Notice2022-22644
180-Day Freeze on Applications for New or Modified Authorizations for the 12.7-13.25 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
October 19, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the International, Public Safety and Homeland Security, Media, and Wireless Telecommunications Bureaus (Bureaus) announce a 180-day freeze, effective September 19, 2022 on the filing of new or modification applications for licenses or other authorizations in the 12.7-12.75 GHz and 12.75-13.250 GHz bands (collectively, 12.7 GHz band). The purpose of this temporary freeze is to preserve the current landscape of authorized operations in the 12.7 GHz band pending the Commission's consideration of actions that might encourage the larger and more effective use of this radio spectrum in the public interest.
Full Text
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<title>Federal Register, Volume 87 Issue 201 (Wednesday, October 19, 2022)</title>
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[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63494-63495]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22644]
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FEDERAL COMMUNICATIONS COMMISSION
[GN Docket No. 22-352; DA 22-974; FR ID 107907]
180-Day Freeze on Applications for New or Modified Authorizations
for the 12.7-13.25 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Announcement of temporary freeze.
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SUMMARY: In this document, the International, Public Safety and
Homeland Security, Media, and Wireless Telecommunications Bureaus
(Bureaus) announce a 180-day freeze, effective September 19, 2022 on
the filing of new or modification applications for licenses or other
authorizations in the 12.7-12.75 GHz and 12.75-13.250 GHz bands
(collectively, 12.7 GHz band). The purpose of this temporary freeze is
to preserve the current landscape of authorized operations in the 12.7
GHz band pending the Commission's consideration of actions that might
encourage the larger and more effective use of this radio spectrum in
the public interest.
DATES: Filing of certain applications is frozen as of September 19,
2022.
FOR FURTHER INFORMATION CONTACT: Simon Banyai, Broadband Division,
Wireless Telecommunications Bureau, (202) 418-1443 or
<a href="/cdn-cgi/l/email-protection#8ffce6e2e0e1a1edeee1f6eee6cfe9ececa1e8e0f9"><span class="__cf_email__" data-cfemail="a7d4cecac8c989c5c6c9dec6cee7c1c4c489c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This a summary of the Commission's document,
DA 22-974, released on September 19, 2022. The full text of this
document is available at <a href="https://docs.fcc.gov/public/attachments/DA-22-974A1.pdf">https://docs.fcc.gov/public/attachments/DA-22-974A1.pdf</a>. To request materials in accessible formats (braille, large
print, computer diskettes, or audio recordings), please send an email
to <a href="/cdn-cgi/l/email-protection#e6a0a5a5d3d6d2a6808585c8818990"><span class="__cf_email__" data-cfemail="d7919494e2e7e397b1b4b4f9b0b8a1">[email protected]</span></a> or call the Consumer & Government Affairs Bureau at
(202) 418-0530 (VOICE), (202) 418-0432 (TTY).
Filing Freeze in 12.7-12.75 GHz and 12.75-13.25 GHz Band (12.7 GHz
Band). To preserve the current landscape of authorized operations in
the 12.7 GHz band to facilitate the Commission's consideration of
spectrum management and planning options, the Bureaus announce a 180-
day freeze, effective as of September 19, 2022, on the filing of new or
modification applications for fixed satellite service (FSS) space
stations serving earth stations located in the United States, FSS earth
stations, broadcast auxiliary services, cable television relay service,
and fixed microwave services stations, in the 12.7 GHz band, except as
otherwise noted herein. The decision to impose this temporary freeze is
procedural in nature, and therefore the freeze is exempt from the
notice and comment and effective date requirements of the
Administrative Procedure Act. Moreover, and in the alternative, the
Commission finds good cause to conclude that prior notice and comment
or a delay in effectiveness would be impractical, unnecessary, and
contrary to the public interest because it would undermine the purposes
of the freeze. The Bureaus find that this temporary freeze will help
preserve the options available to the Commission for consideration of
additional uses of the band while limiting the potential for
speculative applications that might be filed in anticipation of
potential future actions by the Commission. The Commission or the
Bureaus may extend the freeze if doing so is deemed necessary to avoid
undermining the purpose of the freeze. Any conditional authority
conferred by rule during the pendency of an application is inapplicable
to an application that will be dismissed under this freeze.\1\ Any
temporary authority to operate in the 12.7 GHz band at temporary
locations conferred by rule or license will remain operative.\2\
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\1\ See, e.g., 47 CFR 74.25(a), 101.31(b) (conditional
authorization during pendency of certain properly filed, completed
formal applications that do not require a waiver).
\2\ See, e.g., 47 CFR 74.24 (short-term operation), 101.31(a)
(operation at temporary locations).
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Space stations. During the freeze, the International Bureau will
dismiss any new space station license applications and new requests for
access to the U.S. market through non-U.S.-licensed space stations, or
those parts of any such applications and requests, that seek to operate
in the 12.7 GHz band. Exceptions: The freeze does not apply to new
applications for space stations limited to serving earth stations
outside the United States, applications for modification of existing
space station authorizations,\3\ relocations of existing space stations
pursuant to the Commission's fleet management policy,\4\ or to
applications for replacement space stations.\5\
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\3\ 47 CFR 25.117.
\4\ 47 CFR 25.118(e) (permitting the relocation of a GSO space
station without prior authorization, but upon 30 days prior notice
to the Commission and any potentially affected licensed spectrum
user, provided that the operator meets specific requirements,
including a requirement that the space station will be relocated to
a position within <plus-minus>0.15[deg] of an orbital location
assigned to the same licensee).
\5\ 47 CFR 25.158(a)(2), 25.165(e)(1),(2).
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Earth stations. During the freeze, the International Bureau will
dismiss applications, or those portions of applications, received for
new earth station licenses, and modifications to earth stations
currently authorized, to operate in the 12.7 GHz band. Exceptions: The
freeze does not extend to applications for renewal or cancellation of
current earth station authorizations,\6\ or modifications to correct
location or other data required in the earth station file,\7\ or to
certain other earth station modifications described below.
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\6\ 47 CFR 25.121(e).
\7\ See generally International Bureau Addresses Accuracy of
Earth Station Location Information in IBFS, Public Notice, 32 FCC
Rcd 9512 (IB 2017); 47 CFR 25.117.
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Broadcast Auxiliary.\8\ During the freeze, the Wireless
Telecommunications Bureau will dismiss applications received for new or
major modifications to fixed or mobile BAS stations to operate in the
12.7 GHz band. Exceptions: The freeze does not extend to applications
for renewal, cancellation, and certain minor modifications described
below.
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\8\ See 47 CFR part 74, subparts E, and F (ULS radio service
codes: AI, AS, TB, TI, TP, TS, TT).
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Cable Television Relay.\9\ During the freeze, the Media Bureau will
dismiss applications received for new or major modifications to fixed
or mobile CARS stations to operate in the 12.7 GHz band. Exceptions:
The freeze does not extend to applications for renewal, cancellation,
and certain minor modifications discussed below.
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\9\ See 47 CFR part 78 (COALS radio service: CS).
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Fixed Microwave.\10\ During the freeze, the Wireless
Telecommunications and Public Safety and Homeland Security Bureaus will
dismiss applications received for new or major modifications to fixed
or mobile microwave stations to operate in the 12.7 GHz band.
Exceptions: The freeze does not extend to applications for renewal,
cancellation, or certain minor modifications discussed below.
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\10\ See 47 CFR part 101, subparts H, I, and J (ULS radio
service codes: CF, CT, MG, MW, WA).
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Exception to freeze for certain modification applications. Under
the Commission's emerging technology
[[Page 63495]]
policies (ET),\11\ microwave incumbents in 1.9 GHz and 2.1 GHz bands
that were allocated for emerging technologies were permitted to retain
primary status for certain minor modifications if they affirmatively
justified primary status and established that the modification would
not add to the relocation costs of ET licensees. Based on this
precedent, under the instant freeze, incumbents with primary status
will be permitted to make the following modifications on a primary
basis to any future ET licensees if the incumbent licensee establishes
that the modification would not add to any relocation costs, if
applicable in the future:
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\11\ See generally 47 CFR 101.81.
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<bullet> earth stations: modifications not requiring prior
Commission authorization,\12\
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\12\ 47 CFR 25.118(a)-(b).
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<bullet> BAS, CARS, and Fixed Microwave stations: minor
modifications.\13\
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\13\ See 47 CFR 1.947(b) (licensees may make certain minor
modifications to station authorizations, as defined in Sec. 1.929
(Classification of filings as major minor). Section 1.929(d)
discusses major actions in the microwave, aural broadcast auxiliary,
and television broadcast auxiliary services and Section 1.929(k)
states that any change not specifically listed as major is
considered minor. See 47 CFR 1.929(d) & (k); see also id. at
Sec. Sec. 78.109(c)-(d) (defining minor modifications for CARS
licenses).
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The appropriate Bureau will consider requests for waiver of this
freeze on a case-by-case basis and upon a demonstration that waiver
will serve the public interest and not undermine the objectives of the
freeze.
Federal Communications Commission.
Blaise Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2022-22644 Filed 10-18-22; 8:45 am]
BILLING CODE 6712-01-P
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