[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Proposed Rules]
[Pages 41343-41351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15169]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 22
[GN Docket No. 13-114; FCC 13-66]
Expanding Access to Broadband and Encouraging Innovation Through
Establishment of an Air-Ground Mobile Broadband Secondary Service for
Passengers Aboard Aircraft in the 14.0-14.5 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Communications Commission (Commission) proposes an
allocation in the 14.0-14.5 GHz band to permit operation of an air-
ground mobile broadband service in the contiguous United States. The
Commission proposes a secondary allocation for air-ground mobile
broadband, and requires new air-ground mobile broadband licensees to
avoid harmful interference to the Fixed-Satellite Service and prior-
licensed Federal Fixed Service, Mobile Service, and Space Research
Service users in the 14.0-14.5 GHz band, and to coordinate with the
Radio Astronomy Service to avoid interference to radio astronomy
observations. The Commission also proposes to license air-ground mobile
broadband on a nationwide basis, and seeks comment on whether it should
license air-ground mobile broadband in two spectrum blocks of 250
megahertz each, one spectrum block of 500 megahertz, or some other
spectrum block size. The Commission proposes to grant licenses by
auction in the case of mutually exclusive applications.
DATES: Submit comments on or before August 26, 2013, and replies on or
before September 23, 2013. Paperwork Reduction Act (PRA) comments
should be on or before September 9, 2013.
ADDRESSES: Address comments concerning this proposed rule to the
Secretary, Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554. U.S. Postal Service first-class, Express, and
Priority mail must be addressed to 445 12th Street SW., Washington DC
20554.
Commercial overnight mail other than U.S. Postal Service Express
Mail and Priority Mail must be sent to the Secretary, Federal
Communications Commission, 9300 East Hampton Drive, Capitol Heights, MD
20743.
PRA comments should be submitted to Cathy Williams, Federal
Communications Commission via email at [email protected] and
[email protected] and Nicholas A. Fraser, Office of Management and
Budget via fax at 202-395-5167 or via email to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed
Rulemaking, GN Docket No. 13-114, FCC 13-66, adopted May 9, 2013, and
released May 9, 2013. The full text of the Notice of Proposed
Rulemaking is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 12th Street SW.,
Washington, DC 20554. The document also is available for download over
the Internet at http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0513/FCC-11-76A1.pdf.
The complete text also may be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc. (BCPI), located in Room CY-
B402, 445 12th Street SW., Washington, DC 20554. Customers may contact
BCPI at its Web site: http://www.bcpiweb.com or call 1-800-378-3160.
Comment Filing Procedures
Pursuant to 47 CFR 1.415, 1.419, interested parties may file
comments and reply comments on or before the dates indicated above.
Comments may be filed electronically or by hand delivery. See
Electronic Filing of
[[Page 41344]]
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
[cir] Electronic Filers: Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) at http://fjallfoss.fcc.gov/ecfs2/. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission. All hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary must be delivered to FCC Headquarters at 445 12th St. SW.,
Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to
7:00 p.m. All hand deliveries must be held together with rubber bands
or fasteners. Any envelopes and boxes must be disposed of before
entering the building.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected], phone: 202-418-0530
or TTY: 202-418-0432.
FOR FURTHER INFORMATION CONTACT: Howard Griboff or Sean O'More, Policy
Division, International Bureau, FCC, (202) 418-1460 or via the Internet
at: [email protected] and Sean.O'[email protected]. On PRA matters
contact Cathy Williams, Office of the Managing Director, FCC, (202)
418-2918 or via the Internet at: [email protected].
Paperwork Reduction Act Analysis
The Notice of Proposed Rulemaking contains proposed new information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and the Budget to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. In addition,
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks comment on how
it might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Comments should address: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment
on how we might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.''
To view or obtain a copy of this information collection request
(ICR) submitted to OMB: (1) Go to this OMB/GSA Web page: http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web
page called ``Currently Under Review,'' (3) click on the downward-
pointing arrow in the ``Select Agency'' box below the ``Currently Under
Review'' heading, (4) select ``Federal Communications Commission'' from
the list of agencies presented in the ``Select Agency'' box, (5) click
the ``Submit'' button to the right of the ``Select Agency'' box, and
(6) when the list of FCC ICRs currently under review appears, look for
the OMB control number of this ICR as shown in the Supplementary
Information section below (or its title if there is no OMB control
number) and then click on the ICR Reference Number. A copy of the FCC
submission to OMB will be displayed.
OMB Control Number: 3060-XXXX.
Title: Air-Ground Mobile Broadband.
Form Number: Not Applicable.
Type of Review: New Information Collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 15 respondents; 15 responses.
Estimated Hours per Response: 6 hours (average).
Frequency of Response: On occasion reporting requirement.
Total Annual Burden: 90 hours.
Total Annual Costs: $8,250.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in sections 4(i),
4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r) and
303(y) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r),
303(y).
Confidentiality: The Commission does not provide assurances of
confidentiality to entities submitting their filings and applications.
However, entities may request confidential treatment of their
applications and filings under 47 CFR 0.459 of the Commission's rules.
With regard to certifications filed pursuant to part 2 of the
Commission's rules, parties receive minimal exemption from the Freedom
of Information Act (FOIA).
Privacy Impact Assessment: No impact(s).
Needs and Uses: The purpose of this new information collection is
to address the Paperwork Reduction Act (PRA) requirements proposed in
the Commission's NPRM (FCC 13-66) to establish rules for the licensing
of the air-ground broadband service. In the NPRM, the Commission
proposes new information collection requirements applicable to
potential air-ground broadband service licensees. The proposed rule
changes include applying the information requirements and procedures
currently in part 1 of the Commission's rules to applications for air-
ground mobile broadband licenses. The Notice also proposes to require
new air-ground mobile broadband licensees to complete coordination
agreements with licensees in the National Aeronautics and Space
Administration's Tracking and Data Relay Satellite Service and with
radio astronomy observatories. Further, the Notice invites comment on
whether to adopt interim reporting requirements to ensure that
licensees are making timely and quantifiable progress on their
obligations to construct and provide service. If the Commission adopted
a rule requiring interim reporting requirements, the rule would
presumably require the licensee to demonstrate in some manner that it
has taken efforts to construct its air-ground mobile broadband system.
In addition, the Notice proposes requiring licensees to file a
notification within 15 days of the end of their ten-year license term
demonstrating that they have met their build-out requirements.
Specifically, each construction notification would include electronic
coverage maps and supporting documentation, which must
[[Page 41345]]
be truthful and accurate and must not omit material information that is
necessary for the Commission to determine compliance with its
construction requirement. Also, the Notice proposes requiring
applicants for renewal licenses to file a detailed renewal showing,
demonstrating that they are providing service to the public or are
using the spectrum for private, internal communication to the extent
permitted by the Commission, and substantially complying with the
Communications Act, and the Commission's rules and policies, including
any applicable performance requirements.
Summary of Notice of Proposed Rulemaking
In the Notice of Proposed Rulemaking (Notice), the Federal
Communications Commission (Commission) continues to address consumer
demand for more broadband access aboard aircraft. The Commission
proposes to establish an air-ground mobile broadband service to help
meet demand from travelers to connect to a full range of communications
services while flying in the contiguous United States.
The Commission proposes to add a secondary allocation to the 14.0-
14.5 GHz band for air-ground mobile broadband. The 14.0-14.5 GHz band
is allocated on a primary basis to the Fixed-Satellite Service (FSS)
for Earth-to-space communications, and is currently used by several
geostationary-orbit (GSO) FSS systems. The 14.0-14.2 GHz sub-band is
allocated on a secondary basis to the Space Research Service, and is
used by the National Aeronautics and Space Administration's Tracking
and Data Relay Satellite Service (TDRSS). The 14.4-14.5 GHz sub-band is
allocated on a secondary basis to the Fixed Service and the Mobile
Service for Federal government use. The 14.47-14.5 GHz sub-band is
allocated to the Radio Astronomy Service (RAS) on a permissive basis.
Air-ground mobile broadband would use spatial diversity to avoid
interference to the FSS, transmitting only northward from each base
station, while GSO FSS satellites are all south of the United States.
Airborne stations would avoid interference to the FSS by transmitting
only downward. The Commission proposes to require air-ground mobile
broadband licensees to coordinate with TDRSS licensees and RAS sites as
a condition of beginning operations. The Commission also notes that
air-ground mobile broadband licenses will be required to avoid causing
harmful interference to prior-licensed Federal users, and seeks comment
on whether it should impose coordination requirements with Federal
licensees on air-ground mobile broadband licensees.
The Commission proposes to license air-ground mobile broadband on a
nationwide basis, and requests comment on whether air-ground mobile
broadband should be licensed in two spectrum blocks of 250 megahertz
each, one spectrum block of 500 megahertz, or some other spectrum block
size. The Commission proposes to adopt a geographic area licensing
approach for the 14.0-14.5 GHz band that would permit the filing and
acceptance of mutually exclusive applications that it would be required
to resolve through competitive bidding consistent with the mandate of
section 309(j) of the Communications Act. Accordingly, the Commission
seeks comment on a number of proposals relating to competitive bidding
for licenses for spectrum in the 14.0-14.5 GHz band. The Commission
proposes to conduct any auction for air-ground mobile broadband
licenses in the 14.0-14.5 GHz band in conformity with the general
competitive bidding rules set forth in part 1, subpart Q of the
Commission's rules, 47 CFR 1.2101-1.2114, and substantially consistent
with the competitive bidding procedures that it has employed in
previous auctions. Specifically, the Commission proposes to employ the
part 1 rules governing competitive bidding design, designated entity
preferences, unjust enrichment, application and payment procedures,
reporting requirements, and the prohibition on certain communications
between auction applicants. Such rules would be subject to any
modifications that the Commission may adopt for its part 1 general
competitive bidding rules in the future. In addition, consistent with
the Commission's long-standing approach, auction-specific matters such
as the competitive bidding design and mechanisms, as well as minimum
opening bids and/or reserve prices, would be determined by the Wireless
Telecommunications Bureau pursuant to its delegated authority.
The Commission also proposes to make small business bidding credits
available for the 14.0-14.5 GHz air-ground mobile broadband service.
Its proposal to offer small business bidding credits is based on the
belief that deployment and operational costs may be significantly lower
than for other previously-authorized nationwide services such as the
Direct Broadcast Satellite Service and Digital Audio Radio Satellite
Service, because the necessary infrastructure may be less costly. The
Commission also suggests that the capital requirements of providing
commercial air-ground mobile broadband service in the 14.0-14.5 GHz
band may generally be similar to the capital requirements of providing
commercial air-ground service in the 800 MHz band, a nationwide service
for which the Commission decided to offer bidding credits. The
Commission seeks comment on whether small businesses may be able to
attract the necessary capital to provide air-ground mobile broadband
service, particularly if they are assisted by bidding credits.
The Commission proposes to use the same small business definitions
it has adopted for other capital-intensive services that serve large
geographic areas. Specifically, it proposes to define a small business
as an entity with average annual gross revenues for the three preceding
years not exceeding $40 million, and to define a very small business as
an entity with average annual gross revenues for the three preceding
years not exceeding $15 million. The Commission also proposes a 15
percent bidding credit for small businesses and a 25 percent bidding
credit for very small businesses, as set forth in its standardized
schedule at 47 CFR 1.2110(f)(2). These are the same tiered small
business definitions and bidding credits that the Commission adopted
for licenses for the 800 MHz commercial Air-Ground Radiotelephone
Service, and for EAG-based licenses in the upper and lower 700 MHz
bands.
The Commission also seeks comment on whether its proposed
designated entity provisions, if applied to an air-ground mobile
broadband service, would promote participation by businesses owned by
minorities and by women, as well as participation by rural telephone
companies. To the extent that commenters propose additional provisions
to enhance participation by minority-owned or women-owned businesses,
commenters should address how the Commission should craft such
provisions to meet the relevant standards of judicial review.
The Commission proposes technical standards to minimize the
possibility of interference from air-ground mobile broadband to the
FSS. The Commission also proposes to require that air-ground mobile
broadband-equipped aircraft cease operations when flying in Canadian
airspace. Finally, the Commission proposes to require air-ground mobile
broadband licensees to adhere to the provisions of the Communications
Assistance to Law Enforcement Act.
[[Page 41346]]
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\1\ the Commission has prepared this present Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in the Notice of Proposed Rulemaking (Notice) in GN Docket No.
13-114. Written public comments are requested on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines specified in the Notice for comments. The Commission will
send a copy of the Notice, including this IRFA, to the Chief Counsel
for Advocacy of the Small Business Administration (SBA).\2\ In
addition, the Notice and IRFA (or summaries thereof) will be published
in the Federal Register.\3\
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\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 5 U.S.C. 603(a).
\3\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Notice
The Notice seeks to promote more intensive use of spectrum and
spectrum sharing in order to provide passengers aboard aircraft flying
over the United States with expanded access to broadband service. The
air-ground mobile broadband service proposed would allow terrestrial-
based air-ground mobile broadband systems to provide service in the
14.0-14.5 GHz band, while at the same time protecting Fixed-Satellite
Service (FSS) operations in the band and accommodating other users of
the band, including Federal government licensees in the Fixed and
Mobile Services, the Space Research Service, and the Radio Astronomy
Service (RAS).
B. Legal Basis
The proposed action is authorized pursuant to sections 4(i), 4(j),
7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), and
303(y) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r),
303(y).
C. Description and Estimate of the Number of Small Entities to Which
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 herein.\4\ The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \5\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\6\ A small business concern is one that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.\7\ Below, we further describe and estimate the number of small
entity licensees that may be affected by the adopted rules.
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\4\ 5 U.S.C. 604(a)(3).
\5\ 5 U.S.C. 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after the opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\7\ Small Business Act, 15 U.S.C. 632 (1996).
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D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The Notice proposes a number of rule changes that could affect the
reporting, recordkeeping, and other compliance requirements for small
businesses licensed to provide the contemplated new service. Among
other things, these proposed rule changes include applying the
information requirements and procedures currently in part 1 of the
Commission's rules to applications for air-ground mobile broadband
licenses.
The Notice also proposes to require new air-ground mobile broadband
licensees to complete coordination agreements with licensees in the
National Aeronautics and Space Administration's Tracking and Data Relay
Satellite Service and with radio astronomy observatories.
Further, the Notice invites comment on whether to adopt interim
reporting requirements to ensure that licensees are making timely and
quantifiable progress on their obligations to construct and provide
service. If the Commission adopted a rule requiring interim reporting
requirements, the rule would presumably require the licensee to
demonstrate in some manner that it has taken efforts to construct its
air-ground mobile broadband system.
In addition, the Notice proposes requiring licensees to file a
notification within 15 days of the end of their ten-year license term
demonstrating that they have met their build-out requirements.
Specifically, each construction notification would 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 construction
requirement.
Also, the Notice proposes requiring applicants for renewal licenses
to file a detailed renewal showing, demonstrating that they are
providing service to the public or are using the spectrum for private,
internal communication to the extent permitted by the Commission, and
substantially complying with the Communications Act, and the
Commission's rules and policies, including any applicable performance
requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires that, to the extent consistent with the objectives
of applicable statutes, the analysis shall discuss significant
alternatives such as: (1) The establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) the clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.\8\
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\8\ 5 U.S.C. 603(c)(1), (c)(4).
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The Notice solicits comment on alternatives to the proposed rules
for air-ground mobile broadband in the 14.0-14.5 GHz band.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
Ordering Clauses
It is ordered that, pursuant to the authority contained in sections
4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j),
303(r), and 303(y) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g),
303(j), 303(r), 303(y), this Notice of Proposed Rulemaking in GN Docket
No. 13-114 is adopted. It is further ordered pursuant to sections 4(i)
and (j) and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), (j), 303(r), and Sec. 1.407 of the
[[Page 41347]]
Commission's rules, 47 CFR 1.407, that the Petition for Rulemaking
filed by Qualcomm, Inc. on July 7, 2011, is granted to the extent
provided in this Notice.
List of Subjects in 47 CFR Parts 2 and 22
Communications, Satellites, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2 and 22 as
follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
0
a. Page 49 is revised.
0
b. In the list of United States (US) Footnotes, footnote US133 is
revised.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 41348]]
[GRAPHIC] [TIFF OMITTED] TP10JY13.042
BILLING CODE 6712-01-C
[[Page 41349]]
* * * * *
United States (US) Footnotes
* * * * *
US133 In the bands 14.0-14.2 GHz and 14.47-14.5 GHz, the following
provisions shall apply to the operations of Earth Stations Aboard
Aircraft (ESAA) and to the Aeronautical Mobile Service (AMS):
(a) In the band 14.0-14.2 GHz, ESAA and AMS licensees planning to
operate within radio line-of-sight of the coordinates specified in 47
CFR 25.227(c) are subject to prior coordination with NTIA in order to
minimize harmful interference to the earth stations of NASA's Tracking
and Data Relay Satellite System (TDRSS).
(b) In the band 14.47-14.5 GHz, operations within radio line-of-
sight of the radio astronomy stations specified in 47 CFR 25.226(d)(2)
are subject to coordination with the National Science Foundation in
accordance with 47 CFR 25.227(d).
* * * * *
PART 22--PUBLIC MOBILE SERVICES
0
3. The authority citation for Part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309, and 332.
0
4. Add Sec. 22.232 to subpart B to read as follows:
Sec. 22.232 14.0-14.5 GHz band subject to competitive bidding.
Mutually exclusive initial applications for 14.0-14.5 GHz band
licenses are subject to competitive bidding. The general competitive
bidding procedures set forth in 47 CFR part 1, Subpart Q will apply
unless otherwise provided in this subpart.
0
5. Add Sec. 22.233 to subpart B to read as follows:
Sec. 22.233 Designated entities in the 14.0-14.5 GHz bands.
(a) Eligibility for small business provisions. (1) A small business
is an entity that, together with its affiliates, its controlling
interests, the affiliates of its controlling interests, and the
entities with which it has an attributable material relationship, has
average gross revenues not exceeding $40 million for the preceding
three years.
(2) A very small business is an entity that, together with its
affiliates, its controlling interests, the affiliates of its
controlling interests, and the entities with which it has an
attributable material relationship, has average gross revenues not
exceeding $15 million for the preceding three years.
(b) Bidding credits. A winning bidder that qualifies as a small
business as defined in this section or a consortium of small businesses
may use the bidding credit specified in Sec. 1.2110(f)(2)(iii) of this
chapter. A winning bidder that qualifies as a very small business as
defined in this section or a consortium of very small businesses may
use the bidding credit specified in Sec. 1.2110(f)(2)(ii) of this
chapter.
0
6. Add subpart K to read as follows:
Subpart K--Air-Ground Mobile Broadband Service
Sec.
22.1100 Scope.
22.1101 Definitions associated with air-ground mobile service.
22.1102 Permissible communications.
22.1104 Frequencies.
22.1106 Service areas.
22.1110 Regulatory status.
22.1111 Eligibility.
22.1112 License period.
22.1113 Construction requirements.
22.1114 Renewal criteria.
22.1115 Geographic partitioning and spectrum disaggregation.
22.1116 Initial authorization.
22.1118 Discontinuance of service.
22.1120 Protecting GSO satellite systems from harmful interference
from air-ground mobile broadband.
22.1122 Out of band emissions (OOBE) requirement for two separate
air-ground mobile broadband systems.
Sec. 22.1100 Scope.
This subpart governs the licensing and operation of the air-ground
mobile broadband service in the 14.0-14.5 GHz band. The licensing and
operation of these stations and systems is also subject to rules
elsewhere in this part that apply generally to the public mobile
services. However, in case of conflict, this subpart governs.
Sec. 22.1101 Definitions associated with air-ground mobile service.
Air-Ground Mobile Broadband Equipped Aircraft. Aircraft equipped
with air-ground mobile broadband communications technology.
Air-Ground Mobile Broadband Service. An air-ground mobile broadband
service that operates in the 14.0 to 14.5 GHz band and provides high-
data-rate connectivity between terrestrial ground stations and aircraft
stations flying above the contiguous United States (``CONUS'').
Base Stations. Fixed terrestrial-based air-ground mobile broadband
communications stations that provide air-ground mobile broadband to
air-ground mobile broadband equipped aircraft.
Sec. 22.1102 Permissible communications.
The 14.0-14.5 GHz band may be used to provide air-ground mobile
broadband. Such service shall be provided in a manner consistent with
Sec. 2.106 of this chapter.
Sec. 22.1104 Frequencies.
Two channel block(s) are available for assignment in the 14.0-14.5
GHz air-ground mobile broadband service:
(a) A Block: 14.0-XX.XX GHz
(b) [B Block: XX.XX-14.5 GHz]
Sec. 22.1106 Service areas.
Service areas for 14.0-14.5 GHz air-ground mobile broadband are
available on a nationwide basis. For the purposes of this paragraph,
``nationwide'' refers to a geographic market area covering the
contiguous United States, i.e. the United States excluding Alaska,
Hawaii, and island territories.
Sec. 22.1110 Regulatory status.
(a) Single authorization. Authorization will be granted to provide
any or a combination of the following services in a single license:
Common carrier, non-common carrier, private internal communications,
and broadcast services. A licensee may render any kind of
communications service consistent with the regulatory status in its
license and with the Commission's rules applicable to that service. An
applicant or licensee may submit a petition at any time requesting
clarification of the regulatory status for which authorization is
required to provide a specific communications service.
(b) Designation of regulatory status in initial application. An
applicant shall specify in its initial application if it is requesting
authorization to provide common carrier, non-common carrier, private
internal communications, or broadcast services, or a combination
thereof.
(c) Amendment of pending applications. The following rules apply to
amendments of a pending application.
(1) Any pending application may be amended to:
(i) Change the carrier regulatory status requested, or
(ii) Add to the pending request in order to obtain common carrier,
non-common carrier, private internal communications, or broadcast
services status, or a combination thereof, in a single license.
(2) Amendments to change, or add to, the carrier regulatory status
in a pending application are minor amendments filed under Sec. 1.927
of this chapter.
(d) Modification of license. The following rules apply to
amendments of a license.
(1) A licensee may modify a license to:
[[Page 41350]]
(i) Change the regulatory status authorized, or
(ii) Add to the status authorized in order to obtain a combination
of services of different regulatory status in a single license.
(2) Applications to change, or add to, the carrier status in a
license are modifications not requiring prior Commission authorization.
The licensee must notify the Commission within 30 days of the change.
If the change results in the discontinuance, reduction, or impairment
of an existing service, the licensee is subject to the provisions of
Sec. 22.1118.
Sec. 22.1111 Eligibility.
Any entity other than those precluded by section 310 of the
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to
hold a license under this part.
Sec. 22.1112 License period.
Initial authorizations will have a term not to exceed ten years
from the date of initial issuance or renewal.
Sec. 22.1113 Construction requirements.
Licensees of 14.0-14.5 GHz air-ground mobile broadband, must, as a
performance requirement, make a showing of ``substantial service'' in
their license area within the prescribed license term set forth in
Sec. 22.1112.
(a) ``Substantial service'' is defined as service which is sound,
favorable and substantially above a level of mediocre service which
just might minimally warrant renewal. Failure by any licensee to meet
this requirement will result in forfeiture of the license and the
licensee will be ineligible to regain it.
(b) Each 14.0-14.5 GHz air-ground mobile broadband system subject
to the requirements of this section must demonstrate substantial
service within 10 years after grant of the authorization. Substantial
service may be demonstrated by, but is not limited to, the following
``safe harbor'' provision: The construction and operation of ground
stations that provides robust, uninterrupted service on routes serving
at least 50 airports classified as large or medium hubs (as measured by
the most recent Federal Aviation Administration data for annual
passenger enplanements) within ten years of license grant.
Sec. 22.1114 Renewal criteria.
Air-ground mobile broadband licensees in the 14.0-14.5 GHz band
must file a renewal application in accordance with the provisions set
forth in Sec. 1.949, and must make a showing of substantial service,
independent of its performance requirements, as a condition for renewal
at the end of each license term.
Sec. 22.1115 Geographic partitioning and spectrum disaggregation.
(a) Eligibility. (1) Parties seeking approval for partitioning and
disaggregation shall request from the Commission an authorization for
partial assignment of a license pursuant to Sec. 1.948.
(2) Licensees in 14.0-14.5 GHz air-ground mobile broadband may
apply to partition their licensed geographic service area or
disaggregate their licensed spectrum at any time following the grant of
their licenses.
(b) Filing requirements. Parties seeking approval for geographic
partitioning, spectrum disaggregation, or a combination of both must
apply for a partial assignment of authorization by filing FCC Form 603
pursuant to Sec. 1.948 of this chapter. Each request for geographic
partitioning must include an attachment defining the perimeter of the
partitioned area by geographic coordinates to the nearest second of
latitude and longitude, based upon the 1983 North American Datum
(NAD83). Alternatively, applicants may specify an FCC-recognized
service area (e.g., Basic Trading Area, Economic Area, Major Trading
Area, Metropolitan Service Area, or Rural Service Area), county, or
county equivalent, in which case, applicants need only list the
specific FCC-recognized service area, county, or county equivalent
names comprising the partitioned area.
(c) License term. The license term for a partitioned license area
or disaggregated spectrum license is the remainder of the original
licensee's license term.
(d) Performance requirements. Each party to a geographic
partitioning, spectrum disaggregation, or a combination of both must
individually meet any applicable performance requirements (i.e.,
construction and operation requirements). If a licensee fails to meet
any performance requirements on or before the required date, its
authorization will terminate automatically on that date without further
Commission action pursuant to Sec. 1.946 of this chapter.
(e) Unjust enrichment. Licensees making installment payments or
that received a bidding credit, that partition their licenses or
disaggregate their spectrum to entities that do not meet the
eligibility standards for installment payments or bidding credits, are
subject to the unjust enrichment requirements of Sec. 1.2111 of this
chapter.
Sec. 22.1116 Initial authorization.
(a) An applicant must file a single application for an initial
authorization for all markets won and frequency blocks desired. Initial
authorizations shall be granted in accordance with Sec. Sec. 22.1104,
22.1106 of this chapter. Applications for individual sites are not
required and will not be accepted, except where required for
environmental assessments, in accordance with Sec. Sec. 1.1301 through
1.1319 of this chapter.
(b) Initial authorizations for 14.0-14.5 GHz air-ground mobile
broadband shall be for the amount of spectrum in accordance with Sec.
22.1104. Authorizations will be on a nationwide service area basis as
defined in Sec. 22.1106.
Sec. 22.1118 Discontinuance of service.
(a) Termination. A 14.0-14.5 GHz air-ground mobile broadband
licensee's authorization will automatically terminate, without specific
Commission action, if it permanently discontinues service. Permanent
discontinuance of service is defined as 180 consecutive days during
which a licensee is not providing service to aircraft or subscribers
(b) Filing requirements. A licensee that permanently discontinues
service as defined in this section must notify the Commission of the
discontinuance within 10 days by filing FCC Form 601 or 605 requesting
license cancellation. An authorization will automatically terminate,
without specific Commission action, if service is permanently
discontinued as defined in this section, even if a licensee fails to
file the required form requesting license cancellation.
(c) Extension request. A licensee may file a request for a longer
discontinuance period for good cause. An extension request must be
filed at least 30 days before the end of the 180-day discontinuance
period. The filing of an extension request will automatically extend
the discontinuance period a minimum of the latter of an additional 30
days or the date upon which the Wireless Telecommunications Bureau acts
on the request.
Sec. 22.1120 Protecting GSO satellite systems from harmful
interference from air-ground mobile broadband.
The aggregate increase in interference ([Delta]T/T) from all air-
ground mobile broadband aircraft and base stations into the uplink of
GSO satellites shall not exceed one percent. This one percent [Delta]T/
T limit may be met by complying with paragraphs (a) through (c) of this
section:
[[Page 41351]]
(a) For a baseline air-ground mobile broadband system consisting of
600 beams (e.g., 150 base station sites and 4 beams per site) operating
on a given band of spectrum, the transmitted power spectral density
from a single base station beam into the GSO arc must not exceed -74.5
dBW/Hz. If the number of base station beams is increased beyond 600,
then the total transmitted power toward the GSO arc must be adjusted
accordingly, such that the total transmitted power toward the GSO arc
from all beams is not greater than -46.7 dBW/Hz. If the number of air-
ground mobile broadband base stations increases from 150 to 250, the
single beam EIRP density must be less than the value
[GRAPHIC] [TIFF OMITTED] TP10JY13.043
and the aggregate EIRP density from all beams must be less than
[GRAPHIC] [TIFF OMITTED] TP10JY13.044
where n is the number of base stations.
(b) Transmissions from an air-ground mobile broadband aircraft
stations must not exceed an EIRP density of 3 dBW/2 megahertz.
Furthermore, the aggregate EIRP from all air-ground mobile broadband
aircraft stations toward the GSO arc must not exceed -47 dBW/Hz. When
deriving the aggregate EIRP density toward the GSO arc, the aircraft
cruise level roll angle of 5[deg] in elevation must be
taken into account.
(c) Every air-ground mobile broadband base station may increase its
transmit power by up to 6 dB to compensate for rain fade. In
compensation for the increase in power, the air-ground mobile broadband
base station must reduce the number of beams it transmits to maintain
the same maximum transmitted power.
Sec. 22.1122 Out of band emissions (OOBE) requirement for two
separate air-ground mobile broadband systems.
If two separate licensees deploy air-ground mobile broadband
systems within distinct portions of the 14.0 to 14.5 GHz band, the
power level of any emission outside an air-ground mobile broadband
licensee's frequency band of operation shall be attenuated below the
transmitter power of P watts (with averaging performed only during
periods of transmission) within the licensee's band of operation by at
least 43 + 10 log (P) dB. Compliance with this rule shall be measured
via use of instrumentation employing a resolution bandwidth of 1
megahertz or greater, except that in the 1 megahertz bands immediately
adjacent to the licensee's frequency band of operation, 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 (that is, 1 megahertz or 1 percent of
the emission bandwidth, as specified). 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 by at least 26 dB below
the transmit power level.
[FR Doc. 2013-15169 Filed 7-9-13; 8:45 am]
BILLING CODE 6712-01-P