Notice2021-14968
The Federal Communications Commission and National Telecommunications and Information Administration: Coordination Procedures in the 3.45-3.55 GHz Band
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 19, 2021
Issuing agencies
Federal Communications CommissionCommerce DepartmentNational Telecommunications and Information Administration
Abstract
The Federal Communications Commission's Wireless Telecommunications Bureau (WTB) and the National Telecommunications and Information Administration (NTIA) issue this joint Public Notice to provide information about the cooperative sharing framework for federal and non-federal coordination in certain, defined areas where and when federal incumbents require continued access in the 3.45-3.55 GHz band. The Public Notice provides information and guidance on the overall coordination process, as contemplated by the 3.45 GHz Band 2d R&O, including informal pre-coordination discussions, the formal process of submitting coordination requests, and receiving results from relevant federal incumbents. The Public Notice also provides a streamlined coordination process for high-power radar sites.
Full Text
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<title>Federal Register, Volume 86 Issue 135 (Monday, July 19, 2021)</title>
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[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38081-38089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14968]
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FEDERAL COMMUNICATIONS COMMISSION
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[WT Docket No. 19-348; DA 21-645; FRS 36568]
The Federal Communications Commission and National
Telecommunications and Information Administration: Coordination
Procedures in the 3.45-3.55 GHz Band
AGENCY: Federal Communications Commission and National
Telecommunications and Information Administration, U.S. Department of
Commerce.
ACTION: Notice.
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SUMMARY: The Federal Communications Commission's Wireless
Telecommunications Bureau (WTB) and the National Telecommunications and
Information Administration (NTIA) issue this joint Public Notice to
provide information about the cooperative sharing framework for federal
and non-federal coordination in certain, defined areas where and when
federal incumbents require continued access in the 3.45-3.55 GHz band.
The Public Notice provides information and guidance on the overall
coordination process, as contemplated by the 3.45 GHz Band 2d R&O,
including informal pre-coordination discussions, the formal process of
submitting coordination requests, and receiving results from relevant
federal incumbents. The Public Notice also provides a streamlined
coordination process for high-power radar sites.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554 and U.S. Department of Commerce, National
Telecommunications and Information Administration, 1401 Constitution
Avenue NW, Washington, DC 20230.
DATES: Issued on July 19, 2021.
FOR FURTHER INFORMATION CONTACT: Joyce Jones at (202) 418-1327 or
<a href="/cdn-cgi/l/email-protection#d2b8bdabb1b7fcb8bdbcb7a192b4b1b1fcb5bda4"><span class="__cf_email__" data-cfemail="e08a8f998385ce8a8f8e8593a0868383ce878f96">[email protected]</span></a>, Mobility Division, Wireless Telecommunications
Bureau, FCC, or Gabrial Gersten at (202) 482-1182 or
<a href="/cdn-cgi/l/email-protection#d783a5b6b9a4bea3beb8b987bbb6b98497b9a3beb6f9b0b8a1"><span class="__cf_email__" data-cfemail="9fcbedfef1ecf6ebf6f0f1cff3fef1ccdff1ebf6feb1f8f0e9">[email protected]</span></a>, Strategic Planning Division, Office of
Spectrum Management, NTIA.
SUPPLEMENTARY INFORMATION: This is a summary of a public notice of the
coordination procedures in the 3.45-3.55 GHz band, released jointly by
the Federal Communications Commission's Wireless Telecommunications
Bureau and the United States Department of Commerce, National
Telecommunications and Information Administration, WT Docket No. 19-
348, DA 21-645, on June 2, 2021. The full text of this document
including all Appendices, is available for public inspection at the
following internet address: <a href="https://ecfsapi.fcc.gov/file/06021352508295/DA-21-645A1.pdf">https://ecfsapi.fcc.gov/file/06021352508295/DA-21-645A1.pdf</a>. Alternative formats are available for
people with disabilities (Braille, large print, electronic files, audio
format), by sending an email to <a href="/cdn-cgi/l/email-protection#fbbdb8b8cecbcfbb9d9898d59c948d"><span class="__cf_email__" data-cfemail="8bcdc8c8bebbbfcbede8e8a5ece4fd">[email protected]</span></a> or calling the Consumer
and Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432
(TTY).
Synopsis
I. Introduction
In March 2021, the Federal Communications Commission announced a
planned auction of new flexible-use licenses in the 3.45-3.55 GHz band
(Auction 110). See Auction of Flexible-Use Service Licenses in the
3.45-3.55 GHz Band for Next-Generation Wireless Services; Comment
Sought on Competitive Bidding Procedures for Auction 110, AU Docket No.
21-62, Public Notice, 2021 WL 1086298 (2021); see also Facilitating
Shared Use in the 3100-3550 MHz Band, WT Docket No. 19-348, Second
Report and Order, Order on Reconsideration, and Order of Proposed
Modification, 2021 WL 1086295 (2021) (3.45 GHz Band 2d R&O). Auction
110 will offer 4,060 new licenses throughout the contiguous United
States, subject to cooperative sharing requirements in certain, defined
areas where and when federal incumbents \1\ require continued access to
the band. The Commission, NTIA, and the Department of Defense (DoD) are
working collaboratively towards these goals. By this Public Notice, the
Commission, through WTB, and NTIA, provide (i) information for
potential bidders in the 3.45 GHz Service auction and (ii) guidance to
the ultimate 3.45 GHz Service licensees and the affected federal
incumbents regarding coordination procedures for shared use of the 3.45
GHz band. The joint nature of this Public Notice reflects the
intersecting jurisdictions of the Commission (which administers
spectrum for non-federal uses) and NTIA (which administers spectrum for
federal uses) in the radio spectrum, including in this band.
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\1\ References to federal incumbents in this Public Notice refer
to the individual military departments with which 3.45 GHz Service
licensees will negotiate coordination agreements.
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The Public Notice proceeds as follows. In section II, we provide
[[Page 38082]]
general background information about federal/non-federal coordination
in the areas of the 3.45 GHz band in which federal incumbents have
spectrum assignments. In section III, we provide information and
guidance on the overall coordination process in areas subject to
coordination, consistent with the requirements of the 3.45 GHz Band 2d
R&O, including informal pre-coordination discussions and the formal
process of submitting coordination requests and receiving results from
relevant federal incumbents.
II. Background
3.45 GHz Band 2d R&O. On March 17, 2021, the Commission adopted
rules governing flexible use of spectrum in the 3.45-3.55 GHz band,
thereby making 100 megahertz of mid-band spectrum available for
flexible-use wireless services, including 5G. Under the Commission's
framework for the band, developed in collaboration with the Executive
Branch, non-federal systems generally will have unencumbered use of the
entire band across the contiguous United States and, with limited
exceptions, federal systems operating in the band may not cause harmful
interference to non-federal operations in the band. In limited
circumstances and in locations where current incumbent federal systems
will remain in the band, however, non-federal systems will not be
entitled to protection against harmful interference from federal
operations (and restrictions may be placed on non-federal operations).
These exceptions will occur only in geographic areas specifically
identified as Cooperative Planning Areas and Periodic Use Areas.
Cooperative Planning Areas and Periodic Use Areas. Cooperative
Planning Areas and Periodic Use Areas are defined in US Footnote US431B
to the U.S. Table of Frequency Allocations. US431B also identifies the
boundaries of each of the 33 Cooperative Planning Areas, as well as the
23 overlapping Periodic Use Areas, by reference to either a point and
radius or a series of coordinates (which create a polygon). 3.45 GHz
Service licensees must successfully coordinate their operations with
federal incumbent(s) before commencing operation in any Cooperative
Planning Area or Periodic Use Area. Several statutory provisions
encourage negotiation, coordination, and spectrum sharing between non-
federal users and federal entities.\2\ Beyond simply coordinating
within those areas, federal and non-federal operators are encouraged to
enter into mutually acceptable operator-to-operator agreements. Such
agreements may permit more extensive flexible use within Cooperative
Planning and Periodic Use Areas by adopting a technical approach that
mitigates the interference risk to federal operations. The parameters
of Cooperative Planning and Periodic Use Areas defined in US431B are
the default, but in practice should be a starting point for
negotiations between flexible-use licensees and federal incumbents;
more expansive use by the flexible-use licensee can be agreed to in
areas and under circumstances or parameters acceptable to the federal
incumbent.
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\2\ See NTIA Manual, Annex O (Relocation or Sharing by Federal
Government Stations in Support of Reallocation) Sec. O.5.1
(Negotiation and Coordination with Non-Federal Users), citing, e.g.,
47 U.S.C. 923(g)(3)(A)(iv)(II) and (g)(3)(B)(i), 923(h)(2)(F); see
also id. at Sec. 928(d)(3)(B)(i)(II).
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Fort Bragg and Little Rock. As noted in the 3.45 GHz Band 2d R&O,
in all but two of the Cooperative Planning and Periodic Use Areas, 3.45
GHz Service licensees must coordinate with federal incumbents across
all 100 megahertz of spectrum within the areas. In the Fort Bragg,
North Carolina, Cooperative Planning Area and Periodic Use Area, in
contrast, licensees will only need to coordinate in the lower 40
megahertz of the band, i.e., 3450-3490 MHz, because the federal
incumbent will only use the lower 40 megahertz of the band in this
area, leaving the upper 60 megahertz unencumbered and available for
full-power, flexible-use operations in accordance with the rules
adopted herein. Thus, licensees in the upper portion of the band, i.e.,
3490-3550 MHz, need not coordinate with the federal incumbent in the
Fort Bragg areas. In the Little Rock, Arkansas Cooperative Planning
Area, for approximately the first 12 months following the close of the
auction for this band, licensees will have to coordinate with the
federal incumbent across all 100 megahertz of the spectrum within the
Little Rock area. After this time period, however, licensees will only
need to coordinate in the lower 40 megahertz of the band in the Little
Rock area, as the federal incumbent will vacate the upper 60 megahertz,
i.e., 3490-3550 MHz, by that time.\3\
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\3\ The DoD will provide notice to licensee(s) via their portal
account(s) and will post a notice on its portal front page, and NTIA
will post a similar notice on its 3450-3550 MHz web page (<a href="https://www.ntia.gov/category/3450-3550-mhz">https://www.ntia.gov/category/3450-3550-mhz</a>).
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Information on Incumbent Federal Operations. Information about
incumbent federal operations is generally available through the
affected federal incumbents' Transition Plans. By way of background,
federal incumbents in the 3.45 GHz band were required to develop and
submit Transition Plans to implement relocation or sharing arrangements
and affected federal incumbents have done so. Transition Plans contain
information on these federal systems, including the frequencies used,
emission bandwidth, system use, geographic service area, authorized
radius of operation, and estimated timelines and costs for relocation
or sharing. Affected federal incumbents are permitted to redact from
the publicly released Transition Plans classified national security
information and ``other information for which there is a legal basis
for nondisclosure and the public disclosure of which would be
detrimental to national security, homeland security, or public safety
or would jeopardize a law enforcement investigation.'' \4\ NTIA expects
to publish the publicly available Transition Plans on its website no
later than June 7, 2021.\5\ Other publicly available information from
NTIA regarding the 3.45 GHz band is also available through the same
website.
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\4\ See 47 U.S.C. 923(h)(7). Each federal entity that requested
pre-auction funds attested in its Transition Plan that it will,
during the transition period, make available to a non-federal user
with appropriate security clearances any classified information
regarding the relocation process, on a need-to-know basis, to assist
the non-federal user in the relocation process with the eligible
federal entity or other eligible federal entities. Accord 47 U.S.C.
928(d)(3)(B)(ii)(4); see also NTIA Manual of Regulations and
Procedures for Federal Radio Frequency Management (NTIA Manual),
Annex O at Sec. Sec. O.4.1 ] 3, O.6.1, and at Appendix: Common
Format for Transition Plans, Tab B.
\5\ See 47 U.S.C. 923(h)(5) (requiring NTIA to publish approved
plans on its website no later than 120 days before the start of the
auction). See <a href="https://www.ntia.gov/category/3450-3550-mhz">https://www.ntia.gov/category/3450-3550-mhz</a>.
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The 3.45 GHz band currently is used by the DoD for high- and low-
powered radar systems on a variety of platforms in the 3 GHz band,
including fixed, mobile, shipborne, and airborne operations, along with
testing infrastructure and training operations. Generally, incumbent
federal operations in 3.45 GHz band include the following categories of
systems:
<bullet> High-powered shipborne radars
<bullet> Lower power airborne radars
<bullet> Lower power ground-based radars
<bullet> Testing infrastructure
<bullet> Training operations
For information on the incumbent federal operations, please see the
Transition Plans and DoD's Workbook and associated file(s) once they
are published on NTIA's website.\6\
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\6\ <a href="https://www.ntia.gov/category/3450-3550-mhz">https://www.ntia.gov/category/3450-3550-mhz</a>.
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Below, we describe the specific coordination requirements set forth
in the 3.45 GHz Band 2d R&O and we provide guidance regarding how such
requirements might be addressed.
[[Page 38083]]
III. Coordination Process Guidance
Before a 3.45 GHz Service licensee commences operations in a
Cooperative Planning Area or Periodic Use Area, it must first
successfully coordinate with the federal incumbent(s) associated with
that area. The purpose of coordination is to facilitate shared use of
the band in these specified areas and during specified time periods.
The coordination procedures outlined here will apply to all 3.45 GHz
Service licensees seeking to operate in a Cooperative Planning Area or
Periodic Use Area, unless the 3.45 GHz Service licensee and the federal
incumbent(s) have reached a mutually agreeable coordination arrangement
that provides otherwise. Such arrangements could, for example, document
specific notification and activation procedures. Moreover, additional
coordination requirements, procedures, and scenarios may be developed,
consistent with any Administrative Procedure Act or other legal
requirement that may apply, in future public notices, specific
operator-to-operator agreements, or other mechanisms. We expect 3.45
GHz Service licensees and federal incumbents to negotiate in good faith
throughout the coordination process (e.g., sharing information about
their respective systems and communicating results to facilitate
commercial use \7\ of the band).
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\7\ References to commercial use in this Public Notice refer to
non-federal, primary, flexible use of the 3.45 GHz band and do not
preclude use of the band for private mobile radio services. See 47
U.S.C. 332(d)(3); 47 CFR 20.3.
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A. Contact
The DoD will create an online portal through which any 3.45 GHz
Service licensee that intends to commence operations within a
Cooperative Planning Area or Periodic Use Area must initiate formal
coordination requests for its relevant systems within the associated
area.
B. Informal Discussions
Before a 3.45 GHz Service licensee submits a formal coordination
request, it may share draft proposals or request that federal incumbent
coordination staff discuss draft coordination proposals. These
discussions are voluntary, informal, and non-binding and can begin at
any time after the conclusion of the auction. 3.45 GHz Service
licensees may discuss their proposed deployments and seek guidance from
the federal incumbent(s) on appropriate measures to ensure that
electromagnetic compatibility (EMC) analyses undertaken by the federal
incumbent(s) produce positive results. 3.45 GHz Service licensees and
federal representatives also may develop an analysis methodology that
reflects the characteristics of licensees' proposed deployments and the
federal incumbents' operation. These discussions also can involve
developing a process for identification and resolution of harmful
interference.
Informal discussions are intended to allow federal incumbents and
3.45 GHz Service licensees to share information about their respective
system designs and to identify potential issues before a formal
coordination request will be submitted through the DoD's online portal.
The federal incumbents involved, unless they specify otherwise in
writing, would not be committing to any final determination regarding
the outcome of the formal coordination. We strongly encourage parties
to use informal, non-binding discussions to minimize or resolve basic
methodological issues upfront, before having the 3.45 GHz Service
licensees submit formal coordination requests. The DoD will provide a
single point of contact on NTIA's website upon conclusion of the
auction through which a licensee may initiate informal discussions.
C. Formal Coordination
We provide guidance for the formal coordination process below. This
description is general, and the process may differ between federal
incumbents and is subject to modification by the federal incumbents and
licensees as agreed to on an operator-to-operator basis. We expect and
encourage federal incumbents and 3.45 GHz Service licensees to engage
in good faith coordination.
1. Initiation
Coordination shall be initiated by the 3.45 GHz Service licensee by
formally requesting access to operate within a Cooperative Planning
Area or Periodic Use Area. This request must be made directly through
the DoD's online portal. The 3.45 GHz Service licensee must set up its
portal account and, once established, the 3.45 GHz Service licensee
will receive a user guide and training on the use of the portal.
2. Timing
No formal coordination for nine (9) months. As set forth in the
3.45 GHz Band 2d R&O, unless a 3.45 GHz Service licensee and the
relevant federal incumbent otherwise agree, no formal coordination
requests may be submitted until nine (9) months after the date of the
auction closing Public Notice. 3.45 GHz Service licensees may request
informal discussions during this nine-month time period as described
above in section B.
Timing Generally and Affirmative Concurrence. Nine (9) months after
the close of the auction, federal incumbents are expected to timely
review and respond to formal coordination requests. We encourage
licensees and incumbents, through informal discussions, to serialize
formal coordination requests as appropriate to avoid an overwhelming
influx of coordination requests at the conclusion of the nine (9) month
quiet period. For example, a licensee holding licenses in multiple
Cooperative Planning or Periodic Use Areas could provide a prioritized
list of coordination requests to be acted upon by the federal
incumbent(s). This informal information exchange may aid the licensee
in creating its prioritized list of deployments, which is required as
part of its formal coordination request. We also encourage licensees
and federal incumbents to discuss, as appropriate, extended review
timelines to the extent that the incumbents' coordination resources are
exhausted due to a large number of requests within a short time period
after the quiet period. This will help maximize the quick and efficient
review of coordination requests.
When a licensee submits a formal request, the federal point of
contact will affirmatively acknowledge receipt of the request within
five (5) calendar days after the date of submission. Within ten (10)
calendar days after the submission date, federal incumbent staff will
notify the 3.45 GHz Service licensee that the request is complete or
incomplete. Unless the federal incumbent finds the request incomplete
or the federal incumbent and 3.45 GHz Service licensee agree to a
different timeline, the federal response (the results letter discussed
below) is due within sixty (60) calendar days after the deadline for
the notice of completeness.
Unless otherwise agreed to in writing, the requirement to reach a
coordination arrangement is satisfied only by obtaining the affirmative
concurrence of the relevant federal incumbent(s) via the portal. This
requirement is not satisfied by omission.
3. Submission Information
To submit a formal coordination request, the 3.45 GHz Service
licensee must include information about the technical characteristics
for its base stations and associated mobile units relevant to operation
within the Cooperative Planning Area or Periodic Use Area. This
information should be
[[Page 38084]]
provided in accordance with the instructions provided in the DoD's
online portal user's guide. The types of specific information,
including the likely data fields in the portal, include basic technical
operating parameters (e.g., system technology, mobile EIRP, frequency
block, channel bandwidth, site name, latitude, and longitude). The
portal will accept uploaded attachments that include narratives that
explain area-wide deployments.
3.45 GHz Service licensees must prioritize their deployments in the
Cooperative Planning Area or Periodic Use Area for each federal
incumbent when submitting a formal coordination request. If a licensee
seeks to coordinate with multiple systems or multiple locations of
operation controlled by one federal incumbent, it must specify the
order in which it prefers the federal incumbent process the request
(i.e., the order of systems or geographic locations).
4. Notice of Complete or Incomplete Request
Once a licensee submits a formal coordination request, the relevant
federal incumbent's coordination staff will review the data to ensure
that it is in the proper format and contains the proper content.
Federal incumbent coordination staff will notify the 3.45 GHz Service
licensee within ten (10) calendar days through the portal that its
formal coordination request is complete or incomplete. If the federal
incumbent coordination staff finds a request to be incomplete, it must
identify the information that the licensee must provide in as much
specificity as possible. We expect that parties will work
collaboratively to achieve completeness in a timely manner.
5. Coordination Analysis
As noted above, unless a timely notice of incomplete application is
sent to the 3.45 GHz Service licensee (or the parties agree to
different a timeline), the clock for the federal response begins to run
on the deadline for the notice of completeness. The federal response is
due within sixty (60) calendar days thereafter, unless the 3.45 GHz
Service licensee agrees otherwise. During these sixty (60) days, the
federal incumbent will coordinate with appropriate internal units,
complete EMC analysis, and post the 3.45 GHz Service concurrence,
partial concurrence with operating conditions, or denial. Each federal
incumbent is responsible for ensuring that it completes its internal,
multi-level review in a timely manner. Federal incumbents are
encouraged, through their designated internal coordination point of
contact or through other means, to ask any questions and discuss any
issues that arise with the 3.45 GHz Service licensee.
Once the designated federal incumbent coordinator completes its
analysis pursuant to the formal coordination request, the 3.45 GHz
Service licensee and the relevant federal incumbent field offices will
be notified automatically when a results letter is posted by the
federal user in the portal. The result of a coordination request will
be concurrence, partial concurrence with operating conditions that
specify the terms in which the licensee may begin operations, or denial
of the request. Because of the sensitive nature of the data involved in
much of the EMC analysis, the results letter may not present details of
the analysis, the federal frequency assignments affected, or timelines.
If a federal incumbent does not provide a results letter within the
sixty (60) day-deadline, or within the timeline otherwise agreed to by
the 3.45 GHz Service licensee, the 3.45 GHz Service licensee may
contact NTIA for assistance.
Once a results letter is posted by the federal incumbent
coordinator in the portal, we strongly encourage the 3.45 GHz Service
licensee to acknowledge receipt of the letter via the portal. If no
affirmative acknowledgement is made via the portal, the 3.45 GHz
Service licensee should be aware that the federal incumbent coordinator
may close out the coordination request in the portal 60 days after
posting the results letter. Notwithstanding the 3.45 GHz Service
licensee's acknowledgement of receipt, if a 3.45 GHz Service licensee
has questions about the result, it may contact the federal incumbent
coordinator to propose network design modifications to help address EMC
issues raised in the results letter. The federal incumbent coordinator
may, where feasible, review technical proposals from the 3.45 GHz
Service licensee to relieve or resolve a denial, partial concurrence or
any operating condition contained in the results letter. Once the 3.45
GHz Service licensee has revised its network design, it must resubmit a
new formal coordination request, and the 3.45 GHz Service formal
coordination process will begin again.
We stress again the benefits of informal discussions among 3.45 GHz
Service licensees and federal incumbents, including during the formal
coordination process. While in many cases, federal incumbent staff may
be unable to provide specific information about the protected federal
operations and are not responsible for designing the 3.45 GHz Service
system, they may offer some suggestions on how to address or mitigate
the issue, given the limited information that can be made available on
some federal systems. If the parties agree that informal discussions
would be helpful, the sixty (60)-day clock will be paused so the
federal incumbents are not forced to formally decline or condition the
pending, formal coordination request within the sixty (60)-day
deadline.
6. Streamlined Coordination Process for High-Power Radar Sites
An optional streamlined framework is available to meet the
coordination requirement associated with some of the high-power radar
facilities identified with an asterisk (*) in footnote US431B of 47 CFR
2.106 as set forth in Appendix A. The list of sites for which
streamlined coordination applies will be posted on NTIA's website at
the same time as the Transition Plans. 3.45 GHz Service licensees
requesting coordination for a Cooperative Planning Area have a
streamlined option set forth in Appendix B of this Public Notice in the
form of a template coordination agreement. Once a 3.45 GHz Service
licensee completes and delivers (via the DoD portal) a signed copy of
the template agreement set forth in Appendix B, and the federal
incumbent countersigns, the Commission and NTIA will deem the
coordination requirement satisfied for the 3.45 GHz Service licenses
and Cooperative Planning Areas listed in Table A of the agreement.
Federal incumbents will complete and countersign a template agreement
within thirty (30) calendar days of receiving one signed by the 3.45
GHz Service licensee. Exchange of information during execution of these
coordination agreements may be facilitated by use of the DoD portal
described in section C.1 above.
7. Periodic Use Areas Operator-to-Operator Agreements
In accordance with the 3.45 GHz Band 2d R&O, 3.45 GHz Service
licensees and federal incumbents are expected to develop operator-to-
operator agreements to define notification processes and timelines
before commencement of federal operations within a Periodic Use Area.
The operator-to-operator agreement could, for example, specify the
notification process, content, and timelines (i.e., the starting and
ending dates and times of such use). The agreements also may specify
that the 3.45 GHz Service licensee and the federal incumbent may use a
scheduling tool to complete the notification process
[[Page 38085]]
or agree to technical limitations to commercial operations (e.g.,
reduced power levels and antenna pointing angles) in lieu of a
notification process.
Upon receipt of a coordination request that includes a Periodic Use
Area, the DoD will contact the licensee via the portal to schedule a
time to discuss establishing an operator-to-operator agreement. Due to
the complexities of the negotiations, operator-to-operator agreements
may not be finalized during the 60-day coordination analysis process.
Both parties are expected to negotiate in good faith.
In addition, an Incumbent Informing Capability (IIC) could be
developed to facilitate coordination within the Periodic Use Areas. The
IIC concept is a time- and location-based spectrum sharing uniform
approach that would enable federal agencies to submit information,
reliably and securely, about when and where they would be employing
certain frequencies. This scheduling information would inform a
licensee, allowing commercial network providers to adjust operations in
near real time and avoid harmful interference. The goal is to enable
efficient, secure, and reliable spectrum sharing between new commercial
networks and the incumbent federal systems. As part of the DoD's funded
Transition Plan, the DoD will develop an Automated Sharing Coordination
System (ASCS) which could be used to provide notification of the
activation of Periodic Use Areas by DoD incumbents. All use of these
capabilities is dependent upon the operator-to-operator agreements.
D. Dispute Resolution
Disputes generally--during coordination or regarding a sharing
agreement. If disputes arise during the coordination process, we
strongly encourage parties to negotiate in good faith to resolve them.
If a 3.45 GHz Service licensee believes that a federal incumbent is not
negotiating in good faith, the licensee may seek the assistance of NTIA
or it can inform the Commission. If a federal incumbent believes that a
3.45 GHz Service licensee is not negotiating in good faith, it must
nonetheless timely respond to a formal request and would have the
option to seek assistance from NTIA or the Commission. We encourage
parties to enter into operator-to-operator agreements that have dispute
resolution provisions for any or all possible disputes. If a dispute
arises between an incumbent federal incumbent and a 3.45 GHz Service
licensee over an operator-to-operator agreement, provisions calling for
informal negotiation, mediation, or non-binding arbitration between the
parties will help to clearly define and narrow the issues for formal
agency resolution by NTIA, the Commission, or both agencies acting
jointly, as applicable.
Certain disputes for which the law and NTIA rules allow parties to
request a dispute resolution board. If a dispute arises between a
federal entity \8\ and a 3.45 GHz Service licensee regarding the
execution, timing, or cost of the approved Transition Plan, the law
provides that either the federal entity or the non-federal user may
request that NTIA establish a dispute resolution board to resolve the
dispute. See Section 113(i) of the NTIA Organization Act, as amended
(47 U.S.C. 923(i)). NTIA has adopted regulations that govern the
working of any dispute resolution boards established by NTIA. See 47
CFR part 301. Those regulations cover matters related to the workings
of a board, including the content of any request to establish a board,
the associated procedures for convening it, and the dispute resolution
process itself.\9\
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\8\ We note that the dispute resolution process detailed in 47
U.S.C. 923(i) references certain disputes that may arise between a
``Federal entity'' and a non-federal user. For purposes of this
Public Notice, such a ``Federal entity'' is the same as a federal
incumbent.
\9\ Membership of a dispute resolution board shall be composed
of a representative of OMB, NTIA, and the FCC, each appointed by the
head of his or her respective agency. The OMB representative serves
as the Chair of any board. With respect to the resolution of any
disputes that may arise, the law and NTIA's rules require a board to
meet simultaneously with representatives of the federal entity and
the non-federal user to discuss the dispute.
---------------------------------------------------------------------------
The Middle Class Tax Relief and Job Creation Act of 2012 requires a
board to rule on the dispute within thirty (30) days after a party has
requested NTIA to convene the board. As stated in Annex O, ``[t]he
statute's 30-day deadline for responding to formal dispute resolution
requests could possibly impact a board's ability to convene, meet with
the parties, and adequately address complex cases.'' NTIA Manual, Annex
O at Sec. O.5.2 ] 3. See 47 CFR 301.200(a)(2). At the same time,
however, the statute and Annex O encourage cooperation to assure timely
transitions between federal and non-federal use of the spectrum. If and
when differences surface among federal and non-federal parties, NTIA's
rules require the parties to make good faith efforts to solve these
problems on an informal basis before submitting a formal request to
establish a dispute resolution board. Informal negotiation, mediation,
or non-binding arbitration between the parties will help to clearly
define and narrow the issues needed to be brought into the formal
dispute resolution process.
The scope of a dispute resolution request and, consequently, a
board's decision, are limited by law and NTIA's regulations to matters
``regarding the execution, timing, or cost of the transition plan
submitted by the Federal entity.'' 47 U.S.C. 923(i)(1). The statute
authorizes a dispute resolution board to make binding decisions on such
matters that can be appealed to the United States Court of Appeals for
the District of Columbia Circuit. Id. Sec. 923(i)(7). Under NTIA's
rules, the dispute resolution board must also ensure that its decision
does not have a detrimental impact on any national security, law
enforcement, or public safety function made known to the board by an
agency. See 47 CFR 301.220(b); see also NTIA Manual, Annex O at Sec.
O.5.2 ] 4. To fulfill that obligation, the board may request additional
written submissions from an agency regarding the impact of such a
decision on the agency's operations, services, or functions.
E. Other Coordination Issues
Sharing of Sensitive and Classified Information. The DoD is
establishing a mechanism for the sharing of sensitive and classified
information. NTIA expects that further details regarding this process
will be posted on NTIA's website soon.
Interference Resolution Process. The introduction of non-federal,
flexible-use licenses increases the possibility that harmful
interference will occur between new entrants and incumbent federal
users. As reflected in the new footnote US431B to the Table of
Frequency Allocations, 3.45 GHz Service licensees in both types of
coordination areas (Cooperative Planning Areas and Periodic Use Areas)
must not cause harmful interference to federal users, and federal users
should minimize the operational effect that they have on non-federal
users. Furthermore, footnote US431B also provides that 3.45 GHz Service
licensees cannot claim interference protection within the coordination
areas, absent an operator-to-operator agreement that specifies
otherwise. In addition, 3.45 GHz Service licensees may be required to
``avoid, where possible, interference and potential damage to the non-
Federal operators' systems.'' 47 CFR 2.106 US431B(a). In instances of
identified harmful interference occurring between a federal user and a
3.45 GHz Service licensee not addressed by the coordination procedures
or operator agreements, the 3.45 GHz Service licensee shall first
attempt to resolve the
[[Page 38086]]
interference directly. If that effort is unsuccessful, the 3.45 GHz
Service licensee, if adversely affected, may escalate the matter to the
Commission.
Future Workshops and Workbooks. The DoD Transition Plans to be
published on NTIA's website will provide important information to
prospective auction participants. They will be redacted to remove
sensitive information as guided by statute. To supplement its
Transition Plans, the DoD will be providing a ``Workbook'' that will
offer additional publicly releasable information about its operations
and coordination expectations and will be posted on NTIA's website in
conjunction with the redacted Transition Plans. The Workbook will be in
the form of an Excel spreadsheet containing additional information
about where the DoD anticipates its operations will encumber census
tracts inside of the Cooperative Planning Areas and Periodic Use Areas
based on frequency block and commercial tower height. Its structure
will be similar to the AWS-3 DoD Workbook. As noted in both the NTIA
letter to the FCC and the 3.45 GHz Band 2d R&O, the Cooperative
Planning Areas and Periodic Use Areas are based on 100-meter commercial
towers. The DoD will be providing information on anticipated encumbered
census tracts based on both 100-meter and 100-foot commercial towers on
a frequency block basis. Additionally, the DoD will be providing
anticipated power density level curves for the high-power radar
locations via the mechanism for sharing sensitive information described
in Section E of this Public Notice.
The DoD is also planning to host a public workshop in the July 2021
timeframe to discuss its Transition Plans and the Workbook and answer
questions. Further details regarding the exact date, location, and
registration information will be made available on NTIA's website in
the near future.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau, Federal
Communications Commission.
Kathy Smith,
Chief Counsel, National Telecommunications and Information
Administration.
Appendix A
47 CFR 2.106 US431B
US431B The band 3450-3550 MHz is allocated on a primary basis to
the Federal radiolocation service and to the non-Federal fixed and
mobile, except aeronautical mobile, services on a nationwide basis.
Federal operations in the band 3450-3550 MHz shall not cause harmful
interference to non-Federal operations, except under the following
circumstances.
(a) Cooperative Planning Areas. Cooperative Planning Areas
(CPAs) are geographic locations in which non-Federal operations
shall coordinate with Federal systems in the band to deploy non-
Federal operations in a manner that shall not cause harmful
interference to Federal systems operating in the band. In addition,
operators of non-Federal stations may be required to modify their
operations (e.g., reduce power, filtering, adjust antenna pointing
angles, shielding, etc.) to protect Federal operations against
harmful interference and to avoid, where possible, interference and
potential damage to the non-Federal operators' systems. In these
areas, non-Federal operations may not claim interference protection
from Federal systems. Federal and non-Federal operators may reach
mutually acceptable operator-to-operator agreements to permit more
extensive non-Federal use by identifying and mutually agreeing upon
a technical approach that mitigates the interference risk to Federal
operations. To the extent possible, Federal use in CPAs will be
chosen to minimize operational impact on non-Federal users. The
table in paragraph (d) identifies the locations of CPAs, including,
for information, those with high powered Federal operations. CPAs
may also be Periodic Use Areas as described below. Coordination
between Federal users and non-Federal licensees in CPAs shall be
consistent with rules and procedures established by the FCC and
NTIA.
(b) Periodic Use Areas. Periodic Use Areas (PUAs) are geographic
locations in which non-Federal operations in the band shall not
cause harmful interference to Federal systems operating in the band
for episodic periods. During these times and in these areas, Federal
users will require interference protection from non-Federal
operations. Operators of non-Federal stations may be required to
temporarily modify their operations (e.g., reduce power, filtering,
adjust antenna pointing angles, shielding, etc.) to protect Federal
operations from harmful interference, which may include restrictions
on non-Federal stations' ability to radiate at certain locations
during specific periods of time. During such episodic use, non-
Federal users in PUAs must alter their operations to avoid harmful
interference to Federal systems' temporary use of the band, and
during such times, non-Federal operations may not claim interference
protection from Federal systems. Federal and non-Federal operators
may reach mutually acceptable operator-to-operator agreements such
that a Federal operator may not need to activate a PUA if a mutually
agreeable technical approach mitigates the interference risk to
Federal operations. To the extent possible, Federal use in PUAs will
be chosen to minimize operational impact on non-Federal users.
Coordination between Federal users and non-Federal licensees in PUAs
shall be consistent with rules and procedures established by the FCC
and NTIA. While all PUAs are co-located with CPAs, the exact
geographic area used during periodic use may differ from the co-
located CPA. The geographic locations of PUAs are identified in the
table in paragraph (d). Restrictions and authorizations for the CPAs
remain in effect during periodic use unless specifically relieved in
the coordination process.
(c) For the CPA at Little Rock, AR, after approximately 12
months from the close of the auction, non-Federal operations shall
coordinate with Federal systems in only the 3450-3490 MHz band
segment and the 3490-3550 MHz band segment will be available for
non-federal use without coordination. At Fort Bragg, NC, non-Federal
operations shall coordinate with Federal systems in only the 3450-
3490 MHz band segment.
(d) The following table identifies the coordinates for the
location of each CPA and PUA. An area may be represented as either a
polygon made up of several corresponding coordinates or a circle
represented by a center point and a radius. If a CPA has a
corresponding PUA, the PUA coordinates are provided. A location
marked with an asterisk (*) indicates a high-power federal
radiolocation facility. If a location includes a Shipboard
Electronic Systems Evaluation Facility (SESEF) attached to a
homeport, it specifies the associated SESEF.
Table--Department of Defense Cooperative Planning Areas and Periodic Use Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Radius
Location name State CPA PUA Latitude Longitude (km)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Little Rock........................ AR................ Yes............... .................. 37[deg]28'34'', 94[deg]28'24'', N/A
37[deg]42'55'', 88[deg]54'36'',
36[deg]38'29'', 87[deg]52'34'',
34[deg]57'57'', 88[deg]09'26'',
32[deg]09'36'', 92[deg]06'54'',
31[deg]51'52'', 93[deg]10'35'',
32[deg]12'11'', 94[deg]37'07'',
33[deg]42'22'', 95[deg]49'52'',
35[deg]17'35'', 96[deg]23'06'',
36[deg]12'18''. 96[deg]08'46''.
Yuma Complex (includes Yuma Proving AZ................ Yes............... Yes............... 33[deg]36'44'', 115[deg]10'44'', N/A
Grounds and MCAS Yuma). 34[deg]03'08'', 114[deg]41'08'',
34[deg]03'56'', 114[deg]05'56'',
33[deg]26'54'', 113[deg]03'54'',
32[deg]51'17'', 113[deg]02'17'',
32[deg]16'54'', 113[deg]45'54'',
32[deg]14'39'', 114[deg]40'39'',
32[deg]20'06'', 114[deg]55'06'',
32[deg]28'30'', 115[deg]02'30'',
32[deg]53'20''. 115[deg]09'20''.
Camp Pendleton..................... CA................ Yes............... .................. 33[deg]21'46''....... 117[deg]25'25''...... 50
[[Page 38087]]
Edwards Air Force Base............. CA................ Yes............... Yes............... 35[deg]19'16'', 118[deg]03'16'', N/A
35[deg]17'54'', 117[deg]26'54'',
35[deg]11'43'', 117[deg]15'43'',
35[deg]00'52'', 117[deg]10'52'',
34[deg]44'17'', 117[deg]10'17'',
34[deg]34'16'', 117[deg]19'16'',
34[deg]26'55'', 117[deg]47'55'',
34[deg]28'59'', 118[deg]16'59'',
34[deg]41'36'', 118[deg]28'36'',
35[deg]07'32''. 118[deg]25'32''.
National Training Center........... CA................ Yes............... Yes............... 36[deg]03'31'', 117[deg]00'45'', N/A
36[deg]03'09'', 116[deg]20'43'',
35[deg]41'46'', 115[deg]44'31'',
35[deg]07'24'', 115[deg]44'09'',
34[deg]42'43'', 116[deg]17'58'',
34[deg]44'22'', 117[deg]05'19'',
35[deg]02'28'', 117[deg]35'18'',
35[deg]34'49''. 117[deg]27'37''.
Naval Air Weapons Station, China CA................ Yes............... Yes............... 36[deg]36'42'', 117[deg]20'42'', N/A
Lake *. 35[deg]54'45'', 116[deg]31'45'',
35[deg]00'01'', 116[deg]39'01'',
34[deg]54'34'', 117[deg]26'34'',
35[deg]44'22'', 118[deg]17'22'',
36[deg]30'18''. 118[deg]07'18''.
Point Mugu......................... CA................ Yes............... Yes............... 34[deg]06'44''....... 119[deg]06'36''...... 38
San Diego * (includes Point Loma CA................ Yes............... .................. 33[deg]4'10'', 117[deg]35'40'', N/A
SESEF range). 32[deg]27'19'', 118[deg]0'37'',
32[deg]33'29'', 116[deg]51'8'',
32[deg]47'16'', 116[deg]28'5'',
33[deg]1'20'', 116[deg]31'5'',
33[deg]20'36'', 116[deg]47'10'',
33[deg]24'36'', 117[deg]0'51'',
32[deg]52'54'', 117[deg]9'35'',
33[deg]04'10''. 117[deg]35'40''.
Twentynine Palms................... CA................ Yes............... .................. 34[deg]06'44''....... 116[deg]06'36''...... 75
Eglin Air Force Base (includes FL................ Yes............... Yes............... Eglin and Santa Rosa Eglin and Santa Rosa 35
Santa Rosa Island & Cape San Blas Island: Island:
site). 30[deg]29'28.5'', 86[deg]45'00'', Cape
Cape San Blas: San Blas:
29[deg]40'37''. 85[deg]20'50''.
Mayport * (includes Mayport SESEF FL................ Yes............... .................. 30[deg]23'42''....... 81[deg]24'41''....... 64
range).
Pensacola *........................ FL................ Yes............... Yes............... 30[deg]20'50''....... 87[deg]18'40''....... 93
Joint Readiness Training Center.... LA................ Yes............... Yes............... 31[deg]54'23'', 93[deg]20'53'', N/A
31[deg]50'54'', 92[deg]52'46'',
31[deg]18'13'', 92[deg]26'31'',
30[deg]46'33'', 92[deg]28'32'',
30[deg]29'14'', 93[deg]4'1'',
30[deg]46'22'', 93[deg]41'26'',
31[deg]25'16''. 94[deg]3'19''.
Chesapeake Beach *................. MD................ Yes............... Yes............... 38[deg]39'24''....... 76[deg]31'41''....... 95
Naval Air Station, Patuxent River:
CPA............................ MD................ Yes............... Yes............... 38[deg]26'22'', 76[deg]14'12'', N/A
38[deg]51'51'', 75[deg]48'34'',
38[deg]28'11'', 75[deg]28'53'',
38[deg]03'40'', 75[deg]30'31'',
37[deg]45'33'', 75[deg]45'50'',
37[deg]34'34'', 76[deg]20'09'',
37[deg]38'10'', 76[deg]44'37'',
38[deg]09'32'', 76[deg]29'28'',
38[deg]18'46'', 76[deg]34'36'',
38[deg]26'59''. 76[deg]26'27''.
PUA............................ .................. .................. .................. 38[deg]33'38'', 76[deg]07'29'',
39[deg]11'10'', 75[deg]29'28'',
38[deg]38'51'', 75[deg]00'40'',
37[deg]52'13'', 75[deg]03'24'',
37[deg]29'44'', 75[deg]22'25'',
37[deg]10'24'', 76[deg]16'42'',
37[deg]20'05'', 77[deg]06'52'',
38[deg]01'11'', 76[deg]36'06'',
38[deg]20'54'', 76[deg]46'41'',
38[deg]35'47''. 76[deg]30'02''.
St. Inigoes *...................... MD................ Yes............... Yes............... 38[deg]08'41''....... 76[deg]26'03''....... 87
Bath *............................. ME................ Yes............... Yes............... 44[deg]02'29'', 70[deg]10'41'', N/A
43[deg]52'27'', 70[deg]10'29'',
43[deg]48'53'', 70[deg]01'6'',
43[deg]32'50'', 69[deg]57'30'',
43[deg]27'16'', 69[deg]42'52'',
43[deg]44'26'', 69[deg]13'52'',
43[deg]54'57'', 69[deg]24'50'',
44[deg]06'56'', 69[deg]25'13'',
44[deg]17'2'', 69[deg]16'56'',
44[deg]26'54'', 69[deg]45'13'',
44[deg]36'16'', 69[deg]56'50'',
44[deg]33'45'', 70[deg]04'01'',
44[deg]57'05'', 70[deg]14'55'',
44[deg]56'27'', 70[deg]19'38'',
44[deg]32'13'', 70[deg]08'17'',
44[deg]24'08'', 70[deg]36'36'',
44[deg]02'29''. 70[deg]10'41''.
Pascagoula *....................... MS................ Yes............... Yes............... 30[deg]20'42''....... 88[deg]34'17''....... 80
Camp Lejeune....................... NC................ Yes............... .................. 34[deg]37'51''....... 77[deg]24'28''....... 54
Cherry Point....................... NC................ Yes............... .................. 34[deg]54'57''....... 76[deg]53'24''....... 38
Fort Bragg......................... NC................ Yes............... .................. 37[deg]35'01'', 79[deg]31'19'', N/A
37[deg]45'56'', 77[deg]14'14'',
37[deg]22'33'', 76[deg]18'30'',
36[deg]38'56'', 75[deg]51'26'',
34[deg]43'13'', 76[deg]15'37'',
33[deg]29'44'', 78[deg]29'53'',
33[deg]24'04'', 80[deg]29'07'',
34[deg]01'05'', 81[deg]23'49'',
35[deg]27'24'', 81[deg]37'00'',
36[deg]27'46''. 81[deg]22'49''.
Portsmouth *....................... NH................ Yes............... Yes............... 42[deg]23'06'', 71[deg]10'23'', N/A
42[deg]25'05'', 71[deg]05'43'',
42[deg]21'36'', 71[deg]00'54'',
42[deg]18'28'', 70[deg]54'35'',
42[deg]13'01'', 70[deg]44'53'',
42[deg]06'30'', 70[deg]41'11'',
42[deg]02'54'', 70[deg]37'44'',
42[deg]08'03'', 70[deg]33'35'',
42[deg]10'25'', 70[deg]20'54'',
42[deg]15'39'', 70[deg]02'39'',
42[deg]22'44'', 69[deg]48'42'',
42[deg]34'56'', 69[deg]36'01'',
42[deg]52'26'', 69[deg]26'24'',
43[deg]13'48'', 69[deg]28'18'',
43[deg]31'21'', 69[deg]40'13'',
43[deg]45'21'', 70[deg]01'31'',
43[deg]59'20'', 70[deg]30'21'',
43[deg]36'10'', 70[deg]52'5'',
43[deg]49'27'', 71[deg]15'22'',
43[deg]27'40'', 71[deg]24'47'',
43[deg]00'57'', 71[deg]53'01'',
42[deg]44'40'', 71[deg]56'37'',
42[deg]51'47'', 71[deg]27'07'',
42[deg]33'46'', 71[deg]27'12'',
42[deg]24'24'', 71[deg]21'10'',
42[deg]23'06''. 71[deg]10'23''.
Moorestown *....................... NJ................ Yes............... Yes............... 40[deg]27'26'', 75[deg]42'60'', N/A
40[deg]02'54'', 75[deg]55'12'',
39[deg]48'19'', 75[deg]55'55'',
39[deg]38'27'', 75[deg]51'48'',
39[deg]24'59'', 75[deg]21'41'',
39[deg]17'18'', 74[deg]54'09'',
39[deg]22'16'', 74[deg]27'56'',
39[deg]29'35'', 74[deg]12'59'',
39[deg]54'43'', 74[deg]00'05'',
40[deg]15'03'', 74[deg]06'20'',
40[deg]23'29'', 74[deg]08'28'',
40[deg]42'46'', 74[deg]21'54'',
40[deg]50'59'', 74[deg]31'36'',
40[deg]52'49'', 74[deg]42'53'',
40[deg]47'42'', 75[deg]03'00'',
40[deg]33'25'', 75[deg]28'15'',
40[deg]27'26''. 75[deg]42'60''.
White Sands Missile Range.......... NM................ Yes............... Yes............... 34[deg]35'05'', 107[deg]06'05'', N/A
34[deg]43'50'', 106[deg]46'50'',
34[deg]43'17'', 106[deg]03'17'',
34[deg]26'28'', 105[deg]26'28'',
32[deg]36'02'', 104[deg]55'02'',
31[deg]45'47'', 105[deg]22'47'',
31[deg]18'18'', 106[deg]06'18'',
31[deg]27'23'', 106[deg]54'23'',
32[deg]38'49'', 107[deg]25'49'',
33[deg]32'40''. 107[deg]27'40''.
Nevada Test and Training Range..... NV................ Yes............... Yes............... 35[deg]58'48'', 115[deg]31'55'', N/A
36[deg]38'22'', 116[deg]23'51'',
36[deg]22'37'', 117[deg]41'35'',
36[deg]54'03'', 117[deg]59'18'',
37[deg]58'01'', 118[deg]01'17'',
38[deg]59'48'', 116[deg]46'01'',
38[deg]58'35'', 114[deg]49'25'',
37[deg]52'34'', 113[deg]35'46'',
36[deg]20'30'', 113[deg]39'51'',
36[deg]21'15''. 115[deg]14'23''.
Fort Sill.......................... OK................ Yes............... Yes............... 35[deg]03'39'', 99[deg]02'38'', N/A
35[deg]10'31'', 98[deg]05'47'',
34[deg]42'54'', 97[deg]45'20'',
34[deg]13'49'', 98[deg]05'49'',
34[deg]13'46'', 98[deg]56'09'',
34[deg]38'26''. 99[deg]16'57''.
Tobyhanna Army Depot............... PA................ Yes............... .................. 41[deg]30'25'', 75[deg]51'60'', N/A
41[deg]38'51'', 75[deg]26'33'',
41[deg]31'41'', 75[deg]1'39'',
41[deg]11'31'', 74[deg]50'07'',
40[deg]52'07'', 75[deg]1'2'',
40[deg]44'53'', 75[deg]23'50'',
40[deg]51'43'', 75[deg]48'52'',
41[deg]07'40''. 76[deg]00'38''.
[[Page 38088]]
Dahlgren *......................... VA................ Yes............... Yes............... 38[deg]23'10'', 76[deg]23'21'', N/A
38[deg]41'25'', 76[deg]35'56'',
38[deg]46'14'', 76[deg]44'44'',
38[deg]49'37'', 76[deg]54'57'',
38[deg]50'16'', 76[deg]58'18'',
38[deg]46'30'', 77[deg]01'57'',
38[deg]49'42'', 77[deg]04'08'',
38[deg]54'42'', 77[deg]7'35'',
38[deg]55'37'', 77[deg]12'04'',
38[deg]56'05'', 77[deg]23'5'',
38[deg]44'45'', 77[deg]25'23'',
38[deg]44'22'', 77[deg]28'48'',
38[deg]35'14'', 77[deg]36'11'',
38[deg]51'04'', 78[deg]12'06'',
38[deg]26'52'', 78[deg]29'02'',
38[deg]22'59'', 77[deg]42'19'',
37[deg]59'27'', 77[deg]28'26'',
37[deg]47'08'', 76[deg]53'47'',
37[deg]54'01'', 76[deg]06'14'',
38[deg]23'10''. 76[deg]23'21''.
Newport News *..................... VA................ Yes............... Yes............... 36[deg]58'24''....... 76[deg]26'07''....... 93
Norfolk * (includes Fort Story VA................ Yes............... .................. 36[deg]56'24''....... 76[deg]19'55''....... 74
SESEF range).
Wallops Island *................... VA................ Yes............... Yes............... 37[deg]51'25''....... 75[deg]27'59''....... 76
Bremerton *........................ WA................ Yes............... Yes............... 47[deg]28'40'', 122[deg]31'22'', N/A
47[deg]31'16'', 122[deg]31'26'',
47[deg]31'13'', 122[deg]32'37'',
47[deg]34'12'', 122[deg]31'52'',
47[deg]45'36'', 121[deg]32'28'',
47[deg]59'07'', 121[deg]34'09'',
48[deg]12'20'', 121[deg]44'51'',
47[deg]39'46'', 122[deg]29'60'',
47[deg]39'12'', 122[deg]34'35'',
47[deg]45'23'', 122[deg]38'09'',
47[deg]44'48'', 122[deg]45'18'',
47[deg]57'40'', 122[deg]59'06'',
47[deg]31'15'', 123[deg]16'23'',
47[deg]35'53'', 122[deg]49'28'',
47[deg]27'33'', 122[deg]55'25'',
47[deg]27'07'', 122[deg]46'16'',
47[deg]24'25'', 122[deg]42'48'',
47[deg]23'07'', 122[deg]39'18'',
47[deg]28'33'', 122[deg]33'44'',
46[deg]50'25'', 121[deg]49'24'',
46[deg]53'09'', 121[deg]44'01'',
47[deg]28'40''. 122[deg]31'22''.
Everett * (includes Ediz Hook SESEF WA................ Yes............... .................. 47[deg]51'11'', 122[deg]57'47'', N/A
range). 47[deg]25'13'', 123[deg]18'6'',
47[deg]54'45'', 122[deg]10'13'',
47[deg]36'60'', 121[deg]37'60'',
47[deg]51'57'', 121[deg]22'57'',
48[deg]35'49'', 122[deg]08'13'',
48[deg]00'8'', 123[deg]29'33'',
47[deg]51'10''. 122[deg]57'47''.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appendix B
Streamlined Coordination Option--Template Agreement Coordination
Agreement Between [3.45 GHz Service Licensee] (``3.45 GHz Service
Licensee'') and [Federal Incumbent] (``Federal Incumbent'')
1. Introduction
This Coordination Agreement is between [Insert name of 3.45 GHz
Service Licensee](hereinafter referred to as the ``3.45 GHz Service
Licensee''), and [Insert name of Federal Incumbent] (hereinafter
referred to as the ``Federal Incumbent''), and sets forth the terms
and conditions for their operations in the 3.45-3.55 GHz band.
2. Acknowledgement of Regulations
All 3.45 GHz Service licensees must accept interference caused
by the operation of Federal Incumbent's [high-powered radar] site(s)
and shall protect Federal Agency's high-powered radar operations, as
required by 47 CFR 27.1602 and 47 CFR 2.106, footnote US431B. The
parties agree that within the Cooperative Planning Areas listed in
Table A below, the 3.45 GHz Service Licensee will coordinate with
the Federal Incumbent by notifying the Federal Incumbent of the 3.45
GHz Service Licensee's intent to commence flexible-use service
within the Cooperative Planning Area and submitting the additional
information as listed in Section 4 below, prior to use of the
spectrum. In cases where interference from high-powered radar
site(s) results in 3.45 GHz Service Licensee customer complaints,
the 3.45 GHz Service Licensee will take actions to address those
complaints and employ mitigation methods to reduce the likelihood of
them reoccurring.
Table A--Description of License(s) Subject to This Agreement
------------------------------------------------------------------------
-------------------------------------------------------------------------
State, Site, 3.45 GHz Service License Call Sign(s), Cooperative Planning
Area.
------------------------------------------------------------------------
3. Point-of-contact
The Federal Incumbent and the 3.45 GHz Service Licensee hereby
authorize the individuals listed in Table B below to serve as their
Points of Contact (POC) for purposes of compliance with the
notification and communication requirements of this Coordination
Agreement.
Table B--Points of Contact
------------------------------------------------------------------------
[Federal Agency] [3.45 GHz service licensee]
------------------------------------------------------------------------
Name: Name:
Address: Address:
Phone: Phone:
------------------------------------------------------------------------
4. 3.45 GHz Service Licensee Notification to Federal Incumbent
As required by Section 2 above, the 3.45 GHz Service Licensee
will provide to the Federal Incumbent the following information:
<bullet> 3.45 GHz Service Licensee's deployment plans in the
Cooperative Planning Area;
<bullet> Methods the 3.45 GHz Service Licensee plans to use to
mitigate interference into its base station receivers, and an
explanation of how the methods will mitigate interference from high-
powered radar(s) and prevent any impaired consumer experience;
<bullet> Contact information for the 3.45 GHz Service Licensee's
network operation center and local engineering staff; and
<bullet> Assurance that the 3.45 GHz Service Licensee will
satisfy its obligations to provide safety of life services (i.e.,
911) on bands other than the 3.45 GHz band in the Cooperative
Planning Area as needed.
5. Continuing Communications Between 3.45 GHz Service Licensee and
Federal Incumbent
The parties shall:
<bullet> Address with each other, when the need first arises,
any consumer complaints associated with the 3.45 GHz Service
Licensee's operations near Federal high-powered radar(s). This may
include the 3.45 GHz Service Licensee's development of external
communication regarding reports of interference or interruption of
service using the 3.45 GHz band. This external communication should
reflect the acknowledgement of regulations in Section 2 above; and
<bullet> Meet annually to discuss network deployments, current
and future technologies, interference mitigation techniques,
consumer experiences, and other relevant topics necessary to help
the Federal Incumbent understand the evolving use of the band, and
its impact upon 3.45 GHz Service operations;
<bullet> The above additional interactions can be initiated by
either POC listed above.
6. Substantial Changes to High-Powered Radar Operations or 3.45 GHz
Service Deployments
If either party plans operations that are substantially
different from the [original] concept of operations, the differences
must be discussed during the annual meeting required by Section 5
above unless an immediate meeting is required to mitigate new and/or
unexpected interference.
7. Sensitive/Proprietary Information
All information exchanged under this Coordination Agreement is
considered sensitive/proprietary. Any exchange of information
associated with this Coordination Agreement should be marked as
sensitive/proprietary.
8. Successful Coordination
Execution of and compliance with all terms of this Coordination
Agreement meets the regulatory requirement for successful
coordination in 47 CFR 27.1603.
Signatories:
-----------------------------------------------------------------------
[Federal Incumbent]
-----------------------------------------------------------------------
[3.45 GHz Service Licensee]
[[Page 38089]]
Date:
[FR Doc. 2021-14968 Filed 7-16-21; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on July 19, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.