Proposed Rule2024-06668
Single Network Future: Supplemental Coverage From Space; Space Innovation
Primary source
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Published
April 30, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) seeks comment on ways in which it can improve 911 service for supplemental coverage from space (SCS) connections. Specifically, the Commission seeks comment on how it can propel the industry toward a truly ubiquitous automatic location-based routing of all 911 calls to accelerate connections between first responders and those who need help, regardless of their location. Next, in recognition of the importance of safeguarding radio astronomy, the Commission seeks further comment on ways to improve the coordination process between Federal and non-Federal stakeholders in the SCS context and on whether additional rule changes or policies are necessary to avoid harmful interference to radio astronomy and related services beyond the SCS licensing process the Commission adopts today.
Full Text
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<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
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[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Proposed Rules]
[Pages 34180-34188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06668]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 9, and 25
[GN Docket No. 23-65, IB Docket No. 22-271; FCC 24-28; FR ID 210325]
Single Network Future: Supplemental Coverage From Space; Space
Innovation
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on ways in which it can improve 911 service
for supplemental coverage from space (SCS) connections. Specifically,
the Commission seeks comment on how it can propel the industry toward a
truly ubiquitous automatic location-based routing of all 911 calls to
accelerate connections between first responders and those who need
help, regardless of their location. Next, in recognition of the
importance of safeguarding radio astronomy, the Commission seeks
further comment on ways to improve the coordination process between
Federal and non-Federal stakeholders in the SCS context and on whether
additional rule changes or policies are necessary to avoid harmful
interference to radio astronomy and related services beyond the SCS
licensing process the Commission adopts today.
DATES: Interested parties may file comments on or before May 30, 2024;
and reply comments on or before July 1, 2024.
ADDRESSES: You may submit comments, identified by GN Docket No. 23-65
and IB Docket No. 22-271, by any of the following methods:
[[Page 34181]]
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.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 FNPRM, 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, DA 20-304 (March 19, 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, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#1b7d78782e2b2f5b7d7878357c746d"><span class="__cf_email__" data-cfemail="e2848181d7d2d6a2848181cc858d94">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Jon Markman of the Mobility Division, Wireless
Telecommunications Bureau, at <a href="/cdn-cgi/l/email-protection#dc96b3b2bda8b4bdb2f291bdaeb7b1bdb29cbabfbff2bbb3aa"><span class="__cf_email__" data-cfemail="91dbfefff0e5f9f0ffbfdcf0e3fafcf0ffd1f7f2f2bff6fee7">[email protected]</span></a> or (202) 418-
7090, or Merissa Velez of the Space Bureau Satellite Programs and
Policy Division, at <a href="/cdn-cgi/l/email-protection#b9f4dccbd0cacad897efdcd5dcc3f9dfdada97ded6cf"><span class="__cf_email__" data-cfemail="db96bea9b2a8a8baf58dbeb7bea19bbdb8b8f5bcb4ad">[email protected]</span></a> or (202) 418-0751.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
further notice of proposed rulemaking (FNPRM) in GN Docket No. 23-65
and IB Docket No. 22-271; FCC 24-28, adopted and released on March 14,
2024. The full text of this document is available for public inspection
online at <a href="https://docs.fcc.gov/public/attachments/FCC-24-28A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-28A1.pdf</a>.
Synopsis
1. Improving Public Safety Communications Over SCS. In the further
notice of proposed rulemaking (FNPRM), the Commission seeks comment on
how and whether it should modify requirements for routing SCS 911 voice
calls and 911 text messages, including whether we should require the
use of location-based routing to route 911 SCS voice calls directly to
an appropriate Public Safety Answering Point (PSAP), if technically
feasible. In light of the Commission's existing requirement that
Commercial Mobile Radio Service (CMRS) providers deploy and use
location-based routing for wireless 911 voice calls and real-time text
(RTT) communications to 911 when available location information meets
certain requirements for accuracy and timeliness, it also seeks comment
on how such a requirement would impact the availability of location-
based routing for terrestrial wireless providers that use SCS to extend
their coverage areas.
2. In the Report and Order, published elsewhere in this issue of
the Federal Register, the Commission establishes on an interim basis
that terrestrial providers must route all SCS 911 voice calls to a PSAP
using either location-based routing or an emergency call center. In
light of the ongoing deployment and continued innovation of SCS, the
Commission seeks any new and updated information regarding
technological or other developments in routing SCS 911 voice calls
since the last round of filings. The Commission also asks whether there
are any improvements to the 911 rules that apply to such terrestrial
providers when using SCS to extend their coverage. Further, in
recognizing that the technology likely used to identify the precise
location of the device may be different when a terrestrial provider
uses SCS to extend its coverage, as opposed to when it is using only
terrestrial networks, it seeks comment on any such technological
differences.
3. Furthermore, it seeks comment on whether there are other
threshold requirements that the Commission should consider when
requiring location-based routing, beyond accuracy and timeliness of
available location information. Specifically, it seeks comment on the
availability, reliability, and accuracy of the location information
that terrestrial providers currently have access to when using
location-based routing for SCS 911 voice calls. In addition, it seeks
comment on how the Commission should address any potential
inconsistencies between the 911 call routing requirements of
terrestrial providers and satellite operators as SCS evolves.
4. Next, in the context of how SCS can function as an extension of
a terrestrial network, the Commission noted that a satellite can be
considered as a bi-directional ``bent pipe,'' receiving and forwarding
signaling and user payload to and from a user's device to a terrestrial
network (e.g., 5G base station (gNB), 5G core network (5GC), and other
terrestrial network elements). A satellite can also play a more active
role in the network, connecting directly to the 5GC on the ground. In
other words, the gNB and 5GC can belong to and be operated by either
the terrestrial provider or the satellite operator. Regardless of
deployment model, the SCS satellite should be able to send and receive
the 5G signaling information needed for placing an emergency call
between the user equipment (UE) and 5G network along with the caller
location information needed for call routing and dispatch. Given that
911 calls and texts would typically be placed outdoors with the user
device having view of the Global Positioning System (GPS) satellites in
the sky, and given that user devices typically have GPS receivers, user
devices should be able to determine their location, and for Assisted
GPS (A-GPS), SCS should be able to provide the needed assistance
information. The Commission seeks comment on this tentative analysis
and asked whether there are any existing or new standards that should
apply.
5. The Commission in the FNPRM also seeks comment on establishing
rules around interconnectivity between terrestrial providers and
satellite operators in the context of SCS 911 connections.
Specifically, it seeks comment on the standards currently in place
related to this topic, and whether any future standards work is
anticipated, or required, to enable disparate networks and systems to
interconnect for the purpose of enabling SCS 911 connectivity. It also
seeks information on satellite data capacities, satellite link budget,
and optimization schemes for the initial SCS deployments and the impact
on device-to-satellite connectivity as they relate to SCS 911
connectivity and functionality, including time for obtaining a location
fix for automatic location-based routing of 911 calls. Regarding
privacy and security, the Commission asks whether there should be an
explicit requirement for satellite operators to protect customer
proprietary network information of terrestrial provider subscribers
when customers make 911 calls and texts, and disclose security
breaches.
6. Given that typically a 911 caller would abandon the 911 call if
it is not connected within a certain time period, the Commission asks
how long should
[[Page 34182]]
the network selection take before a 911 call is eventually attempted
via SCS. Also, given the possibility that a 911 caller may be mobile
and moving in and out of terrestrial network and SCS coverage, the
Commission seeks comment on how the handoff between these networks
should be handled to guarantee seamless call continuity and successful
callback. In addition, the Commission understands that SCS is to be
supplemental to terrestrial networks, including traditional terrestrial
call paths, such as roaming, and additional technologies, such as Wi-
Fi. However, in order to ensure that 911 calls utilize the best
available path for delivery of both the message and location
information, it seeks comment on how terrestrial providers intend to
select the order in which networks are selected.
7. Since the delivery of SCS 911 voice calls includes the
possibility of using third party emergency call centers, to promote
awareness and transparency, the Commission asks whether we should
mandate that terrestrial providers conduct outreach to PSAPs, and, if
so, what would such a mandate look like. In addition, it seeks comment
on what the planned outreach to the PSAP community entails. For 911
calls that are delivered directly to PSAPs, rather than via an
emergency call center, it seeks comment on how terrestrial providers
envision delivering those calls with regard to current classes of
service. Specifically, it asks how location will be represented to the
PSAP, e.g., geodetic information, will there be confidence and
uncertainty factors for that location, and are terrestrial providers
considering a new class of service for SCS, and, if so, are terrestrial
providers working with the public safety community presently.
8. Radio Astronomy Considerations. In the Report and Order, the
Commission examined the record regarding whether existing rules
addressing the protection of radio astronomy and space science services
would be sufficient in the SCS context. Rather than adopt new SCS rules
with respect to the protection of radio astronomy and space sciences,
the Commission determined that it is in the public interest to address
these concerns based on the facts of specific proposals. The Commission
encourages SCS applicants to work with appropriate Federal agencies in
advance, including conducting analyses of potential impacts to radio
astronomy systems, and we direct applicants to contact the National
Science Foundation (NSF) for more information to facilitate this
coordination. The Commission expects that such advance engagement will
facilitate the Commission's review of SCS applications.
9. While the Commission finds in the Report and Order that--at this
stage--new rules to ensure protection of radio astronomy and space
sciences are not required, the Commission recognizes the importance of
ensuring effective and efficient coordination among Federal and non-
Federal stakeholders related to SCS applications. In this FNPRM, the
Commission seeks comment on whether there are additional ways to
encourage and improve coordination among Federal and non-Federal
stakeholders with respect to the coexistence of radio astronomy and SCS
and whether we should make any changes to our rules to facilitate this
coordination.
10. Of particular importance on this question, on February 16,
2024, National Telecommunications and Information Administration (NTIA)
filed a white paper prepared by NSF in this proceeding in which NSF
describes the potential impacts from SCS on current and planned radio
astronomy and other space science operations, particularly from
satellite downlinks--SCS transmissions in the space-to-Earth
direction--and suggests potential mitigations. In the white paper, NSF
states that, in addition to the National Radio Quite Zone (NRQZ),
additional sites have been chosen for radio astronomy facilities, and
that such ``facilities primarily employ remote locations, rather than
allocated spectrum, to enable access to the relevant spectrum . . . .''
The white paper describes several locations of existing and planned
radio astronomy observatories which NSF identifies as having potential
to be impacted by SCS operations in bands identified for consideration
for SCS in the Notice and describes technical details about the
receivers at each facility. The white paper also identifies concerns
related to impacts from SCS operations on radio astronomy, and
potential recommendations to address those concerns.
11. While the Commission anticipates that the part 25 licensing
process will provide an opportunity for the Commission to address
concerns related to protecting radio astronomy in the context of
specific SCS applications, it also plans to continue to evaluate our
procedures as SCS--and the technology enabling it--evolves. To that
end, the Commission seeks comment on whether the unique nature of SCS
may warrant additional consideration, including rule changes, related
to the protection of radio astronomy. The Commission asks that
commenters provide as much specificity as possible. For example, should
we consider rule changes to part 1, part 25, or another rule part that
would require coordination of SCS applications? Section 1.924 of the
Commission's rules--along with the NTIA Manual of Regulations and
Procedures for Federal Radio Frequency Management--set forth procedures
regarding coordination of certain applications within identified Quite
Zones, including the NRQZ, the Arecibo Observatory, and other sites.
The Commission asks commenters whether it would be appropriate to
consider changes to Sec. 1.924, to require a coordination process with
regard to SCS applications. The Commission seeks comment only on
whether to consider changes to Sec. 1.924 related to SCS applications,
and note that rule changes regarding other radio services are not a
part of the SCS implementations which are the focus of this proceeding.
If the Commission were to consider rule changes specific to SCS, should
coordination requirements apply only to SCS transmissions into the
NRQZ, or also to SCS transmissions into other locations with sensitive
scientific facilities and, if we should include other facilities, which
should be included? For example, we note that in its white paper, NSF
identified several locations of existing and planned radio astronomy
observatories and the details of the receiver bands at each facility.
Should any changes to our rules be band-specific or should they apply
to all SCS operations? In lieu of or in addition to adopting new rules,
are there other incentives the Commission could implement to encourage
coordination and coexistence of radio astronomy operations and SCS?
12. The Commission notes that, while we are not adopting
requirements for SCS applicants to coordinate with potentially-affected
Federal users at this time, some stakeholders have already engaged in
coordination efforts related to SCS applications and radio astronomy.
For example, in a filing opposing SpaceX's application to modify its
authorization for its Gen2 NGSO satellite system to add SCS, the
National Radio Astronomy Observatory (NRAO) nonetheless notes ``with
appreciation SpaceX's continuing cooperation in coordination and field-
testing their Ku-band [fixed-satellite service] operations.'' SpaceX
also points out that it has been working closely with NRAO to
coordinate and ``looks forward to continuing its precedent-setting
coordination discussions with NRAO that are finding ways to allow
consumers to benefit from this new service, while coexisting with radio
[[Page 34183]]
astronomy.'' To this end, the Commission notes that in its transmittal
accompanying the NSF white paper, NTIA states that the white paper
``highlights the value of early coordination efforts between potential
applicants for such [SCS] authority and affected Federal spectrum
users, ideally prior to applicants finalizing their system designs.''
The Commission seeks comment on whether such early coordination efforts
by stakeholders are and can be successful to enable the coexistence of
SCS and radio astronomy, and if so, under what circumstances. How can
such early coordination efforts facilitate review and consideration of
part 25 SCS license applications by Federal agencies? Would submission
of other technical information by SCS applicants regarding the
protection of radio astronomy operations--in addition to Monte Carlo
analyses--be helpful in these coordination efforts?
Procedural Matters
Paperwork Reduction Act
13. The FNPRM may contain new or modified information collection(s)
subject to the Paperwork Reduction Act of 1995. If the Commission
adopts any new or modified information collection requirements, they
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 are invited to comment on the new or modified
information collection requirements contained in this proceeding. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
the Commission seeks specific comment on how we might ``further reduce
the information collection burden for small business concerns with
fewer than 25 employees.''
Regulatory Flexibility Act
14. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that an agency prepare a regulatory flexibility analysis for
notice and comment rulemakings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Accordingly, the Commission has
prepared an Initial Regulatory Flexibility Analysis (IRFA) concerning
potential rule and policy changes contained in the FNPRM. The IRFA is
contained in appendix D of the FNPRM.
Initial Regulatory Flexibility Analysis
15. As required by the Regulatory Flexibility Act (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 the
FNPRM. The Commission requests written public comments on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines 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 IRFA (or summaries thereof) will be
published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
16. Building on the interim 911 call and text routing requirements
established in the Report and Order, the FNPRM will help the Commission
move toward its objective of enabling automatic location-based routing
of all emergency communications regardless of whether or not there is a
terrestrial connection available. As discussed in the Report and Order,
the Commission takes a major step towards facilitating ubiquitous
connectivity, by adopting rules that enable partnerships between
terrestrial network operators and satellite operators, who will then
utilize terrestrial spectrum to fill coverage gaps, thereby enabling
communications with existing and future wireless devices without the
need for hardware changes. This regulatory framework serves as a first
step, focusing on particular supplemental coverage from space (SCS)
implementations which present less complex legal and technical
challenges in order to foster the rapid deployment and development of
these exciting networks. Given the primary importance of emergency
communications over SCS networks in the short term, the Commission
seeks to further develop the record in the FNPRM on improving 911
service for SCS connections. The Commission seeks comment on a number
of ways in which it can propel industry stakeholders towards achieving
truly ubiquitous automatic location-based routing of all 911 calls to
accelerate connection between first responders and those who need help,
regardless of their location.
17. Further, the Commission seeks input from interested parties as
to how and whether it should modify requirements for routing SCS 911
voice calls and 911 text messages, including whether it should require
the use of location-based routing to route 911 SCS voice calls directly
to an appropriate Public Safety Answering Point (PSAP), if technically
feasible. The Commission also seeks to expand upon a number of
technical issues relating to extending E911 rules to SCS that it sought
comment on in the initial NPRM, 88 FR 21944 (April 12, 2023), from this
proceeding. Additionally, in light of the Commission's existing
requirement that Commercial Mobile Radio Service (CMRS) providers
deploy and use location-based routing for wireless 911 voice calls and
real-time text communications to 911 when available location
information meets certain requirements for accuracy and timeliness, the
Commission also seeks updated responses to the questions raised in the
initial NPRM due to new requirements for CMRS providers to deploy and
use location-based routing in certain situations.
18. Through its adopted rules in the Report and Order, the
Commission establishes on an interim basis that terrestrial providers
must route all SCS 911 calls to a PSAP using either location-based
routing or an emergency call center. This approach will balance the
need for SCS 911 voice calls and text messages to be routed to the
appropriate PSAP with the need for terrestrial providers to have
flexibility in their implementation of SCS. Because of the ongoing
deployment and continued innovation of SCS, the FNPRM requests any new
and updated information regarding technological or other developments
in routing SCS 911 voice calls since the last rounds of filing. In
addition, the Commission seeks comment on improvements to the 911 rules
that apply to such terrestrial providers when using SCS to extend their
coverage.
19. In the FNPRM, the Commission also addresses direct-to-satellite
connectivity, and acknowledges that a satellite can play a more active
role in the network, by connecting directly to the 5G core network.
Because 911 calls and texts would typically be placed outdoors with the
user device having view of the Global Positioning System (GPS)
satellites in the sky and because user devices typically have GPS
receivers, user devices should be able to determine their location, and
for Assisted GPS, SCS should be able to provide the needed assistance
information. In the FNPRM, the Commission seeks comment on this
tentative analysis. The Commission also seeks comment on establishing
rules regarding interconnectivity between terrestrial providers and
satellite operators as well as information on satellite data
capacities, and satellite link budget, and optimization schemes
[[Page 34184]]
for the initial SCS deployments and their impact on device-to-satellite
connectivity, including time for obtaining a location fix for automatic
location-based routing of 911 calls. The Commission also seeks comment
on questions related to network selection and roaming in the FNPRM,
focusing on a situation where a 911 caller would discontinue the 911
call if it is not connected within a certain time period. Finally, in
the initial NPRM, the Commission asked whether terrestrial partners
engaged in or planned any outreach or coordination with public safety
entities in advance of implementation. Because the delivery of SCS 911
voice calls includes the possibility of using third party emergency
call centers, to promote awareness and transparency, the Commission
requests comment via the FNPRM regarding issues concerning PSAP
outreach.
20. Finally, in recognition of the concerns raised by the National
Telecommunications and Information Association (NTIA) and the National
Science Foundation (NSF) related to potential impacts from SCS on radio
astronomy the Commission seeks further comment on the coordination
process between Federal and non-Federal stakeholders in the SCS context
and on whether additional rule changes or policies are necessary to
avoid harmful interference to radio astronomy beyond the part 25 SCS
licensing process adopted in the Report and Order.
B. Legal Basis
21. The proposed action is authorized pursuant to sections 1, 4(i),
157, 301, 303, 307, 308, 309, and 310 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), 301, 303, 307, 308, 309, and
310.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
22. 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 Small Business
Act. A ``small business concern'' is one that: (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.
23. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe 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 Small Business
Administration's (SBA) 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.
24. 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.
25. 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 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, we estimate that at
least 48,971 entities fall into the category of ``small governmental
jurisdictions.''
26. 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.
27. 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
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.
28. 600 MHz Band. These wireless communications services are
radiocommunication services licensed in the 617-652 MHz and 663-698 MHz
frequency bands that can be used for fixed and mobile flexible uses.
600 MHz Band services fall within the scope of the Wireless
Telecommunications Carriers (except Satellite) industry where the SBA
small business size
[[Page 34185]]
standard 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
licensees in this industry can be considered small.
29. Based on Commission data as of November 2021, there were
approximately 3,327 active licenses in the 600 MHz Band service. The
Commission's small business size standards with respect to 600 MHz Band
services involve eligibility for bidding credits and installment
payments in the auction of licenses for these services. For purposes of
bidding credits, the Commission defined ``small business'' as an entity
with average gross revenues not exceeding $55 million for each of the
three preceding years, and a ``very small business'' as an entity with
average gross revenues not exceeding $20 million for each of the three
preceding years for the 600 MHz band auction. Pursuant to these
definitions, 15 bidders claiming small business status won 290
licenses.
30. 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 we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
31. Lower 700 MHz Band Licenses. The lower 700 MHz band encompasses
spectrum in the 698-746 MHz frequency bands. Permissible operations in
these bands include flexible fixed, mobile, and broadcast uses,
including mobile and other digital new broadcast operation; fixed and
mobile wireless commercial services (including FDD- and TDD-based
services); as well as fixed and mobile wireless uses for private,
internal radio needs, two-way interactive, cellular, and mobile
television broadcasting services. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with a SBA small business
size standard applicable to licenses providing services in these bands.
The SBA small business 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 licensees in this industry can
be considered small.
32. According to Commission data as of December 2021, there were
approximately 2,824 active Lower 700 MHz Band licenses. The
Commission's small business size standards with respect to Lower 700
MHz Band licensees involve eligibility for bidding credits and
installment payments in the auction of licenses. For auctions of Lower
700 MHz Band licenses the Commission adopted criteria for three groups
of small businesses. A very small business was defined as an entity
that, together with its affiliates and controlling interests, has
average annual gross revenues not exceeding $15 million for the
preceding three years, a small business was defined as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and an entrepreneur was defined as an entity that, together with its
affiliates and controlling interests, has average gross revenues not
exceeding $3 million for the preceding three years. In auctions for
Lower 700 MHz Band licenses seventy-two winning bidders claiming a
small business classification won 329 licenses, twenty-six winning
bidders claiming a small business classification won 214 licenses, and
three winning bidders claiming a small business classification won all
five auctioned licenses.
33. 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 we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
34. Upper 700 MHz Band Licenses. The upper 700 MHz band encompasses
spectrum in the 746-806 MHz bands. Upper 700 MHz D Block licenses are
nationwide licenses associated with the 758-763 MHz and 788-793 MHz
bands. Permissible operations in these bands include flexible fixed,
mobile, and broadcast uses, including mobile and other digital new
broadcast operation; fixed and mobile wireless commercial services
(including FDD- and TDD-based services); as well as fixed and mobile
wireless uses for private, internal radio needs, two-way interactive,
cellular, and mobile television broadcasting services. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with a SBA small business size standard applicable to licenses
providing services in these bands. The SBA small business 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 that
number, 2,837 firms employed fewer than 250 employees. Thus, under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
35. According to Commission data as of December 2021, there were
approximately 152 active Upper 700 MHz Band licenses. The Commission's
small business size standards with respect to Upper 700 MHz Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, three winning bidders claiming very small business status
won five of the twelve available licenses.
36. 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
[[Page 34186]]
does not collect data on the number of employees for licensees
providing these services, at this time we are not able to estimate the
number of licensees with active licenses that would qualify as small
under the SBA's small business size standard.
37. Cellular Radiotelephone Service. This service is radio service
in which licensees are authorized to offer and provide cellular service
for hire to the general public and was formerly titled Domestic Public
Cellular Radio Telecommunications Service. Cellular Radiotelephone
Service falls within the scope the Wireless Telecommunications Carriers
(except Satellite) industry, where the SBA small business size standard
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 licensees in this
industry can be considered small.
38. Based on Commission data, as of November 2021, there were
approximately 1,908 active licenses in this service. The Commission's
small business size standards with respect to Cellular Radiotelephone
Services involve eligibility for bidding credits and installment
payments in the auction of licenses for these services. For purposes of
bidding credits, the Commission has defined ``small business'' as an
entity that either (1) together with its affiliates and controlling
interests has average gross revenues of not more than $3 million for
each of the three preceding years, or (2) together with its affiliates
and controlling interests has average gross revenues of not more $15
million for each of the three preceding years.
39. 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 we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
40. Advanced Wireless Services (AWS)--(1710-1755 MHz and 2110-2155
MHz bands (AWS-1); 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and
2175-2180 MHz bands (AWS-2); 2155-2175 MHz band (AWS-3); 2000-2020 MHz
and 2180-2200 MHz (AWS-4)). Spectrum is made available and licensed in
these bands for the provision of various wireless communications
services. Wireless Telecommunications Carriers (except Satellite) is
the closest industry with a SBA small business size standard applicable
to these services. The SBA small business 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
licensees in this industry can be considered small.
41. According to Commission data as of December 2021, there were
approximately 4,472 active AWS licenses. The Commission's small
business size standards with respect to AWS involve eligibility for
bidding credits and installment payments in the auction of licenses for
these services. For the auction of AWS licenses, the Commission defined
a ``small business'' as an entity with average annual gross revenues
for the preceding three years not exceeding $40 million, and a ``very
small business'' as an entity with average annual gross revenues for
the preceding three years not exceeding $15 million. Pursuant to these
definitions, 57 winning bidders claiming status as small or very small
businesses won 215 of 1,087 licenses. In the most recent auction of AWS
licenses 15 of 37 bidders qualifying for status as small or very small
businesses won licenses.
42. 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 we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
43. 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.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
44. The FNPRM may impose new or additional reporting or
recordkeeping and/or other compliance obligations on small entities if
rules discussed therein are adopted. For example, small and other
entities are likely to be subject to the requirement of routing SCS 911
voice calls and 911 text messages, including the use of location-based
routing to route 911 SCS voice calls directly to an appropriate PSAP,
if technically feasible. Additionally, those entities are also likely
to be subject to compliance rules concerning the proposed requirement
that all devices utilizing SCS should be able to determine their
location. For Assisted GPS (A-GPS), SCS should be able to provide the
needed assistance information for 911 calls and texts, if adopted. In
addition, small and other entities could be subject to coordination
requirements or required to submit additional technical information
related to the protection of radio astronomy.
45. The Commission also seeks comment on questions regarding
improvements in location-based routing, device-to-satellite
connectivity, interconnectivity between terrestrial providers and
satellite operators, network selection and roaming, and PSAP outreach.
Because of the ongoing deployment and continued innovation
[[Page 34187]]
of SCS, the Commission seeks any new and updated information regarding
technological or other developments in routing SCS 911 voice calls
since the last rounds of filing. Entities should report any additional
information regarding routing SCS 911 voice calls since their last
filings.
46. The Commission also seeks comment on whether there are
additional ways to encourage and improve coordination among Federal and
non-Federal stakeholders with respect to the coexistence of radio
astronomy and SCS and whether the Commission should make any changes to
its rules to facilitate this coordination. If such rules are adopted,
operators could be required to provide reports regarding coordination
efforts or additional technical information in addition to the existing
underlying reporting, recordkeeping, and compliance requirements
adopted in the Report and Order.
47. At this time, the record does not include a detailed cost/
benefit analysis that would allow us to quantify the costs of
compliance for small entities, including whether it will be necessary
for small entities to hire professionals in order for them to comply
with the rules proposed in the FNPRM, should they be adopted. The
Commission invites comment on the costs and burdens of the proposals in
the FNPRM and expects the information received in comments including,
where requested, cost and benefit analyses, to help the Commission
identify and evaluate relevant compliance matters for small entities,
including compliance costs and other burdens that may result if the
proposals and associated requirements discussed in the FNPRM are
adopted.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
48. 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 and
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.''
49. In the initial NPRM, the Commission took steps to minimize
significant economic impact to small and other entities by obtaining
information from interested parties on a number of technical issues
relating to extending E911 rules to SCS, and it expands upon those
actions in the FNPRM. In the FNPRM, the Commission considered how best
to improve our 911 rules that apply to terrestrial providers when using
SCS to extend their coverage. The Commission also considered whether it
should require terrestrial providers to use location-based routing for
SCS 911 voice calls when information about the location of the device
is available to the CMRS provider's network at the time of routing.
Alternatively, the Commission considered whether it should require
terrestrial providers to use location-based routing for SCS 911 voice
calls only when location information meets certain thresholds for
accuracy and timeliness. The information obtained from commenters could
provide the Commission with opportunities to ultimately adopt
threshold-related rules that serve to lessen the burden on small
providers.
50. The Commission also considered whether threshold requirements
should be changed when requiring location-based routing, beyond
accuracy and timeliness of available location information and, if
changes are needed, what form they should take. Given the nature of SCS
to extend coverage, cell tower information is unlikely to be available
as a fallback when location-based routing does not meet whatever
threshold requirements should be in place for using location-based
routing. Therefore, the Commission requests comment on several
questions involving what threshold requirements should be considered
for SCS 911. In considering changes to the threshold requirements, we
will consider the potential economic impact to small entities.
51. Additionally, in the FNPRM, the Commission seeks comment on
ways to establish rules around interconnectivity between terrestrial
providers and satellite operators within the context of SCS 911
connections. The rules that are ultimately adopted could lessen the
compliance requirements for small and other entities. The FNPRM
requests information involving both the current standards and
anticipated future standards. These standards will be important to
consider for informing discussions of future advances to SCS 911
connections and requires consideration of alternatives that take into
account the potential impact of the adopted rules on small entities.
Lastly, the Commission asked how long the network selection should take
before a 911 call is eventually attempted via SCS. The Commission
acknowledges that SCS is to be supplemental to terrestrial networks,
including traditional terrestrial call paths, such as roaming, and
additional technologies, such as Wi-Fi. The Commission seeks comment on
ways to minimize the economic burden on small providers.
52. Furthermore, the Commission seeks comment on what, if any,
coordination requirements should be adopted. In the alternative, to
possibly lessen the compliance burdens on entities, the Commission asks
if there are other incentives the Commission could implement to
encourage coordination and coexistence of radio astronomy operations
and SCS. Likewise, the Commission asks about the effectiveness of early
coordination efforts when considering whether to adopt additional
requirements and whether the submission of additional technical
information would be helpful in these coordination efforts. While the
Commission does not explicitly propose that additional coordination
requirements be adopted, the Commission inquires as to whether
additional requirements would be necessary given existing coordination
efforts and the unique nature of SCS as the information obtained from
commenters could provide the Commission with opportunities to
ultimately adopt threshold-related rules that serve to lessen the
burden on small providers.
53. The Commission is hopeful that the comments it receives will
specifically address matters impacting small entities and include data
and analyses relating to these matters. Further, while the Commission
believes the rules that are eventually adopted in this proceeding
should benefit small entities, the Commission expects to more fully
consider the economic impact and alternatives for small entities
following the review of comments filed in response to the FNPRM. The
Commission's evaluation of this information will shape the final
alternatives it considers, the final conclusions it 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
54. None.
[[Page 34188]]
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-06668 Filed 4-29-24; 8:45 am]
BILLING CODE 6712-01-P
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