Proposed Rule2024-05391
Modernizing and Expanding Access to the 70/80/90 GHz Bands; Further Notice of Proposed Rulemaking
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Published
April 29, 2024
Effective
May 29, 2024
Abstract
In this document, the Federal Communications Commission (Commission) seeks comment on the potential inclusion of ship-to- aerostat transmissions as part of maritime operations otherwise authorized in a Report and Order, and of Fixed Satellite Service (FSS) earth stations in the third-party database registration system used for terrestrial links in certain bands.
Full Text
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[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Proposed Rules]
[Pages 33306-33311]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05391]
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FEDERAL COMMUICATIONS COMMISSION
47 CFR Parts 25 and 101
[WT Docket No. 20-133; FCC 24-16; FR ID 207951]
Modernizing and Expanding Access to the 70/80/90 GHz Bands;
Further Notice of Proposed Rulemaking
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; solicitation of comment.
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SUMMARY: In this document, the Federal Communications Commission
[[Page 33307]]
(Commission) seeks comment on the potential inclusion of ship-to-
aerostat transmissions as part of maritime operations otherwise
authorized in a Report and Order, and of Fixed Satellite Service (FSS)
earth stations in the third-party database registration system used for
terrestrial links in certain bands.
DATES: Comments are due on or before May 29, 2024; reply comments are
due on or before June 28, 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 May 29, 2024. Written
comments on the Paperwork Reduction Act proposed information collection
requirements must be submitted by the public, Office of Management and
Budget (OMB), and other interested parties on or before June 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 WT Docket No. 20-133, by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing ECFS: <a href="https://www.fcc.gov/ecfs/">https://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.
<bullet> 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#1b7d78782e2b2f5b7d7878357c746d"><span class="__cf_email__" data-cfemail="70161313454044301613135e171f06">[email protected]</span></a> or call
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice),
202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Jeffrey Tignor, Wireless
Telecommunications Bureau, Broadband Division, at
<a href="/cdn-cgi/l/email-protection#a6ecc3c0c0d4c3df88f2cfc1c8c9d4e6c0c5c588c1c9d0"><span class="__cf_email__" data-cfemail="80cae5e6e6f2e5f9aed4e9e7eeeff2c0e6e3e3aee7eff6">[email protected]</span></a> or 202-418-0774. For Paperwork Reduction Act,
contact Kathy Williams at <a href="/cdn-cgi/l/email-protection#eabab8abaa8c8989c48d859c"><span class="__cf_email__" data-cfemail="cc9c9e8d8caaafafe2aba3ba">[email protected]</span></a> or 202-418-2918.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) in WT Docket No. 20-33,
FCC 24-16; adopted on January 24, 2024 and released on January 26,
2024. The full text of this document is available at <a href="https://docs.fcc.gov/public/attachments/FCC-24-16A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-16A1.pdf</a>.
Ex Parte Rules
The proceeding shall be treated as ``permit-but-disclose'' 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 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.
Initial Regulatory Flexibility Analysis
The Commission prepared an Initial Regulatory Flexibility Analysis
(IRFA) concerning the potential impact of rule and policy changes in
the FNPRM on small entities. Written public comments are requested on
the IRFA. Comments must be filed by the deadlines for comments on the
FNPRM indicated on the first page of this document and must have a
separate and distinct heading designating them as responses to the
IRFA, see section II of this document for more detail.
Paperwork Reduction Act
This document contains new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies will be invited to comment
on the new or modified information collection requirements contained in
this proceeding. In addition, the Commission notes that pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), the Commission previously sought specific comment on
how the Commission might further reduce the information collection
burden for small business concerns with fewer than 25 employees.
Providing Accountability Through Transparency Act
The Providing Accountability Through Transparency Act requires each
agency, in providing notice of a rulemaking, to post online a brief
plain-language summary of the proposed rule. Accordingly, the
Commission will publish the required summary of this FNPRM on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
[[Page 33308]]
Synopsis
I. Further Notice of Proposed Rulemaking in WT Docket No. 20-133
1. In this FNPRM, the Commission seeks comment on two issues
regarding the 71-76 GHz (70 GHz) and 81-86 GHz (80 GHz) bands for which
the record in this proceeding was not sufficient for it to make a
determination in the Report and Order: (1) whether to permit ship-to-
aerostat transmissions as part of the maritime service otherwise
authorized in the Report and Order; and (2) whether to include FSS
earth stations in the existing third-party database registration regime
modified in the Report and Order.
2. Inclusion of Ship-to-Aerostat Transmissions in the Maritime
Service. In the Report and Order, the Commission declined to permit
ship-to-aerostat transmissions at this time.\1\ The Commission notes
that Aeronet Global Communications, Inc. (Aeronet) has expressed
concern that ship-to-aerostat links are critical to the operation of
its proposed maritime system, and claimed that the maritime broadband
services otherwise newly authorized in the Report and Order depend on
the availability of a return link. The Commission seeks comment on
whether to authorize ship-to-aerostat transmissions, including input on
the potential impact on Federal and other non-Federal operations.
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\1\ For purposes of both the Report and Order and the Further
Notice of Proposed Rulemaking, the Commission considers the term
``aerostat'' to mean an airborne transmitter operating within a
small specified area, below 1,000 feet of elevation, regardless of
method of propulsion.
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3. Inclusion of Fixed Satellite Service (FSS) in Third-Party
Database Registration System. In the Report and Order, the Commission
declined to include FSS earth stations in the third-party database
registration system because of lack of notice, and a record
insufficient to address this issue. Space Exploration Technology
Corporation (SpaceX) has advocated for the inclusion of FSS into the
existing light-licensing regime for the 70/80/90 GHz bands. To date,
few parties have addressed the feasibility of these proposals, and
those that have mentioned the issue have suggested that operational
limitations and/or further technical study would be needed. As SpaceX
contends and others support, incorporating earth station gateways in
the third-party database would enable the light-licensing approach
currently used for operations under subpart Q of part 101 to serve as a
unified portal for operations in the 70 GHz and 80 GHz bands that are
licensed under a nationwide, non-exclusive license. The Commission
recognizes that a unified database may provide efficiencies for the use
of these bands and may offer other benefits.
4. Accordingly, the Commission seeks comment on the potential
inclusion of FSS earth stations in the third-party database
registration regime in the 70 GHz and 80 GHz bands. As a general
matter, would it be feasible to include FSS in the database
registration process? Would doing so have any negative effects on
incumbent services? What changes would be necessary to the database
system to accommodate FSS registrations, and would those changes be
feasible? The Commission notes that in response to the aeronautical and
maritime rules the Commission adopts, at least one party has
articulated how ``major modifications to the databases or most likely
entirely new structures'' may be necessary, and that ``[m]aking [these]
changes . . . and developing enhanced analysis methods to cover
coordination zones . . . would have to be supported by the proponents''
of the newly included operations in the bands. See, e.g., Comsearch
Comments, WT Docket No. 20-133, at 1 (filed Nov. 8, 2023). The
Commission seeks comment on whether analogous concerns exist for the
changes that may be necessary to permit FSS into the regime, and on the
allocation of costs for such changes.
5. If the Commission does incorporate FSS earth stations into the
third-party database system under what protection criteria should they
be included? SpaceX argues that the limits set forth in the Federal
Agencies Letter, which the Commission adopts for aeronautical
operations in these bands, are inappropriate for FSS, and urges the
Commission to instead adopt the rules found in part 25 as a guide to
the appropriate operational restrictions for FSS in this context. The
part 25 rules, however, contemplate individual coordination of earth
stations, and therefore may not be a good fit for the link registration
system (LRS) administered by third-party database managers that is used
to coordinate operations in these bands. The equivalent isotropically
radiated power (EIRP) limit for earth stations in part 25 is much more
generous than the EIRP limits for fixed and aeronautical services in
these bands.\2\ For earth stations that are individually coordinated,
this higher-powered limit may be modified to suit the specific
circumstances and satisfy all potentially affected parties. For
database coordination, however, the EIRP limit must be such that
coexistence with other operators and services is possible without such
individual attention. The EIRP limits the Commission adopts for
aeronautical service are the product of significant attention, analysis
and input from a variety of parties and perspectives, including those
operators and services most likely to be affected by any harmful
interference. The Commission seeks similar comment on appropriate EIRP
limits for potential FSS earth stations in the 70 GHz and 80 GHz bands.
What limits would best enable meaningful FSS service, while adequately
protecting incumbent operations? In a similar vein, the Commission
seeks comment on the appropriate out-of-band emissions (OOBE) limits
for FSS earth stations in these bands, given the importance of
protecting adjacent band operations. The Commission also seeks comment
generally on any other operational limits or restrictions that might be
required to meaningfully enable database registration for FSS earth
stations without risking harmful interference to incumbent and adjacent
services.
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\2\ 47 CFR 5.204(b) (+ 64 dBW in any 1 megahertz band); id.
101.113 (+55 dBW). Because the part 25 limit is expressed as a power
density, while the part 101 limit is not, this is not a direct
comparison. Converting the part 25 limit to 70/80 GHz channel sizes,
which are at minimum 1.25 gigahertz, yields an equivalent EIRP of,
at minimum, +94.96 dBW toward the horizon, or 39.96 dB higher than
the part 101 limit, while for a 4.5 gigahertz channel the part 25
limit would allow an EIRP 45.53 dB higher than the part 101 limit.
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6. The Commission seeks comment on the appropriate criteria for the
protection of FSS from other services. The rules that the Commission
adopts are designed in part to protect FSS operations, both Federal and
non-Federal, from the newly established aeronautical service. However,
there are currently no rules requiring fixed links to protect FSS
operations. What criteria could be implemented for this purpose?
Current part 101 rules include an interference protection threshold for
fixed services. Is there a similar appropriate threshold for satellite
earth stations? Are there any other protection criteria that might be
necessary to ensure that other services in these bands do not cause
harmful interference to FSS operations? Consistent with the
Commission's statement when it adopted service rules for Fixed Service
(FS) use of the band, the Commission proposes to require registrations
for new FS links submitted on or after the release date of this FNPRM
to demonstrate protection of FSS earth stations with a final
authorization prior
[[Page 33309]]
to the submission date of the new FS registration.
7. Finally, the Commission seeks comment on any changes that would
be necessary to its rules or procedures to accommodate FSS in the
third-party database system as a logistical matter. Currently,
terrestrial and aeronautical operators must first obtain a nationwide
license from the Commission before registering individual sites with a
database administrator. What would be the equivalent for a satellite
operator? Should a satellite operator also be required to obtain a
nationwide license from the Commission before registering individual
sites with a database administrator? If so, what changes would be
required to the part 25 earth station licensing rules? The Commission
also seeks comment on any changes necessary for Federal to non-Federal
coordination in the FSS context. For fixed services in these bands,
this coordination is accomplished by the database administrators
querying an automated green light/yellow light system operated by
National Telecommunications and Information Administration (NTIA), with
a yellow light result leading to more individual coordination. Could
this system accommodate FSS operations as well? What changes would be
necessary to support such inclusion? The Commission seeks comment
generally on these and any other issues raised by the possibility of
including FSS earth stations in the 70/80 GHz database registration
system.
II. Intitial Regulatory Flexibility Analysis
8. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this IRFA of the possible
significant economic impact on a substantial number of small entities
by the policies proposed in the FNPRM. Written public comments are
requested on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments provided on the
first page of the FNPRM. The Commission will send a copy of the FNPRM,
including this IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA). In addition, the FNPRM and the IRFA (or
summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
9. In the FNPRM, the Commission considers and seeks comment on
whether--and if so, how--it might include FSS earth stations in the
third-party database registration regime currently used for operations
in the 70 GHz and 80 GHz bands. Included in the Commission's discussion
of potential rule changes and requests for comments in the FNPRM are
repeated requests from SpaceX, which has advocated for the inclusion of
FSS into the existing light-licensing regime for the 70/80/90 GHz
bands. The FNPRM seeks comment on issues including whether it would be
feasible to include FSS in the database regime process, and whether
doing so would have any negative effects on incumbent services. The
Commission also solicits comment on what changes to the database system
might be needed, whether such changes are feasible, how costs for any
changes should be allocated and if those costs would have a significant
economic impact on small entities either currently operating, or
seeking to operate, in those bands. Lastly, the item also asks
commenters to address what protection criteria should be adopted if FSS
earth stations are incorporated into the third-party database system,
on the appropriate criteria for the protection of FSS from other
service, and on any changes that might be necessary to the Commission's
rules or procedures as a logistical matter. In addition, in the FNPRM,
the Commission seeks comment on whether to permit ship-to-aerostat
transmissions as part of the maritime service otherwise authorized in
the Report and Order.
B. Legal Basis
10. The proposed action is authorized pursuant to sections 4, 303,
and 307 of the Communications Act of 1934, as amended, 47 U.S.C. 154,
303, and 307.
C. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
11. 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, 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 SBA.'' 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.
12. 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, 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 33.2 million businesses.
13. 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 2020, there were
approximately 447,689 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.
14. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as governments of cities, counties,
towns, townships, 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 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.''
15. 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
SBA size standard for this industry classifies a business as small if
[[Page 33310]]
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
16. Fixed Microwave Services. Fixed microwave services include
common carrier, private-operational fixed, and broadcast auxiliary
radio services. They also include the Upper Microwave Flexible Use
Service (UMFUS), Millimeter Wave Service (70/80/90 GHz), Local
Multipoint Distribution Service (LMDS), the Digital Electronic Message
Service (DEMS), 24 GHz Service, Multiple Address Systems (MAS), and
Multichannel Video Distribution and Data Service (MVDDS), where in some
bands licensees can choose between common carrier and non-common
carrier status. Wireless Telecommunications Carriers (except Satellite)
is the closest industry with a SBA small business size standard
applicable to these services. The SBA small size standard for this
industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus under the
SBA size standard, the Commission estimates that a majority of fixed
microwave service licensees can be considered small.
17. The Commission's small business size standards with respect to
fixed microwave services involve eligibility for bidding credits and
installment payments in the auction of licenses for the various
frequency bands included in fixed microwave services. When bidding
credits are adopted for the auction of licenses in fixed microwave
services frequency bands, such credits may be available to several
types of small businesses based average gross revenues (small, very
small and entrepreneur) pursuant to the competitive bidding rules
adopted in conjunction with the requirements for the auction and/or as
identified in part 101 of the Commission's rules for the specific fixed
microwave services frequency bands.
18. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
19. Satellite Telecommunications. This industry 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 SBA small business size standard for this
industry classifies a business with $38.5 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 65 providers that reported they were
engaged in the provision of satellite telecommunications services. Of
these providers, the Commission estimates that approximately 42
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, a little more than half of these
providers can be considered small entities.
20. All Other Telecommunications. This industry 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. Providers of
internet services (e.g., dial-up ISPs) or Voice over Internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $35 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
21. 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 small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire ear. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
22. The proposals contemplated in the FNPRM may impose new or
additional reporting, recordkeeping, and/or other compliance
obligations on small entities, as well as on other licensees and
applicants if adopted. In particular, there may be new recordkeeping or
compliance obligations created if changes are made to the Commission's
part 101 technical and/or operational rules in order to accommodate the
potential inclusion of FSS earth stations in the third-party database
registration regime in the 70 GHz and 80 GHz bands or in order to
permit ship-to-aerostat transmissions as part of the maritime service
otherwise authorized in the Report and Order.
23. At this time, Commission is not currently in a position to
determine whether, if adopted, the proposed rules and associated
requirements raised in
[[Page 33311]]
the FNPRM would require small entities to hire attorneys, engineers,
consultants, or other professionals and cannot quantify the cost of
compliance with the potential rule changes and compliance obligations
raised herein. In the Commission's discussion of these proposals in the
FNPRM, the Commission have sought comments from the parties in the
proceeding, and requested costs and benefits analyses, which may help
the Commission identify and evaluate relevant matters for small
entities, including any compliance costs and burdens that may result
from any matters discussed in the FNPRM, or from any proposed rules in
the proceeding, should they be adopted.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
24. 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.
25. In the FNPRM, the Commission has sought to minimize the
economic impact on small entities, as well as considered significant
alternatives and weigh their potential impact to those entities. For
example, in response to Space X's advocacy for including FSS into the
existing light-licensing regime for the 70/80/90 GHz bands, the
Commission considered whether it was feasible to alter the third-party
database registration regime to include FSS earth stations as well as
what compliance obligations could be adopted to minimize the economic
impact to small entities. In addition, in response to Aeronet's
advocacy for permitting ship-to-aerostat transmissions in the maritime
service otherwise authorized in the Report and Order, the Commission
considered whether it was feasible to authorize such links as well as
what compliance obligations could be adopted to minimize the economic
impact on small entities. In order to provide proper notice for
potential commenters and to allow for a technical record that will
better assist the Commission in adopting rules that will minimize
burdens to small and other entities as much as possible, the Commission
seek comment on FSS-specific issues and issues related to ship-to-
aerostat links.
26. Additionally, the Commission considered what types of changes
to the database system would be needed for FSS registrations and if any
changes, if adopted, would cause major modifications to the databases,
or alternatively, if entirely new database structures would be
required. The Commission seek comment from small entities as to what
economic or compliance-related challenges they would encounter as a
result of adopting such changes. The Commission also considered what
protection criteria should be included as part of incorporating FSS
earth stations into the third-party database system. For example, the
Commission could adopt, as SpaceX prefers, the rules found in part 25
as a framework for appropriate FSS operational restrictions, as opposed
to using the limits set forth in the Federal Agencies Letter, which was
adopted by the Commission for aeronautical operations in these bands.
The Commission seek comment on any other operational limits or
restrictions that might be required to meaningfully enable database
registration for FSS earth stations without risking harmful
interference to incumbent and adjacent services. Lastly, the Commission
also considered what types of changes to its rules or procedures
intended to accommodate FSS in the third-party database system would be
necessary, what licensing requirements for satellite operators would be
required and what changes would be needed for Federal to non-Federal
coordination in the FSS context.
27. To assist with the Commission's evaluation of the significant
economic impact on small entities, and to better evaluate options and
alternatives should the proposals in the FNPRM be adopted, the
Commission has sought comment from the parties. The proposals in this
proceeding to accommodate the potential inclusion of FSS earth stations
in the third-party database registration regime in the 70 GHz and 80
GHz bands are predicated on requests from SpaceX for the same. The
proposals in this proceeding to include ship-to-aerostat transmissions
as part of the maritime service otherwise authorized in the Report and
Order are predicated on requests from Aeronet for the same. In light of
these requests, the FNPRM seeks comment on how to weigh the inherent
public interest considerations involved. The Commission expects to more
fully consider the economic impact and alternatives for small entities
following the review of comments and costs and benefits analyses filed
in response to the FNPRM. The Commission's evaluation of this
information will shape the final alternatives it considers, the final
conclusions in reaches, and any final actions it ultimately takes in
this proceeding to minimize any significant economic impact that may
occur on small entities.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
28. None.
III. Ordering Clauses
29. It is ordered that, pursuant to sections 4, 303, and 307 of the
Communications Act of 1934, as amended, 47 U.S.C 154, 303, 307, the
Further Notice of Proposed Rulemaking is adopted as set forth above.
30. It is further ordered that the Commission's Office of the
Secretary, shall send a copy of the Further Notice of Proposed
Rulemaking, including the Initial Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-05391 Filed 4-26-24; 8:45 am]
BILLING CODE 6712-01-P
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