[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Proposed Rules]
[Pages 85-97]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27438]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, and 30

[GN Docket No. 14-177, IB Docket Nos. 15-256 and 97-95, WT Docket No. 
10-112; FCC 17-152]


Use of Spectrum Bands Above 24 GHz for Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) seeks comment on proposed service rules to allow 
flexible fixed and mobile uses in additional bands and on refinements 
to the adopted rules in this document. A Final Rule document for the 
Second Report and Order related to this document for the Second Further 
Notice of Proposed

[[Page 86]]

Rulemaking is published in this issue of this Federal Register.

DATES: Comments are due on or before January 23, 2018; reply comments 
are due on or before February 22, 2018.

ADDRESSES: You may submit comments, identified by GN Docket No. 14-177, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     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 detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: John Schauble of the Wireless 
Telecommunications Bureau, Broadband Division, at (202) 418-0797 or 
[email protected], Michael Ha of the Office of Engineering and 
Technology, Policy and Rules Division, at 202-418-2099 or 
[email protected], or Jose Albuquerque of the International Bureau, 
Satellite Division, at 202-418-2288 or Jose.A[email protected]. For 
information regarding the PRA information collection requirements 
contained in this PRA, contact Cathy Williams, Office of Managing 
Director, at (202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Further Notice of Proposed Rulemaking (Second FNPRM), GN Docket No. 14-
177, FCC 17-152, adopted on November 16, 2017 and released on November 
22, 2017. The complete text of this document is available for public 
inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time (ET) 
Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in 
the FCC Reference Information Center, 445 12th Street SW, Room CY-A257, 
Washington, DC 20554. The complete text is available on the 
Commission's website at http://wireless.fcc.gov, or by using the search 
function on the ECFS web page at http://www.fcc.gov/cgb/ecfs/. 
Alternative formats are available to persons with disabilities by 
sending an email to [email protected] or by calling the Consumer & 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(tty).

Comment Filing Procedures

    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     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.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Dr., 
Annapolis Junction, Annapolis MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 888-
835-5322 (tty).

Ex Parte Rules--Permit-But-Disclose

    Pursuant to Sec.  1.1200(a) of the Commission's rules, this Second 
FNPRM shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules. Persons making ex 
parte presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with Sec.  1.1206(b). 
In proceedings governed by Sec.  1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM) released in 
October 2015 in this proceeding. A Final Regulatory Flexibility 
Analysis (FRFA) was incorporated in the Report and Order and Further 
Notice of Proposed Rulemaking (R&O/FNPRM) released in July 2016 in this 
proceeding. The Commission sought written public comment on the 
proposals in NPRM, including comments on the IRFA. No comments were 
filed addressing the IRFA. This present Supplemental Final Regulatory 
Flexibility Analysis

[[Page 87]]

(Supplemental FRFA) supplements the FRFA in the R&O/FNPRM and conforms 
to the RFA.

Paperwork Reduction Act

    The Second FNPRM contains proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. OMB, the general public, and other Federal agencies 
are invited to comment on the proposed information collection 
requirements contained in this proceeding. 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 specific comment on how it 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees

Synopsis

A. FSS Use of 24.75-25.25 GHz Band

    1. The Commission proposes to license FSS earth stations in this 
band on a co-primary basis under the provisions in Sec.  25.136(d), as 
revised in the Second R&O for the 47.2-48.2 GHz band by adding the 
24.75-25.25 GHz band to this rule. This means that the 24.75-25.25 GHz 
band would only be available for individually-licensed FSS earth 
stations that meet specific requirements applicable to earth stations 
in other bands shared with UMFUS (e.g., limitations on population 
covered, number of earth station locations in a PEA, and a prohibition 
on earth stations in places where they would preclude terrestrial 
service to people or equipment that are in transit or are present at 
mass gatherings). As a consequence of this change, the Commission 
proposes conforming modifications to various earth station application 
requirements specified in Sec. Sec.  25.115(e) and 25.130(b), and 
deleting as obsolete the licensing requirements for the 25.05-25.25 GHz 
band specified in Sec.  25.203(l). The Commission is also seeking 
comment on adding a U.S. Table of Allocations footnote specifying the 
relative interference protection obligations of FSS and UMFUS stations 
in the 24.75-25.25 GHz band. The Commission is also proposing to add a 
U.S. Table of Allocations footnote specifying the relative interference 
protection obligations of FSS and UMFUS stations in the 24.75-25.25 GHz 
band. It appears that allowing broader FSS use in the 24.75-25.25 GHz 
band may be appropriate, and to provide for more flexible FSS use of 
the band, the Commission proposes to eliminate footnote NG535. This 
would make the 24.75-25.25 GHz band available for general FSS uplink 
operations, without restricting these operations to, or affording 
priority for, the provision of feeder links for the 17/24 GHz BSS space 
stations. Given the very light use of the 24.75-25.25 GHz band for BSS 
feeder links, the earth station two-degree spacing rules that would 
protect BSS feeder links from other FSS earth stations in the band, and 
the power limits placed on BSS feeder link earth stations, it does not 
appear necessary to give BSS feeder link earth station transmissions 
priority over other uses of the FSS for earth stations located within 
the United States, or to preclude other FSS stations from claiming 
protection from feeder link earth station transmissions located within 
the United States. To accommodate more diverse FSS operations in the 
band and to further increase flexibility for all FSS uses in this new 
sharing regime, the Commission also proposes to eliminate the Appendix 
F orbital-location restrictions for 17/24 GHz BSS space stations 
specified in Sec.  25.262(a). The Commission seeks comment on these 
proposals.
    2. Though the Commission is proposing to allow broader and more 
flexible FSS use of the 24.75-25.25 GHz band consistent with the 
predominant use of the band for terrestrial wireless services, the 
Commission recognizes that aggregate interference to the satellite 
receivers from UMFUS operations may be a concern in this band, similar 
to concerns raised in the context of the 28 GHz and 47 GHz bands. There 
are currently earth stations and space stations that operate in this 
band. Should the Commission take any action to address the potential of 
aggregate interference to impact satellite receivers in this band? How 
likely is it that such interference will occur? Should the Commission 
treat such interference to existing satellites, should it occur, 
differently from satellites deployed in the future? Should the 
Commission adopt a U.S. Table of Allocations footnote specifying the 
relative interference protection obligations of FSS and UMFUS stations 
in the 24.75-25.25 GHz band and what should be the content of such a 
footnote?
    3. Consistent with these proposals, in addition to modifications to 
Sec.  25.136, the Commission proposes several rule changes to part 25. 
To harmonize the treatment of BSS feeder links and other FSS 
transmissions, the Commission proposes first to modify Sec.  25.138 to 
extend applicability of the Ka-band off-axis EIRP density limits in 
paragraph (a) to the 24.75-25.25 GHz band. Then the Commission will 
eliminate the nearly identical BSS feeder link-specific earth station 
off-axis EIRP density limits for the 24.75-25.25 GHz band in Sec.  
25.223(b). The Commission proposes to eliminate the coordination 
provisions Sec. Sec.  25.223(c) and (d), and to add the 24.75-25.25 GHz 
band to the list of frequency bands in its general FSS earth station 
coordination rules in Sec.  25.220(a). These changes would allow us to 
remove and reserve Sec.  25.223, because there would be no need for 
these provisions, which currently provide alternative means of 
licensing BSS feeder links. As a consequence, the Commission will also 
eliminate cross references to the rule contained in Sec.  25.209(f). In 
Sec.  25.204, the Commission proposes to eliminate paragraph (e)(4), 
which contains rain fade specifications specific to 17/24 GHz BSS 
feeder link transmissions, and instead to include the 24.75-25.25 GHz 
band in paragraph (e)(3), which contains nearly identical Ka-band FSS 
rain fade specifications. The Commission also proposes to modify the 
interference-showing requirements for FSS applicants in Sec.  
25.140(a)(3) to make clear its applicability to FSS (Earth-to-space) 
transmissions to 17/24 GHz BSS space stations. In addition, the 
Commission proposes to add a new subparagraph (iv) requiring applicants 
for space stations receiving uplinks in the 24.75-25.25 GHz band to 
certify, among other things, that the earth stations transmitting to 
such space stations will not exceed the off-axis EIRP density limits in 
Sec.  25.138(a). As a result, the Commission also proposes 
consequential modifications to the definitions of ``routine processing 
or licensing'' and ``two-degree compliant space station'' contained in 
Sec.  25.103. The Commission seeks comment on these proposals.
    4. In addition, the Commission proposes to eliminate the 
operational requirements associated with the Appendix F orbital-
location constraints in Sec.  25.262 by deleting paragraphs (a) and 
(d), and modifying paragraphs (b) and (e). The Commission further 
proposes to modify Sec. Sec.  25.140(b), (c) and (d) to reflect changes 
in the interference showing required by 17/24 GHz BSS applicants, which 
is currently defined in part by the applicant's orbital position 
relative to Appendix F locations, and to eliminate an operational 
requirement made moot by deleting Sec.  25.262(b). Similarly, the 
Commission proposes to delete Appendix F specific requirements 
contained in Sec.  25.114(d)(17), and to eliminate a reference in Sec.  
25.114(d)(7) to a deleted subparagraph in Sec.  25.140(b). Finally, to 
provide for consistent

[[Page 88]]

treatment of 17/24 GHz feeder uplinks with other FSS transmissions in 
the 24.75-25.25 GHz band, the Commission proposes to modify the cross-
polarization isolation requirement in Sec.  25.210(i) to make clear 
that it applies only to 17/24 GHz BSS space-to-Earth transmissions.

B. Performance Requirements--Geographic Area Metric

    5. In the FNPRM, the Commission sought comment on adopting a 
performance metric tailored to Internet of Things-type deployments or 
other innovative services that may not be a good fit for traditional 
metrics. Because the record on this issue was not sufficiently 
detailed, we decline to adopt any additional metric today and seek 
comment on additional proposals discussed below.
    6. The Commission recognizes the difficulty of crafting an IoT-
specific metric, especially while the relevant technologies and use 
cases are still being developed. The Commission instead seeks 
additional comment on whether to adopt a more traditional or other 
metric that may nevertheless accommodate these types of services. For 
example, a performance metric based on geographic area coverage (or 
presence) could allow for networks that provide meaningful service but 
deploy along lines other than residential population. Such a metric 
could be easier to implement than any of the novel metrics proposed in 
the record, which could reduce uncertainty among licensees wishing to 
deploy innovative services and thereby encourage such deployment.
    7. The Commission seeks comment on the following metric as an 
option for UMFUS licensees to fulfill their buildout requirements: 
Geographic area coverage of 25% of the license area. The Commission 
also seeks comment on an alternative requirement of presence in 25% of 
subset units of the license area, such as census tracts, counties, or 
some other area. The latter standard could accommodate deployments, 
such as sensor networks, that are not designed to provide mobile or 
point-to-multipoint area coverage, and for whom calculating ``coverage 
of 25% of the area'' would therefore not be a meaningful standard. 
Equipment or deployments relied on to demonstrate compliance with this 
metric would be required, as with the Commission's previously-adopted 
metrics, to be part of a network that is actually providing service, 
either to external customers or for internal uses.
    8. Specifically, the Commission seeks input on whether 25% would be 
the appropriate level of coverage for a geographic area metric in the 
mmW bands. The Commission suggests this level as an attempt to maintain 
parity between the requirements of this metric and the requirements of 
our previously-established metric based on population coverage. The 
physical characteristics of the mmW bands, particularly shorter 
propagation distances and the consequent smaller coverage area, are 
also important considerations. The Commission seeks comment on this 
coverage level, including any suggestions of alternative levels of 
coverage that might be more appropriate.
    9. The Commission also seeks comment more generally on whether 
geographic area coverage is the most appropriate metric for 
accommodating innovative services in the mmW bands, or whether some 
other metric might be more appropriate. The Commission welcomes any 
alternative suggestions for metrics that might better accommodate 
innovative services, without raising artificial regulatory barriers to 
particular use cases. For example, have there been any technological or 
industry developments that would better enable us to craft a meaningful 
usage-based metric? Are there additional options that have not yet been 
mentioned in the record? The Commission particularly seeks comment from 
entities who believe that its mobile and fixed metrics would not be 
adequate to measure deployment of services they might seek to provide 
in UMFUS bands. The Commission asks that these commenters identify 
additional types of performance metrics that may be better suited to 
measuring deployment of services that they might seek to provide in 
UMFUS bands.
    10. The Commission emphasize that any metric the Commission adopts 
to accommodate IoT services would, like the existing population 
coverage and fixed link metrics, be available to any UMFUS licensee. 
While the Commission suggests an additional metric in order to 
facilitate the deployment of IoT and other innovative services, there 
would be no requirement that a licensee build a particular type of 
network or provide a particular type of service in order to use 
whatever metric the Commission ultimately adopts.
    11. The Commission strongly encourages stakeholders to fully 
develop a record on this issue. Under the Commission's current part 30 
rules, licensees have limited options for fulfilling buildout 
requirements: Fixed links, population-based area coverage, or some 
combination thereof. Part 30 does not use a ``substantial service'' 
framework; if a licensee does not meet the requirements specifically 
set out in the rules, it cannot demonstrate buildout in some other way. 
If the Commission does not adopt any other metrics, services with non-
traditional network structures may be effectively barred from mmW bands 
by inappropriate and inapplicable buildout requirements. This is 
especially important given the changes to the definition of ``fixed 
link'' that the Commission adopts. Without an additional metric, any 
low-power deployments that do not use mobile or point-to-multipoint 
network architecture will not be able to qualify for license renewal.

C. Mobile Spectrum Holdings

    12. For many of the reasons that the Commission declined to adopt a 
pre-auction limit for the 24 GHz and 47 GHz bands in the Second R&O, 
the Commission proposes to eliminate the pre-auction limit of 1250 
megahertz that the R&O had adopted for the 28 GHz, 37 GHz and 39 GHz 
bands. Given the nascent stage of technological development in these 
mmW bands and the fact that the Co are continuing to make additional 
mmW spectrum available through this proceeding, retaining a pre-auction 
limit for the 28 GHz, 37 GHz, and 39 GHz bands may be unnecessary. 
Moreover, given the technical similarity between all five bands and the 
Commission's decision in the Second R&O to group these five bands for 
purposes of secondary market transactions review, the Commission finds 
that it would be inconsistent to retain the pre-auction limit for the 
28 GHz, 37 GHz, and 39 GHz bands. The Commission seeks comment on this 
proposal. To the extent that commenters advocate the retention of this 
pre-auction limit, commenters should discuss how the limit should be 
implemented and the likely effects of having two different policy 
frameworks applicable to mmW spectrum acquired at auction.
    13. The Commission also seeks comment on whether, in the absence of 
pre-auction limits for mmW spectrum, there is a need to apply a case-
by-case review of mmW spectrum holdings to post-auction applications 
for initial mmW licenses. Prior to the articulation of a different 
policy in the Mobile Spectrum Holdings Order adopted in 2014, the 
Commission applied a case-by-case review to the initial licensing of 
spectrum post-auction, and similarly allowed for divestiture of 
licenses to address potential competitive harms identified in that 
review. Is it necessary and appropriate to apply such a review to the 
initial licensing of mmW

[[Page 89]]

spectrum post-auction? To the extent that commenters support a post-
auction case-by-case review of spectrum acquired at auction, commenters 
should discuss how the review should be implemented, including what the 
Commission should consider when undertaking such a review, how an 
entity's mmW spectrum holdings should be calculated, and potential 
remedies to ameliorate any potential competitive concerns identified in 
the review.

D. Operability in 24 GHz

    14. The Commission historically has sought to promote greater 
operability of equipment, allowing smaller providers to benefit from 
the scale generated by equipment capable of operating across an entire 
band or adjacent bands. In the R&O, the Commission adopted an 
operability requirement for the 28 GHz band, and for the 37 and 39 GHz 
bands. This requirement specifies that any mobile or transportable 
equipment capable of operating in any portion of the 28 GHz band must 
be capable of operating across the entire 28 GHz band (from 27.5 to 
28.35 GHz), and similarly that any such equipment capable of operating 
in the 37 GHz or 39 GHz bands must be capable of operating across the 
entirety of both of those bands (from 37 GHz to 40 GHz).
    15. The Commission today adopts rules adding the 24 GHz band 
(24.25-24.45 GHz and 24.75-25.25 GHz) to UMFUS. Given the segmented 
nature of the band, the Commission wants to ensure that all portions of 
the band are available for development and deployment of services as a 
practical matter, and in particular that the lower segment of the band 
does not suffer from a lack of available equipment. The operability 
rule the Commission adopted in the R&O is specific to the 28 GHz band 
and the 37/39 GHz bands, and does not currently apply to UMFUS 
generally, or to the 24 GHz band. The Commission therefore proposes to 
add an operability requirement for the 24 GHz band. Specifically, the 
Commission proposes to require that any equipment capable of operating 
anywhere within the 24 GHz band must be capable of operating across the 
entire 24 GHz band, on all frequencies in both band segments. The 
Commission seeks comment on this proposal.

E. Other Millimeter Wave (mmW) Bands

    16. The Commission reiterates that the mmW bands that were in the 
prior NPRM/FNPRM or raised in the record, but which the Commission has 
not yet made available for flexible terrestrial wireless use, are still 
under consideration by the Commission. The proceeding on these bands is 
ongoing and they will be considered in future Commission items, and the 
Commission invites comment on any new studies or quantitative data that 
the Commission should consider. The Commission notes that does not 
preclude the Commission from moving forward to adopt new provisions 
where the Commission has reached agreement with the Executive Branch on 
sharing or interference protections and have a developed record. To the 
extent that there are additional mmW bands that the Commission should 
consider for flexible terrestrial wireless use, which have not been 
raised in the proceeding thus far, the Commission invites interested 
parties to file comments on these frequencies.

F. Initial Regulatory Flexibility Analysis

    17. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), 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 attached Further Notice of Proposed 
Rulemaking (FNPRM). 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 FNPRM for comments. The Commission 
will send a copy of this FNPRM, including this IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration (SBA). In 
addition, the FNPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.
1. Need for, and Objectives of, the Proposed Rules
    18. In the Second Further Notice of Proposed Rulemaking, the 
Commission proposes to authorize FSS use of the 24.75-25.25 GHz band 
for individually licensed earth stations. The Commission also proposes 
to create a buildout standard for Upper Microwave Flexible Use Service 
(UMFUS) licensees based on geographic area coverage that would be an 
alternative to the current population coverage standard in the current 
rules. The Commission also seeks comment on establishing an operability 
requirement throughout the 24 GHz band. Finally, the Commission seeks 
comment on what other mmW bands may be appropriate for UMFUS use.
    19. Under the current rules, BSS feeder links have priority over 
other FSS uses in the 24.75-25.25 GHz band. Given the very light use of 
the 24.75-25.25 GHz band for BSS feeder links, the existence of the 
Commission's earth station two-degree spacing rules that can protect 
BSS feeder links from other FSS earth stations in the band, and the 
power limits placed on BSS feeder link earth stations, it appears there 
is no need to give BSS feeder link earth stations priority over other 
uses of the FSS for earth stations located within the United States, or 
to preclude other FSS earth stations from claiming protection from 
feeder link earth stations located within the United States.
    20. A performance metric based on geographic area coverage (or 
presence) would allow for networks that provide meaningful service but 
deploy along other lines than residential population. Such a metric 
could be useful for sensor-based networks, particularly for uses in 
rural areas. The Commission proposes to adopt the following metric as 
an option for UMFUS licensees to fulfill their buildout requirements: 
Geographic area coverage of 25% of the license area. The Commission 
also seeks comment on an alternative requirement of presence in 25% of 
subset units of the license area, such as census tracts, counties, or 
some other area. The latter standard could accommodate deployments, 
such as sensor networks, that are not designed to provide mobile or 
point-to-multipoint area coverage, and for whom calculating ``coverage 
of 25% of the area'' would therefore not be a meaningful standard.
    21. The FNPRM proposes an operability requirement such that any 
device designed to operate within the 24 GHz bands must be capable of 
operating on all frequencies within those bands. This operability 
requirement will ensure that devices developed for the 24 GHz band 
operate throughout the band, making it easier for smaller businesses 
with fewer resources to find equipment that can operate across the 
entire band.
    22. Finally, to the extent that there are additional mmW bands that 
the Commission should consider for flexible terrestrial wireless use, 
which have not been raised in the proceeding thus far, the Commission 
invites interested parties to file comments on these frequencies. To 
the extent additional spectrum can be made available for UMFUS use, 
that additional spectrum will make it easier for small businesses to 
obtain the spectrum they need to provide service.
2. Legal Basis
    23. The proposed action is authorized pursuant to sections 1, 2, 3, 
4, 5, 7, 301, 302, 302a, 303, 304, 307, 309, and 310 of the 
Communications Act of 1934, 47

[[Page 90]]

U.S.C. 151, 152, 153, 154, 155, 157, 301, 302, 302a, 303, 304, 307, 
309, and 310, section 706 of the Telecommunications Act of 1996, as 
amended, 47 U.S.C. 1302.
3. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply
    24. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees and 12 had employment of 1,000 employees or 
more. Thus, under this category and the associated size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities.
    25. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the Upper Microwave Flexible Use Service 
and the mmW Service where licensees can choose between common carrier 
and non-common carrier status. At present, there are approximately 
66,680 common carrier fixed licensees, 69,360 private and public safety 
operational-fixed licensees, 20,150 broadcast auxiliary radio 
licensees, 411 LMDS licenses, 33 24 GHz DEMS licenses, 777 39 GHz 
licenses, and five 24 GHz licensees, and 467 mmW licenses in the 
microwave services. The Commission has not yet defined a small business 
with respect to microwave services. The closest applicable SBA category 
is Wireless Telecommunications Carriers (except Satellite) and the 
appropriate size standard for this category under SBA rules is that 
such a business is small if it has 1,500 or fewer employees. For this 
industry, U.S. Census Bureau data for 2012 shows that there were 967 
firms that operated for the entire year. Of this total, 955 had 
employment of 999 or fewer, and 12 firms had employment of 1,000 
employees or more. Thus, under this SBA category and the associated 
standard, the Commission estimates that the majority of fixed microwave 
service licensees can be considered small.
    26. The Commission does not have data specifying the number of 
these licensees that have more than 1,500 employees, and thus is unable 
at this time to estimate with greater precision the number of fixed 
microwave service licensees that would qualify as small business 
concerns under the SBA's small business size standard. Consequently, 
the Commission estimates that there are up to 36,708 common carrier 
fixed licensees and up to 59,291 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services that 
may be small and may be affected by the rules and policies adopted 
herein. The Commission notes, however, that both the common carrier 
microwave fixed and the private operational microwave fixed licensee 
categories includes some large entities.
    27. Satellite Telecommunications and All Other Telecommunications. 
This category comprises firms ``primarily engaged in providing 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' The category has a small 
business size standard of $32.5 million or less in average annual 
receipts, under SBA rules. For this category, U.S. Census Bureau data 
for 2012 shows that there were a total of 333 firms that operated for 
the entire year. Of this total, 299 firms had annual receipts of less 
than $25 million. Consequently, the Commission estimates that the 
majority of satellite telecommunications providers are small entities.
    28. All Other Telecommunications. The ``All Other 
Telecommunications'' category is comprised of establishments primarily 
engaged in providing specialized telecommunications services, such as 
satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications 
from, satellite systems. Establishments providing internet services or 
voice over internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry.'' 
The SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census Bureau data for 2012 shows that there were a total of 1442 firms 
that operated for the entire year. Of these firms, a total of 1400 
firms had gross annual receipts of under $25 million and 42 firms had 
gross annual receipts of $25 million to $49,999,999. Thus, the 
Commission estimates that a majority of ``All Other 
Telecommunications'' firms potentially affected by its actions can be 
considered small.
    29. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. 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 established a size standard for 
this industry of 1,250 employees or less. U.S. Census Bureau data for 
2012 shows that 841 establishments operated in this industry in that 
year. Of that number, 828 establishments operated with fewer than 1,000 
employees, 7 establishments operated with between 1,000 and 2,499 
employees and 6 establishments operated with 2,500 or more employees. 
Based on this data, the Commission concludes that a majority of 
manufacturers in this industry is small.
4. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    30. The projected reporting, recordkeeping, and other compliance 
requirements proposed in the Second FNPRM will apply to all entities in 
the same manner. The revisions the Commission adopts should benefit 
small entities by giving them more information, more flexibility, and 
more options for gaining access to wireless spectrum.
    31. Small entities and other applicants in the Upper Microwave 
Flexible Use Service will be required to meet buildout requirements at 
the end of their initial license terms. In doing so, they will be 
required to provide information to the Commission on the facilities 
they have constructed, the nature of the service they are providing, 
and the extent to which they are providing coverage in their license 
area.

[[Page 91]]

    32. Because the Commission has already adopted performance 
requirements for UMFUS licensees, the proposal in the Second FNPRM will 
not change the recordkeeping and compliance requirements for small 
entities and other UMFUS licensees. The Second FNPRM proposes to give 
small entities and other UMFUS licensees another means of meeting those 
requirements. The Commission expects that the filing, recordkeeping and 
reporting requirements associated with the demands described above, 
will require small entities as well as other entities that intend to 
utilize these new UMFUS licenses, to use professional, accounting, 
engineering or survey services to meet these requirements. As noted 
below, the Commission seeks comment on any steps that could be taken to 
minimize any significant economic impact on small businesses.
5. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    33. The RFA requires an agency to describe any significant 
alternatives for small businesses that it has considered in reaching 
its proposed approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities. Accordingly, the Commission seeks comment on whether any of 
burdens associated the filing, recordkeeping and reporting requirements 
described above can be minimized for small businesses. In particular, 
the Commission seeks comment on whether any of the costs associated 
with its construction or performance requirements in these bands can be 
alleviated for small businesses.
    34. As noted above, the buildout requirements and information 
reported to the Commission will be the same for small and large 
businesses in the Upper Microwave Flexible Use Service. To the extent 
applying the rules equally to all entities results in the cost of 
complying with these burdens being relatively greater for smaller 
businesses than for large ones, these costs are necessary to effectuate 
the purpose of the Communications Act, namely to ensure that spectrum 
is being put into use. Moreover, while small and large businesses must 
equally comply with these rules and requirements, the proposed rule 
changes would grant additional flexibility to all licensees, including 
small businesses. Specifically, opening 24.75-25.25 GHz for general FSS 
use will provide small satellite entities with access to additional 
spectrum which they can use in connection with individually licensed 
earth stations. Creating a geographic area buildout metric for UMFUS 
licensees will give those licensees, including small businesses, an 
option for providing service that does not cover a large population.
    35. To assist the Commission's evaluation of the economic impact on 
small entities, as a result of actions that have been proposed in the 
Second FNPRM, and to better explore options and alternatives, the 
Commission has sought comment from the parties. The Commission seeks 
comment on whether any of the burdens associated the filing, 
recordkeeping and reporting requirements described above can be 
minimized for small businesses. In addition, the Second FNPRM seeks 
comment on whether any of the costs associated with its construction or 
performance requirements in these bands can be alleviated for small 
businesses. The Commission expects to more fully consider the economic 
impact and alternatives for small entities following the review of 
comments filed in response to the Second FNPRM.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    36. None.

List of Subjects in 47 CFR Parts 2, 25, 30

    Communications common carriers, Reporting and recordkeeping 
requirements, Communications equipment.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2, 25, and 30 
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. In Sec.  2.106, the Table of Frequency Allocations is amended as 
follows:
0
a. Page 54 is revised.
0
b. In the list of non-Federal Government (NG) Footnotes, footnote NG535 
is removed.
    The revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 92]]

[GRAPHIC] [TIFF OMITTED] TP02JA18.000


[[Page 93]]


[GRAPHIC] [TIFF OMITTED] TP02JA18.001


[[Page 94]]


BILLING CODE 6712-01-C
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 is revised to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, and 721, unless otherwise noted.

0
4. Amend Sec.  25.103 by revising the definitions of ``Routine 
processing or licensing'' and ``Two-degree-compliant space station'' to 
read as follows:


Sec.  25.103  Definitions.

* * * * *
    Routine processing or licensing. Expedited processing of unopposed 
applications for earth stations in the FSS communicating with GSO space 
stations, except for earth stations licensed pursuant to Sec.  25.136, 
that satisfy the criteria in Sec. Sec.  25.138(a), 25.211(d), 
25.212(c), 25.212(d), 25.212(e), 25.212(f), and 25.218, include all 
required information, are consistent with all Commission rules, and do 
not raise any policy issues. Some, but not all, routine earth station 
applications are eligible for an autogrant procedure under Sec.  
25.115(a)(3).
* * * * *
    Two-degree-compliant space station. A GSO FSS space station 
operating in the conventional or extended C-bands, the conventional or 
extended Ku-bands, the 24.75-25.25 GHz band, or the conventional Ka-
band within the limits on downlink EIRP density or PFD specified in 
Sec.  25.140(a)(3) and communicating only with earth stations operating 
in conformance with routine uplink parameters specified in Sec. Sec.  
25.138(a), 25.211(d), 25.212(c), (d), or (f), Sec. Sec.  25.218, 
25.221(a)(1) or (a)(3), and Sec.  25.222(a)(1) or (a)(3), Sec.  
25.226(a)(1) or (a)(3), or Sec.  25.227(a)(1) or (a)(3).
* * * * *
0
5. Amend Sec.  25.114 by revising paragraph (d)(7) and removing and 
reserving paragraph (d)(17) as follows:


Sec.  25.114  Applications for space station authorizations.

* * * * *
    (d) * * *
    (7) Applicants for authorizations for space stations in the Fixed-
Satellite Service must also include the information specified in Sec.  
25.140(a). Applicants for authorizations for space stations in the 17/
24 GHz Broadcasting-Satellite Service must also include the information 
specified in Sec.  25.140(b);
* * * * *
0
6. Amend Sec.  25.115 by revising paragraphs (e)(1) and (g)(1)(vii) to 
read as follows:


Sec.  25.115  Applications for earth station authorizations.

* * * * *
    (e) * * *
    (1) An application for a GSO FSS earth station license in the 17.8-
19.4 GHz, 19.6-20.2 GHz, 24.75-25.25 GHz, 27.5-29.1 GHz, or 29.25-30 
GHz bands not filed on FCC Form 312EZ pursuant to paragraph (a)(2) of 
this section must be filed on FCC Form 312, Main Form and Schedule B, 
and must include any information required by paragraph (g) or (j) of 
this section or by Sec.  25.130.
* * * * *
    (g) * * *
    (1) * * *
    (vii) The relevant off-axis EIRP density envelopes in Sec. Sec.  
25.138, 25.218, 25.221, 25.222, 25.226, or Sec.  25.227 must be 
superimposed on plots submitted pursuant to paragraphs (g)(1)(i) 
through (vi) of this section.
* * * * *
0
7. Amend Sec.  25.136 by revising the section heading and paragraphs 
(d) and (e) to read as follows:


Sec.  25.136  Earth Stations in the 24.75-25.25 GHz, 27.5-28.35 GHz, 
37.5-40 GHz and 47.2-48.2 GHz bands.

* * * * *
    (d) Notwithstanding that FSS is co-primary with the Upper Microwave 
Flexible Use Service in the 24.75-25.25 GHz and 47.2-48.2 GHz bands, 
earth stations in those bands shall be limited to individually licensed 
earth stations. An applicant for a license for a transmitting earth 
station in the 24.75-25.25 GHz or 47.2-48.2 GHz band must meet one of 
the following criteria to be authorized to operate without providing 
any additional interference protection to stations in the Upper 
Microwave Flexible Use Service:
    (1) The FSS licensee also holds the relevant Upper Microwave 
Flexible Use Service license(s) for the area in which the earth station 
generates a PFD, at 10 meters above ground level, of greater than or 
equal to -77.6 dBm/m\2\/MHz; or
    (2) The earth station in the 47.2-48.2 GHz band was authorized 
prior to [effective date of second R&O] or the earth station in the 
24.75-25.25 GHz band was authorized prior to [effective date of this 
rule]; or
    (3) The application for the earth station in the 47.2-48.2 GHz band 
was filed prior to [effective date for second R&O] or the application 
for the earth station in the 24.75-25.25 GHz band was filed prior to 
[effective date of this rule]; or
    (4) The applicant demonstrates compliance with all of the following 
criteria in its application:
    (i) There are no more than two other authorized earth stations 
operating in the same band within the county where the proposed earth 
station is located that meet the criteria contained in either 
paragraphs (d)(1) (d)(2), (d)(3) or (d)(4) of this section, and there 
are no more than 14 other authorized earth stations operating in the 
same band within the PEA where the proposed earth station is located 
that meet the criteria contained in paragraphs (d)(1) (d)(2), (d)(3) or 
(d)(4) of this. For purposes of this requirement, multiple earth 
stations that are collocated with or at a location contiguous to each 
other shall be considered as one earth station;
    (ii) The area in which the earth station generates a PFD, at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m\2\/
MHz, together with the similar area of any other earth station 
authorized pursuant to paragraph (d) of this, does not cover, in the 
aggregate, more than the amount of population of the PEA within which 
the earth station is located as noted in Table 1 to this paragraph:

                     Table 1 to Paragraph (d)(4)(ii)
------------------------------------------------------------------------
                                           Maximum permitted aggregate
Population within partial economic area    population within -77.6 dBm/
  (PEA) where earth station is located    m\2\/MHz PFD contour of earth
                                                     stations
------------------------------------------------------------------------
Greater than 2,250,000.................  0.1 percent of population in
                                          PEA.
Between 60,000 and 2,250,000...........  2,250 people.
Fewer than 60,000......................  3.75 percent of population in
                                          PEA.
------------------------------------------------------------------------

    (iii) The area in which the earth station generates a PFD) at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m\2\/
MHz does not contain any major event venue, any highway classified by 
the U.S.

[[Page 95]]

Department of Transportation under the categories Interstate, Other 
Freeways and Expressways, or Other Principal Arterial, or an urban mass 
transit route, passenger railroad, or cruise ship port; and;
    (iv) The applicant has successfully completed frequency 
coordination with the UMFUS licensees within the area in which the 
earth station generates a power flux density (PFD), at 10 meters above 
ground level, of greater than or equal to -77.6 dBm/m\2\/MHz with 
respect to existing facilities constructed and in operation by the 
UMFUS licensee. In coordinating with UMFUS licensees, the applicant 
shall use the applicable processes contained in Sec.  101.103(d) of 
this chapter.
    (e) If an earth station applicant or licensee in the 24.75-25.25 
GHz, 27.5-28.35 GHz, 37.5-40 GHz and/or 47.2-48.2 GHz bands enters into 
an agreement with an UMFUS licensee, their operations shall be governed 
by that agreement, except to the extent that the agreement is 
inconsistent with the Commission's rules or the Communications Act.
* * * * *
0
8. Amend Sec.  25.138 by revising the section heading and paragraph (a) 
introductory text to read as follows:


Sec.  25.138  Licensing requirements for GSO FSS earth stations in the 
conventional Ka-band and the 24.75-25.25 GHz band.

    (a) Applications for earth station licenses in the GSO FSS in the 
conventional Ka-band or the 24.75-25.25 GHz band that indicate that the 
following requirements will be met and include the information required 
by relevant provisions in Sec. Sec.  25.115 and 25.130 may be routinely 
processed:
* * * * *
0
9. Amend Sec.  25.140 by revising paragraphs (a)(2), (a)(3) 
introductory text, (a)(3)(iii) through (v), adding paragraph 
(a)(3)(vi), revising paragraph (b) introductory text, (b)(3) through 
(b)(5), removing paragraph (b)(6), removing and reserving paragraph 
(c), and revising paragraph (d) introductory text to read as follows:


Sec.  25.140  Further requirements for license applications for GSO 
space station operation in the FSS and the 17/24 GHz BSS.

    (a) * * *
    (2) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation, including applicants 
proposing feeder links for space stations operating in the 17/24 GHz 
BSS, that will be located at an orbital location less than two degrees 
from the assigned location of an authorized co-frequency GSO space 
station, must either certify that the proposed operation has been 
coordinated with the operator of the co-frequency space station or 
submit an interference analysis demonstrating the compatibility of the 
proposed system with the co-frequency space station. Such an analysis 
must include, for each type of radio frequency carrier, the link noise 
budget, modulation parameters, and overall link performance analysis. 
(See Appendices B and C to Licensing of Space Stations in the Domestic 
Fixed-Satellite Service, FCC 83-184, and the following public notices, 
copies of which are available in the Commission's EDOCS database: DA 
03-3863 and DA 04-1708.) The provisions in this paragraph do not apply 
to proposed analog video operation, which is subject to the requirement 
in paragraph (a)(1) of this section.
    (3) In addition to the information required by Sec.  25.114, an 
applicant for a GSO FSS space station, including applicants proposing 
feeder links for space stations operating in the 17/24 GHz BSS, must 
provide the following for operation other than analog video operation:
* * * * *
    (iii) With respect to proposed operation in the conventional Ka-
band, a certification that the proposed space station will not generate 
power flux-density at the Earth's surface in excess of -118 dBW/m\2\/
MHz and that associated uplink operation will not exceed applicable 
EIRP density envelopes in Sec.  25.138(a) unless the non-routine uplink 
and/or downlink operation is coordinated with operators of authorized 
co-frequency space stations at assigned locations within 6 degrees of 
the orbital location and except as provided in paragraph (d) of this 
section.
    (iv) With respect to proposed operation in the 24.75-25.25 GHz band 
(Earth-to-space), a certification that the proposed space station will 
not generate a power flux density at the Earth's surface in excess of 
the applicable limits in this part and that the associated uplink 
operation will not exceed applicable EIRP density envelopes in Sec.  
25.138(a) unless the non-routine uplink and/or downlink operation is 
coordinated with operators of authorized co-frequency space stations at 
assigned locations within six degrees of the orbital location and 
except as provided in paragraph (d) of this section.
    (v) With respect to proposed operation in the 4500-4800 MHz (space-
to-Earth), 6725-7025 MHz (Earth-to-space), 10.70-10.95 GHz (space-to-
Earth), 11.20-11.45 GHz (space-to-Earth), and/or 12.75-13.25 GHz 
(Earth-to-space) bands, a statement that the proposed operation will 
take into account the applicable requirements of Appendix 30B of the 
ITU Radio Regulations (incorporated by reference, see Sec.  25.108) and 
a demonstration that it is compatible with other U.S. ITU filings under 
Appendix 30B.
    (vi) With respect to proposed operation in other FSS bands, an 
interference analysis demonstrating compatibility with any previously 
authorized co-frequency space station at a location two degrees away or 
a certification that the proposed operation has been coordinated with 
the operator(s) of the previously authorized space station(s). If there 
is no previously authorized space station at a location two degrees 
away, the applicant must submit an interference analysis demonstrating 
compatibility with a hypothetical co-frequency space station two 
degrees away with the same receiving and transmitting characteristics 
as the proposed space station.
    (b) Each applicant for a license to operate a space station 
transmitting in the 17.3-17.8 GHz band must provide the following 
information, in addition to that required by Sec.  25.114:
* * * * *
    (3) An applicant for a license to operate a space station 
transmitting in the 17.3-17.8 GHz band must certify that the downlink 
power flux density on the Earth's surface will not exceed the values 
specified in Sec.  25.208(c) and/or (w), or must provide the 
certification specified in Sec.  25.114(d)(15)(ii).
    (4) An applicant for a license to operate a space station 
transmitting in the 17.3-17.8 GHz band to be located less than four 
degrees from a previously licensed or proposed space station 
transmitting in the 17.3-17.8 GHz band, must provide an interference 
analysis of the kind described in paragraph (a) of this, except that 
the applicant must demonstrate that its proposed network will not cause 
more interference to the adjacent space station transmitting in the 
17.3-17.8 GHz band operating in compliance with the technical 
requirements of this part, than if the applicant were locate at an 
orbital separation of four degrees from the previously licensed or 
proposed space station.
    (5) In addition to the requirements of paragraphs (b)(3) and (b)(4) 
of this section, the link budget for any satellite in the 17.3-17.8 GHz 
band (space-to-Earth) must take into account

[[Page 96]]

longitudinal stationkeeping tolerances. Any applicant for a space 
station transmitting in the 17.3-17.8 GHz band that has reached a 
coordination agreement with an operator of another space station to 
allow that operator to exceed the pfd levels specified in the rules for 
this service, must use those higher pfd levels for the purpose of this 
showing.
    (c) [Reserved]
    (d) An operator of a GSO FSS space station in the conventional or 
extended C-bands, conventional or extended Ku-bands, 24.75-25.25 GHz 
band (Earth-to-space), or conventional Ka-band may notify the 
Commission of its non-routine transmission levels and be relieved of 
the obligation to coordinate such levels with later applicants and 
petitioners.
* * * * *


Sec.  25.203  [Amended]

0
10. Amend Sec.  25.203 by removing and reserving paragraph (l).
0
11. Amend Sec.  25.204 by removing paragraph (e)(4) and revising 
paragraphs (e) introductory text, (e)(1) and (3) to read as follows:


Sec.  25.204  Power limits for earth stations.

* * * * *
    (e) To the extent specified in paragraphs (e)(1) through (e)(3) of 
this section, earth stations in the Fixed-Satellite Service may employ 
uplink adaptive power control or other methods of fade compensation to 
facilitate transmission of uplinks at power levels required for desired 
link performance while minimizing interference between networks.
    (1) Except when paragraphs (e)(2) through (e)(3) of this section 
apply, transmissions from FSS earth stations in frequencies above 10 
GHz may exceed the uplink EIRP and EIRP density limits specified in the 
station authorization under conditions of uplink fading due to 
precipitation by an amount not to exceed 1 dB above the actual amount 
of monitored excess attenuation over clear sky propagation conditions. 
EIRP levels must be returned to normal as soon as the attenuating 
weather pattern subsides.
* * * * *
    (3) FSS earth stations transmitting to geostationary space stations 
in the 24.75-25.25 GHz, 28.35-28.6 GHz, and/or 29.25-30.0 GHz bands may 
employ uplink adaptive power control or other methods of fade 
compensation. For stations employing uplink power control, the values 
in paragraphs (a)(1), (a)(2), and (a)(4) of Sec.  25.138 of this part 
may be exceeded by up to 20 dB under conditions of uplink fading due to 
precipitation. The amount of such increase in excess of the actual 
amount of monitored excess attenuation over clear sky propagation 
conditions must not exceed 1.5 dB or 15 percent of the actual amount of 
monitored excess attenuation in dB, whichever is larger, with a 
confidence level of 90 percent except over transient periods accounting 
for no more than 0.5 percent of the time during which the excess is no 
more than 4.0 dB.
* * * * *
0
12. Amend Sec.  25.209 by revising paragraph (f) to read as follows:


Sec.  25.209  Earth station antenna performance standards.

* * * * *
    (f) A GSO FSS earth station with an antenna that does not conform 
to the applicable standards in paragraphs (a) and (b) of this section 
will be authorized only if the applicant demonstrates that the antenna 
will not cause unacceptable interference. This demonstration must 
comply with the requirements in Sec. Sec.  25.138, 25.218, 25.220, 
25.221, 25.222, 25.226, or Sec.  25.227, as appropriate.
* * * * *
0
13. Amend Sec.  25.210 by revising paragraph (i) to read as follows:
* * * * *
    (i) 17/24 GHz BSS space station antennas transmitting in the 17.3-
17.8 GHz band must be designed to provide a cross-polarization 
isolation such that the ratio of the on axis co-polar gain to the 
cross-polar gain of the antenna in the assigned frequency band is at 
least 25 dB within its primary coverage area.
* * * * *
0
14. Amend Sec.  25.220 by revising paragraph (a) to read as follows:


Sec.  25.220  Non-routine transmit/receive earth station operations.

    (a) The requirements in this apply to applications for, and 
operation of, earth stations transmitting in the conventional or 
extended C-bands, the conventional or extended Ku-bands, the 24.75-
25.25 GHz band, or the conventional Ka-band that do not qualify for 
routine licensing under relevant criteria in Sec. Sec.  25.138, 25.211, 
25.212, 25.218, 25.221(a)(1) or (a)(3), Sec.  25.222(a)(1) or (a)(3), 
Sec.  25.226(a)(1) or (a)(3), or Sec.  25.227(a)(1) or (a)(3).
* * * * *


Sec.  25.223  [Removed and Reserved].

0
15. Remove and reserve Sec.  25.223.
0
16. Revise Sec.  25.262 to read as follows:


Sec.  25.262  Licensing and domestic coordination requirements for 17/
24 GHz BSS space stations.

    (a) An applicant may be authorized to operate a space station 
transmitting in the 17.3-17.8 GHz band at the maximum power flux 
density limits defined in Sec.  25.208(c) and/or Sec.  25.208(w) of 
this part, without coordinating its power flux density levels with 
adjacent licensed or permitted operators, only if there is no licensed 
space station, or prior-filed application for a space station 
transmitting in the 17.3-17.8 GHz band at a location less than four 
degrees from the orbital location at which the applicant proposes to 
operate.
    (b) Any U.S. licensee or permittee authorized to transmit in the 
17.3-17.8 GHz band that does not comply with the power flux-density 
limits set forth in Sec.  25.208(c) and/or Sec.  25.208(w) of this part 
shall bear the burden of coordinating with any future co-frequency 
licensees and permittees of a space station transmitting in the 17.3-
17.8 GHz band under the following circumstances:
    (1) If the operator's space-to-Earth power flux-density levels 
exceed the power flux-density limits set forth in Sec.  25.208(c) and/
or Sec.  25.208(w) of this part by 3 dB or less, the operator shall 
bear the burden of coordinating with any future operators proposing a 
space station transmitting in the 17.3-17.8 GHz band in compliance with 
power flux-density limits set forth in Sec.  25.208(c) and/or Sec.  
25.208(w) of this part and located within 6 degrees of the 
operator's 17/24 GHz BSS space station.
    (2) If the operator's space-to-Earth power flux-density levels 
exceed the power flux-density limits set forth in Sec.  25.208(c) and/
or Sec.  25.208(w) of this part by more than 3 dB, the operator shall 
bear the burden of coordinating with any future operators proposing a 
space station transmitting in the 17.3-17.8 GHz band in compliance with 
power flux-density limits set forth in Sec.  25.208(c) and/or Sec.  
25.208(w) of this part and located within 10 degrees of the 
operator's space station.
    (3) If no good faith agreement can be reached, the operator of the 
space station transmitting in the 17.3-17.8 GHz band that does not 
comply with Sec.  25.208(c) and/or Sec.  25.208(w) of this part shall 
reduce its space-to-Earth power flux-density levels to be compliant 
with those specified in Sec.  25.208(c) and/or Sec.  25.208(w) of this 
part.
    (c) Any U.S. licensee or permittee using a space station 
transmitting in the 17.3-17.8 GHz band that is required to

[[Page 97]]

provide information in its application pursuant to Sec.  25.140(b)(4) 
of this part must accept any increased interference that may result 
from adjacent space stations transmitting in the 17.3-17.8 GHz band 
that are operating in compliance with the rules for such space 
stations.
    (d)(1) Notwithstanding the provisions of this, licensees and 
permittees will be allowed to apply for a license or authorization for 
a replacement satellite that will be operated at the same power level 
and interference protection as the satellite to be replaced.
    (2) In addition, applicants for licenses or authority for a 
satellite to be operated at an orbit location that was made available 
after a previous license for a space station transmitting in the 17.3-
17.8 GHz band was cancelled or surrendered will be permitted to apply 
for authority to operate a satellite at the same power level and 
interference protection as the previous licensee at that orbit 
location, to the extent that their proposed operations are consistent 
with the provisions of this part. Such applications will be considered 
pursuant to the first-come, first-served procedures set forth in Sec.  
25.158 of this part.

PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE

0
17. The authority citation for part 30 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307, 
309, 310, 316, 332, 1302.

0
18. Amend Sec.  30.104 by redesignating paragraphs (b) through (e) as 
paragraphs (c) through (f), adding new paragraph (b), and revising 
newly redesignated paragraphs (c), (e), and (f) to read as follows:


Sec.  30.104  Performance Requirements.

* * * * *
    (b) In the alternative, a licensee may make its buildout showing on 
the basis of geographic area coverage. To satisfy the requirements of 
this using this metric, licensees relying on mobile or point-to-
multipoint service must show that they are providing reliable signal 
coverage and service to at least 25% of the geographic area of the 
license. The geographic area of the license shall be determined by the 
total land area of the county or counties covered by the license. 
Licensees relying on fixed point-to-point links or other, low-power 
point-to-point connections must show that they have deployed at least 
one transmitter or receiver in at least 25% of the census tracts within 
the license area. All equipment relied upon in the showing, whatever 
type of service or connection it provides, must be operational and 
providing service, either to customers or for internal use, as of the 
date of the filing.
    (c) Showings that rely on a combination of multiple types of 
service will be evaluated on a case-by-case basis. Licensees may not 
combine population-based showings with geographic area-based showings.
* * * * *
    (e) Failure to meet this requirement will result in automatic 
cancellation of the license. In bands licensed on a Partial Economic 
Area basis, licensees will have the option of partitioning a license on 
a county basis in order to reduce the population or land area within 
the license area to a level where the licensee's buildout would meet 
one of the applicable performance metrics.
    (f) Existing 24 GHz, 28 GHz and 39 GHz licensees shall be required 
to make a showing pursuant to this rule by June 1, 2024.
0
19. Revise Sec.  30.208 to read as follows:


Sec.  30.208  Operability.

    Mobile and transportable stations that operate on any portion of 
frequencies within the 27.5-28.35 GHz or the 37-40 GHz bands must be 
capable of operating on all frequencies within those particular bands. 
Mobile and transportable stations that operate on any portion of either 
the 24.25-24.45 GHz or 24.75-25.25 GHz bands must be capable of 
operating on all frequencies within both of these bands.

[FR Doc. 2017-27438 Filed 12-29-17; 8:45 am]
 BILLING CODE 6712-01-P