Proposed Rule2021-23712
Wireless Telecommunication Bureau Seeks To Supplement the Record on 70/80/90 GHz Bands Notice of Proposed Rulemaking
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Published
November 2, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission seeks comment to supplement the record in the rulemaking on a Notice of Proposed Rulemaking to address the potential for use of the 71-76 GHz, 81-86 GHz, 92-94 GHz, and the 94.1-95 GHz (70/80/90 GHz) bands to provide broadband internet access to consumers and communities that may otherwise lack robust, consistent connectivity. In particular, the Commission seeks comment on whether High Altitude Platform Stations (HAPS) or other stratospheric- based platform services could be deployed for this purpose in the 70/ 80/90 GHz bands. The Commission also seeks additional information regarding the potential use of these bands to provide broadband internet access to customers on airplanes and aboard ships, as proposed by Aeronet Global Communications, Inc.
Full Text
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<title>Federal Register, Volume 86 Issue 209 (Tuesday, November 2, 2021)</title>
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[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Proposed Rules]
[Pages 60436-60438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23712]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2 and 101
[WT Docket No. 20-133; DA 21-1263; FR ID 55689]
Wireless Telecommunication Bureau Seeks To Supplement the Record
on 70/80/90 GHz Bands Notice of Proposed Rulemaking
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; request for comments.
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SUMMARY: In this document, the Commission seeks comment to supplement
the record in the rulemaking on a Notice of Proposed Rulemaking to
address the potential for use of the 71-76 GHz, 81-86 GHz, 92-94 GHz,
and the 94.1-95 GHz (70/80/90 GHz) bands to provide broadband internet
access to consumers and communities that may otherwise lack robust,
consistent connectivity. In particular, the Commission seeks comment on
whether High Altitude Platform Stations (HAPS) or other stratospheric-
based platform services could be deployed for this purpose in the 70/
80/90 GHz bands. The Commission also seeks additional information
regarding the potential use of these bands to provide broadband
internet access to customers on airplanes and aboard ships, as proposed
by Aeronet Global Communications, Inc.
DATES: Submit comments on or before December 2, 2021. Submit reply
comments on or before January 3, 2022.
ADDRESSES: You may submit comments, identified by WT Docket No. 20-133,
by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://www.fcc.gov/ecfs/">www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties that choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
People with Disabilities. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format),
[[Page 60437]]
send an email to <a href="/cdn-cgi/l/email-protection#87e1e4e4b2b7b3c7e1e4e4a9e0e8f1"><span class="__cf_email__" data-cfemail="4f292c2c7a7f7b0f292c2c61282039">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
FOR FURTHER INFORMATION CONTACT: Anthony Patrone, Broadband Division,
Wireless Telecommunications Bureau, (202) 418-2428,
<a href="/cdn-cgi/l/email-protection#91d0ffe5f9feffe8bfc1f0e5e3fefff4d1d7d2d2bff6fee7"><span class="__cf_email__" data-cfemail="165778627e79786f38467762647978735650555538717960">[email protected]</span></a>. For information regarding the PRA information
collection requirements that may be contained in this proposed rule,
contact Cathy Williams, Office of Managing Director, at (202) 418-2918
or <a href="/cdn-cgi/l/email-protection#c083a1b4a8b9ee97a9acaca9a1adb380a6a3a3eea7afb6"><span class="__cf_email__" data-cfemail="c281a3b6aabbec95abaeaeaba3afb182a4a1a1eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document (Public Notice), in WT Docket No. 20-133; DA 21-1263, released
on October 8, 2021. The full text of this document is available on the
Commission's website at <a href="https://docs.fcc.gov/public/attachments/DA-21-1263A1.pdf">https://docs.fcc.gov/public/attachments/DA-21-1263A1.pdf</a>. This document seeks to supplement the record of the
Commission's Notice of Proposed Rulemaking (NPRM), Modernizing and
Expanding Access, 85 FR 40168, July 6, 2020, to the 70/80/90 GHz Bands,
WT Docket Nos. 20-133; 10-153, 15-244; FCC 20-76; RMs-11824, 11825,
adopted June 9, 2020, and released June 10, 2020. The NPRM may also be
downloaded <a href="https://docs.fcc.gov/public/attachments/FCC-20-76A1.pdf">https://docs.fcc.gov/public/attachments/FCC-20-76A1.pdf</a>.
Synopsis
I. Background
1. As described in greater detail in the 70/80/90 GHz NPRM (85 FR
40168, July 6, 2020), in the United States, the 70/80/90 GHz bands are
allocated on a co-primary basis for Federal and non-Federal use,
variously for terrestrial, satellite, radio astronomy and radiolocation
uses.\1\ In 2003, the Commission established a two-step, non-exclusive
licensing regime for non-Federal use of the 70/80/90 GHz bands. Users
must first obtain a nationwide, non-exclusive license from the
Commission, and then register individual links through a third-party
database manager. Non-Federal licensees may use the 70/80/90 GHz bands
for any point-to-point, non-broadcast service.
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\1\ 47 CFR 2.106. See also 70/80/90 GHz NPRM at 6040-41, para.
2. The adjacent 76-81 GHz band is allocated for, among other uses,
Radiolocation and licensed by rule under subpart M of part 95 (The
76-81 GHz Band Radar Service), which ``may operate as vehicular
radars, or as fixed or mobile radars in airport air operations
areas, including but not limited to [foreign object debris]
detection radars and aircraft-mounted radars for ground use.'' 47
CFR 95.3331. The adjacent 86-92 GHz band is allocated for Earth
Exploration-Satellite (passive), Space Research (passive), and Radio
Astronomy services. See, e.g., id., 70/80/90 GHz NPRM citing 47 CFR
2.106 nn.US246, US74.
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2. In June 2020, the Commission adopted the 70/80/90 GHz NPRM,
which sought comment on potential rule changes for non-Federal uses of
the bands proposed by interested parties. Certain of these proposals,
such as changes to antenna standards and link registration processes,
were aimed at improving efficiency in traditional uses of the bands,
such as wireless backhaul. Other inquiries contemplated use of the
bands for new service offerings, such as Aeronet's proposals that the
Commission authorize point-to-point links to endpoints in motion to
facilitate broadband service to ships and aircraft, provided that they
do not cause interference to other authorized uses.\2\ The Commission
also sought comment on whether the 70/80/90 GHz bands could accommodate
other types of services, such as High Altitude Platform Stations (HAPS)
or similar services.\3\ In the record received in response to the 70/
80/90 GHz NPRM, several commenters expressed support for the provision
of new services in these bands, including bringing broadband internet
access capabilities to areas where such access may not be consistently
available. Other parties have expressed concerns about the introduction
of new services in the bands.
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\2\ 70/80/90 GHz NPRM at 6043-44, para. 7 (citing Aeronet
Aviation Petition; Aeronet Maritime Petition).
\3\ 70/80/90 GHz NPRM at 6059, para. 51.
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II. Discussion
3. In this document, the Commission provides an opportunity for
commenters to supplement the record regarding the provision of new
services in the 70/80/90 GHz bands.\4\ In particular, the Commission is
interested in the feasibility of permitting HAPS or other
stratospheric-based platform services in these bands and the Commission
seeks comment on coordinating with incumbents in the band. The
Commission's rules define a ``High Altitude Platform Station'' as ``[a]
station located on an object at an altitude of 20 to 50 km and at a
specified, nominal, fixed point relative to the Earth.'' \5\
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\4\ The Commission notes that there are other issues raised by
the 70/80/90 GHz NPRM and subsequent record, such as changes to
antenna standards and the link registration process, that the
Commission does not address here. These issues remain under
consideration by the Commission.
\5\ 47 CFR 2.1(c). See also RR 1.66A (``high altitude platform
station: A station located on an object at an altitude of 20 to 50
km and at a specified, nominal, fixed point relative to the
Earth.''). The Commission notes that the Elefante Group in 2018
sought Commission authorization to operate a stratospheric-based
broadband service using platform stations operating just below the
20 km threshold set for HAPS. See Petition for Rulemaking of
Elefante Group, Inc., RM-11809 (filed May 31, 2018). See also
Elefante Group Inc.'s Petition for Rulemaking to Enable Timely
Deployment of Fixed Stratospheric-Based Communications Services in
the 21.5-23.6, 25.25-27.5, 71-76 and 81-86 GHz Bands, Report No.
3093, CG RM-11809 (2018).
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4. The Commission seeks further input on whether it should consider
authorizing HAPS or other stratospheric-based platform services in any
portion of the 70/80/90 GHz bands.\6\ How would HAPS be used in these
bands? What sort of services would be provided or supported by these
systems? The Commission also seeks comments on whether HAPS or other
stratospheric-based platform services are likely to be commercially
viable.\7\ Alternatively, are stratospheric-based platform services
likely to be developed to support non-commercial use, either for
private, not-for-profit uses, or in support of local, state, or Federal
governments?
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\6\ Spectrum for HAPS in the frequency bands 47/48 GHz, 2 GHz,
27/31 GHz and 6 GHz was designated at three WRCs--WRC-97, WRC-2000
and WRC-12. After study for WRC-19, additional spectrum was
identified: 31-31.3 GHz and 38-39.5 GHz globally, and in Region 2
(including U.S.), 21.4-22 GHz and 24.25-27.5 GHz.
\7\ The Commission notes that several advocates for HAPS are no
longer pursuing their planned operations. See Paresh Dave, Alphabet
Shutting Loon, Which Used Balloon Alternative to Cell Towers,
Reuters (Jan. 21, 2021) <a href="https://www.reuters.com/article/us-alphabet-loon/alphabet-shutting-loon-which-used-balloon-alternative-to-cell-towers-idUSKBN29R02U">https://www.reuters.com/article/us-alphabet-loon/alphabet-shutting-loon-which-used-balloon-alternative-to-cell-towers-idUSKBN29R02U</a>; Adam Satariano, Facebook Halts Aquila, Its
internet Drone Project, New York Times (June 27, 2018) <a href="https://www.nytimes.com/2018/06/27/technology/facebook-drone-internet.html">https://www.nytimes.com/2018/06/27/technology/facebook-drone-internet.html</a>;
Elefante Comments at 2 (``Due to unforeseen developments, Elefante
Group is unable to state with certainty its ability at this time to
advance its mission consistent with the vision set out in the
Elefante Group Petition. Nonetheless, Elefante Group submits that
the Commission should strive to preserve maximum flexibility and
opportunities in its regulatory framework for the 70/80 GHz
Bands.'').
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5. The Commission also seeks comments on the potential for HAPS, or
other stratospheric-based platform services, to cause harmful
interference to incumbent or potential future services in these, or
adjacent, bands including both terrestrial and satellite operations.
Advocates for HAPS or similar services assert that they can coexist
with incumbent users of the 70 GHz and 80 GHz bands and should be
allowed to use these bands without an arbitrary ceiling, e.g., 50,000
feet, for nominally fixed or antennas in motion. If the Commission
authorizes HAPS or other stratospheric-based platform services in these
bands, are there any limitations or restrictions on the deployment of
such services that the Commission should impose in order to
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guard against the potential for interference into incumbent operations,
such as altitude restrictions, power limits, transmitter design
considerations, directional constraints, additional emission limits, or
other requirements, including new or revised coordination requirements?
To aid other stakeholders in the bands, and the adjacent bands, to
evaluate potential interference concerns and submit their own analyses,
the Commission also seeks specific information about anticipated
stratospheric-based platform system operating parameters including
transmission direction, deployment densities, earth station elevation
angles, station heights, antenna characteristics (e.g., antenna
polarization, antenna pattern mask), station Equivalent Isotropically
Radiated Power (EIRP), and operating bandwidths (including out-of-band
performance).
6. In the 70/80/90 GHz NPRM, the Commission also sought comment on
the international coordination implications of the services proposed.
The Wireless Telecommunication Bureau now specifically seeks comment on
any international implications related to HAPS or other stratospheric-
based platform services in the 70/80/90 GHz bands.
7. If the Commission does authorize HAPS or other stratospheric-
based services in some or all of the 70/80/90 GHz bands, what service
rules should apply? Could these new services be registered and
coordinated through the existing third-party database manager process?
The Commission seeks comments on what changes to the registration and
coordination process would be necessary to facilitate the deployment of
HAPS or other stratospheric-based services. The current 70/80/90 GHz
coordination process only considers fixed systems. If HAPS is
authorized, should it be limited to nominally fixed stations?
8. Relatedly, the Commission also seeks to further develop the
record on Aeronet's proposal to permit the use of ``Scheduled Dynamic
Datalinks'' (SDDLs). In the 70/80/90 GHz NPRM, the Commission sought
comment on how links to endpoints-in-motion could affect existing
services in the 70/80/90 GHz bands. Several commenters filed comments
and technical analyses supporting Aeronet's proposals, while several
commenters express concern about potential interference to incumbents.
In view of the concerns expressed, the Commission seeks further
detailed technical studies demonstrating that deployment of SDDLs would
not cause harmful interference to incumbents, co-primary users,
adjacent band uses or potential future uses of the band, including FS,
FSS, HAPS or other stratospheric-based platform services, and the
adjacent band EESS (passive) and radio astronomy operations. To aid
other stakeholders in the bands, and the adjacent bands, to evaluate
potential interference concerns and submit their own analyses, the
Commission also seeks specific information about anticipated SDDL
system operating parameters, including station heights, antenna
characteristics (e.g., antenna polarization, antenna pattern mask),
station EIRP, operating bandwidths (including out-of-band performance),
and ground station gains. In this context, the Commission notes that on
October 4, 2021, Aeronet filed a coexistence analysis of its proposed
SDDL system and the Space X satellite system. The Commission seeks
comments on this filing, including the extent to which it addresses the
questions raised in this paragraph and related stakeholder concerns.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-23712 Filed 11-1-21; 8:45 am]
BILLING CODE 6712-01-P
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