Rule2024-06669
Single Network Future: Supplemental Coverage From Space; Space Innovation
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
April 30, 2024
Effective
May 30, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC or Commission) adopts rules to facilitate the deployment of supplemental coverage from space (SCS) in an effort to serve several important public interest goals for the Nation and expand the reach of communications services, particularly emergency services, so that connectivity and assistance is available in more remote places. In this document, to allow satellite communications on spectrum previously allocated only to terrestrial services, the Commission modifies the United States Table of Frequency Allocations to authorize bi- directional, secondary mobile-satellite service operations in certain spectrum bands that have no primary, non-flexible-use legacy incumbents, Federal or non-Federal. For these bands, we authorize SCS only where one or more terrestrial licensees--together holding all licenses on the relevant channel throughout a defined geographically independent area--lease access to their spectrum rights to a participating satellite operator, whose license reflects these frequencies and the geographically independent area in which they will offer SCS. In recognition that this new offering has the potential to bring life-saving connectivity to remote areas, the Commission also applies interim 911 call and text routing requirements to ensure that help is available to those who need it today while we work toward enabling automatic location-based routing of all emergency communications whether or not there is a terrestrial connection available.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Rules and Regulations]
[Pages 34148-34168]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06669]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 9, and 25
[GN Docket No. 23-65, IB Docket No. 22-271; FCC 24-28; FR ID 210313]
Single Network Future: Supplemental Coverage From Space; Space
Innovation
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) adopts rules to facilitate the deployment of
supplemental coverage from space (SCS) in an effort to serve several
important public interest goals for the Nation and expand the reach of
communications services, particularly emergency services, so that
connectivity and assistance is available in more remote places. In this
document, to allow satellite communications on spectrum previously
allocated only to terrestrial services, the Commission modifies the
United States Table of Frequency Allocations to authorize bi-
directional, secondary mobile-satellite service operations in certain
spectrum bands that have no primary, non-flexible-use legacy
incumbents, Federal or non-Federal. For these bands, we authorize SCS
only where one or more terrestrial licensees--together holding all
licenses on the relevant channel throughout a defined geographically
independent area--lease access to their spectrum rights to a
participating satellite operator, whose license reflects these
frequencies and the geographically independent area in which they will
offer SCS. In recognition that this new offering has the potential to
bring life-saving connectivity to remote areas, the Commission also
applies interim 911 call and text routing requirements to ensure that
help is available to those who need it today while we work toward
enabling automatic location-based routing of all emergency
communications whether or not there is a terrestrial connection
available.
DATES: The rules are effective May 30, 2024, except for the amendments
to Sec. Sec. 1.9047(d)(2) (amendatory instruction 3), 9.10(t)(3)
through (5) (amendatory instruction 8), and 25.125(b)(1) and (2) and
(c) (amendatory instruction 16), which are indefinitely delayed. The
Federal Communications Commission will publish a document in the
Federal Register announcing the effective date of these rule sections.
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#ffb590919e8b979e91d1b29e8d94929e91bf999c9cd1989089"><span class="__cf_email__" data-cfemail="02486d6c63766a636c2c4f6370696f636c426461612c656d74">[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#eea38b9c879d9d8fc0b88b828b94ae888d8dc0898198"><span class="__cf_email__" data-cfemail="206d4552495353410e76454c455a604643430e474f56">[email protected]</span></a> or (202) 418-0751. For
information regarding the Paperwork Reduction Act of 1995 (PRA)
information collection requirements contained in this document, contact
Cathy Williams, Office of Managing Director, at (202) 418-2918 or
<a href="/cdn-cgi/l/email-protection#80c3e1f4e8f9aed7e9ecece9e1edf3c0e6e3e3aee7eff6"><span class="__cf_email__" data-cfemail="abe8cadfc3d285fcc2c7c7c2cac6d8ebcdc8c885ccc4dd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of Commission's Report and
Order, in GN Docket No. 23-65 and IB Docket No. 22-271; FCC 24-28,
adopted and released on March 15, 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>. The Report and Order was corrected
by an erratum released on April 18, 2024. The changes made by the
erratum are included in this document.
Synopsis
1. In the Report and Order, the Commission adopts a regulatory
framework--the first of its kind in the world--to enable collaborations
between satellite operators and terrestrial service providers to offer
ubiquitous connectivity directly to consumer handsets using spectrum
previously allocated only to terrestrial service. We anticipate that
supplemental coverage from space, or SCS, will enable consumers in
areas not covered by terrestrial networks to be connected using their
existing devices via satellite-based communications.
2. In the Report and Order, to allow satellite communications on
spectrum previously allocated only to terrestrial services, the
Commission modifies the United States Table of Frequency Allocations to
authorize bi-directional, secondary mobile-satellite service (MSS)
operations in certain spectrum bands that have no primary, non-
flexible-use legacy incumbents, Federal or non-Federal. Accordingly,
the list of bands that will be available for the provision of SCS (the
SCS Bands) is as follows:
[[Page 34149]]
<bullet> 600 MHz: 614-652 MHz and 663-698 MHz;
<bullet> 700 MHz: 698-769 MHz, 775 MHz-799 MHz, and 805-806 MHz;
<bullet> 800 MHz: 824-849 MHz and 869-894 MHz;
<bullet> Broadband PCS: 1850-1915 MHz and 1930-1995 MHz; and
<bullet> AWS-H Block: 1915-1920 MHz and 1995-2000 MHz.
3. For these bands, the Commission finds it in the public interest
to limit SCS authorizations to the following geographically independent
areas (GIAs): (1) the contiguous United States (CONUS); (2) Alaska; (3)
Hawaii; (4) American Samoa; (5) Puerto Rico/U.S. Virgin Islands; and
(6) Guam/Northern Mariana Islands. Given the novel technical challenges
at play when introducing satellite communications to terrestrial
spectrum, we believe that a GIA restriction is necessary in the initial
SCS framework because it minimizes the risk of potential interference
to geographically-adjacent, co-channel license areas. For these bands,
the Commission authorizes SCS only where one or more terrestrial
licensees--together holding all licenses on the relevant channel
throughout a defined geographically independent area--lease access to
their spectrum rights to a participating satellite operator, whose part
25 license reflects these frequencies and the geographically
independent area in which they will offer SCS.
4. In the Report and Order, the Commission also adopts entry
criteria that non-geostationary satellite orbit (NGSO) and
geostationary satellite orbit (GSO) operators must meet in order to
apply for or modify an existing part 25 license to operate satellites
in the SCS Bands in the United States and its territories.
Specifically, we establish an SCS framework allowing satellite
operators to apply to modify a current part 25 license to include SCS
where: (1) the satellite operator has one or more leasing
notification(s) or application(s), or in the case of FirstNet, a Form
601, on file with the Commission to access the spectrum allocated for
MSS provision of SCS from a single terrestrial licensee or multiple
licensees that hold, collectively or individually, all co-channel
licenses throughout a GIA; (2) the current part 25 space station
licensee or part 25 grantee of market access for NGSO or GSO satellite
operation seeks modification of authority to provide SCS in the same
geographic areas covered in the relevant GIA; and (3) the terrestrial
devices involved in SCS qualify as ``licensed by rule'' earth stations
under the new provisions of part 25. Similarly, satellite operators may
apply for an initial part 25 license with authority to provide SCS if
they meet requirements (1) and (3) above, and if in their part 25
application, those operators seek to provide SCS in the same geographic
areas covered in the relevant GIA.
5. Our actions to facilitate the deployment of SCS will serve
several important public interest goals for the Nation. First, the SCS
framework will expand the reach of communications services,
particularly emergency services, so that connectivity and assistance is
available in more remote places. Second, the SCS framework will spur
advancements in cutting-edge, space-based technologies that will
position the United States as a global leader in this arena. And third,
the SCS framework will continue our efforts to promote the innovative
and efficient use of our Nation's spectrum resources in ways that
foster creative collaborations among users.
6. In crafting this new framework, it is essential that we balance
the desire to accelerate innovative SCS operations that will serve
these critical public interest goals with the need to retain service
quality of terrestrial networks, protect spectrum usage rights, and
minimize the risk of harmful interference, both domestically and
internationally. Accordingly, the framework we adopt in the Report and
Order represents an initial step to encourage the development of SCS
while minimizing the risks of harmful interference to existing
terrestrial and satellite networks that support non-Federal and Federal
users. In the future, as the marketplace for SCS develops, we plan to
build on the framework we adopt in the Report and Order, to enable
deployment of SCS in additional bands and scenarios. We will also
continue to monitor the nascent SCS marketplace to consider
modifications and address proposals that do not fit neatly within our
framework by waiver.
7. In addition, the Commission considered a framework for
authorizing terrestrial devices to communicate with a space station in
the SCS context. In the Report and Order, the Commission adopts a
license by rule approach for terrestrial devices as earth stations
communicating with a satellite network for the purposes of SCS.
Specifically, so long as the terrestrial devices connecting to the SCS
network are doing so pursuant to an effective part 1 leasing
arrangement or agreement and are operating within the existing
technical parameters of their Office of Engineering and Technology
(OET) equipment authorization, the terrestrial licensee's license
parameters, and applicable part 22, 24, or 27 rules, then those devices
will be licensed as earth stations by rule without the need to file a
part 25 earth station application for additional authority.
8. In recognizing the importance of 911 service to emergency
response and disaster preparedness, we adopt interim 911 text and call
routing requirements for terrestrial providers that use SCS
arrangements to extend coverage areas. Specifically, we require
terrestrial providers to transmit all 911 voice calls and texts to a
Public Safety Answering Point (PSAP) using location-based routing or an
emergency call center. Terrestrial providers must also transmit
location information and the user's phone number to facilitate dispatch
and callback capabilities at the receiving PSAP. We also require
terrestrial providers that use SCS to file annual reports with the
Commission, submit a privacy certification, and provide consumer
disclosures regarding SCS 911 connectivity.
9. Under the SCS framework, satellite operators and terrestrial
licensees providing SCS must comply with existing satellite and
terrestrial rules to avoid harmful interference into radio astronomy
and related services. The Commission also amended some of its technical
rules as they apply to SCS. In addition, the new MSS allocations will
remain subject to the United States' international obligations under
treaties, bilaterial or multilateral agreements, the International
Radio Regulations, and other instruments of the International
Telecommunication Union (ITU).
Procedural Matters
Paperwork Reduction Act
10. The requirements in Sec. Sec. 1.9047(d)(2), 9.10(t)(3) through
(5), and 25.125(b)(1) and (2) and (c) constitute new or modified
collections subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. 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 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, but did not
receive, specific comment on how the Commission might further reduce
the information collection burden for small business concerns with
fewer than 25 employees. The Commission describes impacts that
[[Page 34150]]
might affect small businesses, which includes more businesses with
fewer than 25 employees, in the Final Regulatory Flexibility Analysis.
Final Regulatory Flexibility Analysis
11. The Regulatory Flexibility Act (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 a Final
Regulatory Flexibility Analysis (FRFA) concerning the possible impact
of the rule changes contained in the Report and Order on small
entities. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (NPRM) released in
March 2023 in this proceeding (88 FR 21944, Mar. 16, 2023). The
Commission sought written public comment on the proposals in the NPRM
including comments on the IRFA. No comments were filed addressing the
IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
Congressional Review Act
12. The Commission will send a copy of the Report and Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
13. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the NPRM released in March 2023. The Federal
Communications Commission (Commission) sought written public comment on
the proposals in the NPRM, including comment on the IRFA. No comments
were filed addressing the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Report and Order
14. In the Report and Order, the Commission takes a major step
toward harnessing the power of hybrid satellite-terrestrial networks to
connect people to modern communications services. To accomplish this
objective, the Commission adopts a regulatory framework to enable
collaborations between satellite operators and terrestrial service
providers to offer ubiquitous connectivity directly to consumer
handsets using spectrum previously allocated only to terrestrial
service. Supplemental coverage from space (SCS) will enable consumers
in areas not covered by terrestrial infrastructure to be connected
using their existing devices via satellite-based communications. The
framework the Commission adopts in the Report and Order balances the
desire to accelerate innovative SCS operations that will serve these
critical public interest goals with the need to retain service quality
of terrestrial networks, protect spectrum usage rights, and minimize
the risk of harmful interference, both domestically and
internationally. The objectives of the framework include facilitating
ubiquitous wireless coverage across the Nation, expanding the
availability of emergency communications to consumers and the
geographic range of first responders to provide emergency services, and
promoting competition in the provision of wireless services to
consumers.
15. In the Report and Order, to allow satellite communications on
spectrum previously allocated only to terrestrial services, the
Commission modifies the United States Table of Frequency Allocations
(U.S. Table) to authorize bi-directional, secondary mobile-satellite
service (MSS) operations in certain spectrum bands that have no
primary, non-flexible-use legacy incumbents, Federal or non-Federal.
For these bands, the Commission authorizes SCS only where one or more
terrestrial licensees--together holding all licenses on the relevant
channel throughout a defined geographically independent area (GIA)--
lease access to their spectrum rights to a participating satellite
operator, whose part 25 license reflects these frequencies and the GIA
in which they will offer SCS. The list of bands (SCS Bands) that will
be available for the provision of SCS is as follows:
<bullet> 600 MHz: 614-652 MHz and 663-698 MHz;
<bullet> 700 MHz: 698-769 MHz, 775 MHz-799 MHz, and 805-806 MHz;
<bullet> 800 MHz: 824-849 MHz and 869-894 MHz;
<bullet> Broadband PCS: 1850-1915 MHz and 1930-1995 MHz; and
<bullet> AWS-H Block: 1915-1920 MHz and 1995-2000 MHz.
16. In an effort to realize the public interest benefits of SCS as
soon as possible, while minimizing the risk of harmful interference,
the Commission adopts the proposal to limit SCS authorizations to the
following GIAs: (1) the contiguous United States (CONUS); (2) Alaska;
(3) Hawaii; (4) American Samoa; (5) Puerto Rico/U.S. Virgin Islands;
and (6) Guam/Northern Mariana Islands.
17. Additionally, in the Report and Order, the Commission adopts
rules requiring a part 25 license as a necessary component of an SCS
authorization that must be obtained prior to commencing SCS. The
Commission also adopts entry criteria that non-geostationary satellite
orbit (NGSO) and geostationary satellite orbit (GSO) operators must
meet to apply for or modify an existing part 25 license to operate
satellites in SCS Bands. The Commission adopts rules to establish a
license by rule approach for terrestrial devices as earth stations
communicating with a satellite network for the purposes of SCS.
Furthermore, the Report and Order authorizes SCS based on a lease
arrangement or agreement between one or more terrestrial licensees and
one or more satellite operators, subject to the restrictions adopted.
The Commission also adopts limited amendments to the service rules
governing satellite and terrestrial licensees to enable the provision
of SCS.
18. Similarly, the Commission adopts certain technical rules,
including requiring terrestrial device equipment authorization grantees
to modify existing, or obtain new, equipment authorizations for
previously certified terrestrial devices and also grants a limited
waiver of certain rules. The Commission also addresses international
coordination, stating that SCS will be authorized pursuant to a
secondary MSS allocation in the U.S. Table. These operations may not
cause harmful interference to--and shall not claim protection from--any
station operating in accordance with ITU provisions, whether in the
United States or internationally. Finally, the Commission clarifies
that the SCS framework is limited to operations performed in the bands
designated in the Report and Order for SCS and remains separate from
the service rules for MSS systems. Consequently, the rules the
Commission adopts in the Report and Order represent an initial step to
encourage the development of SCS while minimizing the risks of harmful
interference to existing terrestrial and satellite networks that
support non-Federal and Federal users.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
19. Parties that filed comments did not specifically reference the
IRFA in their comments; however, some commenters, some of which include
small entities, expressed concerns that the proposal in the NPRM in
which a single terrestrial licensee must hold all co-channel licenses
in a given GIA
[[Page 34151]]
would either limit SCS to large carriers with nationwide authority over
a block of spectrum, or, at a minimum, exclude smaller or regional
terrestrial operators from participation in the framework. These
concerns are discussed in greater detail in section F of this FRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
20. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
21. The Chief Counsel did not file any comments in response to the
proposed rules or policies in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the 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 rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
23. Small Businesses, Small Organizations, Small Government
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe, at the
outset, three broad groups of small entities that could be directly
affected herein. First, where there are industry specific size
standards for 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
revenue 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 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 Government data, we estimate that at least
48,971 entities fall into the category of ``small government
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 2021 Universal
Service Monitoring Report, as of December 31, 2020, there were 797
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 715
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 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
[[Page 34152]]
$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 frequency division
duplex (FDD)- and time division duplex (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 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
[[Page 34153]]
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 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.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
44. While the Commission sought to minimize compliance burdens
where practicable, the SCS framework adopted in the Report and Order
will impose new or additional reporting, recordkeeping, and/or other
compliance obligations on small entities. In addition, while it sought
comment from concerned parties regarding costs related to those
obligations, the record does not contain a detailed cost/benefit
analysis that would allow us to quantify such related costs to small
entities. The rules adopted in the Report and Order encompass a broad
range of leasing, licensing, and technical compliance requirements that
are summarized in further detail below.
45. Part 25 License Entry Criteria. The Report and Order
effectuates SCS in certain flexible-use bands previously allocated
solely for terrestrial use by the adoption of rules to authorize
satellite-to-terrestrial (uplink and downlink) operations in these
bands whereby a NGSO or GSO satellite operator may apply for a new or
modify an existing part 25 authorization when that entity meets certain
prerequisites, or ``entry criteria.'' The ``entry criteria'' requires
the satellite operator intending to modify its existing part 25
application in order to provide SCS to include a certification that
provides the following information: (1) the satellite operator has one
or more leasing notification(s) or application(s), or in the case of
FirstNet, a Form 601, on file with the Commission to access the
spectrum allocated for MSS provision of SCS from a single terrestrial
licensee or multiple licensees that hold, collectively or individually,
all co-channel licenses throughout a GIA; (2) the current part 25 space
station licensee or part 25 grantee of market access for NGSO or GSO
satellite operation seeks modification of authority to provide SCS in
the same geographic areas covered in the relevant GIA; and (3) the
terrestrial devices involved in SCS qualify as ``licensed by rule''
earth stations under the new provisions of part 25. Similarly,
satellite operators may apply for an initial part 25 license with
authority to provide SCS if it shows that it meets requirements (1) and
(3) above, and if in their part 25 application, those operators request
to provide SCS in in the same geographic areas covered in the relevant
GIA.
46. In its adopted rules, the Commission maintains its existing
part
[[Page 34154]]
25 rules for obtaining and modifying a license and applies them to the
SCS framework. Under this framework, meeting the proposed entry
criteria would allow small and other entities to apply to modify its
existing satellite authorization. However, all related applications--
including those seeking modification, lease applications, and earth
station equipment certifications--must first be granted to provide SCS.
Thus, the Report and Order's requirements are in addition to the
existing underlying reporting, recordkeeping, and compliance
requirements. We further note, however, that due to the significant
costs involved in SCS development and deployment, we anticipate that
few satellite operators affected by this rulemaking would qualify under
the definition of ``small entity.''
47. Part 1 Leasing. In the Report and Order, the Commission adopts
a framework authorizing SCS by amending its part 1 leasing rules to
permit terrestrial licensees to lease terrestrial spectrum rights to
satellite operators for the purpose of providing SCS. In order to
properly comply, the adopted rules require applicants for and current
licensees of the authorized SCS bands to provide the following
information using the current FCC Form 608: (1) a certification that
the parties are entering into the leasing arrangement for the purpose
of fulfilling the part 25 entry criteria; (2) a description of which
method, single or multiple terrestrial licensee, the parties are
utilizing to meet the part 25 entry criteria; and (3) if the parties
are utilizing the spectrum leasing arrangement under the multiple
terrestrial licensee method, the parties must: (a) describe the nature
of the leasing arrangement(s); and (b) demonstrate how the entirety of
the GIA is covered by the lease arrangement(s). The Commission believes
that this requirement will improve the level of interference protection
licensees receive in the band; and will create a more predictable and
transparent spectrum environment for any current and future users of
the band(s). This process also utilizes the Commission's current
application approval and notification processing procedures because it
will remove unnecessary delay by utilizing the procedures that are
already in place. Further, in light of these limited changes to the
current application procedures, the Commission does not believe that
small entities will have to hire professionals to comply with the
Report and Order.
48. Part 25 Automatic Termination. In the Report and Order, the
Commission retains the current part 25 rules regarding automatic
termination of station authorizations to satellite licensees seeking to
provide SCS jointly with a terrestrial operator, and adds a rule
whereby the termination of any lease(s) that allow for the use of
specific terrestrial spectrum for SCS is a trigger for automatic
termination of the part 25 license. This requirement utilizes and
applies the Commission's current part 25 automatic termination process.
In light of these limited changes to the current procedures, the
Commission does not believe that small entities will have to hire
professionals to comply with the Report and Order.
49. 911 Call Transmission Requirements. In the Report and Order,
the Commission establishes on an interim basis that terrestrial
providers must transmit all SCS 911 calls and texts to a PSAP using
either an emergency call center or location-based routing. Terrestrial
providers must also transmit location information and the user's phone
number to facilitate dispatch and callback capabilities at the
receiving PSAP. This interim step will balance the need for SCS 911
voice calls and texts to be routed to the appropriate PSAP with the
need for terrestrial providers to have flexibility in their
implementation of SCS. Under this approach, terrestrial providers must
either: (1) use information regarding the location of a device,
including but not limited to device-based location information, and
transmit the phone number of the device used to send the SCS 911 voice
call or SCS 911 text message and available information to an
appropriate PSAP; or (2) use an emergency call center, at which
emergency call center personnel must determine the emergency caller's
phone number and location and then transfer or otherwise direct the SCS
voice call or SCS text message to an appropriate PSAP. In addition, the
Commission requires terrestrial providers that use SCS to file an SCS
911 report with the Commission on an annual basis, by October 15th of
each year, that explains how their SCS deployments have supported 911
call/text routing to the geographically appropriate PSAP with
sufficient location information. Terrestrial providers that utilize SCS
to extend coverage must maintain records of SCS 911 voice calls and 911
text messages received under their SCS arrangements and received at
their emergency centers. The Commission finds that these reporting and
location-based routing requirements represent minimally burdensome
requirements when weighed against the necessity of 911 service for
emergency response and disaster preparedness. Further, while these
recordkeeping and reporting requirements present new obligations for
small entities, we note that these measures will promote the
Commission's objectives regarding transparency and accountability in
routing SCS voice calls and 911 text messages and provide useful data.
Additionally, to advance consumer awareness of the extent to which SCS
is used to provide connectivity to 911, the Commission adopts consumer
disclosure requirements for terrestrial providers to inform their
subscribers of the limitations when using SCS to contact 911. Finally,
there is a one-time requirement that, prior to use of SCS location
information to meet the Commission's 911 rules, terrestrial providers
must certify that neither they nor any third party they rely on to
obtain SCS location information will use that information or associated
data for any non-911 purpose, except with prior express consent or as
otherwise permitted or required by law. The certification also must
state that terrestrial providers and any third party they rely on to
obtain SCS location information will implement measures sufficient to
safeguard the privacy and security of the information.
50. Market Area Boundary Limits. In the Report and Order, the
Commission maintains the existing market area boundary limits in parts
22, 24, and 27 of the Commission's rules. Noting that SCS partners
should be expected to coordinate regarding the technical parameters
necessary to avoid co-channel interference with one another's
operations. Although the introduction of SCS into spectrum licensed for
terrestrial networks should have no impact to other radio systems
operating in the band within the same or nearby geographical areas, the
Commission adopts a rule to limit the signal levels from SCS at and
beyond the terrestrial operator's licensed area to be the same as those
defined for terrestrial operation in each respective band. More
specifically, the Commission maintains the existing market area
boundary limits established in parts 22, 24, and 27 of the Commission's
rules. These limits have also been used and shown to be feasible for
operations similar to SCS. SCS can therefore only be deployed on the
condition that stations using these frequencies will not cause harmful
interference to, or claim protection from harmful interference caused
by, an international station operating in accordance with the
provisions of the
[[Page 34155]]
Constitution, the Convention, and the Radio Regulations of the ITU.
51. The Commission recognizes that managing time varying signal
levels from SCS space stations, which may be moving and utilizing
multibeam transmissions, will require careful and dynamic management of
power level and beams for small and other entities. Satellite operators
must also account for multiple overlapping and changing satellites or
beams covering the same areas, as well as leakage and interference from
side beams. Therefore, the power limit for interference protection at
any given point or area should be applied to aggregation of power
received across all visible beams and satellites at all times as they
move over any given point or area. In addition, operators may need to
cease beam transmissions in zones to allow for signal degradation from
the edge of SCS coverage. Given that the size of such zones depends on
target services, satellite and beamforming configuration, and power
management solutions which may improve over time, the Commission does
not set a limit on the zone size as long as the receive power limits
are met.
52. Out of Band Emission (OOBE) Limits. In the Report and Order the
Commission adopted a uniform OOBE limit of -120 dBW/m2/MHz for SCS
operation across the SCS Bands expressed as a terrestrial power flux-
density (PFD) limit. To ensure those adjacent band devices are
protected from the risk of harmful interference, we find that both OOBE
limits are warranted, and given the nature of SCS, that these limits
should be measured and enforced on the ground. In setting these limits,
we recognize that different factors may affect the potential for
harmful interference due to the inherent difference in propagation
effects when the signal is generated from a multibeam satellite
constellation compared to when it is transmitted from a terrestrial
base station. As a result, we therefore adopt limits that constitute a
reasonable middle ground between existing terrestrial OOBE limits and
satellite-based limits.
53. The existing OOBE limits for base stations vary across
different radio services, and these services are governed by different
parts of the Commission's rules (e.g., parts 22, 24, 27). Although
different OOBE limits apply across individual SCS Bands, we believe
adopting a uniform PFD limit for supplemental satellite coverage across
the various bands is reasonable and provides a simple requirement for
satellite operator compliance. To provide a uniform limit across the
various SCS Bands, the Commission considers some balancing of these
effects for PFD limits that are normalized to both ``per MHz'' and
``per square meter''-i.e., dBW/m2/MHz. We also specify that this PFD
limit will apply at 1.5 meters above ground level, a height frequently
associated with handset usage that has been used by the Commission when
developing interference protection criteria for other wireless
services. We believe that this limit represents an equitable- and
technologically feasible-balance between the positions expressed in the
record and will effectively protect adjacent band operations across the
SCS Bands. Further, given that the Commission is breaking new ground in
permitting satellite operations to not only operate in bands allocated
for terrestrial systems, but permitting them to be fully integrated
into those systems, we believe that it is in the public interest to
require that those satellites protect terrestrial systems commensurate
with the protections they are afforded from terrestrial-only systems.
While the out-of-band PFD limits the Commission adopted may require
more stringent attenuation than the emission limits specified in Sec.
25.202(f) for satellite operation, the Commission believes that these
stricter limits are both necessary and technologically feasible for
small and other satellite operators providing SCS.
54. Equipment Authorization for SCS. The adopted rules in the
Report and Order also require terrestrial device equipment
authorization grantees to modify existing, or obtain new, equipment
authorizations for previously certified terrestrial devices to reflect
those devices' approval to operate under a part 25 MSS allocation and
applicable SCS rules. New applicants should include a request for part
25 on future certification applications for equipment that is capable
of operation in an SCS mode. This requirement does introduce a new
administrative burden for equipment authorization grantees and
applicants, especially as it relates to already certified equipment.
The Commission's existing procedures through the permissive change
process which enable electrical or mechanical changes to certified
equipment when those changes do not affect the characteristics required
to be reported to the Commission do not apply here where the only
change being made to the certification is adding authorization for part
25. Under the Commission's existing rules, ``a change other than a
permissive change'' requires a grantee to file a new application for
certification accompanied by the information specified in part 2 of the
Commission's rules. The Commission believes there is good reason to
provide grantees a way to effectuate the necessary changes to their
equipment authorization grants under the Commission's rules that also
minimizes the administrative burdens associated with a new equipment
certification application by waiving relevant rule provisions to
provide a simplified process for existing grantees to modify their
certifications to reflect part 25 authorization for SCS.
55. In granting a limited waiver of its rules, the Commission aims
to minimize the burden on small and other equipment certification
holders, while ensuring tracking and accountability for devices capable
of SCS, and compliance with its prohibition on the authorization of
covered equipment. Similarly, for new equipment authorizations,
terrestrial devices need only show compliance with the terrestrial
technical rules for the rule parts under which they will operate; no
additional tests are needed for part 25 SCS capability. Thus, seeking
to have the part 25 SCS designation on the equipment certification only
requires the applicant to request such a designation pursuant to the
SCS rules.
56. International Coordination. In the Report and Order, the
adopted rules require that SCS operations that may occur in bands not
allocated for such services in the International Table must be
consistent with ITU Radio Regulation No. 4.4 and finds that it would
serve the public interest to include express conditions in the SCS
licenses to ensure that the Commission's obligations are met as the ITU
notifying administration for U.S. licensed space station operations. In
these cases, the Commission will require additional assurances from SCS
licensees that while operating outside of the United States, pursuant
to an authorization from another country, the satellite operations will
not cause harmful interference into a nearby country. Prior to
conducting any communications with earth stations outside the United
States, a satellite operator licensed to provide SCS, or applicant for
a license to provide SCS, must certify to Space Bureau and the Office
of International Affairs (OIA) that it has obtained all necessary
authorizations from the relevant country prior to initiation of
communications with earth stations in that country. The certification
must include steps that were taken to address harmful interference
concerns and that these SCS operations will not result in harmful
interference to operations that are in conformity with the ITU Radio
Regulations in neighboring or nearby
[[Page 34156]]
countries. The certification must also be accompanied by a
demonstration specifying the measures that the U.S. licensee or
applicant will take to eliminate any harmful interference immediately,
in the event that it is notified of harmful interference resulting from
such SCS operations. These requirements are consistent with existing
Commission rules, thereby limiting the compliance burden for small and
other entities.
F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered
57. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.
58. As discussed above, the Report and Order adopts an SCS
framework that allows, through a collaboration between a terrestrial
mobile service provider and satellite operator, transmissions directly
from satellites to terrestrial devices on spectrum that was previously
allocated and licensed exclusively on a terrestrial basis. In the
discussion of the issues, the initial NPRM sought comment on, the
Commission raised alternatives and sought input such as a cost and
benefit analyses from small and other entities. By requesting such
information, the Commission gave small entities the opportunity to
broaden the scope of the Commission's understanding of impacts which
may not be readily apparent, and offer alternatives not already
considered that could minimize the economic impact on small entities.
59. Waiver-Based Approach. The Commission declines to adopt a
waiver-based approach to enable SCS, opting instead to enable SCS on a
variety of bands in all parts of the United States through generally-
applicable rules. Some commenters argued for a waiver-based approach
instead, but the Commission believes a generally-applicable rules
approach allows the Commission to better serve the public by allowing
it to more carefully consider the entire landscape of an issue as well
as make more comprehensive policy decisions. However, because there are
particular SCS implementations that do not perfectly align with this
framework, in order to not discourage or delay other innovative
solutions for SCS, the Commission will continue to consider on a case-
by-case basis filings for waiver or special temporary authority (STA)
made by interested parties for SCS. Permitting case-by-case filings for
waiver or STA will allow more flexibility for smaller entities who do
not have the resources that larger entities have to participate in
providing SCS.
60. Geographically Independent Area (GIA). In the initial NPRM, the
Commission proposed to limit the provision of SCS ``to instances where
a single terrestrial licensee holds all co-channel licenses in the
relevant band throughout one of the six GIAs.'' In the Report and
Order, the Commission adopted the proposal to limit SCS authorizations
to the following GIAs: (1) CONUS; (2) Alaska; (3) Hawaii; (4) American
Samoa; (5) Puerto Rico/U.S. Virgin Islands; and (6) Guam/Northern
Mariana Islands. The Commission adopted its original proposal to limit
SCS to GIAs at this time, and acknowledges that this decision does not
foreclose the ability for parties with proposals for providing SCS that
do not satisfy the framework from applying to the Commission and
demonstrating that they will not cause harmful interference. Some
commenters, some of which include small entities, suggested this
proposal would limit SCS to large carriers with nationwide authority
over a block of spectrum, or otherwise exclude smaller or regional
terrestrial operators from participation in the framework. Because of
these concerns, the Commission has taken the step of expanding its
entry criteria so that multiple terrestrial service providers may work
with a satellite operator to provide SCS, as long as together those
service providers hold all the licenses in the relevant channel
throughout a GIA. These more expansive entry criteria help provide an
opportunity for broader deployment of SCS both spectrally and
geographically and allows additional licensees to participate, while
still minimizing the risk of harmful interference.
61. Part 25 License Entry Criteria. In the Report and Order, the
Commission adopted rules to authorize satellite-to-terrestrial (uplink
and downlink) operations in certain bands whereby a NGSO or GSO
satellite operator may apply for a new or modify an existing part 25
authorization where that entity meets certain prerequisites, or ``entry
criteria.'' This approach will significantly expand and enhance
secondary markets in a manner that aligns with the Commission's public
interest objectives in order to permit spectrum to flow more freely
among users and uses in response to economic demand. The Commission
believes that by allowing spectrum to be utilized in this way, it will
encourage small entities to become more involved in this process and
collaborate with larger providers.
62. Furthermore, in the Report and Order, the Commission declined
to require part 25 blanket earth station licensing because the comments
in the record reflected that blanket licensing would be unnecessarily
burdensome to small and other entities. In the initial NPRM, the
Commission proposed that a terrestrial licensee seeking to collaborate
with a satellite operator to offer SCS must apply for and obtain a
blanket earth station license for all of its subscribers' terrestrial
devices that will be transmitting to space stations for SCS operations.
The Commission sought comment on this approach as well as any other
approaches that would be consistent with statutory and international
obligations. However, commenters raised significant concerns regarding
blanket licensing, and, thus, the Commission instead adopts a license
by rule approach for terrestrial devices as earth stations
communicating with a satellite network for the purposes of SCS. By not
requiring providers to apply for and obtain a blanket earth station
license, the Commission removes a barrier that was potentially
unnecessarily burdensome, in particular for small entities with limited
resources.
63. Part 1 Leasing. The Commission adopts a framework authorizing
SCS by amending its part 1 leasing rules to permit terrestrial
licensees to lease terrestrial spectrum rights to satellite operators
for the purpose of providing SCS. These requirements are consistent
with existing Commission part 1 leasing rules, and the Commission will
require applicants for and current licensees of the authorized SCS
bands to provide the necessary information using current FCC Form 608.
This process will benefit small entities by saving time and resources,
as it utilizes the Commission's current application approval and
notification processing procedures, and it will remove unnecessary
delay by utilizing the procedures that are already in place.
Additionally, the Commission considered, but declined, to adopt an
approach where a lease was not initially required. Some commenters
advocated for the adoption of a ``two-step'' licensing model in
response to the NPRM, which would have involved a deployment grant that
would not have required a lease initially. However, the Commission
believes that a two-step part 25 licensing process would require
[[Page 34157]]
a duplicative and inefficient use of staff resources that could create
a significant economic burden to small entities.
64. Part 25 Automatic Termination. The Commission retains the
current part 25 rules regarding automatic termination of station
authorizations to satellite licensees seeking to provide SCS jointly
with a terrestrial operator and adds a rule whereby the termination of
any lease(s) that allow for the use of specific terrestrial spectrum
for SCS is a trigger for automatic termination of the part 25 license.
The new rule that triggers the current part 25 automatic termination
requirement is consistent with the current automatic termination rules.
By retaining the current part 25 rules regarding automatic termination,
small and other entities will not have to become acquainted with a new
set of rules, thus reducing their compliance burden.
65. 911 Call Transmission Requirements. The Commission establishes
on an interim basis that terrestrial providers must transmit all SCS
911 calls and texts to a PSAP using either an emergency call center or
location-based routing. Terrestrial providers must also transmit
location information and the user's phone number to facilitate dispatch
and callback capabilities at the receiving PSAP. This interim step will
balance the need for SCS 911 voice calls and texts to be routed to the
appropriate PSAP with the need for entities to have flexibility in
their implementation of SCS. The Commission implements this interim
step because some terrestrial 911 requirements may not be feasible at
this time and, thus, balanced feasibility with the vital importance of
911 services. In connection with this interim requirement, terrestrial
providers that use SCS to extend coverage must maintain records of SCS
911 voice calls and text messages received on their network and
emergency call centers. In addition, the adopted rules require
terrestrial providers to file an SCS 911 report with the Commission on
an annual basis, which will provide critical information regarding SCS
911 connectivity to the Commission while accomplishing it in a manner
that does not create a severe burden for entities required to file. The
Commission concluded that extending and adapting the existing MSS 911
reporting and location-based routing requirements are minimally
burdensome. While these requirements do present new obligations for
small entities, these measures will promote transparency and
accountability in routing SCS voice calls and provide useful data. In
addition, the concurrently adopted Further Notice of Proposed
Rulemaking, published elsewhere in this issue of the Federal Register,
will also provide an ample record in which the Commission may consider
any additional concerns regarding SCS 911-related issues.
66. The Report and Order also establishes disclosure requirements
for terrestrial providers to inform their subscribers of the
limitations resulting from the use of SCS to contact 911. This
disclosure requirement is consistent with the disclosure requirement
the Commission adopted for interconnected Voice Over Internet Protocol
(VoIP) service providers, demonstrating that it will be familiar to
entities and not cause a significant economic impact. While this is a
new requirement for providers, it will provide vital information to
consumers about the limitations of SCS when contacting 911. The
Commission also adopts a rule requiring terrestrial providers to file
with the Commission a one-time certification regarding safeguarding the
privacy and security of SCS location information. These obligations are
consistent with the Commission's existing rules that apply to z-axis
and dispatchable location data, as well as location information used
for location-based routing; therefore, it will be familiar to
terrestrial providers and not create an additional costly burden on
small entities.
67. Market Area Boundary Limits. The Commission maintains the
existing market area boundary limits in parts 22, 24, and 27 of the
Commission's rules, noting that SCS partners should be expected to
coordinate regarding the technical parameters necessary to avoid co-
channel interference with one another's operations. Although the
existing market area boundary limits remain, the Commission states that
certain limits may be necessary and applicable to the boundaries of the
GIA, including at international borders or boundaries extending into
water. Therefore, the Commission adopts a rule to limit the signal
levels from SCS at and beyond the terrestrial operator's licensed area
to be the same as those defined for terrestrial operation in each
respective band.
68. Out of Band Emission (OOBE) Limits. The Commission adopts a
uniform OOBE limit for SCS operation across the SCS Bands expressed as
a terrestrial PFD limit. The Commission declined to apply the existing
OOBE limits for base stations; instead, after the perspective of
commenters who expressed mixed views on which OOBE limits to apply, the
Commission adopts a uniform PFD limit for SCS, which provides an
equitable- and technologically feasible-compromise between the
positions expressed in the record and will also effectively protect
adjacent band operations across the SCS Bands. Further, by adopting a
uniform OOBE limit for SCS operations, entities will not have to become
knowledgeable about several different limitations, which will save much
needed time and resources for small entities. We note that even though
the out-of-band PFD limits adopted may require more stringent
attenuation than the emission limits specified in Sec. 25.202(f) for
satellite operation, the Commission believes these stricter limits are
both necessary and technologically feasible for satellite operators
providing SCS.
69. Equipment Authorization for SCS. In the Report and Order, the
Commission requires terrestrial device equipment authorization grantees
to modify existing, or obtain new, equipment authorizations for
previously certified terrestrial devices to reflect those devices'
approval to operate under a part 25 MSS allocation and applicable SCS
rules. This requirement does introduce a new administrative burden for
equipment authorization grantees and applicants, especially as it
relates to already certified equipment. The Commission's existing
procedures through the permissive change process which enable
electrical or mechanical changes to certified equipment when those
changes do not affect the characteristics required to be reported to
the Commission do not apply here where the only change being made to
the certification is adding authorization for part 25. Under the
Commission's existing rules, ``a change other than a permissive
change'' requires a grantee to file a new application for certification
accompanied by the information specified in part 2 of the Commission's
rules. While the Commission believes there is good reason to provide
grantees a way to effectuate the necessary changes to their equipment
authorization grants under the Commission's rules that also minimizes
the administrative burdens associated with a new equipment
certification application. The Commission therefore waives relevant
provisions to provide a simplified process for existing grantees to
modify their certifications to reflect part 25 authorization for SCS.
In providing this limited waiver to existing rules, the Commission aims
to minimize the burden on equipment certification holders, while
ensuring tracking and accountability for devices capable of SCS, and
compliance with our prohibition on the authorization of covered
equipment. Similarly, for new equipment authorizations, terrestrial
[[Page 34158]]
devices need only show compliance with the terrestrial technical rules
for the rule parts under which they will operate; no additional tests
are needed for part 25 SCS capability.
70. International Coordination. In the Report and Order, the
Commission requires that SCS operations in bands not allocated for such
services in the International Table must be consistent with ITU Radio
Regulation No. 4.4 and finds it would serve the public interest to
include express conditions in the SCS licenses to ensure that the
Commission's obligations are met as the ITU notifying administration
for U.S. licensed space station operations. In these cases, the
Commission will require additional assurances from SCS licensees that
while operating outside the United States, pursuant to an authorization
from another country, the satellite operations will not cause harmful
interference. Prior to conducting any communications with earth
stations outside the United States, a satellite operator licensed to
provide SCS, or applicant for a license to provide SCS, must certify to
the Space Bureau and OIA that it has obtained all necessary
authorizations from the relevant country prior to initiation of
communications with earth stations in that country.
71. ECIP Program. The initial NPRM sought comment on eligibility
for the Enhanced Competition Incentive Program (ECIP), which the
Commission established in July 2022 to facilitate new opportunities for
small carriers and Tribal nations to increase access to spectrum, while
incorporating provisions to ensure against program waste, fraud and
abuse. Given that the framework is primarily intended to facilitate
provision of SCS to existing consumer handsets, and ECIP was adopted
with requirements tailored specifically towards provision of service
through terrestrial base stations, the Commission considered whether to
make SCS participants, necessarily engaged in leasing arrangements,
eligible for ECIP benefits which could reduce the economic impacts for
small carriers and Tribal nations. In the Report and Order, the
Commission declines to extend ECIP benefits to stakeholders that
presently intend to enter into leasing arrangements for the provision
of SCS. The Commission highlights that the provisions of SCS do not
align with the goals or entry criteria of the ECIP program and believes
it is in the public interest to allow the SCS marketplace and the ECIP
program to further develop before determining whether it is appropriate
for these two new Commission efforts to support one another.
G. Report to Congress
72. The Commission will send a copy of the Report and Order,
including the FRFA, in a report to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Report and Order, including the FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the Report and Order and FRFA (or
summaries thereof) will also be published in the Federal Register.
Ordering Clauses
73. Accordingly, it is ordered that, pursuant to the authority
found in 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), 157,
301, 303, 307, 308, 309, and 310, that the Report and Order and Further
Notice of Proposed Rulemaking is hereby adopted.
74. It is further ordered that the Report and Order shall be
effective 30 days after publication in the Federal Register, with the
exception of revisions to Sec. Sec. 1.9047(d)(2), 9.10(t)(3) through
(5), and 25.125(b)(1) and (2) and (c) of the Commission's rules, 47 CFR
1.9047(d)(2), 9.10(t)(3) through (5), and 25.125(b)(1) and (2) and (c),
which may contain new or modified information collection requirements
and will not be effective until after the Office of Management and
Budget completes any review the Wireless Telecommunications Bureau and
the Space Bureau determine is required under the Paperwork Reduction
Act and provide an effective date by subsequent Public Notice.
75. It is further ordered that, pursuant to section 4(i) of the
Communications Act, as amended, 47 U.S.C. 154(i), and Sec. 1.3 of the
Commission's rules, 47 CFR 1.3, the following rules are waived,
effective immediately upon adoption of the Report and Order and
extending until the date that is six months following the effective
date announced in the Public Notice issued pursuant to paragraph 268 in
the Report and Order, to the limited extent and as described herein:
Sec. Sec. 2.1043(c) and 2.911(c) and (e) of the Commission's rules, 47
CFR 2.1043(c) and 2.911(c) and (e). This temporary waiver is granted
only for the purpose of adding a part 25 designation to equipment
certifications granted on or before the 60th day after a summary of the
Report and Order is published in the Federal Register.
76. It is further ordered that the Commission's Office of the
Secretary, SHALL SEND a copy of the Report and Order and Further Notice
of Proposed Rulemaking, including the Final Regulatory Flexibility
Analysis and the Initial Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
77. It is further ordered that the Commission shall send a copy of
the Report and Order in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 1
Practice and procedure, Reporting and recordkeeping requirements,
Telecommunications, Wireless radio services.
47 CFR Part 2
Communications, Satellites, Telecommunications.
47 CFR Part 9
Communications common carriers, Communications equipment, Radio.
47 CFR Part 25
Administrative practice and procedure, Satellites.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1, 2, 9, and 25 as
follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.
0
2. Effective May 30, 2024, add Sec. 1.9047 to read as follows:
Sec. 1.9047 Special provisions relating to spectrum leasing
arrangements involving terrestrial spectrum rights for supplemental
coverage from space.
(a) Supplemental coverage from space. For purposes of this section,
supplemental coverage from space (SCS) has the same meaning as in Sec.
25.103 of this chapter.
(b) Geographically independent area (GIA). For purposes of this
section, geographically independent area (GIA) has the same meaning as
in Sec. 25.103 of this chapter.
(c) Part 25 SCS Entry Criteria. For purposes of this section, part
25 SCS Entry Criteria refers to the requirements
[[Page 34159]]
outlined in Sec. 25.125(a) and (b) of this chapter.
(d) Scope. Under this section, a licensee may enter into a spectrum
manager (see Sec. 1.9020) or de facto transfer (see Sec. Sec. 1.9030
and 1.9035) leasing or subleasing arrangement with a spectrum lessee in
only the bands identified in Sec. 2.106(d)(33)(i) of this chapter for
the purpose of meeting the part 25 SCS Entry Criteria.
(1) The licensee seeking to engage in spectrum leasing under this
section may do so under the following parameters:
(i) A single licensee that holds all co-channel licenses on the
relevant band in a GIA may enter into a leasing arrangement with one or
more satellite operators.
(ii) If there are multiple co-channel licensees that collectively
hold all co-channel licenses in a particular band throughout one of six
GIAs, the licensees may enter into spectrum leasing arrangements only
under one of the following conditions:
(A) One licensee holding a license in the GIA must enter into an
individual spectrum leasing arrangement with each of the other co-
channel licensees in that GIA. The licensee may then enter into a
leasing arrangement with one satellite operator; or
(B) One satellite operator may enter into individual leasing
arrangements with each of the relevant co-channel licensees that
together hold all co-channel licenses on the relevant band in the GIA.
(2) [Reserved]
(e) FirstNet. In order for the First Responder Network Authority
(FirstNet), as defined in 47 U.S.C. 1424, to fulfill the part 25 SCS
Entry Criteria, FirstNet must file an FCC Form 601 in the Universal
Licensing System (ULS) that:
(1) Describes the manner in which FirstNet has conveyed to its
satellite partner an authorization to utilize the 758-769/788-799 MHz
band or portions of the band;
(2) Identifies and describes the geographic area(s) and nature of
the proposed SCS operations; and
(3) Demonstrates how, under the agreement, the rights and
responsibilities of the satellite operator partner are substantively
the same as those of a lessee under this part.
(f) Subleasing. Notwithstanding the provisions of Sec. Sec.
1.9020(l) and 1.9030(k), an SCS spectrum lessee may sublease spectrum
usage rights subject to the following condition.
(1) Satellite operators may not enter into a spectrum subleasing
arrangement where there are multiple terrestrial licensees jointly
leasing their co-channel rights in a given GIA pursuant to paragraph
(d)(1)(ii) of this section.
(2) [Reserved]
(g) Construction/performance requirements. Notwithstanding the
provisions of Sec. Sec. 1.9020(d)(5)(i) and 1.9030(d)(5)(i), a
licensee may not attribute to itself the build-out or performance
activities of its SCS spectrum lessee(s) for purposes of complying with
any applicable performance or build-out requirement.
0
3. Delayed indefinitely, further amend Sec. 1.9047 by adding paragraph
(d)(2) to read as follows:
Sec. 1.9047 Special provisions relating to spectrum leasing
arrangements involving terrestrial spectrum rights for supplemental
coverage from space.
* * * * *
(d) * * *
(2) The spectrum lessee or sublessee seeking to engage in spectrum
leasing under this section must provide within the FCC Form 608:
(i) A certification that the parties are entering into the leasing
arrangement for the purpose of fulfilling the part 25 Entry Criteria;
(ii) A description of which method, single or multiple terrestrial
licensee, the parties are utilizing to meet the part 25 Entry Criteria;
and
(iii) If the parties are utilizing the spectrum leasing arrangement
outlined in paragraph (d)(1)(ii) of this section, the parties must:
(A) Describe the nature of the leasing arrangement(s); and
(B) Demonstrate how the entirety of the GIA is covered by the lease
arrangement(s).
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
4. 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
5. Effective May 30, 2024, amend Sec. 2.106 by:
0
a. Revising pages 30, 36, 37, and 38 in paragraph (a); and
0
b. Adding paragraph (d)(33)(i) and reserved paragraph (d)(33)(ii).
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
(a) * * *
BILLING CODE 6712-01-P
[[Page 34160]]
[GRAPHIC] [TIFF OMITTED] TR30AP24.059
[[Page 34161]]
[GRAPHIC] [TIFF OMITTED] TR30AP24.060
[[Page 34162]]
[GRAPHIC] [TIFF OMITTED] TR30AP24.061
[[Page 34163]]
[GRAPHIC] [TIFF OMITTED] TR30AP24.062
[[Page 34164]]
[GRAPHIC] [TIFF OMITTED] TR30AP24.063
BILLING CODE 6712-01-C
[[Page 34165]]
(d) * * *
(33) * * *
(i) NG33A The secondary MSS operations in the bands 614-652 MHz and
663-769 MHz, 775-799 MHz, and 805-806 MHz, 824-849 MHz and 869-894 MHz,
and 1850-1920 MHz and 1930-2000 MHz are limited to supplemental
coverage from space (SCS) and are subject to the Commission's SCS rules
in part 25 of this chapter.
(ii) [Reserved]
* * * * *
PART 9--911 REQUIREMENTS
0
6. The authority citation for part 9 continues to read as follows:
Authority: 47 U.S.C. 151-154, 152(a), 155(c), 157, 160, 201,
202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303,
307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615
note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721,
and 1471, and Section 902 of Title IX, Division FF, Pub. L. 116-260,
134 Stat. 1182, unless otherwise noted.
0
7. Effective May 30, 2024, amend Sec. 9.10 by revising paragraph (a)
introductory text and adding paragraph (t) to read as follows:
Sec. 9.10 911 Service.
(a) Scope of section. Except as described in paragraph (r) of this
section, the following requirements of paragraphs (a) through (t) of
this section are only applicable to CMRS providers, excluding mobile
satellite service (MSS) operators, to the extent that they:
* * * * *
(t) Interim 911 requirements for supplemental coverage from space--
(1) Supplemental coverage from space. For purposes of this paragraph
(t), supplemental coverage from space (SCS) has the same meaning as in
part 25, subpart A, of this chapter; SCS 911 calls are 911 calls (as
defined in Sec. 9.3) that are carried over satellite facilities
pursuant to a CMRS provider's SCS arrangement; and an SCS 911 text
message is a 911 text message (as defined in paragraph (q)(9) of this
section) that is carried over satellite facilities pursuant to a CMRS
provider's SCS arrangement.
(2) Call Transmission requirements. For purposes of delivering SCS
911 voice calls and SCS 911 text messages, CMRS providers must either:
(i) Use information regarding the location of a device, including
but not limited to device-based location information, to route SCS 911
voice calls and SCS 911 text messages to an appropriate PSAP and
transmit the phone number of the device used to send the SCS 911 voice
call or SCS 911 text message and available location information to an
appropriate PSAP; or
(ii) Use an emergency call center, at which emergency call center
personnel must determine the emergency caller's phone number and
location and then transfer or otherwise direct the 911 caller to an
appropriate PSAP.
0
8. Delayed indefinitely, further amend Sec. 9.10 by adding paragraphs
(t)(3) through (5) to read as follows:
Sec. 9.10 911 Service.
* * * * *
(t) * * *
(3) Reporting. Each CMRS provider that utilizes SCS arrangements to
expand its coverage areas for providing service to its end-user
subscribers must maintain records of all SCS 911 voice calls and SCS
911 text messages received on its network and received at its emergency
call center. By October 15 of each year, each CMRS provider that
utilizes SCS arrangements to expand its coverage areas for providing
service to its end-user subscribers must submit a report to the
Commission regarding SCS 911 voice calls and 911 text messages, and its
emergency call center data, current as of September 30 of that year.
CMRS providers that utilize SCS arrangements to expand their coverage
areas for providing service to their end-user subscribers must submit
this certification in the Commission's Electronic Comment Filing
System. These reports must include, at a minimum, the following:
(i) The name and address of the CMRS provider, the address of that
CMRS provider's emergency call center, and the contact information of
the emergency call center;
(ii) The aggregate number of SCS 911 voice calls and SCS 911 text
messages received by the network of the CMRS provider that provides SCS
service to its end-user subscribers during each month during the
relevant reporting period;
(iii) The aggregate number of SCS 911 voice calls and SCS 911 text
messages received by the emergency call center each month during the
relevant reporting period;
(iv) The aggregate number of SCS 911 voice calls and SCS 911 text
messages received by the emergency call center each month during the
relevant reporting period that required forwarding to a PSAP and how
many did not require forwarding to a PSAP;
(v) The aggregate number of SCS 911 voice calls that were routed
using location information that met the timeliness and accuracy
thresholds defined in paragraphs (s)(3)(i)(A) and (B) of this section;
(vi) The aggregate number of SCS 911 voice calls and SCS 911 text
messages that were routed using location information that did not meet
the timeliness and accuracy thresholds defined in paragraphs
(s)(3)(i)(A) and (B) of this section; and
(vii) An explanation of how the SCS deployment, including network
architecture, systems, and procedures, will support routing SCS 911
voice calls and SCS 911 text messages to the geographically appropriate
PSAP with sufficient location information in compliance with paragraph
(t)(2) of this section.
(4) Certification. CMRS providers that utilize SCS arrangements to
expand their coverage areas for providing service to their end-user
subscribers must certify on a one-time basis that neither they nor any
third party they rely on to obtain location information or associated
data used for compliance with paragraph (t)(2)(i) or (ii) of this
section will use such location information or associated data for any
non-911 purpose, except with prior express consent or as otherwise
permitted or required by law. The certification must state that the
CMRS provider and any third parties it relies on to obtain location
information or associated data used for compliance with paragraph
(t)(2)(i) or (ii) have implemented measures sufficient to safeguard the
privacy and security of such location information or associated data.
CMRS providers that utilize SCS arrangements to expand their coverage
areas for providing service to their end-user subscribers must submit
this one-time certification in the Commission's Electronic Comment
Filing System on the due date of the first report made under paragraph
(t)(3) of this section.
(5) Subscriber notification. Each CMRS provider that utilizes SCS
arrangements to expand its coverage areas for providing service to its
end-user subscribers shall specifically advise every subscriber, both
new and existing, in writing prominently and in plain language, of the
circumstances under which 911 service for all SCS 911 calls, or SCS 911
text messages may not be available via SCS or may be in some way
limited by comparison to traditional enhanced 911 service.
PART 25--SATELLITE COMMUNICATIONS
0
9. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
[[Page 34166]]
0
10. Effective May 30, 2024, amend Sec. 25.103 by adding definitions
for ``Geographically independent area (GIA)'', ``SCS earth stations'',
and ``Supplemental coverage from space (SCS)'' in alphabetical order to
read as follows:
Sec. 25.103 Definitions.
* * * * *
Geographically independent area (GIA). Any of the following six
areas:
(1) CONUS;
(2) Alaska;
(3) Hawaii;
(4) American Samoa;
(5) Puerto Rico/U.S. Virgin Islands; and
(6) Guam/Northern Mariana Islands.
* * * * *
SCS earth stations. Any earth station used for the provision of
supplemental coverage from space consistent with Sec. 25.115(q).
* * * * *
Supplemental coverage from space (SCS). The provision of coverage
to terrestrial wireless subscribers through an arrangement or agreement
(see Sec. 1.9047 of this chapter) between one or more NGSO or GSO
operator(s) and one or more terrestrial wireless licensee(s), involving
transmissions between space stations and SCS earth stations. NGSO and
GSO operators and terrestrial wireless service licensees seeking to
provide SCS must be authorized in compliance with Sec. 25.125.
* * * * *
0
11. Effective May 30, 2024, amend Sec. 25.109 by adding paragraph (f)
to read as follows:
Sec. 25.109 Cross-reference.
* * * * *
(f) Space and SCS earth stations providing SCS are subject to
technical rules in parts 2, 22, 24, and 27 of this chapter where
applicable.
0
12. Effective May 30, 2024, amend Sec. 25.114 by adding paragraph
(a)(4) to read as follows:
Sec. 25.114 Applications for space station authorizations.
(a) * * *
(4) For an application filed pursuant to the SCS procedure in Sec.
25.125, the filing must be submitted on FCC Form 312, Main Form and
Schedule S, with attached exhibits as required by paragraph (d) of this
section, and must constitute a comprehensive proposal.
* * * * *
0
13. Effective May 30, 2024, amend Sec. 25.115 by adding paragraph (q)
to read as follows:
Sec. 25.115 Applications for earth station authorizations.
* * * * *
(q) SCS earth stations. An applicant seeking to use SCS earth
stations to provide SCS must comply with Sec. 25.125.
(1) A satellite operator licensed under Sec. 25.125 to provide SCS
is permitted to communicate with all terrestrial wireless licensee(s)-
associated SCS earth stations that have been approved for such use
under part 2 of this chapter.
(i) Such earth stations must show compliance with this part and at
least one of either part 22, 24, or 27 of this chapter to provide SCS
within the technical parameters and provisions associated with the
device certification.
(ii) The device certification must show compliance with the
licensed parameters of the terrestrial wireless license(s) and at least
one of either part 22, 24, or 27 of this chapter, as applicable.
(2) An earth station may be used for the provision of SCS when:
(i) The satellite operator licensed under Sec. 25.125 is a party
to a valid and approved spectrum leasing arrangement or agreement
pursuant to Sec. 1.9047 of this chapter with at least one terrestrial
wireless licensee(s) licensed under one of either part 22, 24, or 27 of
this chapter; and
(ii) That terrestrial wireless licensee(s) has met and operates
within all conditions associated with the relevant terrestrial wireless
license(s).
(3) A satellite operator authorized to provide SCS under Sec.
25.125 is authorized under paragraph (q)(1) of this section to
communicate with SCS earth stations for any period during which each of
the following apply:
(i) The service is provided during the valid duration of any
spectrum leasing arrangement or agreement pursuant to Sec. 1.9047 of
this chapter between the terrestrial wireless licensee(s) and satellite
operator;
(ii) The devices to which service is provided are certified under
part 2 of this chapter; and
(iii) The terrestrial wireless licensee(s) is a valid licensee(s)
under part 22, 24, or 27 of this chapter.
(4) A satellite operator with SCS authorization via a market access
grant can avail itself of the provisions of this paragraph (q) but, in
addition to the parameters established in paragraphs (q)(1) and (2) of
this section, must also comply with any additional parameters included
in the satellite operator's space station market access grant.
(5) A satellite operator operating in conformance with the
parameters established in this part does not need a separate earth
station authorization for the provision of SCS under this part.
0
14. Effective May 30, 2024, amend Sec. 25.117 by adding paragraph (j)
to read as follows:
Sec. 25.117 Modification of station license.
* * * * *
(j) An application for modification of a space station
authorization to provide SCS must comply with Sec. 25.125.
0
15. Effective May 30, 2024, add Sec. 25.125 to read as follows:
Sec. 25.125 Applications for supplemental coverage from space (SCS).
(a) SCS entry criteria. This section applies only to applicants
seeking to provide SCS. An applicant for SCS space station
authorization must hold either an existing NGSO or GSO license or grant
of U.S. market access under this part, or must be seeking a NGSO or GSO
license or grant of U.S. market access under this part, and must have a
lease arrangement(s) or agreement pursuant to Sec. 1.9047 of this
chapter with one or more terrestrial wireless licensee(s) that hold,
collectively or individually, all co-channel licenses throughout a GIA
in a band identified in Sec. 2.106(d)(33)(i) of this chapter.
Applicants for SCS space stations must comply with the requirements set
forth in paragraph (b) of this section.
(b) SCS space station application requirements. An applicant
seeking a space station authorization to provide SCS must either submit
an application requesting modification of a current NGSO or GSO license
or grant of U.S. market access under this part, or an application
seeking a new NGSO or GSO license or grant of U.S. market access under
this part.
(1)-(2) [Reserved]
(3) Applications to modify an authorization under this part to
provide SCS and applications seeking to provide SCS in the bands
identified in Sec. 2.106(d)(33)(i) of this chapter will not be subject
to the processing round procedures or first-come, first-served
procedures in Sec. Sec. 25.137, 25.157, and 25.158.
(c) [Reserved]
(d) Effective date and continued operation of SCS authorization.
SCS authorization will be deemed effective in the Commission's records
and for purposes of the application of the rules set forth in this
section after each of the following requirements is satisfied:
(1) Grant of:
(i) A modification application under this part or request for
modification of a grant of market access; or
(ii) An application to launch and operate or market access;
[[Page 34167]]
(2) Approval of a leasing arrangement(s) or agreement(s) under part
1 of this chapter (see Sec. 1.9047 of this chapter); and
(3) Grant of a valid SCS earth station equipment certification
under part 2 of this chapter.
(e) SCS earth station equipment certification requirements.
Applicants for certification for SCS earth stations for use with a
satellite system must meet all requirements for equipment certification
and equipment test data necessary to demonstrate compliance with
pertinent standards under part 22, 24, or 27 of this chapter as
applicable.
0
16. Delayed indefinitely, further amend Sec. 25.125 by adding
paragraphs (b)(1) and (2) and (c) to read as follows:
Sec. 25.125 Applications for supplemental coverage from space (SCS).
* * * * *
(b) * * *
(1) The application must include a certification that:
(i) A lease notification(s) or application(s), pursuant to Sec.
1.9047 of this chapter, where a single terrestrial wireless licensee
holds or multiple co-channel licensees collectively hold all co-channel
licenses within the relevant GIA in the bands identified in Sec.
2.106(d)(33)(i) of this chapter, or as it pertains to FirstNet, an
agreement, is on file with the Commission;
(ii) The current space station licensee under this part or grantee
of market access for NGSO or GSO satellite operation under this part
seeks modification of authority to provide SCS in the same geographic
areas covered in the relevant GIA, or the applicant for a space station
license under this part or grant of market access for NGSO or GSO
satellite operation under this part seeks to provide SCS in the same
geographic areas covered in the relevant GIA; and
(iii) SCS earth stations will qualify as ``licensed by rule'' earth
stations under Sec. 25.115(q).
(2) The application must include a comprehensive proposal for the
prospective SCS system on FCC Form 312, Main Form and Schedule S, as
described in Sec. 25.114, together with the certification described in
paragraph (b)(1) of this section and include a list of the file and
identification numbers associated with the relevant leasing
notification(s) under part 1 of this chapter, application(s), and FCC
Form 601(s), with a brief description of the coverage areas that will
be served, domestically and internationally.
* * * * *
(c) Equipment authorization for SCS earth stations. Each SCS earth
station used to provide SCS under this section must meet the equipment
authorization requirements under paragraph (e) of this section and all
equipment authorization requirements for all intended uses of the
device pursuant to the procedures specified in part 2 of this chapter
and the requirements of at least one of part 22, 24, or 27 of this
chapter.
* * * * *
0
17. Effective May 30, 2024, amend Sec. 25.137 by revising paragraphs
(b) and (f) to read as follows:
Sec. 25.137 Requests for U.S. market access through non-U.S.-licensed
space stations.
* * * * *
(b) Any request pursuant to paragraph (a) of this section must be
filed electronically through the International Communications Filing
System and must include an exhibit providing legal and technical
information for the non-U.S.-licensed space station of the kind that
Sec. 25.114, Sec. 25.122, Sec. 25.123, or Sec. 25.125 would require
in a license application for that space station, including but not
limited to information required to complete Schedule S. An applicant
may satisfy the requirement in this paragraph (b) by cross-referencing
a pending application containing the requisite information or by citing
a prior grant of authority to communicate via the space station in
question in the same frequency bands to provide the same type of
service.
* * * * *
(f) A non-U.S.-licensed space station operator that has been
granted access to the United States market pursuant to a declaratory
ruling may modify its U.S. operations under the procedures set forth in
Sec. Sec. 25.117(d), (h), and (j) and 25.118(e).
* * * * *
0
18. Effective May 30, 2024, amend Sec. 25.161 by adding paragraph (e)
to read as follows:
Sec. 25.161 Automatic termination of station authorization.
* * * * *
(e) The failure to provide any SCS on all or some of the SCS
authorized frequencies for more than 90 days. In this instance, the
authorization will be terminated in whole or in part with respect to
the relevant frequencies on which SCS has not been operational for more
than 90 days in the United States, unless specific authority is
requested.
0
19. Effective May 30, 2024, amend Sec. 25.202 by adding paragraph (k)
read as follows:
Sec. 25.202 Frequencies, frequency tolerance, and emission limits.
* * * * *
(k) Space station downlinks operating as SCS under the provisions
of Sec. 25.125 and Sec. 2.106(d)(33)(i) of this chapter are subject
to the following rules.
(1) Out of band emission limits. Notwithstanding the emission
limitations of paragraph (f) of this section, the aggregation of all
space station downlink emissions outside a licensee's SCS frequency
band(s) of operation shall not exceed a power flux density of -120 dBW/
m\2\/MHz at 1.5 meters above ground level.
(2) Interference caused by out of band emissions. If any emission
from a transmitter operating in the SCS service results in harmful
interference to users of another radio service, the FCC may require a
greater attenuation of the emission than specified in this section.
0
20. Effective May 30, 2024, amend Sec. 25.204 by revising the section
heading and adding paragraph (g) to read as follows:
Sec. 25.204 Power and out-of-band emission limits for earth stations.
* * * * *
(g) SCS earth stations providing SCS pursuant to Sec. Sec. 25.125
and 25.115 shall comply with the power requirements and out-of-band
emission limits corresponding to devices operating in part 22, 24, or
27 of this chapter (e.g., Sec. 22.913, Sec. 24.232, or Sec. 27.50),
as required for their operating frequencies.
0
21. Effective May 30, 2024, amend Sec. 25.208 by revising the section
heading and adding paragraph (w) to read as follows:
Sec. 25.208 Power flux-density and in-band field strength limits.
* * * * *
(w) The aggregate field strength at the earth's surface produced by
all visible beams and satellites within each satellite constellation
providing SCS service as they move over any given point or area in
bands authorized by NG33A in the United States Table of Frequency
Allocations and Sec. 25.125 must meet:
(1) 40 dB[mu]V/m for the 600 MHz, 700 MHz, and 800 MHz bands; and
(2) 47 d[mu]V/m for the AWS and PCS bands; and
(3) Licensees must comply with all applicable provisions and
requirements of treaties and other international agreements between the
United States Government and the governments of other countries,
including Canada and Mexico. Absent specific international agreements
regarding SCS, licensees must comply with the limited provided
[[Page 34168]]
in paragraphs (w)(1) and (2) of this section.
[FR Doc. 2024-06669 Filed 4-29-24; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.