Proposed Rule2024-01681
Modifying Emissions Limits for the 24.25-24.45 GHz and 24.75-25.25 GHz Bands
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Published
January 29, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) proposes to implement certain decisions regarding the 24.25-27.5 GHz band made in the World Radiocommunication Conference held by the International Telecommunication Union (ITU) in 2019 (WRC- 19). Specifically, the Commission proposes to align part 30 of the Commission's rules for mobile operations with the Resolution 750 limits on unwanted emissions into the passive 23.6-24.0 GHz band that were adopted at WRC-19. These proposed rule changes would help to facilitate the protection of passive sensors used for weather forecasting and scientific research in the 23.6 GHz-24.0 GHz band, while continuing to promote flexible commercial use of the 24.25-24.45 GHz and 24.75-25.25 GHz bands (collectively, 24 GHz band). The Commission also seeks comment on alternatives to the proposals it makes, and on other related issues.
Full Text
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<title>Federal Register, Volume 89 Issue 19 (Monday, January 29, 2024)</title>
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[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Proposed Rules]
[Pages 5440-5451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01681]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 30
[ET Docket No. 21-286; FCC 23-114; FR ID 198341]
Modifying Emissions Limits for the 24.25-24.45 GHz and 24.75-
25.25 GHz Bands
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; solicitation of comment.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) proposes to implement certain decisions regarding the
24.25-27.5 GHz band made in the World Radiocommunication Conference
held by the International Telecommunication Union (ITU) in 2019 (WRC-
19). Specifically, the Commission proposes to align part 30 of the
Commission's rules for mobile operations with the Resolution 750 limits
on unwanted emissions into the passive 23.6-24.0 GHz band that were
adopted at WRC-19. These proposed rule changes would help to facilitate
the protection of passive sensors used for weather forecasting and
scientific research in the 23.6 GHz-24.0 GHz band, while continuing to
promote flexible commercial use of the 24.25-24.45 GHz and 24.75-25.25
GHz bands (collectively, 24 GHz band). The Commission also seeks
comment on alternatives to the proposals it makes, and on other related
issues.
DATES: Comments are due on or before February 28, 2024; reply comments
are due on or before March 14, 2024. Written comments on the Initial
Regulatory Flexibility Analysis (IRFA) in this document must have a
separate and distinct heading designating them as responses to the IRFA
and must be submitted by the public on or before February 28, 2024.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998). You may submit comments,
identified by ET Docket No. 21-186, 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/">http://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who 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, 2788-89 (OS 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, computer
diskettes, audio recordings), send an email to <a href="/cdn-cgi/l/email-protection#1e787d7d2b2e2a5e787d7d30797168"><span class="__cf_email__" data-cfemail="80e6e3e3b5b0b4c0e6e3e3aee7eff6">[email protected]</span></a> or call
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice),
202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless
Telecommunications Bureau, Broadband Division, at 202-418-1443 or
<a href="/cdn-cgi/l/email-protection#eab983878584c4a88b84938b83aa8c8989c48d859c"><span class="__cf_email__" data-cfemail="d98ab0b4b6b7f79bb8b7a0b8b099bfbabaf7beb6af">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), in ET Docket No. 21-186, FCC 23-114;
adopted on December 12, 2023 and released on December 22, 2023. The
full text of this document is available at <a href="https://docs.fcc.gov/public/attachments/FCC-23-114A1.pdf">https://docs.fcc.gov/public/attachments/FCC-23-114A1.pdf</a>.
Regulatory Flexibility Act: The Regulatory Flexibility Act of 1980,
as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice-and-comment rulemaking proceedings,
unless the agency certifies that ``the rule will not, if promulgated,
have a significant economic impact on a substantial number of small
entities.'' The Commission seeks comment on potential rule and policy
changes contained in the NPRM, and accordingly, has prepared an IRFA.
The IRFA for this NPRM in ET Docket No. 21-286 is set forth below in
this document and written public comments are requested. Comments must
be filed by the deadlines for comments on the NPRM indicated under the
DATES section of this document and must have a separate and distinct
heading designating them as responses to the IRFA. The Commission
reminds commenters to file in the appropriate docket: ET Docket No. 21-
286.
Ex Parte Rules: The proceeding shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda, or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system
[[Page 5441]]
available for that proceeding, and must be filed in their native format
(e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this
proceeding should familiarize themselves with the Commission's ex parte
rules.
Paperwork Reduction Act: This document does not contain proposed
information collection requirements to the Paperwork Reduction Act of
1995, Public Law 104-13. Therefore, it does not contain any proposed
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. Notice of Proposed Rulemaking in WT Docket No. 21-186
A. Background
1. The 23.6-24.0 GHz band is allocated to the Earth Exploration
Satellite Service (EESS) (passive), Space Research Service (passive),
and Radio Astronomy Service (RAS) on a primary basis. EESS utilizes
passive sensors located on satellites to measure the power level of
naturally occurring radio emissions from water vapor and cloud liquid
water molecules in the atmosphere, critical measurements for
climatology science and weather forecasting. The National Oceanic and
Atmospheric Administration (NOAA) uses such passive sensors to measure
moisture data and determine water vapor in its weather forecast models.
Because these naturally occurring emissions in the 23.6-24.0 GHz band
are very weak, the passive sensors measuring them are sensitive and
vulnerable to interference. As these sensors receive all natural and
man-made emissions in general, passive sensors are not able to
differentiate these two sources of signals.
2. The Commission first authorized service in the 24.25-24.45 GHz
and 25.05-25.25 GHz bands in 1997, when it transitioned the Digital
Electronic Messaging Service (DEMS) to these bands from the 18 GHz
band. In 2000, the Commission adopted competitive bidding and service
rules for these bands and created a 24 GHz Service. This 24 GHz Service
had a total of 176 Economic Areas (EA) or EA-like service areas. In
2004, the Commission held Auction 56, in which it made 880 24 GHz
licenses available. Only seven of the 880 licenses were sold. As of
2017, there were 33 active DEMS licenses in these bands.
3. In 2017, the Commission authorized the 24 GHz band for Upper
Microwave Flexible Use Services (UMFUS), and generally applied the same
licensing and technical rules to UMFUS in the 24 GHz band that it
applied to UMFUS in other upper microwave bands. The UMFUS rules allow
licensees flexibility as to the services they will deploy and the
architecture of their networks. Under these rules, licensees are able
to deploy mobile services, but they also may implement fixed point-to-
point and point-to-multipoint systems. Among other things, the UMFUS
rules specify that emissions outside of a licensee's assigned frequency
block must be limited to -13 dBm/MHz.\1\ With respect to the passive
systems operating in the 23.6-24 GHz band, the Commission noted that
ongoing international studies included analyses to determine
International Mobile Telecommunications (IMT) unwanted emissions limits
necessary to protect passive sensors, and it acknowledged that the
Commission's UMFUS rules might be revisited once these international
studies had been completed.
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\1\ 47 CFR 30.203(a). In the bands immediately outside and
adjacent to the licensee's frequency block, having a bandwidth equal
to 10 percent of the channel bandwidth, the conductive power or the
total radiated power of any emission shall be -5 dBm/MHz or lower.
As the 23.6-24 GHz passive band is 250 megahertz away from the UMFUS
bands, the -5 dBm/MHz does not apply within that passive band for
UMFUS licensees.
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4. WRC-19 allocated 24.25-25.25 GHz to mobile (except aeronautical)
on a primary basis in Regions 1 and 2, globally identified the 24.25-
27.5 GHz band for IMT, and established limits on unwanted emissions
applicable to IMT in the 24.25-27.5 GHz band to protect EESS passive
systems in the 23.6-24.0 GHz band from harmful interference. To protect
EESS passive systems, WRC-19 modified a footnote to the International
Table of Allocations to add a new limit contained in Resolution 750
(Rev. WRC-19). Resolution 750 specifies unwanted emissions limits in
terms of Total Radiated Power (TRP) as the amount of power that may be
radiated into any 200 megahertz block of the 23.6-24.0 GHz passive band
by IMT base stations and IMT mobile stations operating in the 24.25-
27.5 GHz band. Resolution 750 sets emissions limits for current IMT
devices as well as more stringent emissions limits for IMT devices that
will be brought into use in the 24.25-27.5 GHz band on or after
September 1, 2027.\2\ These two sets of unwanted emissions limits are
shown in Table 1.
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\2\ For IMT base stations and mobile stations brought into use
prior to September 1, 2027, the more relaxed unwanted emissions
limits will continue to apply. ITU Radio Regulations (2020),
Resolution 750 (Rev.WRC-19), Table 1, Vol. 3 at 519, 522.
[GRAPHIC] [TIFF OMITTED] TP29JA24.023
5. On April 26, 2021, the Office of Engineering and Technology and
the Wireless Telecommunications Bureau issued a Public Notice that
sought to develop a record on whether and how the Commission could
implement the emissions limits contained in Resolution 750 for the
active services in the 24 GHz band.\3\ The Public Notice specifically
sought comment on the possibility of amending part 30 of the
Commission's rules to conform to the unwanted emissions limits into the
passive 23.6-24.0 GHz band that were adopted at WRC-19 and/or to add
footnotes to the United States Table of Frequency Allocations at part 2
of the Commission's rules.
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\3\ See Office of Engineering & Technology and the Wireless
Telecommunications Bureau Seek Comment on Emission Limits for the
24.25-27.5 GHz Band, Public Notice, 36 FCC Rcd 7561 (OET WTB 2021)
(Public Notice).
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[[Page 5442]]
6. The Public Notice sought comment regarding what level of
emissions could be expected within the 23.6-24.0 GHz band from UMFUS
transmitters, and whether and to what extent new 5G deployments at the
current UMFUS emissions limits could cause harmful interference to
passive systems operating in the 23.6-24.0 GHz. It also asked how
equipment intended for use under the UMFUS rules in the 24 GHz band
could be reconfigured to conform to both the current and future
Resolution 750 unwanted emissions limits. In addition, the Public
Notice asked whether licensees could meet the Resolution 750 deadlines,
as well as whether the Commission could help facilitate a more
accelerated timeframe. It also inquired whether such emissions limits
should be measured as conducted power or total radiated power.
7. The Public Notice also sought comment on the scope of operations
that would be covered if the Commission were to adopt the emissions
limits in Resolution 750 for the 24.25-27.5 GHz band. In particular, it
sought comment on whether the Resolution 750 unwanted emissions limits
should apply to (1) IMT mobile systems only, (2) all mobile systems, or
(3) all systems, including fixed point-to-point and point-to-multipoint
systems. As noted above, the unwanted emissions limits of Resolution
750 apply only to IMT base stations and mobile stations. IMT standards
are not specific technologies, but rather specifications and
requirements for high-speed mobile broadband service. The Public Notice
noted that Resolution 750 specified TRP as the only means of measuring
whether equipment met the required emissions limits. It asked if there
are any difficulties in performing over the air TRP measurements at
such low signal levels in the 24.25-24.45 GHz and 24.75-25.25 GHz bands
and whether a conductive power methodology should be permitted as an
alternative means of demonstrating compliance with the emissions limits
for equipment certification.
8. Comments on the Public Notice were due June 26, 2021, and reply
comments were due July 26, 2021. The Office of Engineering and
Technology and Wireless Telecommunications Bureau received ten
comments, and four reply comments.
II. Discussion
A. Revision of Commission Rules To Adopt Resolution 750 Unwanted
Emissions Limits
9. The Commission proposes to adopt the Resolution 750 unwanted
emissions limits adopt WRC-19, to apply them to all mobile systems in
the 24 GHz band, and to incorporate those limits into its part 30
technical rules as well as codifying them in a new U.S. footnote to the
Table of Frequency Allocations (Allocation Table). Under this proposal,
as of the effective date of the rules, mobile operations in the 24 GHz
band would be required to comply with the current TRP limits adopted at
WRC-19. The Commission seeks comment on this proposal and on
alternative limits, including the effect of any changes to existing
limits on smaller entities. The Commission also seeks comment on the
schedule for adoption of any revised limits, including adjustments that
should be made for smaller entities to come into compliance.
Appropriate out-of-band emissions limits in the 24.25-27.5 GHz band are
important to protect passive sensing operations in the 23.6-24.0 GHz
band, which are central to weather forecasting and scientific research.
10. Based on the record before the Commission, it appears that the
proposed Resolution 750 unwanted emission limits likely strike the
appropriate balance between protecting passive sensing and facilitating
use of the 24 GHz band.\4\ NTIA, AT&T, CTIA, Nokia, T-Mobile, Ericsson,
Marcus & Jornet, and AGU/AMS/NWA support adopting these limits. They
argue that adopting these limits would provide important protection to
extremely sensitive passive satellite operations, would allow 5G to
continue to develop and deploy in the U.S., would be consistent with
U.S. policy as a signatory to the treaty of the text of the Radio
Regulations, and would promote international harmonization. Moreover,
NTIA asserts that adopting the rules would help to meet the
Administration's goals for climate monitoring and climatological
science, would enable the U.S. to maintain its position as a world
leader in telecommunications, and would enable manufacturers to produce
equipment marketable across the globe. The Commission asks parties that
support adopting the Resolution 750 limits to quantify the benefits of
these limits.
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\4\ The Commission notes that, in 2017, the Commission provided
notice that ongoing international studies included analyses to
determine IMT-2020 OOBE limits necessary to protect passive sensors
onboard weather satellites in the 23.6-24 GHz band, and that once
the studies were completed, new rules might be necessary for
protection of these operations. In the Matter of Use of Spectrum
Bands Above 24 GHz for Mobile Radio Servs., 32 FCC Rcd. 10988,
10997, para. 22 (2017).
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11. The Commission notes that, while equipment manufacturers
support adopting the Resolution 750 limits, Qualcomm, in its comments
to the Public Notice, opposes adopting these limits because it alleges
that they will require equipment that uses the 24 GHz UMFUS band to
operate with lower in-band power levels. The Commission seeks comment
on Qualcomm's concerns. In particular, the Commission asks parties that
argue that adoption of the Resolution 750 limits would increase network
deployment costs to quantify these additional costs and to specify the
impact on existing and future service. Commenters should separately
discuss deployment costs associated with the current limits and limits
recommended for implementation after Sept. 1, 2027.
12. The Commission proposes to adopt the limits set forth in
Resolution 750. In doing so, the Commission also seeks comment on
whether some changes to these limits may be appropriate to help strike
the best balance and better serve the public interest in the United
States while protecting EESS operations in the 23.6-24.0 GHz band. For
example, CORF asserts that the WRC limits are not stringent enough to
protect EESS operations, and it requests that the Commission should
either adopt the European OOBE standard it offered going into WRC-19 (-
42 dBW in 200 MHz) \5\ or the World Meteorological Organization (WMO)
proposal (-54 dBW in 200 MHz).\6\ CORF also points
[[Page 5443]]
out that although the primary focus of the Public Notice was protecting
EESS, RAS also has a co-primary allocation at 23.6-24.0 GHz.
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\5\ The Commission notes that after WRC-19, the European Union
modified its stricter limits stating that ``[t]he continued
application of the current more stringent EU-harmonised protection
limits in the single market would provide greater protection of the
EESS (passive) across the territory of the Union. However the
application of protection limits in the Union that differed from
those applied in the rest of the world, in particular by being more
stringent may affect the degree of equipment availability and
choice, which in turn may have a negative impact on equipment costs
and the scale of investments in high-capacity (5G) networks . . .''
and concluded that ``Decision (EU) 2019/784 should be amended in
order to preserve the balance of Union policies on 5G deployment and
the monitoring of the Earth's atmosphere and surface and to foster
the Union's role as a leader in the global 5G ecosystem of equipment
and services.''). See EU Commission implementing Decision (EU) 2020/
590 (24 April 2020) amending Decision (EU) 2019/784, at <a href="https://docdb.cept.org/download/167">https://docdb.cept.org/download/167</a>.
\6\ IEEE neither supports nor rejects the WRC-19 limits but
propose the alternative of supporting whichever limit allows for the
least power to be emitted into the 23.6-24.0 GHz band. IEEE Comments
at 4. IEEE also argues it is necessary to understand the filter
roll-off characteristics of the equipment being used in order to
calculate the amount of power that would be transmitted by that
equipment into a 200 MHz block of the 23.6-24.0 GHz band, and
therefore requests that the Commission delay making a decision on
limits until the Commission has completed such an evaluation. Id.
Assuming the Commission adopts rules that will limit the amount of
unwanted emissions into the EESS band, its licensees will be
required to comply with those limits by any means necessary.
Although the Commission invites commenters to provide information on
filter roll-off characteristics, the Commission sees no need to
delay this proceeding pending such information.
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13. AT&T, T-Mobile, and CTIA request that the Commissionrejectthe
more stringent limits suggested by CORF. AT&T argues that the stricter
limits mayhinder the roll-out and growth of 5G services. T-Mobile notes
that theResolution 750 limitsfrom the ITUwere carefully considered
andare a product of extensive collaboration, and that CORF has not
demonstrated why these limits are inadequate. CTIA argues thatadopting
CORF's proposal would conflict withthe notice that it asserts was given
to bidders in the 24 GHz auctionthat theCommissionwould notadopt limits
that are significantly stricter than whatwas agreed to at WRC-19. The
Commission seeks comment on CORF's proposal in the record. Parties
supporting changes to the Resolution 750 unwanted emission limits
should provide additional technical justification and explain why any
stricter changes are necessary to protect EESS operations in the United
States. While CORF also raises issues concerning RAS, the Commission
notes that Resolution 750 was limited to protection of EESS, and RAS is
outside the scope of this proceeding. The Commission also notes that
RAS observations that are protected under US74 historically have
received a lower level of protection than EESS.\7\
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\7\ Compare United States Table of Allocations, 47 CFR
2.106(c)(74) (``In the bands . . . 23.6-24.0 . . . GHz, the radio
astronomy service shall be protected from unwanted emissions only to
the extent that such radiation exceeds the level which would be
present if the offending station were operating in compliance with
the technical standards or criteria applicable to the service in
which it operates.'') with id. at (c)(246) (``No station shall be
authorized to transmit in the following bands . . .'').
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14. The Commission proposes to make any changes to the limits on
emissions into the 23.6-24.0 GHz band by amending its part 30 rules and
adding a footnote to the U.S. Table of Allocations. Since the
Commission's part 30 rules already contain a rule governing emissions
limits, it appears to be appropriate to incorporate any changes the
Commission makes in this proceeding into that rule. CORF, CTIA, and T-
Mobile all support incorporating any changes to the Commission's
emissions limits into part 30 of the Commission's rules. The Commission
seeks comment on alternative approaches.
B. Services Subject to Resolution 750 Unwanted Emissions Limits
15. The Commission proposes to apply the Resolution 750 unwanted
emissions limits to all mobile operations (as defined in parts 2 and 20
of the Commission's rules) \8\ in the 24 GHz band, not just to IMT
operations. While WRC-19 only applied the unwanted emissions limits of
Resolution 750 to IMT base stations and mobile stations, the
Commission's rules do not define IMT and do not require that equipment
complying with a particular technical standard be used in a band
licensed under the UMFUS rules. Accordingly, attempting to treat non-
IMT mobile operations differently than IMT mobile operations could
cause confusion and difficulties with enforcing the limits. The
Commission also does not see a technical justification for applying
different emissions limits to IMT and non-IMT mobile systems. NTIA
believes that device and deployment density, along with pointing angles
toward the satellite, are the predominant factors in causing
interference to the passive satellite sensors, and these factors are
not unique to IMT but common to all mobile systems. Additionally, the
Commission notes that NTIA, CORF, and various wireless industry
commenters support applying any revised emissions limits to all mobile
operations, while no commenter supports applying the Resolution 750
emissions limits to only IMT mobile operations.\9\ The Commission seeks
comment on this proposal. The Commission also seeks comment on NTIA's
request that the Commission apply the Resolution 750 unwanted emissions
limits to fixed operations, including point-to-point and point-to-
multipoint operations,\10\ though the Commission acknowledges that WRC-
19 did not study fixed deployments. NTIA argues the Commission should
apply the two-phased WRC-19 emissions limit timetable described below
to fixed deployments. It asserts that fixed services that cannot comply
with the WRC-19 OOBE limits, or that cannot meet the phased approach,
should be constructed to operate with no greater than 0 degree antenna
up-tilt to protect satellite operations.\11\ NTIA further submits that
the applicability of OOBE limits to fixed deployments is an issue that
could merit explicit study--perhaps jointly by the Commission and
NTIA--to gain sufficient confidence to relax the rules for fixed
services. CORF and IEEE also want all potential UMFUS operations,
mobile and fixed, to be subject to enhanced OOBE standards.
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\8\ See 47 CFR 2.1 (``Mobile Service. A radiocommunication
service between mobile and land stations, or between mobile
stations.''); see also 47 CFR 20.3 (``Mobile Service. A radio
communication service carried on between mobile stations or
receivers and land stations, and by mobile stations communicating
among themselves, and includes: (a) Both one-way and two-way radio
communications services; (b) A mobile service which provides a
regularly interacting group of base, mobile, portable, and
associated control and relay stations (whether licensed on an
individual, cooperative, or multiple basis) for private one-way or
two-way land mobile radio communications by eligible users over
designated areas of operation; and (c) Any service for which a
license is required in a personal communications service under part
24 of this chapter.'')
\9\ Qualcomm opposes the WRC limits and asks the Commission to
maintain the existing -13 dBm/MHz OOBE standard, but to the extent
the Commission will adopt the WRC limits, it asks that they apply
only to mobile deployments. Qualcomm Comments at 2.
\10\ Point-to-multipoint operations include transportable user
equipment, where the user equipment is not intended to be used while
in motion, but the equipment could be moved when not in operation.
See 47 CFR 30.2.
\11\ NTIA further submits that the applicability of OOBE limits
to fixed deployments is an issue that could merit explicit study--
perhaps jointly by the Commission and NTIA--to gain sufficient
confidence to relax the rules for fixed services. NTIA Comments at
12.
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16. The Commission seeks comment on whether it would be necessary
to apply emissions limits stricter than -13 dBm/MHz to fixed operations
in the 24 GHz band. Proponents of applying stricter limits as well as
those arguing for maintaining the existing limits should provide
specific technical data justifying their respective positions, as well
as the costs and benefits of applying stricter limits or of keeping the
existing limits.\12\ The Commission notes that numerous point-to-point
microwave links deployed by non-federal and federal operators in the
21.2-23.6 GHz band (which has propagation characteristics similar to
the 24 GHz band and is immediately adjacent to the 23.6-24.0 GHz
passive band) operate with the same unwanted emissions limits that
apply under the UMFUS rules. The Commission seeks comment on whether
these existing deployments have caused harmful interference to passive
sensors in the 23.6-24.0 GHz band, and on the likelihood that the
tighter beams of fixed point-to-point systems will be detected by
passive instruments in space. The Commission also seeks comment on
whether there are material differences between existing fixed point-to-
point systems and fixed point-to-point and point-to-multipoint systems
that may be deployed in the 24 GHz band in the future and how such
[[Page 5444]]
systems might impact emissions into the 23.6-24.0 GHz band. Further,
the Commission seeks comment on NTIA's alternative suggestions of
limiting the elevation angles of fixed deployments.
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\12\ The Commission notes the arguments that the scientific
community is unable to determine whether data has been corrupted by
low-level interference. See CORF Comments at 13-14.
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17. Finally, the Commission seeks comment on Ericsson's and AT&T's
proposal that indoor small-cell systems be exempt from the Resolution
750 limits. The Commission urges parties who support an exemption for
indoor systems to include a technical justification for treating indoor
small-cell systems differently. The Commission notes that indoor
systems normally run at lower power and should have less difficulty
meeting the Resolution 750 limits. Conversely, building attenuation
would further reduce the likelihood of unwanted emissions in the 23.6-
24 GHz passive band from indoor small cell transmitters.
C. Timetable for Application of WRC-19 Limits
18. The Commission proposes to apply the new Resolution 750
unwanted emissions limits on the timeframes adopted at WRC-19. Under
this proposal, the first phase limits (-33 dBW for base stations, -29
dBW for mobile stations) would apply as of the effective date of the
rules, and the second phase limits (-39 dBW for base stations, -35 dBW
for mobile stations) would apply to all deployments after September 1,
2027. AT&T, CTIA, Ericsson, Nokia, and T-Mobile support adopting the
WRC limits on the timeframes adopted by WRC-19. The Commission notes
that no party has alleged that there will be a problem complying with
the first phase limits or has asserted that existing deployments in the
24 GHz band would be constrained by such limits. AT&T, Ericsson, and
Nokia state they will have equipment that meets the interim Phase 1
standard, and that they are working on compliance with the 2027
standards, which will depend on advances in chipsets and significant
research and development.\13\ CTIA asserts that licensees and
manufacturers have relied on the WRC-19 decisions in developing
equipment and planning deployment, and it notes that the 3rd Generation
Partnership Project (3GPP) standards development organization is
adopting these limits into its standards for equipment operating in the
band based on the timeframes determined at WRC-19. The Commission seeks
comment on this proposal.
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\13\ Nokia states its equipment meets the current WRC limits and
that it is devoting substantial resources to meet the stricter
limits by, but not earlier than, September 1, 2027. Nokia Comments
at 1-2. Likewise, Ericsson states it already designs its equipment
to meet the current, phase 1 WRC-19 limits, but cannot guarantee
meeting the stricter, phase 2 limits prior to September 2027.
Ericsson Comments at 4. AT&T states its planning is designed to meet
Phase 1, but Phase 2 is significantly more restrictive and will
require research and development, arguing against accelerated
deadlines. AT&T Reply Comments at 3-4.
---------------------------------------------------------------------------
19. One of the tools that the Commission uses to ensure compliance
with its technical rules is its equipment authorization program for RF
devices, which is codified in part 2 of its rules. In general, and for
24 GHz band devices used for mobile services, RF devices must comply
with the Commission's technical and equipment authorization
requirements before they can be imported into or marketed in the United
States.\14\ Because the unwanted emission limits for base stations and
mobile stations will change after September 1, 2027 under the
Commission's proposal, equipment certifications based on compliance
with the first phase limits would expire on that date. Any equipment
remaining in the supply chain--i.e. in warehouses or in transit--would
then be illegal to sell or install under the Commission's rules. To
minimize this issue, the Commission seeks comment on whether the
Commission should prohibit the grant of new equipment certifications
for, or the importation of, equipment not complying with the phase two
unwanted emission limits at a date prior to September 1, 2027. For
example, the Commission could cease granting new equipment
certifications or permitting importation of equipment certified as
complying with only the first phase limits after March 1, 2027--six
months before the implementation of the second phase limits. Adopting
such a rule could help prevent equipment that does not comply with the
phase two unwanted emission limits from being deployed after September
1, 2027. The Commission would expect equipment manufacturers and
distributors to manage their inventories to comply with the rules that
the Commission adopts.
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\14\ See 47 CFR 2.803, 30.201. Part 30 transmitters used for
fixed point-to-point microwave and point-to-multipoint services do
not require certification. See also 47 U.S.C. 302a(b) (stating that
no person shall manufacture, import, sell, offer for sale, or ship
devices or home electronic equipment and systems, or use devices,
which fail to comply with regulations promulgated under the Act).
---------------------------------------------------------------------------
20. IEEE asks that the U.S. apply the stricter Phase 2 standards on
an accelerated schedule for new deployments and in 2027 for all
deployments, consistent with the European Union. The Commission seeks
comment on the feasibility and appropriateness of accelerating the
deadline for compliance with the Phase 2 standards. In that regard, the
Commission requests that equipment manufacturers and 24 GHz licensees
provide further information on timelines for mobile equipment
availability and system deployment. As noted above, while equipment
manufacturers are working on equipment that would comply with the Phase
2 standards, it is not clear that equipment meeting the Phase 2
standards would be widely available on an accelerated time frame.
Furthermore, the Phase 2 standards anticipate ubiquitous deployment of
mobile systems in the band, and it is not clear that widespread
deployment of mobile systems will occur in the band before 2027. The
Commission also notes that licensees in the band in the U.S. will not
be required to demonstrate buildout before 2029.
21. NTIA requests that the Commission incentivize early adoption of
the 2027 WRC limits, asserting that the WRC limits are based on
estimates of gradual 5G deployment, which is at odds with the United
States' national priority of rapid 5G deployment. Noting that rapid 5G
deployment in a range of frequency bands covering high-band, mid-band,
and low-band spectrum is a priority for many countries around the
world, and that international 5G deployments are well underway, the
Commission seeks comment on NTIA's request. What incentives would
facilitate deployment of equipment that meets the Phase 2 limits? Are
there steps the Commission can take to encourage the development and
deployment of equipment that meets the Phase 2 standards?
22. NTIA urges, and AGU/AMS/NWA agrees, that base stations and user
equipment modified or replaced after September 1, 2027, should comply
with the post-2027 (e.g., -39 dBW) OOBE levels. CTIA argues this
requirement is overly broad and would effectively prevent licensees
from making any changes to existing deployments without purchasing and
installing entirely new equipment; furthermore, it asserts the WRC-19
decision makes clear that the more stringent limits apply to equipment
brought into use after September 2027, and that equipment brought into
use before that date will continue to be subject to the initial
emissions limits. T-Mobile notes that equipment can be ``modified'' in
a number of insignificant ways, and thus, the Commission should only
treat base station modifications that affect the emissions
characteristics as ``modifications.'' In contrast, AGU/
[[Page 5445]]
AMS/NWA recommends that all legacy equipment installed prior to 2027
that does not meet the more stringent limits should be given a sunset
date of September 1, 2028, for retrofit or replacement to comply with
the Phase 2 limits. CTIA and AT&T respond that the Commission should
not apply a more stringent emissions limit to any equipment that is
modified or replaced after September 2027.
23. The Commission seeks comment on adopting a timetable that
matches what was adopted at WRC-19; i.e., deployments would be required
to meet the first phase limits as of the effective date of any rules
the Commission adopts, and deployments after September 1, 2027 would be
required to meet the stricter second phase limits. The Commission notes
the concern that significant research and development will be required
to meet the 2027 deadline in the U.S. The Commission seeks comment on
rules for transitioning equipment deployed under the Phase 1 limits,
including the proposal of NTIA and others that parties modifying or
replacing equipment after September 1, 2027 must meet the more
stringent OOBE limit (e.g., -39 dBW). The Commission seeks to
understand what would constitute ``replacement'' or ``modification'' of
equipment under such a proposal. What sort of technical changes would
constitute a ``modification'' for this purpose? Would any alterations
qualify, or only those which altered certain technical parameters, such
as antenna height? To the extent that parties are correct that the U.S.
would be better served by having its equipment ecosystem meet stricter
emissions limits by 2024 as is required in Europe,\15\ the Commission
seeks comment on whether there are any steps it can take to facilitate
early adoption of the 2027 limit. Additionally, as noted above, the
Commission seeks comment on whether a different implementation schedule
would be appropriate for smaller entities and if so, what would be the
related costs and benefits.
---------------------------------------------------------------------------
\15\ In Europe, the initial focus on licensing has been the
26.5-27.5 GHz band. See, e.g., Global update on spectrum for 4G &
5G, Qualcomm Corporation, December 2020, available at <a href="https://www.qualcomm.com/media/documents/files/spectrum-for-4g-and-5g.pdf">https://www.qualcomm.com/media/documents/files/spectrum-for-4g-and-5g.pdf</a> at
11.
---------------------------------------------------------------------------
D. Measurement of Unwanted Emissions
24. Currently, the UMFUS rules permit equipment manufacturers the
flexibility of demonstrating compliance with the out-of-band emissions
limits by using either a TRP or conductive methodology when obtaining
equipment certification. To the extent that the Commission adopts new
emissions limits to protect passive sensors in the 23.6-24.0 GHz band,
the Commission proposes to allow compliance with the unwanted emissions
limits for the 23.6-24.0 GHz band to be demonstrated using TRP
measurements, and the Commission seeks comment on whether to permit use
of conductive power measurements as well.
25. CTIA, Nokia, and AT&T support the Commission permitting use of
either TRP or conductive power methodologies to measure emissions,
while NTIA, AGU/AMS/NWA, and Ericsson argue that only TRP should be
allowed, consistent with the rules adopted at WRC-19. CTIA urges the
Commission to allow for measurement of emissions either in terms of TRP
or conductive power to provide manufacturers the flexibility to
determine the most feasible approach for a particular device without
affecting compliance with the established limits. Other commenters
assert that the Commission should not permit the conductive power
methodology to be used to measure emissions into the 23.6-24.0 GHz
band. NTIA suggests that only TRP measurements should be permitted
because the Resolution 750 unwanted emissions limits are based on the
use of TRP and because conductive power, while useful, is presently
less understood than TRP. Ericsson adds that mobile terrestrial systems
are increasingly relying on large arrays of active antenna elements in
their design, and there are no physical connections to the antenna
elements, making conductive power measurements unnecessary. Ericsson
does not anticipate encountering any difficulties in performing TRP
measurements on low signal levels in the 24.25-24.45 GHz and 24.75-
25.25 GHz bands in a controlled chamber environment, such as anechoic
chambers, where reliable and repeatable power measurements can be taken
at discrete sets of points from all directions from the antenna. AGU/
AMS/NWA recognize Ericsson's support for TRP and state that permitting
multiple measurement techniques would make it difficult for the
scientific community to use the measurement data from licensees to
determine if those emissions may be detrimental to passive sensing
measurements.
26. The Commission notes that no party objects to including TRP
measurements as an acceptable alternative. As the Commission stated in
the Spectrum Frontiers proceeding, however, a TRP measurement of a
device requires that EIRP measurements be made around a spherical
surface surrounding the device for both polarizations, and as a result
it can be time consuming and difficult.\16\ Given the complexity of
making TRP measurements, the Commission seeks comment on whether
allowing equipment manufacturers to use conductive power or other
measurement alternatives will result in the increased potential for
harmful interference to occur to 23.6-24.0 GHz band passive sensors.
The Commission also seeks comment on whether equipment with accessible
connections to make conductive power measurements has been manufactured
or will likely be manufactured for use in this band. To the extent that
commenters advocate against use of conductive power methodology for
measuring unwanted emissions into the 23.6-24.0 GHz band, the
Commission seeks comment on how to distinguish its disallowance in this
band from generally accepted use domestically and internationally in
other bands.\17\
---------------------------------------------------------------------------
\16\ See Use of Spectrum Bands Above 24 GHz For Mobile Radio
Services, et al., GN Docket No. 14-177, IB Docket Nos. 15-256 and
97-95, RM-11664, WT Docket No. 10-112, Report and Order and Further
Notice of Proposed Rulemaking, 31 FCC Rcd 8014, 8120, para. 303
(2016) (Spectrum Frontiers 1st R&O); Tadahiro Watanabe et al., Total
Radiated Power Measurement above 1 GHz with Partially-Spherical
Scanning of a Probe, 2009 Proceedings of the Institute of
Electronics, Information and Communication Engineers at 179 (<a href="http://www.ieice.org/proceedings/EMC09/pdf/21R3-3.pdf">http://www.ieice.org/proceedings/EMC09/pdf/21R3-3.pdf</a>). As Ericsson has
pointed out, this requires measurements to be made in a controlled
environment, such as an anechoic or reverberation chamber. Ericsson
Comments at 3-4.
\17\ Resolution 750 specifies that the unwanted emissions for
all other bands except for 23.6-24.0 GHz should be measured at the
antenna port--i.e., they are conductive power limits. ITU Radio
Regulations (2020), Resolution 750 (Rev.WRC-19), Table 1, Table 2
Vol. 3 at 519-524 <a href="https://www.itu.int/en/myitu/Publications/2020/09/02/14/23/Radio-Regulations-2020">https://www.itu.int/en/myitu/Publications/2020/09/02/14/23/Radio-Regulations-2020</a>. The Commission's rules have
traditionally specified out-of-band emissions limits in terms of
conductive power and only permit TRP as an option in the UMFUS
rules, which were adopted in 2016 and which also specify a
conductive limit. 47 CFR 30.203(a); Spectrum Frontiers 1st R&O, 31
FCC Rcd at 8119-21, paras. 301-304.
---------------------------------------------------------------------------
E. Other Matters
27. Marcus & Jornet support adopting the WRC limits but ask the
Commission to consider alternative antenna technologies or standards
that they believe would protect passive sensing. For example, they urge
the Commission to entertain waiver requests for alternative antenna
technologies that demonstrate that the resulting emissions will protect
the passive satellites to the limits stated in Recommendation ITU-R
RS.2017-0. The Commission will consider waiver requests in accordance
with its normal practice if a specific request is filed, and in light
of the specific circumstances, and does not see
[[Page 5446]]
the need to seek comment on such requests here.
28. Meanwhile, Choyu Networks offers a proposal for Real-time
Geospatial Spectrum Sharing (RGSS) as a method to ensure the protection
of EESS radiometers from interference while enabling adjacent and
coincident radio frequency spectrum to be used for 5G/6G (or
alternative) communication networks. While the concept has potential
interest, Choyu Networks admits that further research would be
necessary to develop even a proof of concept RGSS system. Accordingly,
it would appear to be premature to develop proposed rules based on an
RGSS system at this time, but the Commission seeks comment on this
alternative proposal.
F. Digital Equity and Inclusion
29. Finally, the Commission, as part of its continuing effort to
advance digital equity for all, including people of color, persons with
disabilities, persons who live in rural or Tribal areas, and others who
are or have been historically underserved, marginalized, or adversely
affected by persistent poverty or inequality, invites comment on any
equity-related considerations \18\ and benefits (if any) that may be
associated with the proposals and issues discussed herein.
Specifically, the Commission seeks comment on how its proposals may
promote or inhibit advances in diversity, equity, inclusion, and
accessibility, as well the scope of the Commission's relevant legal
authority.
---------------------------------------------------------------------------
\18\ The term ``equity'' is used here consistent with Executive
Order 13985 as the consistent and systematic fair, just, and
impartial treatment of all individuals, including individuals who
belong to underserved communities that have been denied such
treatment, such as Black, Latino, and Indigenous and Native American
persons, Asian Americans and Pacific Islanders and other persons of
color; members of religious minorities; lesbian, gay, bisexual,
transgender, and queer (LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons otherwise adversely
affected by persistent poverty or inequality. See Exec. Order No.
13985, 86 FR 7009, Executive Order on Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government
(January 20, 2021).
---------------------------------------------------------------------------
III. Initial Regulatory Flexibility Analysis
30. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in this NPRM. Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines specified in the NPRM for comments. The
Commission will send a copy of the NPRM, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
In addition, the NPRM and IRFA (or summaries thereof) will be published
in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
31. In the NPRM, the Commission proposes to implement certain
decisions regarding the 24.25-27.5 GHz band made in the World
Radiocommunication Conference held by the International
Telecommunication Union (ITU) in 2019 (WRC-19). Specifically, the
Commission proposes to adopt the Resolution 750 limits, apply them to
all mobile systems, and incorporate those limits into its part 30
technical rules. The Commission also proposes to adopt the WRC-19
timeframes for the Resolution 750 emissions limits. Resolution 750
defines current unwanted emissions limits, measured in terms of Total
Radiated Power (TRP), for IMT base and mobile stations and a stricter
set of emissions limits for the same stations that will become
effective after September 1, 2027. Consistent with Resolution 750, the
Commission proposes to adopt the use of TRP to measure compliance with
the unwanted emissions limits for the 23.6-24.0 GHz band. The
Commission seeks comment on these proposals and invites comment on
alternative proposals and approaches such as applying Resolution 750
limits to fixed operations or applying them on a more abbreviated
timeframe, adopting stricter emissions limits, and permitting the use
of conductive power to measure compliance with the unwanted emissions
limits. The Commission also seeks comment on equipment manufacturers'
capacity to meet the proposed timelines, and whether adoption of the
Resolution 750 emissions limits would increase network deployment costs
with the directive to commenters to quantify any additional costs that
would be incurred and discuss what if any impact there would be on
service. By adopting certain requirements consistent Resolution 750 and
aligning them with part 30 of the Commission's rules, the Commission
hopes to ensure the protection of Earth Exploration Satellite Service
(EESS) passive operations in the 23.6-24.0 GHz band, which are critical
for accurate climate monitoring and weather forecasting as well as for
climatology science.
B. Legal Basis
32. The proposed action is authorized pursuant to sections 4(i),
301, 302, 303(r), 308, 309, and 333 of the Communications Act of 1934,
47 U.S.C. 154(i), 301, 302a, 303(r), 308, 309, 333.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
33. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of the number of small entities that may be
affected by the proposed rules and policies, if adopted. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.
34. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's actions, over time, may affect small
entities that are not easily categorized at present. The Commission
therefore describes here, at the outset, three broad groups of small
entities that could be directly affected herein. First, while there are
industry specific size standards for small businesses that are used in
the regulatory flexibility analysis, according to data from the SBA's
Office of Advocacy, in general a small business is an independent
business having fewer than 500 employees. These types of small
businesses represent 99.9% of all businesses in the United States which
translates to 30.7 million businesses.
35. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2018, there were
approximately 571,709 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
36. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships,
[[Page 5447]]
villages, school districts, or special districts, with a population of
less than fifty thousand.'' U.S. Census Bureau data from the 2017
Census of Governments indicate that there were 90,075 local
governmental jurisdictions consisting of general purpose governments
and special purpose governments in the United States. Of this number
there were 36,931 general purpose governments (county, municipal and
town or township) with populations of less than 50,000 and 12,040
special purpose governments--independent school districts with
enrollment populations of less than 50,000. Accordingly, based on the
2017 U.S. Census of Governments data, the Commission estimates that at
least 48,971 entities fall into the category of ``small governmental
jurisdictions.''
37. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had employment
of 999 or fewer employees and 12 firms had employment of 1,000
employees or more. Thus under this category and the associated size
standard, the Commission estimates that the majority of wireless
telecommunications carriers (except satellite) are small entities.
38. Fixed Microwave Services. Microwave services include common
carrier, private-operational fixed, and broadcast auxiliary radio
services. They also include the Upper Microwave Flexible Use Service,
the Millimeter Wave Service, and the Local Multipoint Distribution
Service (LMDS), where licensees can choose between common carrier and
non-common carrier status. The Commission has not yet defined a small
business with respect to microwave services. The closest applicable SBA
category is Wireless Telecommunications Carriers (except Satellite) and
the appropriate size standard for this category under SBA rules is that
such a business is small if it has 1,500 or fewer employees. For this
industry, U.S. Census Bureau data for 2012 shows that there were 967
firms that operated for the entire year. Of this total, 955 had
employment of 999 or fewer, and 12 firms had employment of 1,000
employees or more. Thus under this SBA category and the associated
standard, the Commission estimates that the majority of fixed microwave
service licensees can be considered small.
39. Satellite Telecommunications. This category comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The category has a small business size standard of
$35 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 show that there were a
total of 275 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
the Commission estimates that the majority of satellite
telecommunications providers are small entities.
40. All Other Telecommunications. The ``All Other
Telecommunications'' category is comprised of establishments primarily
engaged in providing specialized telecommunications services, such as
satellite tracking, communications telemetry, and radar station
operation. This industry also includes establishments primarily engaged
in providing satellite terminal stations and associated facilities
connected with one or more terrestrial systems and capable of
transmitting telecommunications to, and receiving telecommunications
from, satellite systems. Establishments providing internet services or
voice over internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry.''
The SBA has developed a small business size standard for ``All Other
Telecommunications,'' which consists of all such firms with annual
receipts of $35 million or less. For this category, U.S. Census Bureau
data for 2012 show that there were a total of 1,442 firms that operated
for the entire year. Of these firms, a total of 1,400 firms had annual
receipts of less than $25 million and 15 firms had gross annual
receipts of $25 million to $49,999,999. Thus, the Commission estimates
that a majority of ``All Other Telecommunications'' firms potentially
affected by its actions can be considered small.
41. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has established a small business size
standard for this industry of 1,250 employees or less. U.S. Census
Bureau data for 2012 show that 841 firms operated in this industry in
that year. Of that number, 828 establishments operated with fewer than
1,000 employees, 7 establishments operated with between 1,000 and 2,499
employees and 6 establishments operated with 2,500 or more employees.
Based on this data, the Commission concludes that a majority of
manufacturers in this industry is small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
42. The proposal in the NPRM to adopt the Resolution 750 emissions
limits, emissions limits measurement methodology and emissions limits
effective date timetables will not impose any new reporting or
recordkeeping requirements. In assessing the cost of compliance for
small entities, at this time the Commission is not in a position to
determine whether, if adopted, the proposals in the NPRM will require
small entities to hire professionals to comply, and cannot quantify the
cost of compliance with any of the potential rule changes that may be
adopted. Comments in response to the Public Notice that sought to
develop a record on how the Commission should implement the emissions
limits contained in Resolution 750 for the active services in the 24
GHz band that raised concerns about increased costs if Resolution 750
emissions limits are adopted, have been taken into consideration, and
commenters have been asked to quantify these costs and specify the
impact on service in the NPRM. The Commission expects the comments the
Commission receives on its proposals to include information addressing
costs, service impacts, and other matters of concern, which should help
the Commission identify and evaluate relevant issues for small entities
including compliance costs and other burdens that may result from the
[[Page 5448]]
matters raised in the NPRM, before adopting final rules.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
43. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): (1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.
44. Having data on the costs and economic impact of the proposals
and approaches discussed in the NPRM will allow the Commission to
better evaluate options and alternatives for minimization, should there
be a significant economic impact on small entities if Resolution 750
emissions limits and effective date timetables are adopted.
Accordingly, the Commission expects to more fully consider the economic
impact on small entities following its review of comments filed in
response to the NPRM which as mentioned above in Section D includes a
request for comments on the costs and service impacts associated with
adoption of Resolution 750 emissions limits. Below the Commission
discusses actions taken and alternatives considered by the Commission
relating to the proposals in the NPRM.
45. Based on the record from the Public Notice comments, the
Commission's proposal to adopt Resolution 750 emissions limits seems to
strike the appropriate balance between protecting passive sensing
satellite operations and facilitating use of the 24 GHz band. The
Commission could have developed and proposed its own emission limits
and related requirements which may have included emissions limits that
were stricter or not as strict as the Resolution 750 emissions limits.
The Commission could have also simply maintained the existing rules. As
discussed in the NPRM however, many of the industry participants
support adoption of Resolution 750 emission limits to protect extremely
sensitive passive satellite operations, facilitate the continued
development and deployment of 5G in the U.S., promote international
harmonization, enable equipment manufacturers to provide globally
marketable equipment, and to be consistent with U.S. policy relating to
Radio Regulations. Thus, the synchronicity between the Resolution 750
emissions limits and the Commission's part 30 rules appears to be the
best course of action, although small entities that hold licenses
subject to these rules may incur increased deployment costs to comply
with the more stringent Resolution 750 emissions limits.
46. In the alternative, if the Commission were to propose and adopt
its own emissions limits, particularly if the emissions limits were
stricter than both the existing emission limits and Resolution 750
emission limits, small entities could be subjected to significantly
increased compliance costs without any of the above-mentioned benefits.
Further, if the Commission were to propose and adopt less stringent
emissions limit requirements or if the Commission simply maintained the
existing requirements, the Commission's rules may not provide the
necessary protections for passive satellite operations to operate in
the 24GHz band and might make it difficult for EESS to make
observations free from harmful interference, thereby jeopardizing the
accuracy of critical weather forecasting and climatology science data.
Instead, the Commission believes its proposal to adopt the Resolution
750 emission limits which were carefully considered and the product of
extensive industry collaboration, is the right approach and any
potential burdens are outweighed by the benefits of protecting passive
observations in the 23.6-24.0 GHz band, including improvements in
weather forecasting.
47. Finally, in addition to seeking comment on the costs and
service impacts of the Commission's proposals, the NPRM provides small
entities the opportunity to submit comments on a wide range of issues
relating to the proposed emissions limits including but not limited to
comment on alternative limits, including the effect that any changes to
existing limits would have on smaller entities, comment on the schedule
for adoption of any revised limits, including adjustments that should
be made for smaller entities to come into compliance, and comment on
other related matters that are not addressed in Resolution 750. The
Commission's evaluation of the information it receives will shape the
final alternatives it considers, the final conclusions it reaches, and
any additional steps it takes to minimize any significant economic
impact that may occur on small entities as a result of the final rules
it promulgates in this proceeding.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
48. None.
IV. Ordering Clauses
49. Accordingly, it is ordered, pursuant to sections 4(i), 301,
302, 303(r), 308, 309, and 333 of the Communications Act of 1934, 47
U.S.C. 154(i), 301, 302a, 303(r), 308, 309, 333, that this Notice of
Proposed Rulemaking is hereby adopted and is Effective upon publication
in the Federal Register. It is further ordered that the Commission's
Office of Managing Director, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects
47 CFR Part 2
Common carriers.
47 CFR Part 30
Communications common carriers.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2 and 30 as
follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Amend Sec. 2.106 by revising paragraph (a) pages 54 and 55 in the
Table of Frequency Allocations and adding paragraph (c)(146) to read as
follows:
Sec. 2.106 Table of Frequency Allocations.
(a) * * *
BILLING CODE 6712-01-P
[[Page 5449]]
[GRAPHIC] [TIFF OMITTED] TP29JA24.024
[[Page 5450]]
[GRAPHIC] [TIFF OMITTED] TP29JA24.025
[[Page 5451]]
* * * * *
(c) * * *
(146) USxxx In the bands 24.25-24.45 GHz and 24.75-27.5 GHz, the
total radiated power (TRP) of emissions from stations in the mobile
service in any 200 MHz of the band 23.6-24 GHz shall not exceed -33
dBW/200 MHz for base stations and -29 dBW/200 MHz for mobile stations,
and for stations brought into use after September 1, 2027, TRP shall
not exceed -39 dBW/200 MHz for base stations and -35 dBW/200 MHz for
mobile stations.
* * * * *
PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE
0
3. The authority citation for part 30 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307,
309, 310, 316, 332, 1302, unless otherwise noted.
0
4. Amend Sec. 30.203 by adding paragraph (d) to read as follows:
Sec. 30.203 Emission Limits.
* * * * *
(d)(1) In addition to the limits noted above, for licensees
operating mobile equipment in the 24.25-24.45 GHz or 24.75-25.25 GHz
bands, the total radiated power of emissions in any 200 MHz of the
23.6-24.0 GHz band shall not exceed -33 dBW (for base stations) or -29
dBW (for mobile stations).
(2) For mobile equipment placed in service after September 1, 2027,
the total radiated power of emissions in any 200 MHz of the 23.6-24.0
GHz band shall not exceed -39 dBW (for base stations) or -35 dBW (for
mobile stations).
[FR Doc. 2024-01681 Filed 1-26-24; 8:45 am]
BILLING CODE 6712-01-C
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</html>Indexed from Federal Register on January 29, 2024.
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