[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9605-9623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02907]
[[Page 9605]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 25 and 27
[WT Docket No. 07-293; IB Docket No. 95-91; FCC 12-130]
Operation of Wireless Communications Services in the 2.3 GHz
Band; Establishment of Rules and Policies for the Digital Audio Radio
Satellite Service in the 2310-2360 MHz Frequency Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission affirms, modifies, and
clarifies its actions in response to various petitions for
reconsideration and/or clarification. The revised rules are intended to
enable Wireless Communications Service (WCS) licensees to deploy
broadband services in the 2305-2320 MHz and 2345-2360 MHz (2.3 GHz) WCS
bands while continuing to protect Satellite Digital Audio Radio Service
(SDARS) operator Sirius XM Radio Inc. (Sirius XM) and aeronautical
mobile telemetry (AMT) operations in adjacent bands and the deep space
network (DSN) earth station in Goldstone, California from harmful
interference. In addition, the revised rules will facilitate the
flexible deployment and operation of SDARS terrestrial repeaters in the
2320-2345 MHz SDARS band, while protecting adjacent bands WCS licensees
from harmful interference.
DATES: Effective March 13, 2013, except for Sec. Sec. 25.263(b),
27.72(b), and 27.73(a), which contain information collection
requirements that are not effective until approved by the Office of
Management and Budget. The Commission will publish a document in the
Federal Register announcing the effective dates for those sections. The
Director of the Federal Register will approve the incorporation by
reference in Sec. 27.73(a) concurrently with the published office of
Management and Budget approval of this section.
FOR FURTHER INFORMATION CONTACT: WCS technical information: Moslem
Sawez, Moslem.Sawez@fcc.gov, Mobility Division, Wireless
Telecommunications Bureau, (202) 418-8211. WCS legal information: Linda
Chang, Linda.Chang@fcc.gov Mobility Division, Wireless
Telecommunications Bureau, (202) 418-1339. SDARS technical information:
Chip Fleming, Chip.Fleming@fcc.gov, Engineering Branch, Satellite
Division, International Bureau, (202) 418-1247. SDARS legal
information: Stephen Duall, Stephen.Duall@fcc.gov, Policy Branch,
Satellite Division, International Bureau, (202) 418-1103. For
additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, contact
Linda Chang at (202) 418-1339, or via the Internet at
Linda.Chang@fcc.gov and Stephen Duall at (202) 418-1103, or via the
Internet at Stephen.Duall@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration in WT Docket No. 07-293 and IB Docket No. 95-91, FCC
12-130, adopted and released October 17, 2012. The full text of this
document is available on the Commission's Internet site at www.fcc.gov.
It is also available for inspection and copying during regular business
hours in the FCC Reference Center (Room CY-A257), 445 12th Street, SW.,
Washington, DC 20554. The Order on Reconsideration also may be
purchased from the Commission's duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St. SW., Room CY-B402, Washington,
DC 20554; telephone (202) 488-5300; fax (202) 488-5563; email
FCC@BCPIWEB.COM.
Summary
I. Introduction and Executive Summary
1. The Order on Reconsideration in WT Docket No. 07-293 and IB
Docket No. 95-91 addressed five petitions for reconsideration of the
2010 WCS R&O and SDARS 2nd R&O, 75 FR 45058, August 2, 2010, filed by
ARRL, the national association for Amateur Radio (ARRL), AT&T Inc.
(AT&T), Sirius XM, Stratos Offshore Services Company (Stratos), and the
WCS Coalition. The 2010 WCS R&O modified the technical rules and
performance (i.e., buildout) requirements for the WCS in the 2305-2320
MHz and 2345-2360 MHz bands; the SDARS 2nd R&O established technical
and licensing rules for SDARS terrestrial repeaters in the 2320-2345
MHz band. The petitions sought reconsideration, clarification, or both
of the Commission's decisions in the 2010 WCS R&O and SDARS 2nd R&O
regarding: (a) WCS base and fixed stations' ground level emissions
limit, (b) fixed WCS customer premises equipment (CPE) power and power
spectral density (PSD) limits, bands of operation, and outdoor antenna
use, (c) distinction between fixed WCS CPE and fixed WCS point-to-point
stations, (d) mobile and portable devices' PSD and out-of-band
emissions (OOBE) limits, (e) restrictions on WCS frequency division
duplexing (FDD) mobile and portable devices' bands of operation, (f)
WCS mobile and portable devices' and fixed WCS CPE duty cycle limits,
(g) WCS protection of Amateur Radio Service (ARS) operations and WCS
base/fixed stations' and mobile devices' OOBE limits in the 2300-2305
MHz band, (h) WCS coordination, notification, and interference
mitigation requirements; base station separation distance, (i) WCS
performance requirements, (j) WCS/SDARS coordination zones, (k)
interference protection for WCS from SDARS terrestrial repeaters, and
(l) WCS and SDARS licensees' duty to cooperate in sharing information
and preventing/mitigating interference. The revised rules are
consistent with a June 15, 2012 compromise proposal between WCS
licensee AT&T Inc. and Sirius XM designed to facilitate the efficient
deployment and coexistence of the WCS and SDARS.
2. For the WCS, the Order on Reconsideration
Established maximum design ground power level targets on
roadways for WCS base and fixed station operations of -44 dBm in WCS
Blocks A (2305-2310 MHz and 2350-2355 MHz) and B (2310-2315 MHz and
2355-2360 MHz) and -55 dBm in WCS Blocks C (2315-2320 MHz) and D (2345-
2350 MHz) to serve as triggers for interference resolution if exceeded
on roadways and harmful interference (i.e., muting) to SDARS operations
occurs;
Established conditions on roadways constituting harmful
interference to SDARS operations from WCS operations requiring WCS and
SDARS operators to work cooperatively to resolve;
Denied a petition to establish a specific distance at
which an SDARS subscriber is expected to tolerate muting of SDARS
signals by WCS base station transmitters;
Eliminated the frequency band restrictions on WCS FDD base
stations prohibiting transmissions in the lower WCS blocks (2305-2320
MHz);
Clarified that point-to-point and point-to-multipoint WCS
fixed stations operated and controlled by the WCS licensee and that
comply with the WCS base and fixed station power and emissions limits
are not considered to be fixed WCS CPE;
Denied a petition to establish reduced power limits for
low-power fixed WCS CPE (i.e., CPE with average equivalent
isotropically radiated power (EIRP) of 2 Watts or less) operating with
the relaxed OOBE limits applicable to WCS mobile and portable devices;
Denied a petition to establish PSD limits for all fixed
WCS CPE;
[[Page 9606]]
Denied a petition to establish guard bands in WCS Blocks C
and D for fixed WCS CPE;
Relaxed the restrictions on outdoor and outdoor antenna
use for low-power fixed WCS CPE operating with the OOBE limits
applicable to WCS mobile and portable devices under certain
circumstances;
Removed the restrictions on outdoor and outdoor antenna
use for low-power fixed CPE operating with the more restrictive OOBE
limits applicable to WCS base and fixed stations;
Eliminated the PSD limits for WCS mobile and portable
devices using appropriate uplink (user device to base station)
transmission technology (e.g., 3rd Generation Partnership Project Long
Term Evolution (3GPP LTE);
Denied a petition requesting further restrictions on WCS
mobile and portable device OOBE limits;
Denied a petition requesting removal of the restriction
prohibiting WCS mobile and portable devices using FDD technology from
transmitting in the upper WCS spectrum blocks (2345-2360 MHz) adjacent
to the AMT spectrum;
Prohibited WCS mobile and portable devices from
transmitting in all portions of WCS Blocks C (2315-2320 MHz) and D
(2345-2350 MHz);
Eliminated the duty cycle limits on fixed WCS CPE and WCS
mobile and portable devices using FDD technology;
Denied a petition to eliminate the 38 percent duty cycle
limit for fixed WCS CPE and WCS mobile and portable devices using time
division duplexing (TDD) technology;
Clarified the bands of applicability for WCS base, fixed,
and fixed CPE station, and WCS mobile and portable device OOBE limits;
Declined to address a petition regarding the interference
protection rights of secondary Amateur Radio Service operations in the
2300-2305 MHz band adjacent to primary WCS operations in the 2305-2320
MHz band;
Exempted low-power WCS stations (EIRP less than 2 Watts)
from the WCS licensee notification requirements and relaxed the WCS
licensee notification requirements for minor WCS station modifications;
Clarified that WCS fixed stations are part of the WCS
licensee coordination and notification processes;
Lengthened by 6 months and restarted the WCS construction
periods to enable WCS licensees to respond to the rule revisions;
Denied petitions to eliminate the automatic WCS license
forfeiture provisions for failure to comply with the WCS performance
requirements;
Denied petitions to replace the coverage-based performance
requirements for WCS Blocks C (2315-2320 MHz) and D (2345-2350 MHz)
with substantial service requirements;
Encouraged WCS licensees to enter into coordination
agreements with SDARS licensees for interference mitigation.
3. For the SDARS, the Order on Reconsideration
Denied a petition to modify the site-by-site licensing
procedures for high power SDARS terrestrial repeaters that are not
eligible for blanket licensing (e.g., repeaters with average EIRP
greater than 12 kilowatts (kW));
Maintained the option to authorize SDARS terrestrial
repeaters that are not eligible for blanket licensing;
Modified the definition of which WCS licensees would be
potentially affected by SDARS terrestrial repeaters operating with high
power or relaxed OOBE limits;
Excepted low-power terrestrial repeaters (i.e., repeaters
with EIRP less than 2 Watts) from SDARS licensee notification
requirements;
Relaxed SDARS licensee notification requirements for minor
modifications to SDARS terrestrial repeaters;
Encouraged SDARS licensees to enter into coordination
agreements with WCS licensees for interference mitigation.
II. Order on Reconsideration in WT Docket No. 07-293
A. WCS Base and Fixed Stations
4. Emissions and Circumstances Requiring Coordination to Resolve
Interference. To foster deployment of innovative broadband services in
the WCS spectrum and further mitigate the risk of harmful interference
to SDARS operations, the Order on Reconsideration adopted AT&T's and
Sirius XM's proposed roadway signal levels and harmful interference
conditions to SDARS operations on roadways which would trigger
coordinated efforts between WCS and SDARS licensees to mitigate the
interference. Specifically, WCS and SDARS operators would work
cooperatively to resolve harmful interference in a location where a WCS
signal level is present on a roadway at a level greater than -44 dBm in
the WCS A or B Blocks, or -55 dBm in the WCS C or D Blocks, and a test
demonstrates that the SDARS customer would be muted over a road
distance of greater than 50 meters; or for a mutually agreeable drive
test route, if the ground signal level on roadways exceeds -44 dBm in
the WCS A or B Blocks, or -55 dBm in the WCS C or D Blocks, for more
than 1 percent of the cumulative surface road distance on that drive
route, and a test demonstrates that the SDARS customer would be muted
over a cumulative road distance of greater than \1/2\ of 1 percent
(incremental to any muting present prior to use of WCS frequencies in
the area of that drive test). The Order on Reconsideration denied
Sirius XM's petition to establish a specific separation distance at
which an SDARS subscriber is expected to tolerate muting by WCS base
station operations.
5. Bands of Operation. To provide WCS licensees with more
flexibility to enhance service to the public and support FDD downlink
carrier aggregation, in response to AT&T's request in its petition for
reconsideration and consistent with AT&T's and Sirius XM's request in
their June 15, 2012 joint submission, the Commission decided in the
Order on Reconsideration that WCS FDD base stations may also transmit
in the lower WCS blocks at 2305-2320 MHz in addition to operating in
the upper WCS bands at 2345-2360 MHz, subject to the power and OOBE
attenuation factors adopted for WCS base station operations in those
bands. The Commission agreed with AT&T and Sirius XM that such
operations would not increase the potential for harmful interference to
adjacent-band services and there is no need to restrict their operation
to the upper WCS bands (2345-2360 MHz).
6. Point-To-Point/Point-To-Multipoint Station Description
Clarification. In the Order on Reconsideration, the Commission agreed
with Stratos and the WCS Coalition that fixed WCS point-to-point
stations that are controlled and operated by the WCS licensee and
comply with the power levels and spectral mask (i.e., OOBE limits)
applicable to WCS base and fixed stations are not considered to be
fixed WCS CPE, regardless of where the transmission equipment is
installed. In addition, because fixed WCS CPE stations' operations
commenced several years before the Commission adopted the 2010 WCS R&O
in May 2010, and the Commission has not received reports of harmful
interference to SDARS receivers due to their operation, the Commission
decided that testing of all potential fixed WCS CPE applications, as
suggested by Sirius XM, was not needed to clarify that fixed WCS point-
to-point and point-to-multipoint stations that are controlled and
operated by the WCS licensee and comply with the power levels and
spectral mask applicable to WCS base
[[Page 9607]]
and fixed stations are not considered to be fixed WCS CPE. Therefore,
the Order on Reconsideration clarified that fixed WCS fixed WCS point-
to-point stations and point-to-multipoint stations that are controlled
and operated by the WCS licensee and that comply with the more
restrictive OOBE attenuation factors applicable to WCS base and fixed
stations are not considered to be fixed WCS CPE, regardless of where
the equipment is installed.
B. Fixed WCS Customer Premises Equipment
7. Power and Power Spectral Density Limits. The signal attenuation
from the propagation losses due to the likely separation distances
between low-power fixed WCS CPE and SDARS receivers, coupled with the
requirement to employ automatic transmit power control (ATPC), which is
used to prevent inter-cell interference (i.e., interference to adjacent
cells base stations receiving on the same frequencies), will help limit
the potential for harmful interference (i.e., interference which
seriously degrades, obstructs, or repeatedly interrupts a
radiocommunication service) from fixed WCS CPE to SDARS receivers
receiving unwanted energy in the adjacent band. Thus, the Commission
disagreed with Sirius XM that low-power fixed WCS CPE operating with
the OOBE attenuation factors applicable to WCS mobile devices should be
restricted to a maximum EIRP of 250 mW. In addition, although most 2.3
GHz-band fixed WCS CPE devices have been authorized for and are
operating at 1 to 2 W EIRP, and some fixed WCS CPE devices have been
authorized for and are operating at up to 20 W EIRP, which occurred
before we relaxed the OOBE limits for fixed WCS CPE, SDARS licensees
have not reported any instances of harmful interference due to this
fixed WCS CPE. For these reasons, the Commission decided that
maintaining the average EIRP at 2 W or less for low-power fixed WCS CPE
operating with the same OOBE limits as WCS mobile and portable devices
will not result in harmful interference to SDARS receivers. Therefore,
the Order on Reconsideration declined to restrict the maximum allowed
power of low-power fixed WCS CPE operating with the same OOBE limits as
WCS mobile and portable devices to 250 mW, and denied that portion of
Sirius XM's petition.
8. Furthermore, because imposition of a PSD limit on fixed WCS CPE
would likely preclude the provision of fixed WCS services by making it
uneconomical to provide the necessary base station coverage, the
Commission also declined to impose a PSD limit of 4 W/MHz on fixed WCS
CPE, as requested by Sirius XM. In support of this decision, the
Commission noted that the 2010 WCS R&O significantly reduced the
potential for fixed WCS CPE to cause harmful interference to SDARS
receivers by reducing the maximum allowed EIRP for these devices from 2
kW over any bandwidth to 20 W/5 MHz and that Sirius XM had previously
claimed that its receivers, which were designed prior to adoption of
the 2010 WCS R&O, provide excellent adjacent band blocking performance.
In addition, because of the likely sources of blockages--foliage,
building walls, parked and moving vehicles, etc.--that will attenuate
fixed WCS CPE devices' signals, if fixed WCS CPE were allowed to
continue using up to 20 W/5 MHz peak EIRP without a specific per-
megahertz PSD limit, the Commission determined that SDARS licensees are
not likely to experience harmful interference from the operation of
these devices. The Commission also affirmed that if WCS licensees were
to aggregate spectrum for fixed WCS CPE, the power level in any 5-
megahertz bandwidth would not be permitted to exceed 20 W.
9. The Commission further noted that the technologies that are
being considered to provide WCS service--Long Term Evolution (LTE),
Worldwide Interoperability for Microwave Access (WiMAX), and Wideband-
Code Division Multiple Access (W-CDMA)--spread user devices' signals
across the channel bandwidth and control the power of the RF
subcarriers assigned to a particular device to prevent self-
interference. Thus, even absent a specific PSD limit for fixed WCS CPE,
the Commission determined that WCS licensees' efforts to prevent self-
interference would effectively limit the PSD of fixed WCS CPE and
further mitigate the potential for harmful interference to SDARS
receivers. Finally, because wireless networks are typically initially
designed for coverage and subsequently for capacity, the size of WCS
cell sites is likely to decrease over time, which will decrease the
maximum power transmitted by WCS CPE and ultimately lower these
devices' resultant PSD. For these reasons, the Order on Reconsideration
denied Sirius XM's request to impose a PSD limit of 4 W/MHz on fixed
WCS CPE.
10. Bands of Operation. Sirius XM's petition regarding the
establishment of guard bands for fixed WCS CPE in the 2.5-megahertz
portions of WCS Blocks C and D nearest the SDARS band (i.e., 2317.5
MHz-2320 MHz and 2345-2347.5 MHz) asserted arguments that Sirius XM
raised--and the Commission considered and rejected--in the 2010 WCS
R&O. The Commission declined to revisit those contentions in the Order
on Reconsideration. Sirius XM failed to present any new evidence that
would compel the Commission to reconsider its previous findings.
Moreover, it is ``settled Commission policy that petitions for
reconsideration are not to be used for the mere re-argument of points
previously advanced and rejected.'' Thus, the Order on Reconsideration
denied that portion of Sirius XM's petition.
11. Outdoor and Outdoor Antenna Use. In response to AT&T's and the
WCS Coalition's petitions for reconsideration, the Commission decided
in the Order on Reconsideration to remove the restrictions on low-power
fixed WCS CPE operating with the stepped emission mask applicable to
WCS mobile devices that prohibited such equipment from being used
outdoors or with outdoor antennas. Consistent with the request in
AT&T's and Sirius XM's June 15, 2012 compromise proposal, if low-power
fixed WCS CPE operating with the OOBE limits applicable to WCS mobile
devices is professionally installed in locations that are removed by 20
meters from roadways or in locations where it can be shown that the
ground power level of -44 dBm in WCS Blocks A and B or -55 dBm in WCS
Blocks C and D will not be exceeded at the nearest road location, then
such equipment may be used outdoors and with outdoor antennas. The
Commission also decided to remove the prohibitions on the use of low-
power fixed WCS CPE outdoors and with outdoor antennas if the fixed WCS
CPE complies with the more restrictive OOBE attenuation factors
applicable to WCS base and fixed stations. The Commission determined
that if used outdoors or with outdoor antennas, low-power fixed WCS CPE
that is professionally installed or that meets the more restrictive
OOBE attenuation factors applicable to WCS base and fixed stations will
avert the discontinuance of existing WCS service, foster the provision
of wireless broadband services, especially in unserved and underserved
areas, and enhance user experience without causing harmful interference
to SDARS receivers. It also determined that the signal attenuation due
to the separation distances and outdoor blockages (i.e., building walls
and other structures in urban settings; trees) that are likely to exist
between low-power fixed WCS CPE transmitters and SDARS receivers and
the requirement to use ATPC,
[[Page 9608]]
would help limit the potential for harmful interference to SDARS
receivers from low-power fixed WCS CPE being used outdoors or with
outdoor antennas.
C. WCS Mobile and Portable Devices
12. Power Spectral Density Limit. In response to AT&T's and the WCS
Coalition's petitions for reconsideration and consistent with the
request in AT&T's and Sirius XM's June 15, 2012 compromise proposal, in
the Order on Reconsideration, the Commission decided to eliminate the
PSD limit for WCS mobile devices that operate with bandwidths greater
than or equal to 5 megahertz in WCS Blocks A and B and use an
appropriate uplink transmission technology (e.g., 3GPP LTE). In support
of this decision, the Commission noted that in cellular systems, mobile
device transmit (i.e., uplink) power control is a key radio resource
management function for improving system capacity, coverage, and user
quality (data rate or voice quality), lowering battery consumption, and
controlling interference to adjacent cells of the same system, and per-
megahertz PSD limits are not standardized for wideband wireless
technologies such as W-CDMA, WiMAX, or LTE. Instead of controlling
mobile devices' transmit power on a per-megahertz basis, LTE technology
is designed to control mobile devices' transmit power by dynamically
allocating spectrum resources, known as Physical Resource Blocks
(PRBs), among mobile devices and setting the power levels of these PRBs
on a frame-by-frame basis. Similarly, despite having different uplink
physical layer and transmission schemes, WiMAX technology controls
mobile devices' transmit power by uniformly distributing the uplink
transmissions from a given mobile device across the operating channel
bandwidth and controlling the power of the radio frequency (RF)
subcarriers assigned to a particular device. In Wideband Code Division
Multiple Access (W-CDMA), also known as Universal Mobile
Telecommunication System (UMTS), networks, to balance the power
received at the base station from all mobile devices to within a few
decibels (dB) and optimize system performance, uplink power control
information is transmitted from the base station in every time slot to
control the power transmitted in each data channel frame assigned to a
particular mobile device.
13. Therefore, in the same manner that uplink power control is used
in LTE, WiMAX, and W-CDMA networks to optimize system performance, the
Commission found that WCS licensees may use LTE, WiMAX, and W-CDMA
technologies' uplink power control algorithms to effectively limit the
PSD of WCS mobile devices to avoid self-interference, maximize the
capacity and efficiency of the network, and mitigate the risk that
these devices will cause harmful interference to SDARS receivers.
Although the PSD of WCS mobile devices may occasionally exceed 50 mW/
MHz, the Commission concluded that such instances would be rare and
short lived. It also concluded that WCS licensees could control WCS
mobile devices' transmitter power via power control, signal spreading,
and/or other signal modulation techniques to prevent these devices from
concentrating power greater than 50 mW/MHz in narrow segments of
bandwidth that are near the SDARS band to avoid causing harmful
interference to SDARS receivers.
14. For these reasons, the Order on Reconsideration eliminated the
50 mW/MHz PSD limit for WCS mobile devices that operate in the WCS A
and B Blocks (2305-2315 MHz and 2350-2360 MHz) and employ single
carrier frequency-division multiple access (SC FDMA) or similar
technology. However, to address Sirius XM's concerns that WCS
licensees' mobile devices could transmit more power than they could
otherwise transmit in a 5-megahertz block by aggregating spectrum
blocks and consistent with the WCS Coalition's assertion that a WiMAX
or LTE mobile device's transmit power is uniformly distributed across
the available channel bandwidth, the Order on Reconsideration clarified
that WCS mobile devices are limited to a maximum EIRP of 250 mW for any
bandwidth greater than or equal to 5 megahertz.
15. Out-of-Band Emissions Limits. Sirius XM's petition regarding
the OOBE limits for WCS mobile devices in the 2320-2345 MHz SDARS band
asserted numerous arguments that Sirius XM raised--and the Commission
considered and rejected--in the 2010 WCS R&O. The Commission declined
to revisit those contentions in the Order on Reconsideration. Sirius XM
failed to present any new evidence that would compel the Commission to
reconsider its previous findings. Moreover, it is ``settled Commission
policy that petitions for reconsideration are not to be used for the
mere re-argument of points previously advanced and rejected.'' Thus,
the Order on Reconsideration denied the portion of Sirius XM's petition
to further restrict the OOBE limits for WCS mobile and portable devices
in the 2320-2345 MHz band.
16. Bands of Operation. The Commission declined to remove the
restriction that WCS mobile devices using FDD technology may not
transmit in the upper WCS A and B Blocks and the 2.5-megahertz portion
of the WCS D Block furthest removed from the SDARS band (2347.5-2360
MHz), as requested by AT&T. The Commission determined that restricting
WCS FDD mobile devices from transmitting in the upper WCS blocks at
2347.5-2360 MHz band would provide added protection from harmful
interference to adjacent-band AMT receivers that operate in the 2360-
2395 MHz band. Therefore, the Order on Reconsideration denied the
portion of AT&T's petition requesting that WCS mobile devices be
allowed to operate in the upper WCS bands at 2347.5-2360 MHz.
17. However, although the Commission determined in the 2010 WCS R&O
that the potential for harmful interference to SDARS receivers from
mobile transmitters operating in the 2.5-megahertz portions of WCS
Blocks C and D furthest removed from the SDARS band was negligible, in
their June 15, 2012 joint agreement, AT&T and Sirius XM asserted that
mobile operations in WCS Blocks C and D hold the most potential to
cause harmful interference to satellite radio consumers. In their June
15, 2012 compromise proposal, AT&T and Sirius XM agreed that expanding
the guard bands for WCS mobile and portable device transmissions to
encompass all of WCS Blocks C and D would further reduce the risk that
operation of WCS mobile transmitters in these bands could pose an
unacceptable interference threat to SDARS reception. Thus, to further
mitigate the potential for harmful interference to SDARS operations,
the Commission decided to prohibit WCS mobile and portable transmitters
from operating in all portions of WCS Blocks C and D. The Commission
decided that this action would, in effect, provide a 5-megahertz
transition band for SDARS receivers at each end of the SDARS band that
would further decrease the potential for harmful interference to SDARS
operations from WCS mobile devices operating in adjacent spectrum,
while permitting the C and D Blocks spectrum to be used for WCS base
stations or fixed services. Coupled with the relaxed PSD and duty cycle
limits that the Commissions adopted in the Order on Reconsideration for
WCS mobile devices, the Commission believed that this action would
provide added interference protection to SDARS operations while
advancing the Commission's goal of making mobile
[[Page 9609]]
broadband services over the WCS spectrum widely available.
18. The Commission's adoption of this approach also furthered its
resolution of the interference protection matters raised in Sirius XM's
petition for reconsideration. The Commission first provided notice that
it was considering the issue of interference management between the WCS
and SDARS in the 2001 Public Notice in this proceeding, in which the
Commission sought comment on requiring SDARS licensees to operate their
repeaters in frequency bands at least 4 megahertz away from the edge of
their licensed frequency bands, among other things. That issue remained
in play with the timely filing of the Sirius XM Reconsideration
Petition challenging the Commission's decision in the 2010 WCS R&O to
adopt a different approach.
D. WCS Mobile, Portable, and Fixed CPE Duty Cycle Limits
19. To facilitate the deployment of broadband services in WCS
spectrum, the Commission decided in the Order on Reconsideration to
eliminate the duty cycle requirements for WCS mobile, portable, and
fixed CPE employing FDD-based technology, consistent with AT&T's and
Sirius XM's request in their June 15, 2012 compromise proposal. The
Commission agreed with AT&T that the activity factor of a WCS mobile
device is not a factor in determining potential interference to SDARS
receivers that warrants a 25 percent duty cycle for WCS mobile and
portable devices in WCS Blocks A and B, as the Commission determined in
the 2010 WCS R&O. It also agreed with AT&T's and Sirius XM's assertions
that adjacent-band WCS FDD operations will have minimal impact on the
SDARS receivers' automatic gain control (AGC) circuitry because they
involve no intermittent pulsing. However, based on Commission staff's
analysis of the record and reinforced by the results of the testing in
Ashburn, Virginia, the Commission decided to maintain the 38 percent
duty cycle limit for WCS mobile devices using TDD-based technologies.
20. Regarding Sirius XM's argument that the 38 percent duty cycle
limit for TDD-based devices established in 2010 WCS R&O was not
supported by the record in this proceeding, the Commission noted that
its decision to adopt a 38 percent duty cycle for TDD-based WCS user
devices was a tradeoff based on its analysis of the record leading up
to adoption of the 2010 WCS rules and the WCS/SDARS testing in Ashburn,
Virginia. The Commission decided in 2010 to round up the permitted TDD
duty cycle from the 35 percent used in the Ashburn, Virginia testing to
38 percent to allow for the majority of TDD profiles under an LTE or
WiMAX technology selection, because the 35 percent duty cycle used
during the testing only resulted in two isolated instances of
negligible interference to SDARS receivers, not harmful interference
that repeatedly interrupted the SDARS signal.
21. The Commission also declined to limit WCS mobile devices'
transmissions to every other 5 millisecond (ms) frame as Sirius XM
requested in its petition. As determined by the Commission's analyses
and verified by the WCS/SDARS testing in Ashburn, Virginia, it found
that the WCS mobile device's transmissions need not be limited to every
other transmission frame to limit the potential for harmful
interference to SDARS receivers, as requested by Sirius XM. However, to
eliminate any uncertainty about how compliance with the duty cycle is
measured, the Commission clarified its requirement that WCS subscriber
devices' duty cycle be measured in a manner that is referenced directly
to the frame duration for WCS technology being used. Specifically,
industry standards for WiMAX and LTE technology specify frame lengths
of 5 ms and 10 ms, respectively. Accordingly, for WCS networks using
WiMAX technology, the duty cycle should be measured over a 5 ms frame;
for WCS networks using LTE technology, the duty cycle should be
measured over a 10 ms frame. For TDD technologies other than LTE and
WiMAX, the duty cycle should be measured over a frame duration that is
referenced directly to the technology being used.
E. WCS Out-of-Band Emissions Limit in the 2300-2305 MHz Amateur Radio
Service Band
22. Regarding ARRL's petition requesting that the Commission
require WCS licensees to be responsible for mitigating harmful
interference to Amateur Radio Service operations in the 2300-2305 MHz
band through operation of Sec. 2.102(f) of the Commission's rules and
AT&T's and the WCS Coalition's opposition, as a general matter, the
Commission noted that the technical and operating rules that its adopts
for a particular service are designed to prevent harmful interference
(i.e., interference which seriously degrades, obstructs, or repeatedly
interrupts a radiocommunication service) to other services that operate
in adjacent bands and to establish the RF environment for adjacent band
services to coexist. In the case of the WCS, the Commission initially
determined that an attenuation factor of 43 + 10 log (P) dB (i.e., a
fixed limit of -43 dBW) below the transmitter output power P in Watts
for WCS fixed and mobile devices' OOBE in the 2300-2305 MHz band would
prevent interference to Amateur Radio Service operations in that band.
The 2010 WCS R&O did not alter WCS fixed and mobile devices' OOBE limit
of -43 dBW in the 2300-2305 MHz band and thus did not reduce or
otherwise modify the interference protection that the Commission
previously established for ARS operations in that band. For this
reason, the Commission saw no reason to address the specific arguments
that ARRL, AT&T, and the WCS Coalition made regarding the operation of
Sec. 2.102(f) because the FCC's existing service and technical rules
are already designed to account for WCS users operating adjacent to the
ARS band. To the extent that ARRL was asking that the Commission
revisit the attenuation factor originally established for the WCS and
that was left unmodified in the 2010 WCS R&O, the Commission concluded
that such a request for reconsideration was not timely filed and was
not appropriate for reconsideration.
23. Clarification of Applicable Bands for Out-of-Band Emissions
Limits. To eliminate any confusion in the Commission's rules about
where the OOBE limits for WCS base and fixed stations, mobile devices,
and fixed WCS CPE must be met, the Order on Reconsideration clarified
the frequency bands in which the 43 + 10 log (P) dB and other OOBE
attenuation factors below the transmitter power P are applicable.
Specifically, WCS base and fixed stations and fixed WCS CPE
transmitting with an average EIRP greater than 2 Watts must attenuate
their OOBE below the transmitter power P, as measured over a 1
megahertz resolution bandwidth, by a factor of not less than 43 + 10
log (P) dB on all frequencies between 2305-2320 MHz and between 2345-
2360 MHz that are outside the licensed band(s) of operation, not less
than 75 + 10 log (P) dB in the 2320-2345 MHz band, not less than 43 +
10 log (P) dB in the 2300-2305 and 2360-2362.5 MHz bands, not less than
55 + 10 log (P) dB in the 2362.5-2365 MHz band, not less than 70 + 10
log (P) dB in the 2287.5-2300 MHz and 2365-2367.5 MHz bands, not less
than 72 + 10 log (P) dB in the 2285-2287.5 and 2367.5-2370 MHz bands,
and not less than 75 + 10 log (P) dB below 2285 MHz and above 2370 MHz.
24. WCS mobile and portable devices operating in the WCS A and B
Blocks and fixed WCS CPE transmitting with
[[Page 9610]]
an average EIRP of 2 Watts or less must attenuate their OOBE below the
transmitter power P as measured over a 1 megahertz bandwidth, by a
factor of not less than 43 + 10 log (P) dB on all frequencies between
2305-2320 MHz and between 2345-2360 MHz that are outside the licensed
band(s) of operation, not less than 55 + 10 log (P) dB in the 2320-
2324/2341-2345 MHz bands, not less than 61 + 10 log (P) dB in the 2324-
2328/2337-2341 MHz bands, and not less than 67 + 10 log (P) dB in the
2328-2337 MHz band. In addition, WCS mobile and portable devices must
attenuate their OOBE below the transmitter power P by a factor of not
less than 43 + 10 log (P) dB in the 2300-2305 and 2360-2365 MHz bands,
not less than 55 + 10 log (P) dB in the 2296-2300 MHz band, not less
than 61 + 10 log (P) dB in the 2292-2296 MHz band, not less than 67 +
10 log (P) dB in the 2288-2292 MHz band, and not less than 70 + 10 log
(P) dB below 2288 MHz and above 2365 MHz.
25. Measurement Procedures. The Order on Reconsideration clarified
that measurements of the OOBE from WCS base, fixed, and fixed CPE
stations and WCS mobile and portable devices made over a narrower
resolution bandwidth than 1 megahertz (e.g., 1 percent of the emission
bandwidth) must be integrated over the full measurement bandwidth of 1
megahertz to determine compliance with the relevant out-of-band
emissions limits. Specifically, compliance with the part 27 WCS
emissions limits rules is based on the use of measurement
instrumentation employing a resolution bandwidth of 1 MHz or greater.
However, in the 1 MHz bands immediately outside and adjacent to the
channel blocks at 2305, 2310, 2315, 2320, 2345, 2350, 2355, and 2360
MHz, a resolution bandwidth of at least 1 percent of the emission
bandwidth of the fundamental emission of the transmitter may be
employed. A narrower resolution bandwidth is permitted in all cases to
improve measurement accuracy provided the measured power is integrated
over the full required measurement bandwidth (i.e., 1 MHz). The
emission bandwidth is defined as the width of the signal between two
points, one below the carrier center frequency and one above the
carrier center frequency, outside of which all emissions are attenuated
at least 26 dB below the transmitter power.
F. WCS Performance Requirements.
26. Extension of WCS Construction Deadlines. The Order on
Reconsideration also lengthened by 6 months and restarted the WCS
construction periods established in the 2010 WCS R&O to enable WCS
licensees to respond to the rule revisions while ensuring significant
deployment of facilities in the near term. For mobile and point-to-
multipoint systems in WCS Blocks A and B, and point-to-multipoint
systems in WCS Blocks C and D, a licensee must provide reliable signal
coverage and offer service to at least 40 percent of the license area's
population within 48 months, and 75 percent within 78 months. For fixed
point-to-point services, except those deployed in the Gulf of Mexico
license area, licensees must construct and operate 15 point-to-point
links per million persons (one link per 67,000 persons) in a license
area within 48 months, and 30 links (one link per 33,500 persons)
within 78 months. In those license areas where licensees demonstrate
that 25 percent of the license area's population for Blocks A, B, or D
is within an AMT coordination zone, alternative requirements are
applicable for mobile and point-to-multipoint services. Specifically,
affected licensees must serve 25 (rather than 40) percent of the
population within 48 months, and 50 (rather than 75) percent within 78
months. For point-to-point systems deployed on any spectrum block in
the Gulf of Mexico license area, a licensee must construct and operate
a minimum of 15 point-to-point links within 48 months, and a minimum of
15 point-to-point links within 78 months. The construction periods
currently applicable to existing WCS licensees will run from the
effective date of the rule revisions adopted in the Order on
Reconsideration.
27. Coverage Requirements Instead of Substantial Service. The
Commission's decision in the 2010 WCS R&O to migrate away from
substantial service requirements was based upon a careful reading of
the record, and a balanced consideration of the public interest.
Therefore, the Commission disagreed with the Petitioners of the 2010
WCS R&O that these judgments were arbitrary and capricious.
Accordingly, it declined, as it did in the 2010 WCS R&O after a careful
assessment of that record, to apply substantial service performance
requirements in the 2.3 GHz band for the C and D Blocks, or to reduce
their quantitative benchmarks. In the 2010 WCS R&O, the Commission
stated that its revised performance requirements would ``afford WCS
licensees bright-line certainty,'' and would ``facilitate Commission
review of WCS performance showings.'' Petitioners provided little to
support their arguments that circumstances with respect to this
spectrum are so difficult that the Commission must reinstate
substantial service or otherwise reduce their construction obligations.
28. The Commission disagreed with petitioners that the more
stringent technical rules for C and D Blocks relegates them to ``niche
services'' and it believed that relief that it provided in other areas
will provide licensees with additional service options. It found that
retaining quantitative benchmarks best supported its goals for this
service; that is, that licensees will provide meaningful service in the
near term and continue to use the spectrum throughout the course of
their license periods. The Commission believed that, for the WCS,
bright-line coverage requirements at specified thresholds serve to
promote service throughout a licensed market, because they prevent
licensees from ``cherry picking'' areas for service rather than meeting
the benchmarks specified in their license requirements.
29. The Commission noted that because of its action to prohibit
mobile operations in WCS Blocks C and D, the respective requirements
for the 40 and 75 percent population coverage benchmarks would only be
applicable to point-to-multi-point systems. However, it maintained that
quantitative benchmarks--rather than a return to substantial service--
is still the appropriate standard for all operations in the C and D
Blocks spectrum. Accordingly, the service requirement for the C and D
Blocks shall be: 40 and 75 percent population coverage at the 48 and 78
month deadlines, respectively, for point-to-multipoint operations, with
15 point-to-point links per million persons in a license area within 48
months, and 30 point-to-point links per million persons in a license
area within 78 months for point-to-point fixed operations.
30. Finally, the Commission noted that certain entities had sought
guidance as to the specific performance requirements that would be
applied to current or potential operations in the C and D Blocks that
do not fall within the traditional mobile, point-to-multipoint, or
point-to-point fixed models. For example, Gogo, Inc. sought
clarification as to whether ground-to-air uplinks could be deployed in
the C and D Blocks, and what coverage requirements would apply. The
Commission noted that there are hybrid or non-traditional operations
that do not fit precisely in one category; for example, there may be
WCS point-to-multipoint systems that could be viewed as functionally
consistent with a WCS point-to-point RF network, e.g., certain smart
grid links to monitoring stations, maintenance
[[Page 9611]]
instrumentation, automatic metering collection points, and video
surveillance. However, given the wide range of deployments and
applications possible, the Commission found that WCS licensees should
seek guidance from the Wireless Telecommunications Bureau on a case-by-
case basis in determining whether their service is permissible within
the C and D Blocks, and which benchmarks apply.
31. Performance Penalties. The Commission finds basis in the record
for reconsidering the rule that licenses will automatically terminate
if a performance benchmark is not satisfied. The parties reiterated
many of the same arguments that were raised throughout the proceeding,
which the Commission previously considered and rejected. Despite the
parties' arguments that applying the automatic termination policy is
counter to prior Commission practice, the decision to terminate
licenses if performance benchmarks are not met was consistent with the
Commission's past practice in most geographically-licensed wireless
services, including the 800 MHz Specialized Mobile Radio Service (800
MHz SMR), PCS, and Advanced Wireless Services (AWS), as well as in the
1997 WCS Report and Order. Further, although Petitioners continued to
claim that an automatic termination rule deters investment and
construction of networks, they provided no support that licensees have
been denied financing or that deployment of broadband has been slowed
due to this policy. The Commission remained unconvinced that automatic
termination of a license for which the performance requirements are not
met itself deters capital investment or otherwise hinders the
development or deployment of service. On the contrary, several wireless
services subject to this kind of performance penalty have thrived.
32. The Commission remains unpersuaded that it should revise its
WCS rules to adopt a ``keep-what-you-use'' policy because the
Commission adopted the approach with respect to certain 700 MHz
licenses. The Commission found that the considerations and goals with
respect to WCS are so similar to the circumstances underlying the 700
MHz Service such that it was compelled to revise existing WCS
requirements to mirror the 700 MHz performance penalties. While the
2010 WCS R&O did call attention to the difference between WCS and 700
MHz rules with respect to submarket performance requirements, the
Commission noted that the submarket performance rule is only one
distinction. Differences in the specific policy objectives behind the
respective performance requirements and penalties also supported the
application of a different performance penalty.
33. In adopting the ``keep-what-you-use'' approach in the 700 MHz
proceeding, the Commission sought to make available additional
mechanisms to enable access to spectrum by new entrants after an
initial licensee either fails or chooses not to provide service in a
particular area by the applicable deadline. Alternatively, the focus of
the performance requirements for the WCS adopted in the 2010 WCS R&O
was to ensure the rapid and meaningful provision of service throughout
an entire licensed market. Given the length of time that currently
licensed spectrum has remained largely unused, the Commission
purposefully imposed ambitious construction criteria, including the
automatic termination performance penalty, to ensure that extensive
service coverage occurs in the near term. The Commission found that
this goal would not be better served by implementing a ``keep-what-you-
use'' performance penalty that may not facilitate service coverage in
an area until after a current WCS licensee has returned unused spectrum
to the Commission. In this context, the Commission concluded that the
automatic termination approach would be more effective in accomplishing
the Commission's objective of intensive, near term WCS construction.
34. Further, the Commission disagreed with the argument that the
automatic termination approach is intrinsically tied to less strict
performance benchmarks. The automatic termination approach has
historically been applied to geographic market-based licenses
generally. In adopting performance requirements for its various
wireless services, the Commission has not as a practice linked
substantial service and the use of the automatic termination penalty.
To the contrary, the automatic termination approach has been used as a
penalty for services that did not initially have a substantial service
performance obligation.
35. Finally, the Commission rejected arguments that the automatic
termination rule is unfair to licensees because, according to
petitioners, the rule requires automatic termination of a license even
where failure to meet a benchmark is due to circumstances out of the
control of a licensee, or even, for example, if the licensee has
covered 74 percent of the population at the final deadline. Petitioners
argued that application of this policy would cut off service to
customers and strand investment. However, Sec. 1.946(e)(1) of the
Commission's rules provides that extensions may be granted where
failure to comply with construction requirements is due to causes
beyond the control of the licensee, and Commission staff has previously
granted relief from the Commission's performance rules in cases where
it was in the public interest to do so. For example, Commission staff
has granted extensions where it found that a complete lack of available
equipment for a service presented circumstances beyond the control of
licensees, or where licensees were able to show a significant level of
diligence and commitment to construction of facilities. As noted in the
2010 WCS R&O, the Commission stated that it would continue to consider
and evaluate requests for extension or waiver and grant relief if
circumstances warrant. The Commission emphasized, however, that any
relief sought must be weighed against the public interest goals
underlying our construction rules, which is to ensure the efficient use
of spectrum and the expeditious provision of service to the public. As
noted, in specifying performance rules for this service, the Commission
purposefully imposed rigorous construction criteria and retained the
automatic termination policy in order to ensure meaningful and rapid
deployment of service in the WCS band. The Commission would grant
extension or waiver relief only if it determines that such action is
not contrary to the goals underlying the WCS performance requirements,
and otherwise serves the public interest.
G. WCS Information Sharing Requirements
36. Notification Requirements. The Commission agreed that it is in
the public interest to allow WCS licensees the flexibility to respond
to market conditions by making minor modifications to their facilities
as long as these modifications do not result in harmful interference to
SDARS operations (i.e., muting). While the Commission believed that the
2 dB power flux density (PFD) increase notification trigger sought by
the WCS Coalition may be problematic, it nonetheless found it
appropriate to permit WCS licensees to optimize facilities and correct
coverage gaps without advance notice in circumstances where such
modifications are unlikely to cause harmful interference to SDARS
receivers. Therefore, WCS licensees were allowed to modify their
facilities, other than changes in location, without prior notice so
long as the change does
[[Page 9612]]
not increase the predicted PFD at ground level by more than 1 dB and
notice of the modification is provided within 24 hours of deployment.
The Commission saw no empirical evidence in the record that
demonstrates that a 1 dB increase in PFD as a result of a WCS
modification is likely to cause harmful interference to nearby SDARS
receivers. Rather, it anticipated that in most cases there will be
sufficient margin in the SDARS link budget such that harmful
interference will be avoided.
37. Moreover, WCS licensees were not being exempted from their
obligation to provide notice regarding modifications to their stations;
WCS entities must notify SDARS licensees within 24 hours of these
changes to allow for monitoring of the effects of the modifications. In
addition, the notification exception for no more than a 1 dB increase
in PFD can be distinguished from Sirius XM's prior proposal for
imposition of system-wide PFD limits on WCS base station transmissions
because it would only affect the trigger for notification of a
modification to SDARS licensees, and is not an across the board
criteria for limiting WCS base stations' ground-level power. If, after
gaining experience with the 1 dB PFD increase exception to the
notification procedures, there is harmful interference to SDARS
receivers as a result of such modifications, the Commission would
restore the formal notification procedure that requires 5-business days
notice prior to modifying WCS facilities.
38. However, Sirius XM raised a valid argument that multiple
modifications to WCS stations could result in a predicted aggregate PFD
increase that may negatively affect SDARS receivers. To avoid such a
result, although WCS licensees may make 24 hour post modification
notifications as long as the predicted PFD increase at ground level is
not greater than 1 dB, if an SDARS licensee demonstrates to the WCS
licensee that the series of modifications using post-modification
notification procedures may cause harmful interference to SDARS
receivers, the WCS licensee must provide the SDARS licensee with a 5
day notice in advance of additional modifications to WCS base and fixed
stations. However, the 1 dB limit will not apply where a coordination
agreement between the parties specifies otherwise.
39. In addition, in light of the Commission's decision to adopt the
maximum design ground power level targets along roadways of -44 dBm for
WCS Blocks A and B and -55 dBm for WCS Blocks C and D, it also
permitted after-the-fact notification where modifications to WCS base
and fixed stations do not exceed these limits. However, it did not
adopt Sirius XM's suggestion that, if it was unwilling to adopt WCS PFD
limits, interference mitigation issues must be resolved through a
separate coordination agreement between Sirius XM and the WCS licenses
or through a clearinghouse acting on the licensees' behalf. Requiring
such agreements or a clearinghouse would unnecessarily increase
administrative burdens on all licensees.
40. Further, the Commission modified the rules to exclude WCS base
and fixed stations operating under 2 W EIRP from the inventory and
notification requirements and agreed with Sirius XM that, to the extent
that the parties can mutually agree on alternative coordination and
notification procedures, the rules should accommodate private
agreements between WCS licensees and Sirius XM that implement such
modified procedures. Although the Commission did not adopt a list of
modifications unlikely to cause interference where ``after-the-fact-
notification'' would apply as suggested by Sirius XM, it recognized
that it would be beneficial for WCS licensees and Sirius XM to reach
agreement on procedures that would streamline the notification process.
41. Lastly, the Commission clarified that the inventory and SDARS
licensee notification requirements in Sec. 27.72 apply to both WCS
base and fixed stations (except fixed WCS CPE). Sirius XM is correct
that the Commission has during this proceeding used the terms ``WCS
base station'' and ``WCS station'' interchangeably in the context of
information sharing requirements. It is discernible from a review of
the 2001 Public Notice and 2007 Notice in this proceeding that the
Commission's use of ``base station'' also encompassed fixed stations.
Moreover, the 2010 WCS R&O's use of language directing WCS licensees to
provide information to SDARS licensees regarding their ``deployed
infrastructure'' also demonstrated that the information sharing
obligations are not limited only to base stations used in a mobile
system. Accordingly, it revised Sec. 27.72 to make clear that WCS
licensees must share fixed and base station information with SDARS
licensees. However, it clarified that fixed WCS CPE (i.e., fixed
equipment operated by a WCS subscriber) is not subject to this
requirement. Further, to the extent that WCS licensees have not yet
provided notice for existing fixed stations to SDARS licensees, WCS
licensees must do so no later than 30 days after the effective date of
this Order.
42. Duty to Cooperate and Coordination. Upon review, the Commission
found no basis to revise its requirements regarding WCS licensees' duty
to cooperate. First, it declined to adopt the proposals submitted by
Sirius XM as they were considered when they were initially proposed in
this proceeding and explicitly rejected by the Commission in the 2010
WCS R&O. The Commission found that no further evidence had been
introduced into the record to cause us to reconsider this decision.
Specifically, it rejected as unnecessary the proposals that WCS
licensees provide a schedule of when network facilities will be
transmitting, or make pre-sale devices available to Sirius XM for
inspection. Although it expected the parties to cooperate and take good
faith measures to prevent harmful interference, it decided it must
balance the need for an exchange of useful information against
requiring the disclosure of market sensitive information that is not
reasonably necessary to prevent harmful interference, such as
licensees' proprietary equipment information and business or operating
plans.
43. For these reasons, the Commission also declined to require WCS
licensees to enter into a coordination agreement with Sirius XM with
provisions similar to the June 15, 2012 AT&T/Sirius XM agreement. It
emphasized, however, that cooperation between WCS and SDARS licensees
is critical to the successful coexistence between WCS and SDARS
systems, and encouraged WCS licensees to develop and enter into
separate coordination agreements with SDARS licensees for interference
mitigation. The Commission therefore revised Sec. 27.72 to incorporate
the AT&T/Sirius XM proposed language encouraging the adoption of
coordination agreements by WCS and SDARS. To the extent any provision
of a coordination agreement between parties to mutually resolve harmful
interference conflicts with other information sharing requirements
adopted in this proceeding, the parties are obligated to follow the
procedures established under the agreement.
44. The Commission also did not require that a clearinghouse or
single point of contact be created to provide information from WCS
licensees to Sirius XM. It agreed with the WCS Coalition that
interference issues are best handled directly by the entities operating
the networks and that an obligatory intermediary will add an
unnecessary step into the process. Similarly, the Commission concluded
that de facto spectrum transfer lessees already assume the notification
and interference obligations pursuant to our
[[Page 9613]]
secondary markets rules and policies. However, if the number of WCS
providers increases dramatically, the Commission may reevaluate whether
the burden to SDARS of coordinating with multiple providers offsets the
inefficiency of introducing a third party into the process.
45. Although the Commission did not mandate how information should
be exchanged between WCS and SDARS licensees, it expected that
licensees would coordinate to ensure the seamless and successful
exchange of information. WCS and SDARS licensees are able to enter into
agreements, as discussed above, regarding the logistics of information
exchanges, and the Commission encouraged parties to implement measures
to streamline the process to the extent possible.
H. Aeronautical Mobile Telemetry and Deep Space Network Coordination
46. Upon further review, the Commission found it necessary to
reconsider and clarify the role of ITU-R M.1459 in the coordination of
WCS and AMT facilities to promote and bring certainty to the
coordination process. It required WCS and AMT entities, using accepted
engineering practices, to apply ITU-R M.1459, as adapted to local
conditions and operating characteristics of both WCS and AMT systems,
in coordinating their stations, and thus modified rule Sec. 27.73(a)
accordingly.
47. Recommendation ITU-R M.1459 sets forth the recommended
framework for co-channel sharing between AMT and mobile satellite
services operations, but is not specific to WCS terrestrial operations.
Although the 2010 WCS R&O did not specifically require that the parties
use the interference protection mechanism set forth in the
Recommendation in coordinating AMT and WCS facilities, Sec. 27.73(a)
provides that coordination within 45 km or line of sight of an AMT
facility is necessary to protect AMT receivers ``consistent with
Recommendation ITU-R M.1459.''
48. In referencing the Recommendation in Sec. 27.73(a), the
Commission did not require parties to apply the recommended protection
values found in the Recommendation. The reference to ITU-R M.1459
instead serves as a reference point that WCS licensees and AMT entities
may consider in the course of determining how to coordinate their
systems. In setting out general guidelines in the 2010 WCS R&O and
Sec. 27.73(a), the Commission sought to provide parties with
flexibility to reach agreement on an appropriate mechanism that
provides both adequate protection to AMT facilities while permitting
WCS licensees to operate around such facilities to the greatest extent
possible.
49. The Commission continued to believe that the appropriate
approach to reducing potential interference between WCS base stations
and AMT installations is for the entities, when engaged in a
coordination process, to take into account the local conditions around
applicable AMT sites and specific operating characteristics of the AMT
and WCS facilities. However, given the continued differences in how the
parties view the basis of such coordination, it was concerned that the
parties would be unable to reach a mutually satisfactory agreement
regarding the WCS deployment in a timely manner--an outcome which could
lead to unacceptable delays in the deployment of WCS networks.
Therefore, the Commission found it necessary to provide additional
clarity regarding the WCS/AMT coordination process.
50. Specifically, the Commission required that WCS and AMT entities
take into account interference protection considerations identified in
ITU-R M.1459 as part of the required coordination process. The
Recommendation sets forth extremely conservative baseline protection,
or PFD levels, intended to protect AMT receivers. The Commission
believed that in many cases, the recommended protection criteria would
provide more protection than required, unnecessarily restricting areas
where WCS licensees may provide service. The Recommendation itself
notes that AMT stations have a wide range of characteristics, and that
some facilities may require less stringent protection criteria values
than those contained in ITU-R M.1459. Also, ITU-R M.1459 notes that,
even in the context of co-channel sharing, the calculation used to
derive the protection values represents a worst case scenario. This
notwithstanding, the ITU-R M.1459 PFD levels are based on general
telemetry system characteristics that are applicable in helping to
determine AMT facilities' vulnerability to interference. Moreover,
given the conditions of testing and types of deployments in the AMT
band, there may be circumstances where an AMT facility may require the
level of protection contemplated by ITU-R M.1459. Accordingly, the
Commission required the parties to use the ITU-R M.1459 PFD levels as a
baseline from which to conduct negotiations and interference studies.
51. In doing so, however, the Commission did not intend for parties
to strictly apply the recommended PFD level found in ITU-R M.1459. The
Commission found that strict application of the Recommendation could,
in many cases, lead to over-protection of the AMT receiver, thereby
unnecessarily restricting the ability of the WCS licensee to operate.
Therefore, to determine the appropriate protection level for an AMT
facility, the parties must, using accepted engineering practices,
evaluate local conditions surrounding an AMT receiver as well as the
specific operating characteristics of the applicable AMT and WCS
systems, and determine how the baseline PFD should be adapted and made
less restrictive in light of these factors. The Commission specified
that the local conditions and operating characteristics that the
parties must consider in their analysis include (but are not limited
to): line of sight obstructions (e.g. topography), actual performance
characteristics of the AMT receiver (e.g. antenna gain, power level,
and modulation), types of AMT antennas used, field of view of the AMT
receiver, as well as area of operation of the AMT receiver and the
manner in which telemetry testing is being performed. The Commission
required parties to adapt the baseline protection criteria for AMT,
i.e. the applicable PFD level, in light of these and other factors
applicable to the facility in question. It found that these
requirements would bring greater certainty to the coordination process,
and better enable AMT and WCS entities to reach agreement on measures
that will protect AMT receivers and enable WCS licensees to operate in
the surrounding area to the greatest extent possible.
52. Thus, the Commission declined to remove the reference to ITU-R
M.1459 in Sec. 27.73(a), as the WCS Coalition requested, but clarified
that WCS and AMT entities, using accepted engineering practices, are
required to apply ITU-R M.1459, as adapted to local conditions and
operating characteristics of both WCS and AMT systems, in coordinating
their stations. In addition, as determined in the 2010 WCS R&O, it
clarified in Sec. 27.73(a) that a coordination agreement to protect
existing AMT receivers from WCS base station operations is between the
WCS licensee and AMT entity(ies); Aerospace & Flight Test Radio
Coordinating Council (AFTRCC) will facilitate achievement of a mutually
satisfactory coordination agreement between the WCS licensee and AMT
entity(ies) for AMT receiver sites in existence at the time of the
coordination.
53. AFTRCC also requested, by way of a February 7, 2012 Ex Parte
submission, that the Commission expand Sec. 27.73 to require WCS
licensees to coordinate
[[Page 9614]]
their fixed stations with AMT entities and NASA's DSN facility at
Goldstone, California. Although the WCS Coalition opposed AFTRCC's
request with respect to coordination with AMT entities, AT&T did not
object to AFTRCC's request to include WCS fixed stations with WCS base
stations in the AMT coordination regime. The WCS Coalition argued that
coordination with AMT entities of WCS fixed stations should not be
required since there have not been any reports of harmful interference
to AMT receivers due to WCS fixed stations' operations, while AT&T had
committed to coordinate with AMT entities WCS fixed stations that
operate in the upper WCS bands at 2345-2360 MHz. The National
Telecommunications and Information Administration (NTIA) supported
coordination of WCS fixed stations that operate in the 2305-2320 MHz
and 2345-2360 MHz bands with NASA and AMT entities, respectively.
54. To alert AMT entities and NASA to the location and operation of
WCS fixed stations that will be deployed within 45 km of AMT receivers
and 145 km of the Goldstone, California DSN facility, we clarify that
the AMT and DSN coordination requirements for WCS licensees apply to
both WCS base and fixed stations (i.e., except fixed WCS CPE). It is
discernible from a review of the 2001 Public Notice and 2007 Notice in
this proceeding that the Commission's use of ``base station'' also
encompassed fixed stations. Moreover, the 2010 WCS R&O's use of
language directing WCS licensees to provide information to SDARS
licensees regarding their ``deployed infrastructure'' also demonstrates
that WCS licensees' information sharing obligations with respect to
SDARS licensees are not limited only to base stations used in a mobile
system. Accordingly, the Commission revised Sec. 27.73 to make clear
that WCS licensees must coordinate 2.3 GHz WCS base and fixed stations
with AMT entities and NASA's DSN facility in Goldstone, CA. However, it
clarified that fixed WCS CPE (i.e., fixed equipment operated by a WCS
subscriber) is not subject to this coordination requirement.
III. Order on Reconsideration in IB Docket No. 95-91
A. Operation of SDARS Terrestrial Repeaters Above 12 Kilowatts Average
EIRP
55. Site-by-Site Licensing. The Commission declined to adopt the
WCS Coalition's suggestions that the Commission clarify the rules
governing site-by-site licensing of terrestrial repeaters by requiring
that SDARS licensees seeking to operate a repeater at a power level
greater than 12 kW average EIRP must request a waiver of the power
limit rule and must serve such applications on all potentially affected
WCS licensees. In the SDARS 2nd R&O, the Commission found that
operation of SDARS repeaters above 12 kW average EIRP serves the public
interest in areas where WCS facilities are not providing commercial
service or such commercial service is not imminent. The Commission's
rules explicitly allow repeater operations at power levels greater than
12 kW average EIRP on a site-by-site licensing basis, until a
potentially affected WCS licensee notifies the SDARS licensee of the
imminent commencement of commercial operations. Thus, the Commission
determined that there was no need for an SDARS applicant to seek a
waiver of the Commission's rules to operate repeaters at power levels
greater than 12 kW average EIRP, because the Commission's rules already
explicitly allow such operations. The Commission's Satellite Division
has authorized the operations of a small number of SDARS repeaters at
power levels above 12 kW average EIRP on delegated authority under a
site-by-site licensing regime, without waiving the 12 kW average EIRP
power limit set forth in Sec. 25.214(d). The Commission has not found
any error in the authorization.
56. The Commission also found in the SDARS 2nd R&O that the public
interest supports authorizing as many SDARS repeaters as possible at
levels of 12 kW average EIRP or less through a blanket licensing
process, rather than at higher power levels through site-by-site
licensing. The Commission reiterated its intent to authorize the vast
majority of SDARS repeaters at power levels at or below 12 kW average
EIRP under a blanket license. In addition, however, it anticipated
authorizing repeaters above 12 kW average EIRP mainly in areas where
WCS licensees do not provide commercial service and do not provide
notice to SDARS licensees of imminent commercial service.
57. The Commission also found that it is unnecessary to require
SDARS applicants to serve applications for site-by-site repeater
authorization on WCS licensees. The Communications Act of 1934, as
amended, and Commission rules generally require 30-days notice to the
public before the Commission can act on any license application. Thus,
parties potentially affected by the proposed operations already have an
adequate opportunity to file comments or petitions to deny in response
to any application to operate SDARS repeaters. The WCS Coalition
provided no evidence why additional notice of proposed SDARS repeaters
operations is necessary, particularly as there is only one SDARS
licensee--Sirius XM--for WCS licensees to monitor.
58. Definition of ``Potentially Affected'' WCS Licensee. The
Commission adopted the alternative definition of a ``potentially
affected WCS licensee'' in Sec. Sec. 25.202(h) and 25.214(d) of the
Commission's rules, which Sirius XM and WCS licensees both supported.
Accordingly, it amended Sec. Sec. 25.202(h)(4) and 25.214(d)(3) to
incorporate a 25 km metric for determining whether a WCS licensee is
``potentially affected'' by a repeater operating above 12 kW EIRP
(average) or with an OOBE attenuation level less than those specified
in Sec. Sec. 25.202(h)(1) and (h)(2)). The Commission recognized in
the SDARS 2nd R&O that the use of major economic areas (MEAs) and
regional economic area groupings (REAGs) may be overbroad in
determining which WCS licensees would be potentially affected by a
particular SDARS repeater for the purposes of Sec. Sec. 25.202(h) and
25.214(d). There was no basis at the time, however, to find that the
proximity-based approach favored by Sirius XM would adequately protect
WCS licensees from harm. The record established since the release of
the SDARS 2nd R&O, as well as the support of both the WCS Coalition and
Sirius XM, provided a basis for adopting a 25 km proximity-based
definition of a ``potentially affected WCS licensee'' for purposes of
Sec. Sec. 25.202(h) and 25.214(d) of the Commission's rules.
59. The Commission did not, however, determine that a blanket
notification issued by a WCS licensee for all locations ``potentially
affected'' by repeater deployments--regardless of the actual predicted
risk of interference--would constitute bad faith, as requested by
Sirius XM. An SDARS licensee is required to change the operating
parameters of repeaters under Sec. Sec. 25.202 and 25.214 only when a
``potentially affected WCS licensee'' notifies it that the WCS licensee
intends to commence commercial service within 365 days. Thus, SDARS
repeater operations will be impacted only if a WCS licensee has either
already commenced commercial service, or when such service is imminent.
The Commission previously stated that this discourages a WCS licensee
from sending notices for all areas in which it has licenses to operate,
regardless of when the licensee actually contemplates service. Although
there may be
[[Page 9615]]
instances where the WCS licensee provides notice of imminent commercial
service but does not commence service within the 365-day period, the
Commission stated that it did not expect bad faith to be the reason for
the delay. It saw no reason to find differently. To the extent that a
WCS licensee may overstate the potential for interference from a
particular SDARS repeater, the Commission did not have reason to find
that bad faith would necessarily be the motivating factor.
B. Operation of Low-Power SDARS Terrestrial Repeaters
60. The Commission agreed that SDARS terrestrial repeaters
operating below 2 W EIRP are unlikely to be sources of interference,
and therefore it is unnecessary to include these low-power devices in
the inventory and notification requirements adopted in the SDARS 2nd
R&O for higher-power devices. Accordingly, it modified Sec. 25.263 to
exempt such devices from the inventory and notification requirements
for SDARS terrestrial repeaters.
C. Notification and Cooperation Requirements
61. The Commission declined to revisit the duty to cooperate
requirement imposed on WCS licensees in Sec. 27.72(e) of the
Commission's rules and maintained the existing language of the rule.
The existing language requires WCS licensees to provide SDARS licensees
with ``as much lead time as practicable to provide ample time to
conduct analyses and opportunity for prudent base station site
selection prior to WCS licensees entering into real estate and tower
leasing or purchasing agreements.'' Although the WCS Coalition argued
that the additional language is unnecessary where the risk of
interference is small, the purpose of the rule itself is to allow
licensees to determine the risk of interference as early as practicable
in the site selection process so that changes can be made if potential
harmful interference is found. Thus, the Commission decided that it
does not serve the purpose of the rule to remove requirements that
allow sufficient time to conduct interference analyses and allow time
to modify the site selection, if necessary.
62. The Commission agreed with the WCS Coalition, however, that the
notice and duty to cooperate obligations between SDARS and WCS
licensees should be parallel. To make the obligations parallel, it
modified the duty to cooperate obligations for SDARS licensees to match
the obligation for WCS licensees. The Commission disagreed with Sirius
XM that the record in this proceeding demonstrates that risks of
interference from WCS stations to SDARS operations are higher than the
risks of interference from SDARS repeaters to WCS operations, and thus
impose a greater duty to cooperate on WCS licensees than on SDARS
licensees. Accordingly, it amended Sec. 25.263(e) to add a requirement
that SDARS licensees should provide WCS licensees as much lead time as
practicable to provide ample time to conduct analyses and opportunity
for prudent repeater site selection prior to SDARS licensees entering
into real estate and tower leasing or purchasing agreements.
63. Because the Commission agreed that the notice and duty to
cooperate obligations between SDARS and WCS licensees should be
parallel, it modified the notice requirements for SDARS repeaters to
permit SDARS licensees to modify existing facilities, other than
changes in location, without prior notice so long as the change does
not increase the predicted PFD at ground level by more than 1 dB and
notice of the modification is provided within 24 hours of deployment.
At the request of WCS licensees, the Commission also adopted this
revision to the notice obligations for WCS licensees. It saw no reason
why a parallel revision should not be made for SDARS repeaters and
amend the notice requirements of Sec. 25.263(b) accordingly. However,
multiple modifications to SDARS terrestrial repeaters could result in a
predicted aggregate PFD increase that may negatively affect WCS
receivers. To avoid such a result, although an SDARS licensee may make
24-hour post-modification notifications as long as the predicted PFD
increase at ground level is not greater than 1 dB, if a WCS licensee
demonstrates to the SDARS licensee that the series of modifications
using post-modification notification procedures may cause harmful
interference to WCS receivers, the SDARS licensee must provide the WCS
licensee with 5-business days notice in advance of additional
modifications to SDARS terrestrial repeaters. However, the 1 dB limit
will not apply where a coordination agreement between the parties
specifies otherwise.
64. In addition, the Commission ordered Sirius XM to provide
potentially affected WCS licensees an inventory of its terrestrial
repeater infrastructure, including the information set forth in Sec.
25.263 for each repeater currently deployed, within 30 days of the
publication of a summary of this Order on Reconsideration in the
Federal Register. It agreed with the WCS Coalition that such a
requirement is consistent with the intent of the SDARS 2nd R&O. For the
purpose of this requirement, the definition of ``potentially affected
WCS licensee'' is the same as that used in Sec. 25.263(b)(1) of the
Commission's rules.
65. Finally, the Commission emphasized that cooperation between
SDARS and WCS licensees is critical to the successful coexistence
between SDARS and WCS systems, and encouraged SDARS licensees to
develop and enter into separate coordination agreements with WCS
licensees for interference mitigation. Therefore, it revised Sec.
25.263(b)(3) to incorporate the AT&T/Sirius XM proposed language
encouraging the adoption of coordination agreements by WCS and SDARS.
To the extent any provision of a coordination agreement between parties
to mutually resolve harmful interference conflicts with other
information sharing requirements adopted in this proceeding, the
parties are obligated to follow the procedures established under the
agreement. The Commission also added a provision to Sec. 25.263(b) to
make clear that SDARS and WCS are able to enter into agreements
regarding the logistics of information exchanges, and it encouraged
parties to implement measures to streamline the process to the extent
possible.
IV. Procedural Matters
A. Supplemental Final Regulatory Flexibility Analysis in WT Docket No.
07-293
66. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ Initial Regulatory Flexibility Analyses (IRFAs) were
incorporated in the Notice of Proposed Rulemaking (2007 Notice) \2\ and
the WCS Performance Public Notice \3\ in WT Docket No. 07-293. The
Commission sought written public comment on the
[[Page 9616]]
proposals in the 2007 Notice and WCS Performance Public Notice,
including comment on the IRFAs. In addition, a Final Regulatory
Flexibility Analysis (FRFA) was incorporated in the Report and Order in
WT Docket No. 07-293 (2010 WCS R&O).\4\ This present Supplemental Final
Regulatory Flexibility Analysis (Supplemental FRFA) for the Order on
Reconsideration conforms to the RFA.\5\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601--612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See Amendment of part 27 of the Commission's Rules to Govern
the Operation of Wireless Communications Services in the 2.3 GHz
Band and Establishment of Rules and Policies for the Digital Audio
Radio Satellite Service in the 2310-2360 MHz Frequency Band, Notice
of Proposed Rulemaking and Second Further Notice of Proposed
Rulemaking, WT Docket No. 07-293 and IB Docket No. 95-91, 73 FR 2437
(January 15, 2008) (``2007 Notice'').
\3\ See ``Federal Communications Commission Requests Comment on
Revision of Performance Requirements for 2.3 GHz Wireless
Communications Service,'' WT Docket No. 07-293, Public Notice, 75 FR
17349 (April 6, 2010) (``WCS Performance Public Notice'').
\4\ See Amendment of part 27 of the Commission's Rules to Govern
the Operation of Wireless Communications Services in the 2.3 GHz
Band, WT Docket No. 07-293, Establishment of Rules and Policies for
the Digital Audio Radio Satellite Service in the 2310-2360 MHz Band,
IB Docket No. 95-91, GEN Docket No. 90-357, RM-8610, Report and
Order and Second Report and Order, 75 FR 45058 (April 2, 2010)
(``2010 WCS R&O and SDARS 2nd R&O'').
\5\ See 5 U.S.C. 604.
---------------------------------------------------------------------------
67. Need for, and Objectives of, the Order on Reconsideration. The
Order on Reconsideration responded to petitions for reconsideration of
the Report and Order adopting service rules for the Wireless
Communications Service (WCS) in the 2305-2320 MHz and 2345-2360 MHz
bands (2.3 GHz WCS bands). The need for and objectives of the rules
adopted in this Order on Reconsideration are the same as those
discussed in the FRFA for the Report and Order. In the Report and
Order, the Commission took a number of steps to facilitate deployment
of mobile broadband products and services in the 2305-2320 MHz and
2345-2360 MHz Wireless Communications Service (WCS) bands, while
safeguarding from harmful interference satellite radio services, which
are provided in the interstitial 2320-2345 MHz Satellite Digital Radio
Service (SDARS) band. In the 2010 WCS R&O, the Commission adopted
provisions to establish a permanent regulatory framework for the co-
existence of WCS and SDARS operations in the 2305-2360 MHz band while
limiting the WCS's potential to cause harmful interference (i.e.,
interference which seriously degrades, obstructs, or repeatedly
interrupts a radiocommunication service) to other adjacent bands
services. Specifically, the Commission revised certain power and out-
of-band emissions (OOBE) rules applicable to WCS licensees.
68. On reconsideration, the Commission took the following actions:
(1) Established maximum design ground power level targets for WCS base
and fixed station operations to define harmful interference on roadways
and serve as triggers for interference resolution if exceeded and
harmful interference (i.e., muting) to SDARS operations occurs; (2)
eliminated the frequency band restrictions on WCS FDD base station
operations; (3) relax the restrictions on low-power fixed WCS customer
premises equipment (CPE) (average equivalent isotropically radiated
power (EIRP) less than 2 Watts) outdoor and outdoor antenna use under
certain circumstances; (3) eliminated the duty cycle limits for WCS
mobile and portable devices and fixed WCS CPE using FDD technology; (4)
eliminated the power spectral density (PSD) limit for WCS mobile and
portable devices using appropriate uplink protocols (e.g., 3rd
Generation Partnership Project (3GPP) Long Term Evolution (LTE)); (5)
restricted WCS mobile and portable device transmissions in all portions
of WCS Blocks C and D; (6) encouraged WCS licensees to enter into
coordination agreements with SDARS licensees to facilitate efficient
deployment of and coexistence between each service; (7) required
notification of WCS fixed stations to SDARS licensees; (8) require
coordination of WCS fixed stations with aeronautical mobile telemetry
(AMT) entities and NASA's Deep Space Network facility in Goldstone,
California; (9) allowed post notification to SDARS licensees within 24
hours for minor WCS station modifications (other than location changes)
so long as the ground level power flux density is not increased by more
than 1 dB; 10) exclude WCS stations operating under 2 Watts EIRP from
the WCS inventory and notification requirements. The Commission
affirmed its decisions in the 2010 WCS R&O to not establish guard bands
near the SDARS band for fixed WCS CPE. It also affirmed its decision to
prohibit FDD WCS mobile and portable devices from transmitting in the
2345-2360 MHz band, and affirmed the OOBE limits for WCS mobile and
portable devices and duty cycle limit for WCS mobile and portable
devices and fixed WCS CPE using time division duplexing (TDD)
technology adopted in the 2010 WCS R&O. Finally, the Commission
restarted and extended, by six months, the period within which
licensees must satisfy the WCS performance requirements.
69. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. No comments were received in response to the
IRFAs in the 2007 Notice and the WCS Performance Public Notice.
70. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply. The RFA directs agencies to provide a
description of and, where feasible, an estimate of the number of small
entities that may be affected by the rules adopted. The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A small business concern is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). A small organization is generally
``any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.'' Below, the Commission
further describes and estimates the number of small entity licensees
and regulatees that may be affected by the rules changes adopted in the
Order on Reconsideration.
71. 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 phone services,
paging services, wireless Internet access, and wireless video services.
The appropriate size standard under SBA rules is for the category
Wireless Telecommunications Carriers. The size standard for that
category is that a business is small if it has 1,500 or fewer
employees. Under the present and prior categories, the SBA has deemed a
wireless business to be small if it has 1,500 or fewer employees. For
this category, census data for 2007 show that there were 11,163 firms
that operated for the entire year. Of this total, 10,791 firms had
employment of 999 or fewer employees and 372 had employment of 1000
employees or more. Thus under this category and the associated small
business size standard, the Commission estimates that the majority of
wireless telecommunications carriers (except satellite) are small
entities that may be affected by our proposed action.
72. WCS Licensees. The Wireless Communication Service in the 2305-
2320 MHz and 2345-2360 MHz frequency bands has flexible rules that
permit licensees in this service to provide fixed, mobile, portable,
and radiolocation services. Licensees are also permitted to provide
satellite digital audio radio services. The SBA rules establish a size
standard for ``Wireless Telecommunications Carriers,'' which
encompasses business entities engaged in radiotelephone communications
employing no more
[[Page 9617]]
than 1,500 persons. There are currently 155 active WCS licenses held by
10 licensees. Of these, 7 licensees qualify as small entities and hold
a total of 50 licenses.
73. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. The Census Bureau defines this category as
follows: ``This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has developed a small business size
standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: all such firms having
750 or fewer employees. According to Census Bureau data for 2007, there
were a total of 939 establishments in this category that operated for
part or all of the entire year. According to Census bureau data for
2007, there were a total of 939 firms in this category that operated
for the entire year. Of this total, 912 had less than 500 employees and
17 had more than 1,000 employees. Thus, under that size standard, the
majority of firms can be considered small.
74. Audio and Video Equipment Manufacturing. The SBA has classified
the manufacturing of audio and video equipment under in NAICS Codes
classification scheme as an industry in which a manufacturer is small
if it has less than 750 employees. Data contained in the 2007 U.S.
Census indicate that 491 establishments operated in that industry for
all or part of that year. In that year, 456 establishments had 99
employees or less; and 35 had more than 100 employees. Thus, under the
applicable size standard, a majority of manufacturers of audio and
video equipment may be considered small.
75. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities. The Order on
Reconsideration imposed certain changes in projected reporting, record
keeping, and other compliance requirements. These changes affect small
and large companies equally. With respect to coordination requirements
in circumstances where WCS licensees are within certain distances from
aeronautical mobile telemetry (AMT) and the Deep Space Network (DSN)
operations in Goldstone, CA, the Order on Reconsideration clarifies
that WCS licensees are required to coordinate WCS base and fixed
stations (except fixed WCS CPE) with AMT and DSN entities. WCS, AMT,
and DSN entities are required to cooperate in good faith in order to
minimize the likelihood of harmful interference, make the most
effective use of facilities, as well as to resolve actual instances of
harmful interference. Coordinating parties are also required to share
accurate and relevant information in a timely and efficient manner.
Parties unable to reach a mutually acceptable coordination agreement
may approach the Wireless Telecommunications Bureau, which, in
cooperation with the Office of Engineering and Technology and the
National Telecommunications and Information Administration (NTIA), may
impose restrictions on operating parameters such as the transmitter
power, antenna height, or area or hours of operation of the stations.
Deadlines may also be imposed if it appears that parties are unable to
reach a mutually acceptable arrangement within a reasonable time
period.
76. In the 2010 WCS R&O, the Commission also required WCS and SDARS
licensees to share certain technical information at least 10 business
days before operating a new base station or repeater, and at least five
business days before modifying an existing facility. The Order on
Reconsideration excludes WCS stations operating under 2 Watts
equivalent isotropically radiated power (EIRP) from the inventory and
notification requirements. It also requires WCS licensees to notify
SDARS licensees within 24 hours of station modifications that would not
increase the predicted ground level power flux density by more than 1
dB. To avoid multiple modifications to WCS stations that could result
in a predicted aggregate PFD increase that may negatively affect SDARS
receivers, although WCS licensees may make 24 hour post modification
notifications as long as the predicted PFD increase at ground level is
not greater than 1 dB, if an SDARS licensee demonstrates to the WCS
licensee that the series of modifications using post-modification
notification procedures may cause harmful interference to SDARS
receivers, the WCS licensee must provide the SDARS licensee with 5 days
notice in advance of additional modifications to WCS base and fixed
stations. However, the 1 dB limit will not apply where a coordination
agreement between the parties specifies otherwise. The Order on
Reconsideration also clarified that the WCS licensee inventory and
SDARS licensee notification requirements apply to both WCS base and
fixed stations (except fixed WCS CPE).
77. The 2010 WCS R&O requires that WCS licensees demonstrate
compliance with any revised performance requirements by filing a
construction notification within 15 days of the relevant benchmark and
certifying that they have met the applicable performance requirements.
The 2010 WCS R&O requires that each construction notification should
include electronic coverage maps and supporting documentation, which
must be truthful and accurate and must not omit material information
that is necessary for the Commission to determine compliance with its
performance requirements. Further, the electronic coverage maps must
clearly and accurately depict the boundaries of each license area
(Regional Economic Area Grouping, REAG, or Major Economic Area, MEA) in
the licensee's service territory, with REAG maps depicting MEA
boundaries, and MEA maps depicting Economic Area boundaries. The 2010
WCS R&O provides that if the licensee's signal does not provide service
to the entire license area, the map must clearly and accurately depict
the boundaries of the area or areas within each license area not being
served. These procedures direct each licensee to file supporting
documentation certifying the type of service it is providing for each
REAG or MEA within its license service territory and the type of
technology it is utilizing to provide such service. Further, the
compliance procedures require the supporting documentation to provide
the assumptions used to create the coverage maps, including the
propagation model and the signal strength necessary to provide service
with the licensee's technology. The Order on Reconsideration did not
modify any of these requirements.
78. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The RFA requires an
agency to describe any significant alternatives that it has considered
in reaching its proposed approach, which may include the following four
alternatives: (1) The establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) the clarification,
consolidation, or simplification of compliance or reporting
requirements under the rule for small entities; (3) the use of
performance, rather than design
[[Page 9618]]
standards; and (4) an exemption from coverage of the rule, or any part
thereof, for small entities.
79. The Commission's principal objective in this proceeding was to
enable the provision of promising mobile broadband services to the
public in the WCS spectrum to the maximum extent practicable, while
ensuring that satellite radio operations are not unreasonably impacted
by the Commission's actions. Adopting overly stringent technical rules
for WCS to protect SDARS operations from interference would preclude
WCS mobile operation, while liberalizing the WCS rules too much would
result in harmful interference and disruption to SDARS service. Such
results would cause significant adverse economic impact on either WCS
licensees, which include small entities, or on SDARS operations.
Accordingly, the Commission considered various alternatives, in order
to best provide WCS licensees, including small-entity WCS licensees,
with the flexibility to provide mobile service, while also protecting
against disruptions to SDARS operations due to harmful interference.
80. The Order on Reconsideration adopted a package of compromise
proposals from WCS licensee AT&T Inc. and SDARS operator Sirius XM
Radio Inc. that were designed to facilitate the efficient deployment
and coexistence of the WCS and SDARS and protect adjacent SDARS
operator Sirius XM Radio Inc. and AMT users, and nearby DSN operations,
from harmful interference.
81. WCS Mobile and Portable (Handheld) Device Power Spectral
Density (PSD) Limits. The Order on Reconsideration eliminated the 50
milliwatt per megahertz PSD limit for WCS mobile and portable devices
that operate with bandwidths greater than or equal to 5 megahertz and
using appropriate uplink (user device to base station) transmission
technologies. Because the uplink (user device to base station)
transmission technologies being considered for mobile broadband service
in the WCS spectrum spread the signal power across the available
bandwidth, eliminating the PSD limit for these devices will not
increase the potential for harmful interference to SDARS receivers. In
addition, without a PSD limit for WCS mobile devices, WCS licensees
will not be forced to increase the number of cell sites (i.e., base
stations installed) to ensure adequate service, which would make it
economically unfeasible to deploy a WCS mobile network.
82. WCS Performance Requirements. Further, in the 2010 WCS R&O, the
Commission adopted revised performance requirements for WCS. The
Commission adopted enhanced construction rules that replaced the
substantial service requirement previously placed on WCS licensees with
specific population-based benchmarks. In recognition of difficulties
that may arise in license areas where WCS licensees must coordinate
their facilities with AMT receive sites, the 2010 WCS R&O reduced the
level of construction required in such markets. The Commission sought
to establish a buildout requirement that is reasonable and achievable
for WCS licensees, including small entities, but which encourages rapid
and meaningful deployment of mobile broadband services. The Commission
considered alternative performance benchmarks, including requirements
using shorter timeframes, and lower percentages of required
construction. However, the Commission concluded that other alternatives
would not strike the appropriate balance. Further, with respect to the
performance rules, all WCS entities are required to file construction
notifications to inform the Commission that they have successfully met
the performance requirements described above. The Order on
Reconsideration extended the time period within which licensees must
meet the WCS interim and final performance requirements to 48- and 78-
months, respectively. Further, because certain technical specifications
established in the 2010 WCS R&O may have inadvertently hindered the
ability of licensees to deploy mobile broadband services, the Order on
Reconsideration restarted the construction periods to provide WCS
licensees with the full 48- and 78 month construction timeframes to
enable licensees to respond to the revisions the Commission made to the
2.3 GHz WCS rules.
83. Report to Congress. The Commission will send a copy of the
Order on Reconsideration, including this Supplemental FRFA, in a report
to be sent to Congress pursuant to the Congressional Review Act. In
addition, the Commission will send a copy of the Order on
Reconsideration, including this Supplemental FRFA, to the Chief Counsel
for Advocacy of the SBA.
B. Supplemental Final Regulatory Certification in IB Docket No. 95-91
84. The Regulatory Flexibility Act of 1980, as amended (RFA)
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' The RFA generally defines ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A small business
concern is one which: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).
85. The rules adopted in this Order on Reconsideration affect
providers of Satellite Digital Audio Radio Service (SDARS). With
respect to providers of SDARS, i.e. providers of a nationally
distributed subscription radio service, no small entities are affected
by the rules adopted in this Order on Reconsideration. SDARS is a
satellite service. The SBA has established a size standard for
``Satellite Telecommunications,'' which is that any large satellite
services provider must have an annual revenue of $15.0 million.
Currently, only a single operator, Sirius XM Radio Inc. (``Sirius
XM''), holds licenses to provide SDARS, which requires a great
investment of capital for operation. Sirius XM has annual revenues in
excess of $15.0 million. Because SDARS requires significant capital, we
believe it is unlikely that a small entity as defined by the Small
Business Administration would have the financial wherewithal to become
an SDARS licensee.
86. Therefore, since only one large entity is affected by the rules
adopted in this Order on Reconsideration, we certify that the
requirements of the Order on Reconsideration will not have a
significant economic impact on a substantial number of small entities.
The Commission will send a copy of the Order on Reconsideration,
including a copy of this final certification, in a report to Congress
pursuant to the Small Business Regulatory Enforcement Fairness Act of
1996, see 5 U.S.C. 801(a)(1)(A). In addition, the Order on
Reconsideration and this certification will be sent to the Chief
Counsel for Advocacy of the Small Business Administration, and will be
published in the Federal Register. See 5 U.S.C. 605(b).
C. Congressional Review Act
87. The Commission will send a copy of this Order on
Reconsideration in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
[[Page 9619]]
V. Ordering Clauses
88. Pursuant to Sec. Sec. 4(i), 7(a), 303(c), 303(f), 303(g), and
303(r), and 307 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 157(a), 303(c), 303(f), 303(g), 303(r), 307, the Order
on Reconsideration in WT Docket No. 07-293 and IB Docket No. 95-91 is
hereby adopted.
89. The rule revisions adopted herein will become effective March
13, 2013, except for Sec. Sec. 25.263(b), 27.72(b), and 27.73(a),
which contain new or modified information collection requirements that
require approval by the Office of Management and Budget under the
Paperwork Reduction Act and will become effective after the Commission
publishes a notice in the Federal Register announcing approval of the
effective date.
90. ARRL's Petition for Clarification or Partial Reconsideration,
filed September 1, 2010, is granted in part and denied in part, to the
extent provided herein.
91. AT&T, Inc.'s Petition for Partial Reconsideration, filed
September 1, 2010, is granted in part and denied in part, to the extent
provided herein.
92. Sirius XM's Petition for Partial Reconsideration and
Clarification, filed September 1, 2010, is granted in part and denied
in part, to the extent provided herein.
93. Stratos' Petition for Clarification, filed September 1, 2010,
IS GRANTED, to the extent provided herein.
94. WCS Coalition's Petition for Partial Reconsideration, filed
September 1, 2010, is granted in part and denied in part, to the extent
provided herein.
95. WCS licensees are hereby directed to provide Sirius XM with an
inventory of their fixed (except fixed Customer Premises Equipment)
station infrastructure within March 13, 2013, of this Order on
Reconsideration in the Federal Register.
96. Sirius XM is hereby directed to provide potentially affected
WCS licensees with an inventory of its terrestrial repeater
infrastructure, including the information set forth in Sec.
25.263(c)(2) for each repeater currently deployed, within March 13,
2013, of this Order on Reconsideration in the Federal Register.
97. The performance periods for licensees in the Wireless
Communications Service are hereby reset and will recommence beginning
30 days after a summary of the Order on Reconsideration is published in
the Federal Register.
98. Pursuant to Sec. Sec. 4(i) and 308 of the Communications Act
of 1934, 47 U.S.C. 154, 308, and Sec. 1.946 of the Commission's rules,
47 CFR 1.946, that to obtain a renewal expectancy at their July 21,
2017 renewal deadline, each 2.3 GHz Wireless Communications Service
licensee must certify, for each license area, that they have
maintained, or exceeded, the level of coverage demonstrated for that
license area at the 48-month construction deadline. This certification
requirement and renewal standard are subject to any superseding or
additional requirements or standards that the Commission may adopt in
its ongoing rulemaking proceeding to harmonize the renewal requirements
and standards for Wireless Radio Services, WT Docket No. 10-112.
99. The Consumer and Governmental Affairs Bureau, Reference
Information Center, shall send a copy of this Order on Reconsideration,
including the Supplemental Final Regulatory Flexibility Analysis and
the Supplemental Final Regulatory Flexibility Certification, to the
Chief Counsel for Advocacy of the Small Business Administration.
100. The Commission SHALL SEND a copy of this Order on
Reconsideration, including the Supplemental Final Regulatory
Flexibility Analysis and Supplemental Final Regulatory Flexibility
Certification, in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 25
Communications common carriers, Communications equipment, Radio,
Reporting and recordkeeping requirements, Satellites,
Telecommunications.
47 CFR Part 27
Communications common carriers, Communications equipment,
Incorporation by reference, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.
Rule Changes
For the reasons discussed, the Federal Communications Commission
amends 47 CFR parts 25 and 27 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 is revised to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies sections 4,
301, 302, 303, 307, 309, and 332 of the Communications Act, as
amended, 47 U.S.C. 154, 301, 302a, 303, 307, 309, and 332, unless
otherwise noted.
0
2. Section 25.202 is amended by revising paragraph (h)(4) introductory
text to read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission
limitations.
* * * * *
(h)* * *
(4) For the purpose of this section, a WCS licensee is potentially
affected if it is authorized to operate a base station in the 2305-2315
MHz or 2350-2360 MHz bands within 25 kilometers of a repeater seeking
to operate with an out of band emission attenuation factor less than
those prescribed in paragraphs (h)(1) or (2) of this section.
* * * * *
0
3. Section 25.214 is amended by revising paragraph (d)(3) to read as
follows:
Sec. 25.214 Technical requirements for space stations in the
satellite digital audio radio service and associated terrestrial
repeaters.
* * * * *
(d)* * *
(3) For the purpose of this section, a WCS licensee is potentially
affected if it is authorized to operate a base station in the 2305-2315
MHz or 2350-2360 MHz bands within 25 kilometers of a repeater seeking
to operate with a power level greater than that prescribed in paragraph
(d)(1) of this section.
0
4. Section 25.263 is amended by revising the first sentence of
paragraph (b) introductory text, revising paragraph (b)(1)(ii), adding
paragraphs (b)(3) through (6), and revising paragraph (e) to read as
follows:
Sec. 25.263 Information sharing requirements for SDARS terrestrial
repeater operators.
* * * * *
(b) Notice requirements. SDARS licensees that intend to operate a
new terrestrial repeater must, before commencing such operation,
provide 10 business days prior notice to all potentially affected
Wireless Communications Service (WCS) licensees. * * *
(1) * * *
(ii) Is authorized to operate base station in the 2315-2320 MHz or
2345-2350 MHz bands in the same Regional Economic Area Grouping (REAG)
as that in which the terrestrial repeater is to be located;
* * * * *
(3) For modifications other than changes in location, a licensee
may provide notice within 24 hours after the modified operation if the
modification does not result in a predicted increase
[[Page 9620]]
of the power flux density (PFD) at ground level by more than 1 dB since
the last advance notice was given. If a demonstration is made by the
WCS licensee that such modifications may cause harmful interference to
WCS receivers, SDARS licensees will be required to provide notice 5
business days in advance of additional repeater modifications.
(4) SDARS repeaters operating below 2 watts equivalent
isotropically radiated power (EIRP) are exempt from the notice
requirements set forth in this paragraph.
(5) SDARS licensees are encouraged to develop separate coordination
agreements with WCS licensees to facilitate efficient deployment of and
coexistence between each service. To the extent the provisions of any
such coordination agreement conflict with the requirements set forth
herein, the procedures established under a coordination agreement will
control. SDARS licensees must maintain a copy of any coordination
agreement with a WCS license in their station files and disclose it to
prospective assignees, transferees, or spectrum lessees and, upon
request, to the Commission.
(6) SDARS and WCS licensees may enter into agreements regarding
alternative notification procedures.
* * * * *
(e) Duty to cooperate. SDARS licensees must cooperate in good faith
in the selection and use of new repeater sites to reduce interference
and make the most effective use of the authorized facilities. SDARS
licensees should provide WCS licensees as much lead time as practicable
to provide ample time to conduct analyses and opportunity for prudent
repeater site selection prior to SDARS licensees entering into real
estate and tower leasing or purchasing agreements. Licensees of
stations suffering or causing harmful interference must cooperate in
good faith and resolve such problems by mutually satisfactory
arrangements. If the licensees are unable to do so, the International
Bureau, in consultation with the Office of Engineering and Technology
and the Wireless Telecommunications Bureau, will consider the actions
taken by the parties to mitigate the risk of and remedy any alleged
interference. In determining the appropriate action, the Bureau will
take into account the nature and extent of the interference and act
promptly to remedy the interference. The Bureau may impose restrictions
on SDARS licensees, including specifying the transmitter power, antenna
height, or other technical or operational measures to remedy the
interference, and will take into account previous measures by the
licensees to mitigate the risk of interference.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
5. The authority citation for part 27 is revised to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
and 337, unless otherwise noted.
0
6. Section 27.14 is amended by revising paragraphs (p)(1), (2), (3),
and (5) to read as follows:
Sec. 27.14 Construction requirements; Criteria for renewal.
* * * * *
(p) * * *
(1) For mobile and point-to-multipoint systems in Blocks A and B,
and point-to-multipoint systems in Blocks C and D, a licensee must
provide reliable signal coverage and offer service to at least 40
percent of the license area's population by March 13, 2017, and to at
least 75 percent of the license area's population by September 13,
2019. If, when filing the construction notification required under
Sec. 1.946(d) of this chapter, a WCS licensee demonstrates that 25
percent or more of the license area's population for Block A, B or D is
within a coordination zone as defined by Sec. 27.73(a) of the rules,
the foregoing population benchmarks are reduced to 25 and 50 percent,
respectively. The percentage of a license area's population within a
coordination zone equals the sum of the Census Block Centroid
Populations within the area, divided by the license area's total
population.
(2) For point-to-point fixed systems, except those deployed in the
Gulf of Mexico license area, a licensee must construct and operate a
minimum of 15 point-to-point links per million persons (one link per
67,000 persons) in a license area by March 13, 2017, and 30 point-to-
point links per million persons (one link per 33,500 persons) in a
licensed area by September 13, 2019. The exact link requirement is
calculated by dividing a license area's total population by 67,000 and
33,500 for the respective milestones, and then rounding upwards to the
next whole number. For a link to be counted towards these benchmarks,
both of its endpoints must be located in the license area. If only one
endpoint of a link is located in a license area, it can be counted as a
one- half link towards the benchmarks.
(3) For point-to-point fixed systems deployed on any spectrum block
in the Gulf of Mexico license area, a licensee must construct and
operate a minimum of 15 point-to-point links by March 13, 2017, and a
minimum of 15 point-to-point links by September 13, 2019.
* * * * *
(5) If an initial authorization for a license area is granted after
March 13, 2013, then the applicable benchmarks in paragraphs (p)(1),
(2) and (3) of this section must be met within 48 and 78 months,
respectively, of the initial authorization grant date.
* * * * *
0
7. Section 27.50 is amended by removing paragraph (a)(1)(iii) and
revising paragraphs (a)(2) and (3) to read as follows:
Sec. 27.50 Power limits and duty cycle.
(a) * * *
(2) Fixed customer premises equipment stations. For fixed customer
premises equipment (CPE) stations transmitting in the 2305-2320 MHz
band or in the 2345-2360 MHz band, the peak EIRP must not exceed 20
watts within any 5 megahertz of authorized bandwidth. Fixed CPE
stations transmitting in the 2305-2320 MHz band or in the 2345-2360 MHz
band must employ automatic transmit power control when operating so the
stations operate with the minimum power necessary for successful
communications. The use of outdoor antennas for CPE stations or outdoor
CPE station installations operating with 2 watts per 5 megahertz or
less average EIRP using the stepped emissions mask prescribed in Sec.
27.53(a)(3) is prohibited except if professionally installed in
locations removed by 20 meters from roadways or in locations where it
can be shown that the ground power level of -44 dBm in the A or B
blocks or -55 dBm in the C or D blocks will not be exceeded at the
nearest road location. The use of outdoor antennas for fixed CPE
stations operating with 2 watts per 5 megahertz or less average EIRP
and the emissions mask prescribed in Sec. 27.53(a)(1)(i) through (iii)
is permitted in all locations. For fixed WCS CPE using TDD technology,
the duty cycle must not exceed 38 percent;
(3) Mobile and portable stations. (i) For mobile and portable
stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz
band, the average EIRP must not exceed 50 milliwatts within any 1
megahertz of authorized bandwidth, except that for mobile and portable
stations compliant with 3GPP LTE standards or another advanced mobile
broadband protocol that avoids concentrating energy at the edge of the
operating band the average
[[Page 9621]]
EIRP must not exceed 250 milliwatts within any 5 megahertz of
authorized bandwidth but may exceed 50 milliwatts within any 1
megahertz of authorized bandwidth. For mobile and portable stations
using time division duplexing (TDD) technology, the duty cycle must not
exceed 38 percent in the 2305-2315 MHz and 2350-2360 MHz bands. Mobile
and portable stations using FDD technology are restricted to
transmitting in the 2305-2315 MHz band. Power averaging shall not
include intervals in which the transmitter is off.
(ii) Mobile and portable stations are not permitted to transmit in
the 2315-2320 MHz and 2345-2350 MHz bands.
(iii) Automatic transmit power control. Mobile and portable
stations transmitting in the 2305-2315 MHz band or in the 2350-2360 MHz
band must employ automatic transmit power control when operating so the
stations operate with the minimum power necessary for successful
communications.
(iv) Prohibition on external vehicle-mounted antennas. The use of
external vehicle-mounted antennas for mobile and portable stations
transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band is
prohibited.
* * * * *
0
8. Section 27.53 is amended by revising paragraphs (a)(1)(i) through
(iii), (a)(2)(i) through (iii), and (a)(3) through (5) to read as
follows:
Sec. 27.53 Emission limits.
(a) * * *
(1) * * *
(i) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2305 and 2320 MHz and on all frequencies between
2345 and 2360 MHz that are outside the licensed band(s) of operation,
and not less than 75 + 10 log (P) dB on all frequencies between 2320
and 2345 MHz;
(ii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all
frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all
frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below
2285 MHz;
(iii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all
frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all
frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all
frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above
2370 MHz.
(2) * * *
(i) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2305 and 2320 MHz and on all frequencies between
2345 and 2360 MHz that are outside the licensed band(s) of operation,
and not less than 75 + 10 log (P) dB on all frequencies between 2320
and 2345 MHz;
(ii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all
frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all
frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below
2285 MHz;
(iii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all
frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all
frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all
frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above
2370 MHz.
(3) For fixed CPE stations operating in the 2305-2320 MHz and 2345-
2360 MHz bands transmitting with 2 watts per 5 megahertz average EIRP
or less:
(i) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2305 and 2320 MHz and on all frequencies between
2345 and 2360 MHz that are outside the licensed band(s) of operation,
not less than 55 + 10 log (P) dB on all frequencies between 2320 and
2324 MHz and between 2341 and 2345 MHz, not less than 61 + 10 log (P)
dB on all frequencies between 2324 and 2328 MHz and between 2337 and
2341 MHz, and not less than 67 + 10 log (P) dB on all frequencies
between 2328 and 2337 MHz;
(ii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all
frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all
frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all
frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below
2288 MHz;
(iii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log
(P) dB above 2365 MHz.
(4) For mobile and portable stations operating in the 2305-2315 MHz
and 2350-2360 MHz bands:
(i) By a factor of not less than: 43 + 10 log (P) dB on all
frequencies between 2305 and 2320 MHz and on all frequencies between
2345 and 2360 MHz that are outside the licensed band(s) of operation,
not less than 55 + 10 log (P) dB on all frequencies between 2320 and
2324 MHz and on all frequencies between 2341 and 2345 MHz, not less
than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz
and on all frequencies between 2337 and 2341 MHz, and not less than 67
+ 10 log (P) dB on all frequencies between 2328 and 2337 MHz;
(ii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all
frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all
frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all
frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below
2288 MHz;
(iii) By a factor of not less than 43 + 10 log (P) dB on all
frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log
(P) dB above 2365 MHz.
(5) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 1 MHz or greater. However, in the 1 MHz bands immediately outside
and adjacent to the channel blocks at 2305, 2310, 2315, 2320, 2345,
2350, 2355, and 2360 MHz, a resolution bandwidth of at least 1 percent
of the emission bandwidth of the fundamental emission of the
transmitter may be employed. A narrower resolution bandwidth is
permitted in all cases to improve measurement accuracy provided the
measured power is integrated over the full required measurement
bandwidth (i.e., 1 MHz). The emission bandwidth is defined as the width
of the signal between two points, one below the carrier center
frequency and one above the carrier center frequency, outside of which
all emissions are attenuated at least 26 dB below the transmitter
power.
* * * * *
0
9. Section 27.64 is amended by adding paragraph (d) to read as follows:
Sec. 27.64 Protection from interference.
* * *
(d) Harmful interference to SDARS operations requiring resolution.
The following conditions will be presumed to constitute harmful
interference to SDARS operations from WCS operations in the 2305-2320
MHz and 2345-2360 MHz bands and require WCS operators to work
cooperatively with SDARS operators to address areas where such power
levels are exceeded and harmful interference occurs:
(1) A WCS ground signal level greater than -44 dBm in the upper or
lower A or B block, or -55 dBm in the C or D block, present at a
location on a roadway, where a test demonstrates that
[[Page 9622]]
SDARS service would be muted over a road distance of greater than 50
meters; or
(2) A WCS ground signal level exceeding -44 dBm in the upper or
lower A or B block, or -55 dBm in the C or D block on a test drive
route, which is mutually agreed upon by the WCS licensee and the SDARS
licensee, for more than 1 percent of the cumulative surface road
distance on that drive route, where a test demonstrates that SDARS
service would be muted over a cumulative road distance of greater than
0.5 percent (incremental to any muting present prior to use of WCS
frequencies in the area of that drive test).
0
10. Section 27.72 is amended by revising the introductory text,
paragraphs (a), (b), (c)(2)(i), (c)(3), and (e) to read as follows:
Sec. 27.72 Information sharing requirements.
This section requires WCS licensees in the 2305-2320 MHz and 2345-
2360 MHz bands to share information regarding the location and
operation of base and fixed stations (except fixed customer premises
equipment) with Satellite Digital Audio Radio Service (SDARS) licensees
in the 2320-2345 MHz band. Section 25.263 of this chapter requires
SDARS licensees in the 2320-2345 MHz band to share information
regarding the location and operation of terrestrial repeaters with WCS
licensees in the 2305-2320 MHz and 2345-2360 MHz bands. WCS licensees
are encouraged to develop separate coordination agreements with SDARS
licensees to facilitate efficient deployment of and coexistence between
each service. To the extent the provisions of any such coordination
agreement conflict with the requirements set forth herein, the
procedures established under a coordination agreement will control. WCS
licensees must maintain a copy of any coordination agreement with an
SDARS licensee in their station files and disclose it to prospective
assignees, transferees, or spectrum lessees and, upon request, to the
Commission.
(a) Sites and frequency selections. WCS licensees must select base
and fixed station sites and frequencies, to the extent practicable, to
minimize the possibility of harmful interference to operations in the
SDARS 2320-2345 MHz band.
(b) Prior notice periods. WCS licensees that intend to operate a
base or fixed station must, before commencing such operation, provide
10 business days prior notice to all SDARS licensees. WCS licensees
that intend to modify an existing station must, before commencing such
modified operation, provide 5 business days prior notice to all SDARS
licensees. For the purposes of this section, a business day is defined
by Sec. 1.4(e)(2) of this chapter.
(1) For modifications other than changes in location, a licensee
may provide notice within 24 hours after the modified operation if the
modification does not result in a predicted increase of the power flux
density (PFD) at ground level by more than 1 dB since the last advance
notice was given. If a demonstration is made by the SDARS licensee that
such modifications may cause harmful interference to SDARS receivers,
WCS licensees will be required to provide notice 5 business days in
advance of additional station modifications.
(2) WCS base and fixed stations operating below 2 watts equivalent
isotropically radiated power (EIRP) are exempt from the notice
requirements set forth in this paragraph.
(3) WCS and SDARS licensees may enter into agreements regarding
alternative notification procedures.
(c) * * *
(2) * * *
(i) The coordinates of the proposed base or fixed stations to an
accuracy of no less than 1 second latitude and longitude;
* * * * *
(3) A WCS licensee operating base or fixed stations must maintain
an accurate and up-to-date inventory of its stations, including the
information set forth in Sec. 27.72(c)(2), which shall be available
upon request by the Commission.
* * * * *
(e) Duty to cooperate. WCS licensees must cooperate in good faith
in the selection and use of new station sites and new frequencies to
reduce interference and make the most effective use of the authorized
facilities. WCS licensees should provide SDARS licensees as much lead
time as practicable to provide ample time to conduct analyses and
opportunity for prudent base station site selection prior to WCS
licensees entering into real estate and tower leasing or purchasing
agreements. WCS licensees must have sufficient operational flexibility
in their network design to implement one or more technical solutions to
remedy harmful interference. Licensees of stations suffering or causing
harmful interference, as defined in Sec. 27.64(d), must cooperate in
good faith and resolve such problems by mutually satisfactory
arrangements. If the licensees are unable to do so, the Wireless
Telecommunications Bureau, in consultation with the Office of
Engineering and Technology and the International Bureau, will consider
the actions taken by the parties to mitigate the risk of and remedy any
alleged interference. In determining the appropriate action, the Bureau
will take into account the nature and extent of the interference and
act promptly to remedy the interference. The Bureau may impose
restrictions on WCS licensees, including specifying the transmitter
power, antenna height, or other technical or operational measures to
remedy the interference, and will take into account previous measures
by the licensees to mitigate the risk of interference.
0
11. Section 27.73 is amended by revising the introductory text and
paragraphs (a), (b), and (c) to read as follows:
Sec. 27.73 WCS, AMT, and Goldstone coordination requirements.
This section requires Wireless Communications Services (WCS)
licensees in the 2305-2320 MHz and 2345-2360 MHz bands, respectively,
to coordinate the deployment of base and fixed stations (except fixed
customer premises equipment) with the Goldstone, CA Deep Space Network
(DSN) facility in the 2290-2300 MHz band and with Aeronautical Mobile
Telemetry (AMT) facilities in the 2360-2395 MHz band; and to take all
practicable steps necessary to minimize the risk of harmful
interference to AMT and DSN facilities.
(a) WCS licensees operating base and fixed stations in the 2345-
2360 MHz band must, prior to operation of such stations, achieve a
mutually satisfactory coordination agreement with the AMT entity(ies)
(i.e., FCC licensee(s) and/or Federal operator(s)) for any AMT receiver
facility within 45 kilometers or radio line of sight, whichever
distance is larger, of the intended WCS base or fixed station location.
The coordinator for the assignment of flight test frequencies in the
2360-2390 MHz band, Aerospace and Flight Test Radio Coordination
Council (AFTRCC) or successors of AFTRCC, will facilitate a mutually
satisfactory coordination agreement between the WCS licensee(s) and AMT
entity(ies) for existing AMT receiver sites. The locations of current
Federal and non-Federal AMT receiver sites may be obtained from AFTRCC
at Post Office Box 12822 Wichita, KS 67277-2822, (316) 946-8826, or
successor frequency coordinators of AFTRCC. Such coordination agreement
shall provide protection to existing AMT receiver stations consistent
with International Telecommunication Union (ITU) Recommendation ITU-R
M.1459, ``Protection criteria for telemetry
[[Page 9623]]
systems in the aeronautical mobile service and mitigation techniques to
facilitate sharing with geostationary broadcasting-satellite and
mobile-satellite services in the frequency bands 1 452-1 525 MHz and 2
310-2 360 MHz May 2000 edition,'' adopted May 2000, as adjusted using
generally accepted engineering practices and standards to take into
account the local conditions and operating characteristics of the
applicable AMT and WCS facilities. This ITU document is incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and
approved by the Director of Federal Register. Copies of the
recommendation may be obtained from ITU, Place des Nations, 1211 Geneva
20, Switzerland, or online at http://www.itu.int/en/publications/Pages/default.aspx. You may inspect a copy at the Federal Communications
Commission, 445 12th Street SW., Washington, DC 20554, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www/archives.gov/federal_ register/code--of--federal--
regulations/ibr--locations.html.
(b) WCS licensees operating base and fixed stations in the 2305-
2320 MHz band must, prior to operation of such stations, achieve a
mutually satisfactory coordination agreement with the National
Aeronautics and Space Administration (NASA) within 145 kilometers of
the Goldstone, CA earth station site (35[deg]25'33'' N, 116[deg]53'23''
W).
(c) After base or fixed station operations commence, upon receipt
of a complaint of harmful interference, the WCS licensee(s) receiving
the complaint, no matter the distance from the NASA Goldstone, CA earth
station or from an AMT site, operating in the 2305-2320 or 2345-2360
MHz bands, respectively, shall take all practicable steps to
immediately eliminate the interference.
* * * * *
[FR Doc. 2013-02907 Filed 2-8-13; 8:45 am]
BILLING CODE 6712-01-P