Rule2024-06158
Facilitating Shared Use in the 3100-3550 MHz Band
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 25, 2024
Effective
March 25, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireless Telecommunication Bureau and the Office of Engineering and Technology (WTB/OET) make a non- substantive, editorial revision to the Table of Frequency Allocations in the Commission's Rules (Table 22), which identifies coordinates for Department of Defense Cooperative Planning Areas (CPAs) and Periodic Use Areas (PUAs), deleting as redundant, the Norfolk, Virginia Cooperative Planning Area (Norfolk CPA) from the list of CPAs and PUA's in Table 22.
Full Text
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<title>Federal Register, Volume 89 Issue 58 (Monday, March 25, 2024)</title>
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[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Rules and Regulations]
[Pages 20548-20550]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06158]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[WT Docket No. 19-348; DA 24-233; FRS 209028]
Facilitating Shared Use in the 3100-3550 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Wireless Telecommunication Bureau and
the Office of Engineering and Technology (WTB/OET) make a non-
substantive, editorial revision to the Table of Frequency Allocations
in the Commission's Rules (Table 22), which identifies coordinates for
Department of Defense Cooperative Planning Areas (CPAs) and Periodic
Use Areas (PUAs), deleting as redundant, the Norfolk, Virginia
Cooperative Planning Area (Norfolk CPA) from the list of CPAs and PUA's
in Table 22.
DATES: Effective March 25, 2024.
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Thomas Reed, Wireless
Telecommunications Bureau, Mobility Division, (202) 418-0531 or
<a href="/cdn-cgi/l/email-protection#287c404745495b065a4d4d4c684e4b4b064f475e"><span class="__cf_email__" data-cfemail="97c3fff8faf6e4b9e5f2f2f3d7f1f4f4b9f0f8e1">[email protected]</span></a>. For information regarding the PRA information
collection requirements, contact Cathy Williams, Office of Managing
Director, at 202-418-2918 or <a href="/cdn-cgi/l/email-protection#f99a988d9180d78e9095959098948ab99f9a9ad79e968f"><span class="__cf_email__" data-cfemail="aecdcfdac6d780d9c7c2c2c7cfc3ddeec8cdcd80c9c1d8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Wireless
Telecommunications Bureau and the Office of Engineering and
Technology's Order in WT Docket No. 19-348, DA 24-233, adopted and
released March 11, 2024. The full text of the Order, including all
Appendices, is available for public inspection at the following
internet address: <a href="https://docs.fcc.gov/public/attachments/DA-24-233A1.pdf">https://docs.fcc.gov/public/attachments/DA-24-233A1.pdf</a>. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to <a href="/cdn-cgi/l/email-protection#e0a6a3a3d5d0d4a0868383ce878f96"><span class="__cf_email__" data-cfemail="d89e9b9bede8ec98bebbbbf6bfb7ae">[email protected]</span></a> or calling the Consumer and
Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432
(TTY).
Synopsis
Introduction
In this Order, WTB/OET make a non-substantive, editorial revision
to Sec. 2.106(c)(431), Table 22. Consistent with the recommendation of
the Department of Defense (DoD), WTB/OET revise Sec. 2.106(c)(431),
Table 22, of the Commission's rules to delete the Norfolk CPA from the
list of CPAs and PUAs in Table 22 as redundant because the Norfolk CPA
is entirely encompassed within the larger Newport News, Virginia CPA/
PUA. As part of this change, and consistent with DoD's request, WTB/OET
also rename the Newport News CPA/PUA as the ``Newport News-Norfolk CPA/
PUA.''
Background
Historically, the 3.45 GHz band (3450-3550 MHz) was a predominantly
Federal band, with limited non-Federal use, and DoD in particular
operated a number of defense radar systems in the band. In 2020, the
Commission adopted the 3.45 GHz R&O and FNPRM, in which it removed
secondary, non-Federal allocations from the band and sought comment on
restructuring the band to permit coordinated Federal and non-Federal
use. In 2021, the Commission adopted the 3.45 GHz Second R&O, which
created a new 3.45 GHz Service, including a cooperative sharing regime.
Under this sharing regime, non-Federal systems have unencumbered, full-
power use of the entire band across the contiguous United States except
for limited locations and circumstances--in effect, within CPAs and
PUAs, where current incumbent Federal systems remain in the band and
non-Federal systems are not entitled to protection from Federal
operations.
Commercial operations are not precluded in CPAs and PUAs, but prior
coordination between Federal incumbents and commercial operations is
required. Consistent with DoD's recommendation, the Commission defined
CPAs as ``geographic locations in which non-Federal operations shall
coordinate with Federal systems in the band to deploy non-Federal
operations in a manner that shall not cause harmful interference to
Federal systems operating in the band.'' In CPAs, operators of non-
Federal stations may be required to modify their operations to protect
Federal operations against harmful interference and may not claim
interference protection from Federal systems. For each CPA, the
Commission
[[Page 20549]]
provided either a point and radius or a series of geographic
coordinates (creating a polygon) to define the boundary of the area,
which allows non-Federal operators to determine precisely which areas
require coordination with DoD. DoD also identified several PUAs, which,
consistent with DoD's recommendation, the Commission defined as
``geographic locations in which non-Federal operations in the band
shall not cause harmful interference to Federal systems operating in
the band for episodic periods.'' To enable non-Federal licensees to
determine the areas that require coordination with DoD, the center
locations and dimensions for all CPA and PUA coordination areas are
defined in Sec. 2.106(c)(431) of the Commission's rules.
In the 3.45 GHz Band Second R&O, the Commission expressly delegated
authority to WTB and OET to reduce the size of CPAs and PUAs. The
Commission provided that ``in the event that the DoD modifies its use
in any existing Cooperative Planning or Periodic Use Area so as to
decrease the size of such area, we delegate authority to [WTB/OET], in
coordination with NTIA, to reflect such smaller areas in our rules.''
In addition to this specific delegation, the Commission broadly
delegated additional authority to WTB and OET to create additional CPAs
and PUAs as necessary to facilitate commercial network expansion into
areas outside the contiguous United States when NTIA provides notice
that non-Federal operations can occur, to consider applications and
assign licenses for partial economic areas associated with such CPAs/
PUAs, and to conduct a rulemaking if it became necessary to authorize
non-Federal operations to these new license areas on the basis of rules
that differ from the rules adopted in the 3.45 GHz Band Second R&O. In
addition, OET has delegated authority to make non-substantive,
editorial revisions to Part 2 of the Commission's rules.
In a Memorandum to the National Telecommunications and Information
Administration (NTIA), DoD requests the deletion of the Norfolk CPA
from the list of CPAs and PUAs in Sec. 2.106(c)(431), Table 22 of the
Commission's rules. DoD maintains that the Norfolk CPA is redundant
because the Norfolk CPA is entirely encompassed within the larger
Newport News, VA CPA/PUA. As part of this change, DoD also asks that
the Newport News CPA/PUA be renamed the ``Newport News-Norfolk CPA/
PUA.''
Discussion
Pursuant to the delegation of authority by the Commission in the
3.45 GHz Band Second R&O, as well as OET's authority to make non-
substantive revisions to the Part 2 rules, WTB/OET revise the Part 2
rules to delete the redundant Norfolk CPA as requested by DoD and
rename the Newport News CPA/PUA as the ``Newport News-Norfolk CPA/
PUA.'' For the reasons discussed below, we find that this modification
falls within the ``good cause'' exception to the notice and comment
requirements of the Administrative Procedure Act.
As a practical matter--and as DoD points out--the Norfolk CPA is
entirely subsumed in the larger Newport News CPA/PUA, and any non-
Federal operations in the former CPA would be required to follow the
same coordination procedures after such a change as those required
pursuant to the current rule. The larger area also includes the same
responsibility for PUA coordination, which currently applies to the
entire region, so no protections or coordination requirements will be
lost or changed as a result of this rule modification. The only change
resulting from this rule modification is that Federal and non-Federal
operators will no longer have to conduct a duplicative coordination
process but will instead be able to follow a single coordination
procedure for the entire, encompassing area. Thus, while the Newport
News CPA/PUA will not decrease in size, the elimination of the Norfolk
CPA will have the effect of eliminating a duplicative coordination
burden for both Federal and non-Federal operations, and as such, falls
within the authority delegated to WTB/OET.
As discussed above, the change proposed by DoD, and conveyed
through NTIA, merely deletes a redundant component of the rule, would
not alter the compliance obligations of any party, and seeking notice
and comment on this technical correction would be a waste of Commission
resources. ``The larger Newport News CPA/PUA commands the requisite
coordination to protect DoD missions operating within the band, to
include episodic DoD operations[,]'' rendering the Norfolk CPA
redundant and unnecessary. Accordingly, without notice and comment,
WTB/OET delete the Norfolk CPA from Sec. 2.106(c)(431), Table 22, and
rename the Newport News CPA/PUA, the ``Newport News-Norfolk CPA/PUA.''
Procedural Matters
Regulatory Flexibility Act. Because this rule change is being
adopted without notice and comment, the Regulatory Flexibility Act does
not apply.
Paperwork Reduction Act. This document does not contain new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA). In addition, therefore, it does not
contain any new or modified information collection burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Business Paperwork Relief Act of 2002.
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The Office
of the Managing Director will send a copy of this Order to Congress and
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
It is ordered, pursuant to sections 1, 4(i), and 303 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303,
that this Order is adopted.
It is further ordered that part 2 of the Commission's rules is
amended as set forth in the Appendix, effective immediately upon
publication in the Federal Register.
It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of this Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
These actions are taken under delegated authority pursuant to
sections 0.31, 0.131, 0.241, and 0.331 of the Commission's rules, 47
CFR 0.31, 0.131, 0.241, and 0.331, and the 3.45 GHz Band Second R&O.
Federal Communications Commission.
Amy Brett,
Chief of Staff, Wireless Telecommunications Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 2 as follows:
[[Page 20550]]
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. In Sec. 2.106, revise Table 22 by removing the Norfolk CPA and
renaming as the ``Newport News-Norfolk CPA/PUA.'' The revision reads as
follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
(c) * * *
(431) * * *
Table 22 to Paragraph (c)(431)--Department of Defense Cooperative Planning Areas and Periodic Use Areas
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Radius
Location name State CPA PUA Latitude Longitude (km)
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* * * * * * *
Newport News-Norfolk* VA.......... Yes......... Yes......... 36[deg]58'24'' 76[deg]26'07'' 93
(includes Fort Story SESEF
range).
* * * * * * *
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[FR Doc. 2024-06158 Filed 3-22-24; 8:45 am]
BILLING CODE 6712-01-P
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