Rule2023-13502
Expanding Flexible Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use
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Published
July 10, 2023
Effective
July 10, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) directs certain fixed and mobile Broadcast Auxiliary Services (BAS) and Cable Television Relay Services (CARS) licensees authorized to use the 12.7-13.25 GHz (12.7 GHz) band to certify the accuracy of the information reflected on their licenses, including whether their facilities are operating as authorized. If a licensee is unable to make such a certification for a given license, it must cancel or modify the license in accordance with the Commission's rules. The Order is intended to improve the data that the public and the Commission have to make informed comments and decisions about the proposals discussed in the concurrent notice of proposed rulemaking, published elsewhere in this issue of the Federal Register, in which the Commission proposes to protect only those 12.7 GHz BAS and CARS stations for which the licensee timely files the certification required in this Order. A subsequent public notice will provide detailed filing instructions and establish a window for the filing of certifications.
Full Text
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<title>Federal Register, Volume 88 Issue 130 (Monday, July 10, 2023)</title>
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[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43460-43462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13502]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 15, 25, 27, 74, 78, and 101
[GN Docket No. 22-352; FCC 23-36; FR ID 148340]
Expanding Flexible Use of the 12.7-13.25 GHz Band for Mobile
Broadband or Other Expanded Use
AGENCY: Federal Communications Commission.
ACTION: Final order.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) directs certain fixed and mobile Broadcast Auxiliary
Services (BAS) and Cable Television Relay Services (CARS) licensees
authorized to use the 12.7-13.25 GHz (12.7 GHz) band to certify the
accuracy of the information reflected on their licenses, including
whether their facilities are operating as authorized. If a licensee is
unable to make such a certification for a given license, it must cancel
or modify the license in accordance with the Commission's rules. The
Order is intended to improve the data that the public and the
Commission have to make informed comments and decisions about the
proposals discussed in the concurrent notice of proposed rulemaking,
published elsewhere in this issue of the Federal Register, in which the
Commission proposes to protect only those 12.7 GHz BAS and CARS
stations for which the licensee timely files the certification required
in this Order. A subsequent public notice will provide detailed filing
instructions and establish a window for the filing of certifications.
DATES: The order is effective July 10, 2023.
FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless
Telecommunications Bureau, at <a href="/cdn-cgi/l/email-protection#a5d6ccc8cacb8bc7c4cbdcc4cce5c3c6c68bc2cad3"><span class="__cf_email__" data-cfemail="81f2e8eceeefafe3e0eff8e0e8c1e7e2e2afe6eef7">[email protected]</span></a> or (202) 418-1443.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in GN Docket No. 22-352 included in the Report and Order and Further
Notice of Proposed Rulemaking and Notice of Proposed Rulemaking and
Order, FCC 23-36, adopted on May 18, 2023 and released on May 19, 2023.
The full text this document is available at <a href="https://docs.fcc.gov/public/attachments/FCC-23-36A1.pdf">https://docs.fcc.gov/public/attachments/FCC-23-36A1.pdf</a>. The Report and Order and the
Further Notice of Proposed Rulemaking (WT Docket No. 20-443), and the
Notice of Proposed Rulemaking and the Order (GN Docket No. 22-352),
i.e., the four FCC actions in FCC 23-36, are published separately in
the Rules and Regulations and the Proposed Rules sections, as
applicable, of this issue of the Federal Register.
Paperwork Reduction Act: The Order in GN Docket No. 22-352 does not
contain new or modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, the Order does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Synopsis
I. Order in GN Docket No. 22-352
1. In the 12.7 Notice of Inquiry (12.7 NOI), the Commission noted
that to the extent it considers relocation of incumbents, or even
future sharing between incumbents and new entrants, it will be
important to have clear information about the nature and density of
incumbent use.\1\ Accordingly, the Commission sought comment on whether
to require incumbents in the 12.7 GHz band to submit information
detailing their current use of the band, and if so, what such
information it should require to be submitted.\2\
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\1\ See In the Matter of Expanding Use of the 12.7-13.25 GHz
Band for Mobile Broadband or Other Expanded Use, GN Docket No. 22-
352, Notice of Inquiry, FCC 22-80, 2022 WL 16634851, at *9, para. 25
(Oct. 28, 2022) (12.7 NOI). Record references and citations refer to
GN Docket No. 22-352, unless otherwise noted.
\2\ Id. (citing Letter from Scott K. Bergmann, Senior Vice
President, Regulatory Affairs, CTIA, to Marlene H. Dortch,
Secretary, FCC, GN Docket No. 22-352, at 3 (filed Oct. 20, 2022)).
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2. In response, several commenters urge the Commission to require
incumbents to confirm that they are actually operating in the band and
to provide detailed information about their operations including
transmitter and receiver characteristics.\3\ For the 23 uplink Earth
stations authorized in the band, and for the fixed point-to-point links
authorized under parts 78 and 101, the operator or licensee must file a
separate renewal application for each authorization.\4\ All of the
fixed links under part 101, however, were first authorized relatively
recently (2017 or later) and typically consist of paired transmitters
and receivers providing a communications link between two fixed
locations. By contrast, many of the Broadcast Auxiliary Services (BAS)
and Cable Television Relay Services (CARS) incumbents were first
authorized decades ago to use channels throughout the 12.7 GHz band
over geographic areas for operations typically consisting of a
collection of receive sites, mobile equipment, and control
equipment,\5\
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which heightens the need to ensure that these authorizations in the
Universal Licensing System (ULS) \6\ and the Cable Operations and
Licensing System (COALS) \7\ still accurately reflect current
operations.
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\3\ See, e.g., AT&T Comments at 4 (asserting that to rationally
assess how to protect non-Federal incumbents' operations, the
Commission should require them to provide detailed ``technical and
operational data about their services, including transmitter and
receiver characteristics''); Ericsson Comments at 12 (``Ericsson
supports the Commission seeking information on incumbent use in the
band to help assess how it can optimize the introduction of mobile
broadband in the 12.7 GHz band''); NCTA Comments at 12 (``NCTA
applauds the Commission's collection of more detailed and up-to-date
information regarding incumbents to help facilitate consideration of
`sharing between incumbents and new entrants' '') (quoting 12.7 NOI
at *9, para. 25); Nokia Comments at 3 (urging the Commission to
``require incumbents in the 12.7 GHz band to provide relevant and
accurate data'' and to use that data to conduct an ``in-depth
evaluation of the sharing or coexistence conditions for the
different incumbent uses in the band'' to determine more
conclusively ``which incumbent services could share the band with
mobile broadband, and which incumbent services should be
relocated.''); Qualcomm Comments at 9 (contending that ``licensing
records . . . . do not fully reflect actual use or the intensity of
that use'' and that ``[a]ccurate and updated data on the uses of the
band are instrumental'' to evaluating possible expanded uses and
encouraging the Commission to ask incumbent licensees to (1)
``confirm whether they are actually operating on the frequency
band''; (2) ``provide data about their operations'', and (3) provide
``the actual technical parameters of such operations.''); T-Mobile
Comments at 8 (stating that as part of relocating incumbents, the
Commission could ``require incumbent licensees to provide
information about their operations, including certifying to their
use, to ensure the accuracy of cost estimates related to their
systems.''); Verizon Comments at 10 (stating that the Commission
``should collect information about how much spectrum incumbent
operators use to support their services, the breadth of geographic
use by licensees,'' and ``should also establish a deadline for
operators to provide this information so that stakeholders may be on
notice regarding further action in this proceeding.''); Letter from
Sarah Leggin, Assistant Vice President, Regulatory Affairs, CTIA, to
Marlene H. Dortch, Secretary, FCC, GN Docket No. 22-352, at 2 (filed
May 5, 2023) (urging the Commission to require CARS licensees to
certify that the COALS database accurately reflects current
operations in the 12.7 GHz band).
\4\ See 47 CFR 25.121(b), 78.15(a), 78.29, and 101.5; see also
id. Sec. 1.949. For the 12.7 GHz band incumbents licensed under
part 74, however, most BAS authorizations are associated with a
parent broadcast license and renewed automatically upon renewal of
the parent broadcast license. See 47 CFR 74.15(b), (e). Although
this streamlined process reduces paperwork burdens and avoids
termination for non-renewal of BAS authorizations that support
ongoing broadcast operations, it may also increase the probability
of inaccurate licensing and operational data in the Commission'
records.
\5\ See. e.g., Improving Public Safety Communications in the 800
MHz Band, WT Docket 02-55, Memorandum Opinion and Order and Further
Notice of Proposed Rulemaking, 23 FCC Rcd. 4393, 4408 para 44
(2008); Improving Public Safety Communications in the 800 MHz Band,
WT Docket 00-55, Report and Order, Fifth Report and Order, Fourth
Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004).
\6\ Licensing data for fixed and mobile BAS is in ULS. See
<a href="https://wireless2.fcc.gov/UlsApp/ApplicationSearch/searchAppl.jsp">https://wireless2.fcc.gov/UlsApp/ApplicationSearch/searchAppl.jsp</a>.
\7\ Licensing data for fixed and mobile CARS is in COALS. See
<a href="https://fccprod.servicenowservices.com/coals">https://fccprod.servicenowservices.com/coals</a>.
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3. Accordingly, to improve the data that the public and the
Commission have to make informed comments and decisions about the
proposals discussed in the notice of proposed rulemaking (see FCC 23-
36, paras. 58-142) (FR 2023-13500), published elsewhere in this issue
of the Federal Register, the Commission directs fixed and mobile BAS
and CARS licensees under parts 74 and 78, to certify the accuracy of
all information reflected on each license that includes authority to
operate in the 12.7 GHz band, including whether the facilities are
operating as authorized. If a licensee is unable to make such a
certification for a given license, it must cancel or modify the license
in accordance with the Commission's rules.\8\ The Commission exempts
from this Order BAS and CARS licensees that have filed separate
applications, on or after January 1, 2021, for new or modified licenses
in the 12.7 GHz band. The Commission notes that for purposes of
implementing the Paperwork Reduction Act of 1995 (PRA), these
certifications are not ``information'' collections that require
approval from the Office of Management and Budget (OMB).\9\ The
Commission directs the Wireless Telecommunications Bureau, in
coordination with the Media Bureau, to issue a Public Notice that will:
(1) provide detailed instructions for BAS and CARS licensees to file
certifications regarding existing information in ULS and COALS,
respectively; and (2) establish a window for the filing of
certifications. The Commission also directs the Bureaus, in
coordination with the Office of Economics and Analytics, to consider
whether additional information should be collected from some or all
12.7 GHz band incumbents to seek comment regarding the need to initiate
an information collection if such additional information is necessary
to supplement the information submitted in this proceeding, and to
comply with all requirements associated with any such information
collection under the PRA.\10\
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\8\ 47 CFR 74.600-74.690. Based on ULS data, 12.7 GHz band BAS
licenses for the following radio service codes (followed by the
approximate number of such licenses in parentheses) are subject to
this certification requirement: Aural Intercity Relay (1), TV
Intercity Relay (1179), TV Pickup (403), TV Studio-Transmitter Link
(485), TV Translator Relay (32).
\9\ See 5 CFR 1320.3(h)(1) (defining ``information'' as not
generally including certifications); accord, 84 FR 22733, 22734,
n.12 (May 20, 2019) (concluding that the certification requirement
for Earth station incumbents in the 3.7-4.2 GHz band was not
considered ``information'' for purposes of the Paperwork Reduction
Act (citing 5 CFR 1320.3(h)(1)); Notice of Office of Management and
Budget Action, ICR Ref. No. 201811-3060-018 (Jan. 28, 2019),
available at <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201811-3060-018">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201811-3060-018</a>; Federal Communications
Commission, Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 84 FR
13141, Apr. 4, 2019.
\10\ While the Commission has discretion to seek comment before
undertaking an information collection, it has never taken the
position that such comment, other than the comment sought as part of
the PRA process, is a necessary prerequisite. Because the
information collection adopted here is designed solely to obtain the
information necessary to evaluate whether to adopt future Commission
rules, it has no direct ``future effect'' and as such is not a rule
requiring notice under the Administrative Procedure Act (APA). See 5
U.S.C. 551(4).
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4. The Commission acknowledges that several comments recommend also
seeking information from all incumbent licensees in the 12.7 GHz band,
as well as in the bands adjacent to the 12.7 GHz band.\11\ As noted in
the notice of proposed rulemaking (FCC 23-36) (FR 2023-13500), the
Commission's rules require all in-band incumbents to operate in
accordance with their authorizations. In the notice of proposed
rulemaking,\12\ the Commission specifically seeks detailed information
on the receiver, antenna, and operational characteristics for services
operating in the adjacent bands from incumbents in adjacent bands,
including Direct Broadcast Satellite (DBS), Fixed Satellite Service
(FSS) (space-to-Earth) limited to non-geostationary orbit systems (NGSO
FSS), Multi-Channel Video and Data Distribution Service (MVDDS), active
spaceborne sensors, and aeronautical radionavigation services (ARNS),
that contend that provisions beyond the existing 12.7 GHz band fixed
service protection levels for adjacent bands would be necessary for
mobile broadband or other expanded-use operations in the 12.7 GHz band
to prevent harmful interference to operations in those adjacent bands.
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\11\ See, e.g., Nokia Comments at 8 (contending that ``the
Commission should require incumbents in the . . . lower and upper
adjacent bands to provide relevant and accurate information about
their deployments and receiver characteristics''); Verizon Comments
at 10 (quoting 12.7 NOI at *14, para. 40) (stating that the
Commission ``should collect information on `detailed information on
the receiver, antenna, and operational characteristics for services
operating in the adjacent bands.' '').
\12\ See Notice of Proposed Rulemaking at para. 121.
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5. Although the Commission does not require incumbents to provide
additional information on their existing operations at this time, the
Commission proposes in the Notice of Proposed Rulemaking to protect
only those BAS and CARS stations licensed in ULS and COALS,
respectively, for which the licensee timely files the certification
required in this Order (to the extent they have not filed a new or
modification application in ULS or COALS for the station on or after
January 1, 2021) and to protect FS incumbents based on licensing data.
For the 23 incumbent Earth stations in the band, the Commission also
proposes in the Notice of Proposed Rulemaking to use the International
Bureau Filing System (IBFS) data in defining the scope of the
grandfathered status of these stations. Because the Commission may use
these data to inform its deliberations regarding the future use of the
12.7 GHz band, including possible interference avoidance coordination
or relocation of facilities, or grandfathered status that could require
future licensees to accept harmful interference from existing
operations, the Commission encourages all licensees to timely submit
their data and to update their information in the event of a change in
any of the operational parameters.
II. Ordering Clauses
6. It is ordered that, pursuant to sections 1, 2, 4, 5, 301, 302,
303, 304, 307, 309, 310, and 316 of the Communications Act of 1934, 47
U.S.C. 151, 152, 154, 155, 301, 302a, 303, 304, 307, 309, 310, 316, and
Sec. 1.411 of the Commission's rules, 47 CFR 1.411, the Report and
Order and Further Notice of Proposed Rulemaking and Notice of Proposed
Rulemaking, and Order in the captioned dockets is adopted.
7. The inquiry in Expanding Flexible Use in Mid-Band Spectrum
Between 3.7-24 GHz, GN Docket No. 17-183, is terminated as to the mid-
band spectrum between 12.2 GHz and 13.25 GHz.
8. It is further ordered that, pursuant to applicable procedures
set forth in Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comment on the Further
Notice of Proposed Rulemaking in WT Docket No. 20-443 and the Notice of
Proposed Rulemaking in GN Docket No. 22-352 on or before the number of
days shown on the first page of this document after publication in the
Federal Register, and reply comment on or before the number of days
shown on
[[Page 43462]]
the first page of this document after publication in the Federal
Register.
9. It is further ordered that the Commission's Office of the
Secretary, Reference Information Center, shall send a copy of the
Report and Order and Further Notice of Proposed Rulemaking and Notice
of Proposed Rulemaking, and Order, including the associated Initial
Regulatory Flexibility Analyses to the Chief Counsel for Advocacy of
the Small Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-13502 Filed 7-7-23; 8:45 am]
BILLING CODE 6712-01-P
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