to be 
supplemental to terrestrial networks, including traditional terrestrial 
call paths, such as roaming, and additional technologies, such as Wi-
Fi. However, in order to ensure that 911 calls utilize the best 
available path for delivery of both the message and location 
information, it seeks comment on how terrestrial providers intend to 
select the order in which networks are selected.
    7. Since the delivery of SCS 911 voice calls includes the 
possibility of using third party emergency call centers, to promote 
awareness and transparency, the Commission asks whether we should 
mandate that terrestrial providers conduct outreach to PSAPs, and, if 
so, what would such a mandate look like. In addition, it seeks comment 
on what the planned outreach to the PSAP community entails. For 911 
calls that are delivered directly to PSAPs, rather than via an 
emergency call center, it seeks comment on how terrestrial providers 
envision delivering those calls with regard to current classes of 
service. Specifically, it asks how location will be represented to the 
PSAP, e.g., geodetic information, will there be confidence and 
uncertainty factors for that location, and are terrestrial providers 
considering a new class of service for SCS, and, if so, are terrestrial 
providers working with the public safety community presently.
    8. Radio Astronomy Considerations. In the Report and Order, the 
Commission examined the record regarding whether existing rules 
addressing the protection of radio astronomy and space science services 
would be sufficient in the SCS context. Rather than adopt new SCS rules 
with respect to the protection of radio astronomy and space sciences, 
the Commission determined that it is in the public interest to address 
these concerns based on the facts of specific proposals. The Commission 
encourages SCS applicants to work with appropriate Federal agencies in 
advance, including conducting analyses of potential impacts to radio 
astronomy systems, and we direct applicants to contact the National 
Science Foundation (NSF) for more information to facilitate this 
coordination. The Commission expects that such advance engagement will 
facilitate the Commission's review of SCS applications.
    9. While the Commission finds in the Report and Order that--at this 
stage--new rules to ensure protection of radio astronomy and space 
sciences are not required, the Commission recognizes the importance of 
ensuring effective and efficient coordination among Federal and non-
Federal stakeholders related to SCS applications. In this FNPRM, the 
Commission seeks comment on whether there are additional ways to 
encourage and improve coordination among Federal and non-Federal 
stakeholders with respect to the coexistence of radio astronomy and SCS 
and whether we should make any changes to our rules to facilitate this 
coordination.
    10. Of particular importance on this question, on February 16, 
2024, National Telecommunications and Information Administration (NTIA) 
filed a white paper prepared by NSF in this proceeding in which NSF 
describes the potential impacts from SCS on current and planned radio 
astronomy and other space science operations, particularly from 
satellite downlinks--SCS transmissions in the space-to-Earth 
direction--and suggests potential mitigations. In the white paper, NSF 
states that, in addition to the National Radio Quite Zone (NRQZ), 
additional sites have been chosen for radio astronomy facilities, and 
that such ``facilities primarily employ remote locations, rather than 
allocated spectrum, to enable access to the relevant spectrum . . . .'' 
The white paper describes several locations of existing and planned 
radio astronomy observatories which NSF identifies as having potential 
to be impacted by SCS operations in bands identified for consideration 
for SCS in the Notice and describes technical details about the 
receivers at each facility. The white paper also identifies concerns 
related to impacts from SCS operations on radio astronomy, and 
potential recommendations to address those concerns.
    11. While the Commission anticipates that the part 25 licensing 
process will provide an opportunity for the Commission to address 
concerns related to protecting radio astronomy in the context of 
specific SCS applications, it also plans to continue to evaluate our 
procedures as SCS--and the technology enabling it--evolves. To that 
end, the Commission seeks comment on whether the unique nature of SCS 
may warrant additional consideration, including rule changes, related 
to the protection of radio astronomy. The Commission asks that 
commenters provide as much specificity as possible. For example, should 
we consider rule changes to part 1, part 25, or another rule part that 
would require coordination of SCS applications? Section 1.924 of the 
Commission's rules--along with the NTIA Manual of Regulations and 
Procedures for Federal Radio Frequency Management--set forth procedures 
regarding coordination of certain applications within identified Quite 
Zones, including the NRQZ, the Arecibo Observatory, and other sites. 
The Commission asks commenters whether it would be appropriate to 
consider changes to Sec.  1.924, to require a coordination process with 
regard to SCS applications. The Commission seeks comment only on 
whether to consider changes to Sec.  1.924 related to SCS applications, 
and note that rule changes regarding other radio services are not a 
part of the SCS implementations which are the focus of this proceeding. 
If the Commission were to consider rule changes specific to SCS, should 
coordination requirements apply only to SCS transmissions into the 
NRQZ, or also to SCS transmissions into other locations with sensitive 
scientific facilities and, if we should include other facilities, which 
should be included? For example, we note that in its white paper, NSF 
identified several locations of existing and planned radio astronomy 
observatories and the details of the receiver bands at each facility. 
Should any changes to our rules be band-specific or should they apply 
to all SCS operations? In lieu of or in addition to adopting new rules, 
are there other incentives the Commission could implement to encourage 
coordination and coexistence of radio astronomy operations and SCS?
    12. The Commission notes that, while we are not adopting 
requirements for SCS applicants to coordinate with potentially-affected 
Federal users at this time, some stakeholders have already engaged in 
coordination efforts related to SCS applications and radio astronomy. 
For example, in a filing opposing SpaceX's application to modify its 
authorization for its Gen2 NGSO satellite system to add SCS, the 
National Radio Astronomy Observatory (NRAO) nonetheless notes ``with 
appreciation SpaceX's continuing cooperation in coordination and field-
testing their Ku-band [fixed-satellite service] operations.'' SpaceX 
also points out that it has been working closely with NRAO to 
coordinate and ``looks forward to continuing its precedent-setting 
coordination discussions with NRAO that are finding ways to allow 
consumers to benefit from this new service, while coexisting with radio

[[Page 34183]]

astronomy.'' To this end, the Commission notes that in its transmittal 
accompanying the NSF white paper, NTIA states that the white paper 
``highlights the value of early coordination efforts between potential 
applicants for such [SCS] authority and affected Federal spectrum 
users, ideally prior to applicants finalizing their system designs.'' 
The Commission seeks comment on whether such early coordination efforts 
by stakeholders are and can be successful to enable the coexistence of 
SCS and radio astronomy, and if so, under what circumstances. How can 
such early coordination efforts facilitate review and consideration of 
part 25 SCS license applications by Federal agencies? Would submission 
of other technical information by SCS applicants regarding the 
protection of radio astronomy operations--in addition to Monte Carlo 
analyses--be helpful in these coordination efforts?

Procedural Matters

Paperwork Reduction Act

    13. The FNPRM may contain new or modified information collection(s) 
subject to the Paperwork Reduction Act of 1995. If the Commission 
adopts any new or modified information collection requirements, they 
will be submitted to the Office of Management and Budget (OMB) for 
review under section 3507(d) of the PRA. OMB, the general public, and 
other Federal agencies are invited to comment on the new or modified 
information collection requirements contained in this proceeding. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
the Commission seeks specific comment on how we might ``further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees.''

Regulatory Flexibility Act

    14. 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 an Initial Regulatory Flexibility Analysis (IRFA) concerning 
potential rule and policy changes contained in the FNPRM. The IRFA is 
contained in appendix D of the FNPRM.

Initial Regulatory Flexibility Analysis

    15. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on a substantial 
number of small entities by the policies and rules proposed in the 
FNPRM. The Commission requests written public comments on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines provided on the first page of the FNPRM. The 
Commission will send a copy of the FNPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
In addition, the FNPRM and IRFA (or summaries thereof) will be 
published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    16. Building on the interim 911 call and text routing requirements 
established in the Report and Order, the FNPRM will help the Commission 
move toward its objective of enabling automatic location-based routing 
of all emergency communications regardless of whether or not there is a 
terrestrial connection available. As discussed in the Report and Order, 
the Commission takes a major step towards facilitating ubiquitous 
connectivity, by adopting rules that enable partnerships between 
terrestrial network operators and satellite operators, who will then 
utilize terrestrial spectrum to fill coverage gaps, thereby enabling 
communications with existing and future wireless devices without the 
need for hardware changes. This regulatory framework serves as a first 
step, focusing on particular supplemental coverage from space (SCS) 
implementations which present less complex legal and technical 
challenges in order to foster the rapid deployment and development of 
these exciting networks. Given the primary importance of emergency 
communications over SCS networks in the short term, the Commission 
seeks to further develop the record in the FNPRM on improving 911 
service for SCS connections. The Commission seeks comment on a number 
of ways in which it can propel industry stakeholders towards achieving 
truly ubiquitous automatic location-based routing of all 911 calls to 
accelerate connection between first responders and those who need help, 
regardless of their location.
    17. Further, the Commission seeks input from interested parties as 
to how and whether it should modify requirements for routing SCS 911 
voice calls and 911 text messages, including whether it should require 
the use of location-based routing to route 911 SCS voice calls directly 
to an appropriate Public Safety Answering Point (PSAP), if technically 
feasible. The Commission also seeks to expand upon a number of 
technical issues relating to extending E911 rules to SCS that it sought 
comment on in the initial NPRM, 88 FR 21944 (April 12, 2023), from this 
proceeding. Additionally, in light of the Commission's existing 
requirement that Commercial Mobile Radio Service (CMRS) providers 
deploy and use location-based routing for wireless 911 voice calls and 
real-time text communications to 911 when available location 
information meets certain requirements for accuracy and timeliness, the 
Commission also seeks updated responses to the questions raised in the 
initial NPRM due to new requirements for CMRS providers to deploy and 
use location-based routing in certain situations.
    18. Through its adopted rules in the Report and Order, the 
Commission establishes on an interim basis that terrestrial providers 
must route all SCS 911 calls to a PSAP using either location-based 
routing or an emergency call center. This approach will balance the 
need for SCS 911 voice calls and text messages to be routed to the 
appropriate PSAP with the need for terrestrial providers to have 
flexibility in their implementation of SCS. Because of the ongoing 
deployment and continued innovation of SCS, the FNPRM requests any new 
and updated information regarding technological or other developments 
in routing SCS 911 voice calls since the last rounds of filing. In 
addition, the Commission seeks comment on improvements to the 911 rules 
that apply to such terrestrial providers when using SCS to extend their 
coverage.
    19. In the FNPRM, the Commission also addresses direct-to-satellite 
connectivity, and acknowledges that a satellite can play a more active 
role in the network, by connecting directly to the 5G core network. 
Because 911 calls and texts would typically be placed outdoors with the 
user device having view of the Global Positioning System (GPS) 
satellites in the sky and because user devices typically have GPS 
receivers, user devices should be able to determine their location, and 
for Assisted GPS, SCS should be able to provide the needed assistance 
information. In the FNPRM, the Commission seeks comment on this 
tentative analysis. The Commission also seeks comment on establishing 
rules regarding interconnectivity between terrestrial providers and 
satellite operators as well as information on satellite data 
capacities, and satellite link budget, and optimization schemes

[[Page 34184]]

for the initial SCS deployments and their impact on device-to-satellite 
connectivity, including time for obtaining a location fix for automatic 
location-based routing of 911 calls. The Commission also seeks comment 
on questions related to network selection and roaming in the FNPRM, 
focusing on a situation where a 911 caller would discontinue the 911 
call if it is not connected within a certain time period. Finally, in 
the initial NPRM, the Commission asked whether terrestrial partners 
engaged in or planned any outreach or coordination with public safety 
entities in advance of implementation. Because the delivery of SCS 911 
voice calls includes the possibility of using third party emergency 
call centers, to promote awareness and transparency, the Commission 
requests comment via the FNPRM regarding issues concerning PSAP 
outreach.
    20. Finally, in recognition of the concerns raised by the National 
Telecommunications and Information Association (NTIA) and the National 
Science Foundation (NSF) related to potential impacts from SCS on radio 
astronomy the Commission seeks further comment on the coordination 
process between Federal and non-Federal stakeholders in the SCS context 
and on whether additional rule changes or policies are necessary to 
avoid harmful interference to radio astronomy beyond the part 25 SCS 
licensing process adopted in the Report and Order.

B. Legal Basis

    21. The proposed action is authorized pursuant to sections 1, 4(i), 
157, 301, 303, 307, 308, 309, and 310 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 301, 303, 307, 308, 309, and 
310.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    22. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of, the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one that: (1) is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    23. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three broad groups of small entities that could be directly 
affected herein. First, while there are industry specific size 
standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the Small Business 
Administration's (SBA) Office of Advocacy, in general a small business 
is an independent business having fewer than 500 employees. These types 
of small businesses represent 99.9% of all businesses in the United 
States, which translates to 33.2 million businesses.
    24. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2020, there were 
approximately 447,689 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    25. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate that there 
were 90,075 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 general purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment populations of less than 50,000. Accordingly, 
based on the 2017 U.S. Census of Governments data, we estimate that at 
least 48,971 entities fall into the category of ``small governmental 
jurisdictions.''
    26. Satellite Telecommunications. This industry comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The SBA small business size standard for this 
industry classifies a business with $38.5 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 65 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 42 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, a little more than half of these 
providers can be considered small entities.
    27. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 594 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 511 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    28. 600 MHz Band. These wireless communications services are 
radiocommunication services licensed in the 617-652 MHz and 663-698 MHz 
frequency bands that can be used for fixed and mobile flexible uses. 
600 MHz Band services fall within the scope of the Wireless 
Telecommunications Carriers (except Satellite) industry where the SBA 
small business size

[[Page 34185]]

standard classifies a business as small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated in this industry for the entire year. Of this 
number, 2,837 firms employed fewer than 250 employees. Thus under the 
SBA size standard, the Commission estimates that a majority of 
licensees in this industry can be considered small.
    29. Based on Commission data as of November 2021, there were 
approximately 3,327 active licenses in the 600 MHz Band service. The 
Commission's small business size standards with respect to 600 MHz Band 
services involve eligibility for bidding credits and installment 
payments in the auction of licenses for these services. For purposes of 
bidding credits, the Commission defined ``small business'' as an entity 
with average gross revenues not exceeding $55 million for each of the 
three preceding years, and a ``very small business'' as an entity with 
average gross revenues not exceeding $20 million for each of the three 
preceding years for the 600 MHz band auction. Pursuant to these 
definitions, 15 bidders claiming small business status won 290 
licenses.
    30. In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    31. Lower 700 MHz Band Licenses. The lower 700 MHz band encompasses 
spectrum in the 698-746 MHz frequency bands. Permissible operations in 
these bands include flexible fixed, mobile, and broadcast uses, 
including mobile and other digital new broadcast operation; fixed and 
mobile wireless commercial services (including FDD- and TDD-based 
services); as well as fixed and mobile wireless uses for private, 
internal radio needs, two-way interactive, cellular, and mobile 
television broadcasting services. Wireless Telecommunications Carriers 
(except Satellite) is the closest industry with a SBA small business 
size standard applicable to licenses providing services in these bands. 
The SBA small business size standard for this industry classifies a 
business as small if it has 1,500 or fewer employees. U.S. Census 
Bureau data for 2017 show that there were 2,893 firms that operated in 
this industry for the entire year. Of this number, 2,837 firms employed 
fewer than 250 employees. Thus under the SBA size standard, the 
Commission estimates that a majority of licensees in this industry can 
be considered small.
    32. According to Commission data as of December 2021, there were 
approximately 2,824 active Lower 700 MHz Band licenses. The 
Commission's small business size standards with respect to Lower 700 
MHz Band licensees involve eligibility for bidding credits and 
installment payments in the auction of licenses. For auctions of Lower 
700 MHz Band licenses the Commission adopted criteria for three groups 
of small businesses. A very small business was defined as an entity 
that, together with its affiliates and controlling interests, has 
average annual gross revenues not exceeding $15 million for the 
preceding three years, a small business was defined as an entity that, 
together with its affiliates and controlling interests, has average 
gross revenues not exceeding $40 million for the preceding three years, 
and an entrepreneur was defined as an entity that, together with its 
affiliates and controlling interests, has average gross revenues not 
exceeding $3 million for the preceding three years. In auctions for 
Lower 700 MHz Band licenses seventy-two winning bidders claiming a 
small business classification won 329 licenses, twenty-six winning 
bidders claiming a small business classification won 214 licenses, and 
three winning bidders claiming a small business classification won all 
five auctioned licenses.
    33. In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    34. Upper 700 MHz Band Licenses. The upper 700 MHz band encompasses 
spectrum in the 746-806 MHz bands. Upper 700 MHz D Block licenses are 
nationwide licenses associated with the 758-763 MHz and 788-793 MHz 
bands. Permissible operations in these bands include flexible fixed, 
mobile, and broadcast uses, including mobile and other digital new 
broadcast operation; fixed and mobile wireless commercial services 
(including FDD- and TDD-based services); as well as fixed and mobile 
wireless uses for private, internal radio needs, two-way interactive, 
cellular, and mobile television broadcasting services. Wireless 
Telecommunications Carriers (except Satellite) is the closest industry 
with a SBA small business size standard applicable to licenses 
providing services in these bands. The SBA small business size standard 
for this industry classifies a business as small if it has 1,500 or 
fewer employees. U.S. Census Bureau data for 2017 show that there were 
2,893 firms that operated in this industry for the entire year. Of that 
number, 2,837 firms employed fewer than 250 employees. Thus, under the 
SBA size standard, the Commission estimates that a majority of 
licensees in this industry can be considered small.
    35. According to Commission data as of December 2021, there were 
approximately 152 active Upper 700 MHz Band licenses. The Commission's 
small business size standards with respect to Upper 700 MHz Band 
licensees involve eligibility for bidding credits and installment 
payments in the auction of licenses. For the auction of these licenses, 
the Commission defined a ``small business'' as an entity that, together 
with its affiliates and controlling principals, has average gross 
revenues not exceeding $40 million for the preceding three years, and a 
``very small business'' an entity that, together with its affiliates 
and controlling principals, has average gross revenues that are not 
more than $15 million for the preceding three years. Pursuant to these 
definitions, three winning bidders claiming very small business status 
won five of the twelve available licenses.
    36. In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission

[[Page 34186]]

does not collect data on the number of employees for licensees 
providing these services, at this time we are not able to estimate the 
number of licensees with active licenses that would qualify as small 
under the SBA's small business size standard.
    37. Cellular Radiotelephone Service. This service is radio service 
in which licensees are authorized to offer and provide cellular service 
for hire to the general public and was formerly titled Domestic Public 
Cellular Radio Telecommunications Service. Cellular Radiotelephone 
Service falls within the scope the Wireless Telecommunications Carriers 
(except Satellite) industry, where the SBA small business size standard 
classifies a business as small if it has 1,500 or fewer employees. U.S. 
Census Bureau data for 2017 show that there were 2,893 firms that 
operated in this industry for the entire year. Of this number, 2,837 
firms employed fewer than 250 employees. Thus under the SBA size 
standard, the Commission estimates that a majority of licensees in this 
industry can be considered small.
    38. Based on Commission data, as of November 2021, there were 
approximately 1,908 active licenses in this service. The Commission's 
small business size standards with respect to Cellular Radiotelephone 
Services involve eligibility for bidding credits and installment 
payments in the auction of licenses for these services. For purposes of 
bidding credits, the Commission has defined ``small business'' as an 
entity that either (1) together with its affiliates and controlling 
interests has average gross revenues of not more than $3 million for 
each of the three preceding years, or (2) together with its affiliates 
and controlling interests has average gross revenues of not more $15 
million for each of the three preceding years.
    39. In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    40. Advanced Wireless Services (AWS)--(1710-1755 MHz and 2110-2155 
MHz bands (AWS-1); 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 
2175-2180 MHz bands (AWS-2); 2155-2175 MHz band (AWS-3); 2000-2020 MHz 
and 2180-2200 MHz (AWS-4)). Spectrum is made available and licensed in 
these bands for the provision of various wireless communications 
services. Wireless Telecommunications Carriers (except Satellite) is 
the closest industry with a SBA small business size standard applicable 
to these services. The SBA small business size standard for this 
industry classifies a business as small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated in this industry for the entire year. Of this 
number, 2,837 firms employed fewer than 250 employees. Thus, under the 
SBA size standard, the Commission estimates that a majority of 
licensees in this industry can be considered small.
    41. According to Commission data as of December 2021, there were 
approximately 4,472 active AWS licenses. The Commission's small 
business size standards with respect to AWS involve eligibility for 
bidding credits and installment payments in the auction of licenses for 
these services. For the auction of AWS licenses, the Commission defined 
a ``small business'' as an entity with average annual gross revenues 
for the preceding three years not exceeding $40 million, and a ``very 
small business'' as an entity with average annual gross revenues for 
the preceding three years not exceeding $15 million. Pursuant to these 
definitions, 57 winning bidders claiming status as small or very small 
businesses won 215 of 1,087 licenses. In the most recent auction of AWS 
licenses 15 of 37 bidders qualifying for status as small or very small 
businesses won licenses.
    42. In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    43. All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. Providers of 
internet services (e.g., dial-up ISPs) or voice over internet protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $35 million 
or less as small. U.S. Census Bureau data for 2017 show that there were 
1,079 firms in this industry that operated for the entire year. Of 
those firms, 1,039 had revenue of less than $25 million. Based on this 
data, the Commission estimates that the majority of ``All Other 
Telecommunications'' firms can be considered small.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    44. The FNPRM may impose new or additional reporting or 
recordkeeping and/or other compliance obligations on small entities if 
rules discussed therein are adopted. For example, small and other 
entities are likely to be subject to the requirement of routing SCS 911 
voice calls and 911 text messages, including the use of location-based 
routing to route 911 SCS voice calls directly to an appropriate PSAP, 
if technically feasible. Additionally, those entities are also likely 
to be subject to compliance rules concerning the proposed requirement 
that all devices utilizing SCS should be able to determine their 
location. For Assisted GPS (A-GPS), SCS should be able to provide the 
needed assistance information for 911 calls and texts, if adopted. In 
addition, small and other entities could be subject to coordination 
requirements or required to submit additional technical information 
related to the protection of radio astronomy.
    45. The Commission also seeks comment on questions regarding 
improvements in location-based routing, device-to-satellite 
connectivity, interconnectivity between terrestrial providers and 
satellite operators, network selection and roaming, and PSAP outreach. 
Because of the ongoing deployment and continued innovation

[[Page 34187]]

of SCS, the Commission seeks any new and updated information regarding 
technological or other developments in routing SCS 911 voice calls 
since the last rounds of filing. Entities should report any additional 
information regarding routing SCS 911 voice calls since their last 
filings.
    46. The Commission also seeks comment on whether there are 
additional ways to encourage and improve coordination among Federal and 
non-Federal stakeholders with respect to the coexistence of radio 
astronomy and SCS and whether the Commission should make any changes to 
its rules to facilitate this coordination. If such rules are adopted, 
operators could be required to provide reports regarding coordination 
efforts or additional technical information in addition to the existing 
underlying reporting, recordkeeping, and compliance requirements 
adopted in the Report and Order.
    47. At this time, the record does not include a detailed cost/
benefit analysis that would allow us to quantify the costs of 
compliance for small entities, including whether it will be necessary 
for small entities to hire professionals in order for them to comply 
with the rules proposed in the FNPRM, should they be adopted. The 
Commission invites comment on the costs and burdens of the proposals in 
the FNPRM and expects the information received in comments including, 
where requested, cost and benefit analyses, to help the Commission 
identify and evaluate relevant compliance matters for small entities, 
including compliance costs and other burdens that may result if the 
proposals and associated requirements discussed in the FNPRM are 
adopted.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    48. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    49. In the initial NPRM, the Commission took steps to minimize 
significant economic impact to small and other entities by obtaining 
information from interested parties on a number of technical issues 
relating to extending E911 rules to SCS, and it expands upon those 
actions in the FNPRM. In the FNPRM, the Commission considered how best 
to improve our 911 rules that apply to terrestrial providers when using 
SCS to extend their coverage. The Commission also considered whether it 
should require terrestrial providers to use location-based routing for 
SCS 911 voice calls when information about the location of the device 
is available to the CMRS provider's network at the time of routing. 
Alternatively, the Commission considered whether it should require 
terrestrial providers to use location-based routing for SCS 911 voice 
calls only when location information meets certain thresholds for 
accuracy and timeliness. The information obtained from commenters could 
provide the Commission with opportunities to ultimately adopt 
threshold-related rules that serve to lessen the burden on small 
providers.
    50. The Commission also considered whether threshold requirements 
should be changed when requiring location-based routing, beyond 
accuracy and timeliness of available location information and, if 
changes are needed, what form they should take. Given the nature of SCS 
to extend coverage, cell tower information is unlikely to be available 
as a fallback when location-based routing does not meet whatever 
threshold requirements should be in place for using location-based 
routing. Therefore, the Commission requests comment on several 
questions involving what threshold requirements should be considered 
for SCS 911. In considering changes to the threshold requirements, we 
will consider the potential economic impact to small entities.
    51. Additionally, in the FNPRM, the Commission seeks comment on 
ways to establish rules around interconnectivity between terrestrial 
providers and satellite operators within the context of SCS 911 
connections. The rules that are ultimately adopted could lessen the 
compliance requirements for small and other entities. The FNPRM 
requests information involving both the current standards and 
anticipated future standards. These standards will be important to 
consider for informing discussions of future advances to SCS 911 
connections and requires consideration of alternatives that take into 
account the potential impact of the adopted rules on small entities. 
Lastly, the Commission asked how long the network selection should take 
before a 911 call is eventually attempted via SCS. The Commission 
acknowledges that SCS is to be supplemental to terrestrial networks, 
including traditional terrestrial call paths, such as roaming, and 
additional technologies, such as Wi-Fi. The Commission seeks comment on 
ways to minimize the economic burden on small providers.
    52. Furthermore, the Commission seeks comment on what, if any, 
coordination requirements should be adopted. In the alternative, to 
possibly lessen the compliance burdens on entities, the Commission asks 
if there are other incentives the Commission could implement to 
encourage coordination and coexistence of radio astronomy operations 
and SCS. Likewise, the Commission asks about the effectiveness of early 
coordination efforts when considering whether to adopt additional 
requirements and whether the submission of additional technical 
information would be helpful in these coordination efforts. While the 
Commission does not explicitly propose that additional coordination 
requirements be adopted, the Commission inquires as to whether 
additional requirements would be necessary given existing coordination 
efforts and the unique nature of SCS as the information obtained from 
commenters could provide the Commission with opportunities to 
ultimately adopt threshold-related rules that serve to lessen the 
burden on small providers.
    53. The Commission is hopeful that the comments it receives will 
specifically address matters impacting small entities and include data 
and analyses relating to these matters. Further, while the Commission 
believes the rules that are eventually adopted in this proceeding 
should benefit small entities, the Commission expects to more fully 
consider the economic impact and alternatives for small entities 
following the review of comments filed in response to the FNPRM. The 
Commission's evaluation of this information will shape the final 
alternatives it considers, the final conclusions it reaches, and any 
final actions it ultimately takes in this proceeding to minimize any 
significant economic impact that may occur on small entities.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    54. None.


[[Page 34188]]


Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-06668 Filed 4-29-24; 8:45 am]
BILLING CODE 6712-01-P