Proposed Rule2025-04008
Review of the Commission's Rules Governing the 896-901/935-940 MHz Band
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 17, 2025
Issuing agencies
Federal Communications Commission
Abstract
In the document, the Federal Communications Commission (Commission) seeks comment on a proposed voluntary, negotiation-based process to transition the entire ten megahertz in the 900 MHz band for broadband use in counties where applicants and licensees reach private agreements to do so. In order to implement this proposed framework, the Commission seeks comment on whether the current 900 MHz broadband rules, such as the eligibility criteria, application requirements and procedures, licensing and operating rules, and technical requirements, are the appropriate vehicles for effectuating a ten megahertz broadband licensing framework. Additionally, pursuant to the Order, the Commission delegates to the Wireless Telecommunications Bureau of the Commission the authority to modify or terminate the current freeze on certain applications in the 900 MHz band.
Full Text
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<title>Federal Register, Volume 90 Issue 50 (Monday, March 17, 2025)</title>
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[Federal Register Volume 90, Number 50 (Monday, March 17, 2025)]
[Proposed Rules]
[Pages 12272-12286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04008]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 27, 90
[WT Docket No. 24-99; FCC 25-8; FR ID 280144]
Review of the Commission's Rules Governing the 896-901/935-940
MHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In the document, the Federal Communications Commission
(Commission) seeks comment on a proposed voluntary, negotiation-based
process to transition the entire ten megahertz in the 900 MHz band for
broadband use in counties where applicants and licensees reach private
agreements to do so. In order to implement this proposed framework, the
Commission seeks comment on whether the current 900 MHz broadband
rules, such as the eligibility criteria, application requirements and
procedures, licensing and operating rules, and technical requirements,
are the appropriate vehicles for effectuating a ten megahertz broadband
licensing framework. Additionally, pursuant to the Order, the
Commission delegates to the Wireless Telecommunications Bureau of the
Commission the authority to modify or terminate the current freeze on
certain applications in the 900 MHz band.
DATES: Comments are due on or before May 16, 2025; and reply comments
are due on or before June 16, 2025.
ADDRESSES:
Electronic filers: Comments may be filed electronically using the
internet by accessing the Commission's Electronic Comment Filing System
(ECFS): <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>.
Paper Filers: Parties who choose to file by paper must file an
original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by hand or messenger delivery,
by commercial courier, or by the U.S. Postal Service. All filings must
be addressed to the Secretary, Federal Communications Commission. Hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary are accepted between 8 a.m. and 4 p.m. by the FCC's mailing
contractor at 9050 Junction Drive, Annapolis Junction, MD 20701. All
hand deliveries must be held together with rubber bands or fasteners.
Any envelopes and boxes must be disposed of before entering the
building. Commercial courier deliveries (any deliveries not by the U.S.
Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701. Filings sent by U.S. Postal Service First-Class
Mail, Priority Mail, and Priority Mail Express must be sent to 45 L
Street NE, Washington, DC 20554.
People with Disabilities: Contact the FCC to request reasonable
accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#f9bfbabaccc9cdb99f9a9ad79e968f"><span class="__cf_email__" data-cfemail="93d5d0d0a6a3a7d3f5f0f0bdf4fce5">[email protected]</span></a> or phone: 202-418-
0530.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Morgan Mendenhall of the Wireless
Telecommunications Bureau (WTB), Mobility Division, at 202-418-0154 or
<a href="/cdn-cgi/l/email-protection#65080a1702040b4b08000b01000b0d040909250306064b020a13"><span class="__cf_email__" data-cfemail="4e23213c292f2060232b202a2b20262f22220e282d2d60292138">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) and Order, document FCC 25-8, adopted on
January 15, 2025, and released on January 16, 2025, in WT Docket No.
24-99. The full text of this document is available for public
inspection at the following internet address: <a href="https://www.fcc.gov/document/fcc-seeks-increase-broadband-services-900-mhz-band">https://www.fcc.gov/document/fcc-seeks-increase-broadband-services-900-mhz-band</a>.
Providing Accountability Through Transparency Act. Consistent with
the Providing Accountability Through Transparency Act, Public Law 118-
9, a summary of this document is available on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Synopsis
1. In 2020, the Commission realigned the 900 MHz band to make
available six of the band's ten megahertz for the deployment of
broadband services and technologies. To facilitate a rapid transition,
the Commission adopted a negotiation-based mechanism that, if private
agreements are reached, would make available on a county-by-county
basis six megahertz of low-band spectrum for the development of
broadband technologies and services (also referred to as ``3/3''
broadband because of the paired 3 megahertz spectrum), while reserving
the remaining four megahertz of the band for continued narrowband
operations. The Commission also implemented a framework whereby it
would issue new initial licenses to applicants meeting certain
eligibility requirements. The Commission also created rules that permit
a 900 MHz broadband licensee to relocate mandatorily a limited
percentage of covered incumbents--except those with complex systems--
from the new broadband segment by paying reasonable relocation costs,
including providing comparable facilities. In addition, the Commission
adopted operational and technical rules to minimize harmful
interference to narrowband operations. The Commission also issued an
Order of Proposed Modification regarding AAR's 900 MHz nationwide
ribbon license to prevent disruptions to the railways, enhance rail
safety, and fully clear a
[[Page 12273]]
virtually nationwide incumbent from the 3/3 900 MHz broadband segment.
2. On February 28, 2024, ten entities filed a petition for
rulemaking asking the Commission to adopt a framework that would
increase the existing broadband allocation in the 900 MHz band by
providing an option for ten megahertz broadband (or ``5/5'' broadband)
networks in the band. Petitioners stated that this ten megahertz
broadband spectrum opportunity will aid in ensuring that utilities,
critical infrastructure, and business enterprise entities have access
to additional capacity to support their 900 MHz private wireless
broadband deployments. Under their proposed plan, Petitioners asserted
that narrowband incumbents would remain protected under the existing
framework in the rules and would only vacate an existing narrowband
segment to allow 5/5 megahertz broadband operations if the relevant
parties made a private agreement to do so. Petitioners suggested that
no changes are necessary to the current harmful interference,
technical, or performance requirement rules to implement 5/5 megahertz
broadband operations. Likewise, Petitioners proposed that, as with the
current rules, the licensee of an authorization for an 5/5 900 MHz
broadband segment could be required to make any necessary anti-windfall
payments to the U.S. Treasury.
3. In the NPRM, the Commission proposes to implement a framework to
transition the entire ten megahertz in the 900 MHz band for broadband
use and seeks comment on the eligibility criteria, application
requirements and procedures, licensing and operating rules, and
technical requirements, among other issues. Additionally, in the Order,
the Commission delegates authority to WTB to modify or terminate the
current freeze on certain applications in the 900 MHz band.
Enabling Increased Broadband Deployment in the 900 MHz Band
4. Band Realignment to Create a 5/5 900 MHz Broadband Segment. In
the NPRM, the Commission proposes to realign the 900 MHz band to create
a 5/5 megahertz broadband segment that would be available on an
optional and voluntary basis and in a manner that ensures the
protection of incumbent and adjacent band licensees. The Commission
seeks comment on whether this proposal aligns with and further advances
the Commission's important goals for this band to create additional
market-driven opportunities for robust broadband networks, while
maintaining the narrowband option for B/ILT and SMR spectrum users.
Additionally, the Commission seeks comment on whether this proposal
furthers important goals of the Communications Act of 1934, as amended
(the Act), including improving the efficiency of spectrum use.
5. The Commission proposes to designate the 896-897.5 MHz, 900.5-
901 MHz, 935-936.5 MHz, and 939.5-940 MHz segments as a Miscellaneous
Wireless Communications Service governed by part 27 of the Commission's
rules and add an informational reference to ``Wireless Communications
(Part 27)'' in the Table of Frequency Allocations. The Commission seeks
comment on this proposal and the conclusion that the proposed approach
is consistent with the Commission's authority in section 303(y) of the
Act. The Commission seeks comment on the proposal to designate the
entire band for broadband operation, the costs and benefits of this
proposal, and any alternative proposals, and asks commenters to further
develop the record by explaining why a ten megahertz broadband segment
in the band is appropriate at this time.
6. Voluntary, Negotiation-based Transition. The Commission
tentatively concludes that a market-driven, voluntary exchange process
is the best approach for relocating site-based and geographic-based
incumbents and further transitioning all ten megahertz in the 900 MHz
band for broadband use, and seeks comment on this proposal.
Additionally, the proposal in the NPRM will preserve the right to
mandatorily relocate the remaining 10% (or less) of covered incumbents,
if any, except for complex systems, only as it pertains to the 3/3 900
MHz broadband segment for both 3/3 900 MHz broadband licensees and 5/5
900 MHz broadband licensees. However, a 5/5 broadband applicant must
negotiate a full, voluntary clearing or protection of all incumbents in
the current four megahertz 900 MHz narrowband segment. The Commission
seeks comment on this proposal and alternatives, such as allowing
mandatory relocation across the entire ten megahertz of spectrum in the
900 MHz band under certain circumstances. The Commission seeks comment
on continuing to protect complex systems, as defined in the rules, and
whether the definition of complex systems should be maintained. The
Commission asks commenters to address whether and how the Commission
should be involved in the relocation of incumbents, especially because
the entire 900 MHz band would be authorized for broadband, and any
holdout incumbents would be relocated out of the 900 MHz band.
Commenters that support a mandatory relocation provision or an
alternative approach should also explain whether any of our current
rules would need to be altered in order to facilitate implementation in
the 5/5 broadband context.
7. Finally, the Commission has noted that it has broad authority to
determine in the public interest what licensing scheme fits best with
the characteristics of particular bands and services and tentatively
concludes that itis authorized under section 309 of the Act to adopt a
framework that would allow a complete transition of the 900 MHz band to
broadband where incumbents and applicants can voluntarily negotiate a
transition. The Commission seeks comment on this tentative conclusion.
8. Eligibility for a 5/5 900 MHz Broadband License. To effectuate
the framework that proposed in the NPRM, the Commission tentatively
concludes that the eligibility requirements for a 5/5 900 MHz broadband
license will generally mirror the current eligibility requirements for
a 3/3 900 MHz broadband license, with key differences as noted below.
Specifically, the Commission proposes that in order for an applicant to
be eligible for a 5/5 megahertz broadband license in a county, it must:
(1) hold the licenses for more than 50% of the total amount of licensed
900 MHz spectrum (narrowband or broadband) for the relevant county; (2)
sufficiently show that, as it pertains to the 3/3 broadband segment
(897.5-900.5 MHz/936.5-939.5 MHz), the prospective licensee either: (a)
holds a 3/3 900 MHz broadband license in the relevant county; or (b)
itself holds, or has reached an agreement to clear through acquisition
or relocation, or has demonstrated how it will provide harmful
interference protection to, 90% or more of covered incumbent licensees
collectively holding licenses in that segment, in the county and within
70 miles of the county boundary and geographically licensed channels
where the license area completely or partially overlaps the county; and
(3) reach an agreement to clear through acquisition or relocation, or
demonstrate how it will provide harmful interference protection to, all
covered incumbent licensees collectively holding licenses in the
narrowband segments in the county and within 70 miles of the county
boundary and geographically licensed channels where the license area
completely or partially overlaps the county. The Commission seeks
comment on the proposed eligibility requirements. The Commission also
seeks comment on alternative eligibility criteria, such as whether to
include incumbent licenses
[[Page 12274]]
where a broadband applicant negotiates a cancelation of the incumbent
license for purposes of meeting the eligibility requirements or whether
to adopt stricter eligibility requirements for 5/5 broadband licenses
overall.
9. Application Requirements and Procedures for a 5/5 900 MHz
Broadband License. The Commission tentatively concludes that it will
apply similar application requirements and implementation procedures,
with minor modifications, to 5/5 900 MHz broadband applications,
including requiring an Eligibility Certification and Transition Plan
for applications, as currently apply to 3/3 900 MHz broadband
applications, and seeks comment on this conclusion. The Commission will
use the information an applicant provides in its Eligibility
Certification and Transition Plan to determine whether a grant of a 900
MHz broadband license is in the public interest. In the Eligibility
Certification and Transition Plan, the Commission proposes requiring
the 5/5 broadband license applicant to submit all information necessary
to determine the validity of the applicant's eligibility, including
information necessary to assess its ability to acquire, relocate, or
protect covered incumbents.
10. In particular, the Commission proposes that a 5/5 broadband
license application must include an Eligibility Certification that, at
a minimum, shows that the applicant meets the specific edibility
criteria proposed above. In addition, the Commission proposes that the
5/5 broadband license application must include a Transition Plan in
which (1) the applicant must show it has reached an agreement to
relocate or protect the necessary incumbent licensees collectively
holding licenses in the 900 MHz band in the county and within 70 miles
of the county boundary and geographically licensed channels where the
license area completely or partially overlaps the county, and (2) that
applicants must describe in detail all information and actions
necessary to accomplish the realignment to either 3/3 megahertz
broadband or 5/5 megahertz broadband. The Commission seeks comment on
these proposals, and alternatives. The Commission also seeks comment on
whether narrowband licensees should be required to file Transition
Plans. Further, the Commission proposes that the 5/5 broadband license
applicant include in its Transition Plan a certification from a FCC-
certified frequency coordinator that the Transition Plan's
representations can be implemented consistent with Commission rules and
seeks comment on this proposal. Finally, the Commission proposes that
applicants seeking to transition multiple counties simultaneously may
file a single Transition Plan that covers all of its county-based
applications.
11. The Commission proposes to commence the 5/5 broadband
transition by issuing a public notice announcing the date that the
Commission will begin accepting applications on a rolling basis
consistent with the proposed eligibility and application requirements
and seeks comment on this proposal and any other issues relating to the
filing of applications. The Commission also proposes that,
notwithstanding the presence of incumbents in the 5/5 broadband segment
requiring clearing by agreement, the timeline for complying with the
applicable construction obligations will commence upon the Commission's
grant of the new license. The Commission seeks comment on these
proposals and on any alternative procedures that the Commission should
consider for the 5/5 900 MHz broadband framework.
Anti-Windfall Provisions
12. To facilitate the proposed voluntary exchange process and to
mitigate the risk of an undue windfall to the prospective broadband
licensee, the Commission proposes that a 5/5 broadband applicant would
be required to return all narrowband licenses and 3/3 broadband
license(s), if applicable, up to ten megahertz, that it holds in the
counties in which the applicant seeks a 5/5 900 MHz broadband license.
In addition, the applicant would make a monetary payment to the U.S.
Treasury, prior to the grant of a 5/5 900 MHz broadband license, to
account for any difference between the amount of spectrum that the
applicant surrenders and what will be provided from the Commission's
inventory. The Commission seeks comment on this proposal as well as
related questions that may arise in a 5/5 broadband transition. The
Commission also seeks comment generally on the risks that a prospective
5/5 broadband licensee would realize an undue windfall in markets where
a voluntary exchange is achieved, and on what actions may be necessary
to mitigate such risks.
13. The Commission seeks comment on questions related to altering
anti-windfall provisions to account for various circumstances. The
Commission proposes to make a one-time adjustment to the anti-windfall
payment calculation to account for inflation since 2020, and seeks
comment on whether to adjust the anti-windfall calculation for
inflation on a one-time basis or annually. The Commission tentatively
concludes that the 600 MHz auction prices remain the best valuation
source for anti-windfall payments for 900 MHz broadband licenses and
that it has statutory authority to require a mandatory anti-windfall
payment for a 5/5 broadband transition. The Commission seeks comment on
both conclusions.
Licensing and Operating Rules for 5/5 900 MHz Broadband Licenses
14. In the proposed 5/5 broadband framework, the Commission
proposes to designate the entire 900 MHz band as a Miscellaneous
Wireless Communications Service governed by part 27 of the Commission's
rules and tentatively concludes that the current licensing and
operating rules that apply to the 3/3 broadband licenses will also
apply to the 5/5 broadband licenses. The Commission seeks comment on
this approach and ask commenters to identify any aspects of our general
part 27 service rules that should be modified to accommodate the
characteristics of the proposed 5/5 900 MHz broadband framework.
15. License Area. In order to effectuate our proposed framework,
the Commission proposes to continue to license all broadband operations
in the 900 MHz band on a geographic-area basis by county, defined using
the United States Census Bureau's data reflecting county legal
boundaries and names valid through January 1, 2017. The Commission
seeks comment on this and whether alternative license areas should be
considered and the costs and benefits of the various approaches for the
most suitable license area for 900 MHz band 5/5 broadband licenses,
especially with respect to rural areas.
16. License Term. As with the 3/3 900 MHz broadband segment, the
Commission proposes that authorizations for 5/5 broadband licenses will
have a term not to exceed 15 years from the date of the grant and 10
years from the date of any subsequent renewal. Further, where a 3/3
broadband licensee seeks to expand its current broadband authorization
by applying for a 5/5 broadband license, the Commission proposes that
the former license term(s) will no longer apply and instead the new 5/5
broadband 15-year initial and 10-year subsequent license terms, from
the date of the grant of the 5/5 broadband license, will apply to all
of the authorized frequencies. The Commission seeks comment on these
proposals, as well as alternate proposals for the appropriate license
term.
17. Performance Requirements. The Commission also tentatively
concludes that the current performance
[[Page 12275]]
requirements for 900 MHz broadband licensees will apply in the 5/5
broadband context. The Commission typically establishes performance
requirements to ensure that spectrum is intensely and efficiently
utilized, and it has applied different performance and construction
requirements to different spectrum bands based on considerations
relevant to those bands. Accordingly, to ensure that licensees begin
providing service to consumers in a timely manner, the Commission
proposes to apply our current performance requirement rules whereby a
5/5 900 MHz broadband licensee must: (1) provide reliable signal
coverage and offer broadband service; and (2) meet either (a) a
population coverage requirement, or (b) a geographic coverage
requirement. The Commission also proposes that current 3/3 broadband
licensees that expand their operations by applying for and receiving a
5/5 broadband license will receive two separate performance requirement
deadlines--performance deadlines associated with its former 3/3
broadband license will continue to apply to those licenses, and
performance deadlines for the newly authorized spectrum will commence
upon grant of the 5/5 broadband license and apply throughout its term.
The Commission proposes that the period for complying with these
performance requirements would begin on the date that the license is
granted. The Commission tentatively concludes that 12 years from the
date of license grant will provide sufficient time for any 5/5 900 MHz
broadband licensee to meet the proposed coverage requirements. After
satisfying the 12-year, final performance benchmark, a 5/5 900 MHz
broadband licensee would be required to continue to provide reliable
signal coverage and offer service at or above that level for the
remaining three years in the proposed 15-year license term in order to
warrant license renewal. The Commission seeks comment on these
proposals, including whether the proposals represent the appropriate
balance between license-term length and a significant final performance
benchmark and on the proposed performance requirements and any
potential alternatives.
18. The Commission also seeks comment on whether narrowband
licensees in the 900 MHz band should be required to satisfy more
stringent performance requirements than those set forth in our existing
rules, whether or not those licensees ultimately agree to relocate
their facilities.
19. Broadband Requirement. The Commission proposes to require 5/5
900 MHz broadband licensees to deploy broadband technologies and offer
broadband services to satisfy the proposed performance requirements. A
5/5 900 MHz broadband licensee could meet a safe harbor by offering
broadband if the service has the following minimum features: provide 5/
5 megahertz 3GPP standard LTE service offering for advanced services,
basing its LTE network on 3GPP standard release 8 or a later release.
The Commission seeks comment on this proposal and alternative
approaches to the current broadband safe harbor rule that may be more
appropriate in the 5/5 broadband context.
20. Penalties. In conjunction with our suggested performance
benchmarks, the Commission proposes that if a 5/5 900 MHz broadband
licensee fails to meet the interim performance benchmark, the licensee
would be required to meet the final performance benchmark two years
sooner (i.e., at 10 years into the license term) and would have a
reduced license term from 15 years to 13 years. Moreover, the
Commission proposes that if a 5/5 900 MHz broadband licensee fails to
meet the final performance benchmark, its authorization for that
license area will terminate automatically without Commission action.
Further, consistent with the Commission's rules for other broadband
licenses, the Commission proposes that any 5/5 900 MHz broadband
licensee that forfeits its license for failure to meet its performance
requirements would be precluded from regaining that license. The
Commission seeks comment on these proposals and on other penalties that
would effectively ensure timely buildout.
21. Renewal Term Construction Obligations. The Commission seeks
comment on whether it should implement renewal term construction
obligations for the 5/5 broadband segment. Commenters advocating rules
specific to the 5/5 900 MHz broadband segment should address the costs
and benefits of their proposed rules, and they should discuss how a
given proposal would encourage investment and deployment in areas that
might not otherwise benefit from significant wireless coverage.
22. Mobile Spectrum Holdings Policies. The Commissions seeks
comment on whether any new basis exists to revisit the determination
that a 900 MHz broadband segment is not included in the Commission's
spectrum aggregation screen if the Commission ultimately adopts rules
for the 5/5 megahertz broadband segment proposed herein.
Technical Rules
23. The Commission seeks comment on continuing to utilize flexible
technical rules for broadband operations that enable a wide variety of
services, while providing sufficient protection to the incumbent
licensees utilizing narrowband spectrum as well as to licensees in the
3/3 broadband segment and on the appropriate technical rules for 5/5
900 MHz broadband operations.
24. Broadband Operations. The Commission tentatively concludes that
it will apply the existing transmitter power limit rules in the 5/5
broadband context and seeks comment on this conclusion. More
specifically, the Commission seeks comment on the likelihood of harmful
interference under the current rules and whether the existing
transmitter power limits rules are sufficient as currently written.
25. The Commission seeks comment generally on whether the existing
out of band emission (OOBE) rules should be applied to a 5/5 megahertz
broadband licensee, including whether the rules require any amendment.
Because a 5/5 broadband segment would place a broadband signal
immediately adjacent to dissimilar licensees in adjacent bands, having
different technical characteristics and system architectures, the
Commission seeks comment on whether a different or stricter OOBE limit
is needed to prevent harmful interference. In particular, commenters
should address whether there is a likelihood of harmful interference
under the current rules with 5/5 900 MHz broadband operations. The
Commission also seeks comment on whether there is a specific 3GPP
standard that should apply to reduce the risk of harmful interference,
either in-band or to adjacent band users and whether the current
technical parameters for the 900 MHz broadband segment are consistent
with the harmful interference resistance of current 900 MHz narrowband
radio equipment and systems, and whether they will help ensure adequate
harmful interference protection to narrowband operations. The
Commission seeks comment on whether it should implement additional
interference protections to ensure that 5/5 900 MHz broadband
operations do not cause harmful interference to adjacent Narrowband PCS
licensees.
26. The Commission seeks comment generally on whether the existing
rules for interference protections and resolution would be sufficient
to protect site-based narrowband operations if the proposal to
authorize 5/5 broadband operations is adopted. The Commission seeks
comment generally on whether
[[Page 12276]]
there are any additional requirements that the Commission should
implement. The Commission tentatively concludes that it will extend the
current field strength limit to a 5/5 broadband license, and seeks
comment on this conclusion.
27. 900 MHz licensees with operations in the United States/Mexico
and United States/Canada border regions are subject to, and their
operations shall be in accordance with, international agreements and/or
bilateral arrangements between the United States and Mexico and the
United States and Canada. The Commission seeks comment on whether it
should consider any additional rules or license conditions as it
applies to a prospective 5/5 broadband licensee's cross-border
operations.
28. Narrowband Operations. The Commission seeks comment on whether
any changes to the existing technical and operational rules are
necessary or desirable to sustain continued 900 MHz site-based
narrowband operations. Where a county has successfully been
transitioned to 5/5 broadband, would narrowband licensees in adjacent
counties not transitioned to broadband require modified interference
protection from newly licensed co-channel broadband operations? If so,
commenters should specify the changes they believe should be made to
the technical and operational rules for narrowband licenses.
900 MHz Band Freeze
29. Under the current freeze on certain applications in the 900 MHz
band, no applications for new or expanded 900 MHz B/ILT or SMR
operations will be accepted unless the application pertains to the
relocation of incumbents for broadband transition purposes. When the
Commission implemented and subsequently modified the freeze, it found
that this freeze serves the public interest because it aids in
preserving and stabilizing the current landscape of authorized
operations in the band while the transition of the 900 MHz band is
ongoing. In the NPRM, the Commission seeks general comment on how it
should address future licensing of the 900 MHz band for new or modified
operations, and whether it is appropriate at this time to modify or
terminate the freeze in whole or in part. If the Commission modifies
the freeze, the Commission seeks comment on the circumstances and
criteria under which it should do so.
30. Commenters should also address whether any other modifications
to the freeze are necessary at this time. For example, should the
Commission modify the freeze to allow applicants to apply for new
licenses in areas with no 900 MHz licenses (e.g., MTA-50 Guam and the
Northern Mariana Islands, and MTA-51 American Samoa)? If the Commission
determines that a freeze modification is necessary and in the public
interest, it seeks comment on whether it should do so pursuant to
specific parameters or over a specific timeframe?
31. In addition to seeking comment generally on modifying or fully
terminating the freeze, the Commission asks commenters to address
whether terminating the freeze in whole or modifying in part is
necessary at this time taking into consideration the Commission's
proposal to increase the broadband segment in the band. How, if at all,
do these changes impact the analysis of the terminating or modifying
the freeze? The Commission asks commenters to address whether there are
any other circumstances under which a modification or termination of
the freeze would be appropriate.
Other Issues
32. The Commission also seeks comment on improvements that could be
made to the current 3/3 900 MHz broadband rules. More specifically, are
there other efficiencies that could be made to the eligibility,
licensing, or mandatory relocation rules based on stakeholders'
experience over the past three years? The Commission proposes, for
example, that licensees seeking mandatory relocation must file the
required notifications, as outlined in Sec. 27.1504 of our rules, in
the Commission's Universal Licensing Service as pleadings to the
relevant licenses in addition to the current requirements, and seeks
comment on this proposal. The Commission also seeks comment on whether
applicants and/or licensees should be required to take additional steps
to identify and/or contact complex systems, incumbent license holders,
or holdouts? Should the current mandatory relocation rules for 900 MHz
broadband be revised to include a timeframe or deadline for
negotiations? Further, should any of the 5/5 broadband framework rules
and requirements proposed above be applied in the 3/3 broadband
context?
33. Recognizing that certain areas, including MTA-50 Guam and the
Northern Mariana Islands and MTA-51 American Samoa, have no 900 MHz
incumbents, the Commission seeks comment on how to ensure that valuable
spectrum in those places does not remain unused. For example, should
the Commission adopt new or revise existing eligibility and service
rules that would permit a single entity to obtain a license for 900 MHz
broadband in areas with no 900 MHz incumbents and what should those
eligibility and service rules include to ensure the spectrum is put to
use by a qualified applicant in a manner that avoids issues relating to
mutually exclusive application? What approach would allow for efficient
900 MHz broadband deployment in areas that have otherwise not been
served through the Commission's current licensing structures?
Order
34. The Commission also directs the Bureau to lift, in whole or in
part, or otherwise modify the freeze upon a finding by the Bureau that
doing so is necessary to achieve the Commission's goal of efficient
spectrum management and that maintaining the freeze in its current form
is no longer in the public interest. The Commission instructs the
Bureau to consider the record in this proceeding in exercising its
delegated authority, to announce that finding, and the date on which
the termination or modification will be effective, by public notice.
Procedural Matters
35. Regulatory Flexibility Act. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice and comment 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 prepared an Initial Regulatory
Flexibility Analysis (IRFA) concerning the potential impact of rule and
policy proposals contained in this Notice of Proposed Rulemaking. The
Commission invites the general public, in particular small businesses,
to comment on the IRFA. Comments must be filed by the deadlines for
comments on the Notice of Proposed Rulemaking indicated on the first
page of this document and must have a separate and distinct heading
designating them as responses to the IRFA.
36. Initial Paperwork Reduction Act Analysis. This Notice of
Proposed Rulemaking may contain potential new or revised information
collection requirements. Therefore, the Commission seeks comment on
potential new or revised information collections subject to the
Paperwork Reduction Act of 1995. If the Commission adopts any new or
revised information collection requirements, the Commission will
publish a notice in the
[[Page 12277]]
Federal Register inviting the general public and the Office of
Management and Budget to comment on the information collection
requirements, as required by the Paperwork Reduction Act of 1995,
Public Law 104-13. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the Commission seeks specific comment on how we might
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
37. Ex Parte Rules. The proceeding shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b) of the Commission's rules. In
proceedings governed by Sec. 1.49(f) of the Commission's rules or for
which the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
Initial Regulatory Flexibility Analysis
38. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission (Commission) has
prepared this Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on a substantial number of small
entities by the policies and rules proposed in the Notice of Proposed
Rulemaking (NPRM). Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments in the NPRM. The Commission will send a
copy of the NPRM, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration (SBA). In addition, the
NPRM and IRFA (or summaries thereof) will be published in the Federal
Register.
Need for, and Objectives of, the Proposed Rules
39. The NPRM proposes to realign the 896-901/935-940 MHz band (900
MHz band) to create an additional, expanded broadband segment. More
specifically, the NPRM seeks comment on the Commission's proposal to
realign the 900 MHz band to create a ten megahertz broadband segment
option to enable private broadband network solutions. This broadband
segment would be composed of two five megahertz segments (5/5 900 MHz
broadband). The NPRM also proposes to permit a voluntary, market-driven
approach between incumbents to effectuate band clearing and realignment
to authorize broadband deployment. The objective of this proposal is to
increase access to spectrum to promote innovative broadband services
and private broadband networks that improve spectrum efficiency and
expand operational flexibility, while continuing to accommodate use by
narrowband incumbents where needed. In addition, the increased access
to spectrum will be an economic boon to small entities that provide or
utilize services in the band.
40. The NPRM also seeks comment on a voluntary, negotiation-based
process to transition the entire ten megahertz segment in the 900 MHz
band for broadband use in counties where broadband proponents and
incumbent licensees reach private agreements to do so. This proposal
would balance the needs of incumbents, some of which are small
entities, while permitting additional broadband where incumbents enter
private agreements to realign the band. In order to implement this
proposed framework, the NPRM seeks comment on whether the current 900
MHz broadband rules in part 27 of the Commission's rules, such as the
eligibility criteria, application requirements and procedures,
licensing and operating rules, and technical requirements, are the
appropriate vehicles for effectuating a ten megahertz broadband
licensing framework. The Commission's proposed framework in the NPRM
will further important Commission goals for this band by creating
additional opportunities for robust private broadband networks that
support critical communication systems while taking into account the
need for continued narrowband operations.
Legal Basis
41. The proposed action is authorized pursuant to sections 1, 2,
4(i), 4(j), 301, 302a(a), 303, 307-310, 319, 324, and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 301, 302a(a), 303, 307-310, 319, 324, and 332, and section
1.411 of the Commission's Rules, 47 CFR 1.411.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
42. The RFA directs agencies to provide a description of, and where
feasible, an estimate of, the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one that: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
43. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's actions, over time, may affect small
entities that are not easily categorized at present. The Commission
therefore describes, at the outset, three broad groups of small
entities that could be directly affected herein. First, while there are
industry specific size standards for small businesses that are used in
the regulatory flexibility analysis, according to data from the 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.
[[Page 12278]]
44. 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 2022, there were
approximately 530,109 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
45. 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 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, the Commission estimates that
at least 48,724 entities fall into the category of ``small governmental
jurisdictions.''
46. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
47. Private Land Mobile Radio Licensees--900 MHz Band (PLMR MHz
Band). Private land mobile radio (PLMR) systems serve an essential role
in a vast range of industrial, business, land transportation, and
public safety activities. Companies of all sizes operating in all U.S.
business categories use these radios. The 900 MHz band (896-901/935-940
MHz) is designated for narrowband PLMR communications by Business/
Industrial/Land Transportation (B/ILT) licensees and for Specialized
Mobile Radio (SMR) providers, with deployed systems primarily used for
two-way communication by land transportation, utility, manufacturing,
and petrochemical companies, as well as for broadband by 900 MHz
broadband licensees. Only B/ILT, SMR, and 900 MHz broadband licensees
are eligible to operate in the 900 MHz band. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with a SBA small business size standard applicable to these services.
The SBA small size standard for this industry classifies a business as
small if it has 1,500 or fewer employees. U.S. Census Bureau data for
2017 show that there were 2,893 firms that operated in this industry
for the entire year. Of this number, 2,837 firms employed fewer than
250 employees. Thus under the SBA size standard, the Commission
estimates licensees in this can be considered small.
48. Based on Commission data, as of December 14, 2021, there were
2,716 active licenses (714 B/ILT and 2,002 SMR licenses) in the 900 MHz
band (896-901/935-940 MHz). The Commission's small business size
standards with respect to PLMR licenses in the 900 MHz band involve
eligibility for bidding credits and installment payments in the auction
of licenses for these services. For the auction of 900 MHz SMR
licenses, the Commission defined a ``small business'' as an entity with
average annual gross revenues of $15 million or less in the three
preceding calendar years and a ``very small business'', as an entity
with average gross revenues that are not more than $3 million for the
preceding three years. Pursuant to these definitions, approximately 59
winning bidders claiming small business credits won approximately 263
licenses and 3 winning bidders claiming small business credits won
approximately 7 licenses. None of the winning bidders claiming a small
business status classification in these 900 MHz band PLMR license
auctions had an active license as of December 2021.
49. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time the Commission is not
able to estimate the number of licensees with active licenses that
would qualify as small under the SBA's small business size standard.
Nevertheless, the Commission believes that a majority of B/ILT and SMT
PLMR--900 MHz Band licenses are held by small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
50. The potential rule changes proposed in the NPRM, if adopted,
could impose new reporting, recordkeeping, or other compliance
requirements on some small entities. In addition to the proposed rule
changes associated with the proposed realignment of the 900 MHz band,
there could also be new service rule compliance obligations. For the
operations in the newly created ten megahertz broadband segment, the
NPRM seeks comment on various service rules that should apply,
including performance, construction, and technical operating
requirements. Additionally, the NPRM seeks comment on the costs and
benefits of the proposed realignment approaches and any associated rule
changes or requirements.
51. Band Realignment And Transition Mechanism. To effectuate a 5/5
megahertz broadband option in the 900 MHz band, the proposal in the
NPRM would change the allocations in the Table of Allocations to allow
broadband across all ten megahertz. The Commissions seeks comment on
this proposal, on potential alternatives, and the need for a further
expansion of broadband in the 900 MHz band at this time. The NPRM
further proposes to permit a market-driven approach through voluntary
exchanges between incumbents to effectuate band clearing and
realignment, while preserving existing rights and protections for
licensees and incumbents, some of
[[Page 12279]]
which are small entities. The Commission seeks comment on this
voluntary transition mechanism for 5/5 900 MHz broadband.
52. Eligibility and Applications. In the NPRM, the Commission
proposes that an applicant meet certain eligibility criteria to obtain
a 5/5 900 MHz broadband license and that applications reflect the
prospective licensees qualifications. The NPRM proposes that an
application for a 5/5 900 MHz broadband license must include: (1) a
certification that the applicant satisfies the eligibility restrictions
(Eligibility Certification), and (2) a plan for transitioning the band
in the particular county (Transition Plan) that describes the private
agreements between the prospective broadband licensee and all covered
incumbents. The Commission also proposes that the Eligibility
Certification must show: (1) the applicant holds the licenses for more
than 50% of the total amount of licensed 900 MHz spectrum (narrowband
or broadband) for the relevant county; (2) as it pertains to the 3/3
broadband segment (897.5-900.5 MHz/936.5-939.5 MHz), the prospective
licensee either: (a) holds a 3/3 900 MHz broadband license in the
relevant county; or (b) has reached an agreement to clear through
acquisition or relocation, or demonstrated how it will provide harmful
interference protection to, 90% or more of covered incumbent licensees
collectively holding licenses in that segment, in the county and within
70 miles of the county boundary and geographically licensed channels
where the license area completely or partially overlaps the county; and
(3) the applicant itself holds and/or has either reached an agreement
to clear through acquisition or relocation, or demonstrates how it will
provide harmful interference protection to all covered incumbent
licensees collectively holding licenses in the remainder of the 900 MHz
band in the county and within 70 miles of the county boundary and
geographically licensed channels where the license area completely or
partially overlaps the county.
53. Additionally, in the NPRM the Commission proposes that the
Transition Plan must describe in detail all information and actions
necessary to accomplish the realignment, including that the applicant
must demonstrate one or more of the following for incumbent licensees
collectively holding licenses in the 900 MHz band in the county and
within 70 miles of the county boundary and geographically licensed
channels where the license area completely or partially overlaps the
county, when including its license holdings in the county as
applicable: (1) agreement by covered incumbents to relocate from the
broadband and/or narrowband segments, as applicable; (2) protection of
site-based covered incumbents through compliance with minimum spacing
criteria; (3) protection of site-based covered incumbents through new
or existing letters of concurrence agreeing to lesser base station
separations; (4) protection of geographically-based covered incumbents
through private contractual agreements; and/or (5) evidence that it
holds licenses for the site-channels in the county and within 70 miles
of the county boundary and geographically licensed channels where the
license area completely or partially overlaps the county. Further, the
Commission proposes that the 5/5 broadband license applicant include in
its Transition Plan a certification from an FCC-certified frequency
coordinator that the Transition Plan's representations can be
implemented consistent with Commission rules.
54. Small entities may require the expertise of engineers to
analyze steps necessary to effectuate relocation to the narrowband
segment, but the Commission expects such tasks could be completed by
engineering staff that already oversee their licensed operations and
would not require small entities to hire additional staff. Similarly,
while small entities may desire the advice of legal counsel in
negotiating the Transition Plan, the Commission does not anticipate
that such matters will be so complex as to require additional legal or
regulatory compliance staff. The Commission seeks comment and
supporting information from small entities who may disagree with this
presumption.
55. Anti-Windfall Provisions. The NPRM proposes that a 5/5 900 MHz
broadband license applicant must return to the Commission all of its
licensed 900 MHz narrowband and/or broadband spectrum, up to ten
megahertz, for the relevant county in which it seeks a 5/5 900 MHz
broadband license. Whenever a 5/5 900 MHz broadband license applicant
relinquishes less than ten megahertz of spectrum in exchange for
receiving a ten megahertz broadband license, it must make a monetary
payment to the U.S. Treasury, prior to the grant of a 5/5 900 MHz
broadband license under the proposal. The Commission seeks comment on
this approach and potential alternatives.
56. Licensing and Operating Rules. The Commission proposes to
designate 900 MHz broadband service as a Miscellaneous Wireless Service
and that broadband licensees in the 5/5 900 MHz broadband segment would
be required to comply with current licensing and operating rules that
are applicable to 3/3 900 MHz broadband licensees and seeks comment on
this approach. This proposal would maintain the same license area,
license term, and performance requirements that are applicable to a 3/3
900 MHz broadband licensee in parts 1 and 27. Specifically, the NPRM
proposes a 15 year license term with 10 year renewals for licenses
based on county boundaries. A licensee that expanded an existing 3/3
900 MHz broadband license would be subject to a new license term upon
grant of a 5/5 900 MHz broadband license under the proposal. Small
entities, particularly those who do not currently hold licenses subject
to the Commission's part 27 rules, may need to hire professionals to
facilitate compliance with the licensing and operating rules applicable
to part 27 services.
57. Performance Requirements. Additionally, the NPRM seeks comment
and proposes to maintain the current performance requirements, which
require a 5/5 900 MHz broadband licensee to provide reliable signal
coverage and offer service to at least forty-five (45) percent of the
population in each of its license areas within six years of the license
issue date (first performance benchmark), and to at least eighty (80)
percent of the population in each of its license areas within 12 years
from the license issue date (second performance benchmark). A licensee
that expanded an existing 3/3 900 MHz broadband license would be
subject to two performance deadlines, one for the initial 3/3 license
and one for the new 5/5 license under the proposal. Further,
recognizing the potential use of the 5/5 900 MHz broadband segment by
private wireless users such as electric utilities or other B/ILT
eligibles, the NPRM seeks comment on whether alternative metrics may be
necessary to accommodate such users. Along with performance benchmarks,
the NPRM also seeks comment on proposed penalties it believes will most
effectively ensure timely buildout. Specifically, the NPRM proposes
that, in the event a 5/5 900 MHz broadband licensee fails to meet the
first performance benchmark, the licensee's second benchmark and
license term would be reduced by two years, thereby requiring it to
meet the second performance benchmark two years sooner (at 10 years
into the license term) and reducing its license term to 13 years.
Further, the NPRM proposes that, in the event a 5/5 900 MHz broadband
[[Page 12280]]
licensee fails to meet the second performance benchmark for a
particular license area, its authorization for each license area in
which it fails to meet the performance requirement shall terminate
automatically without Commission action.
58. The proposed performance benchmarks would apply to any small
entity that obtains a new 5/5 900 MHz broadband license. Given the
proposal to require that the prospective broadband licensee hold the
existing licenses, the Commission anticipates the new broadband
licensee will have existing operations in, and be familiar with, the
900 MHz band. While the prospective broadband licensee may already have
the engineering staff and expertise necessary to provide existing
narrowband services in the 900 MHz band, given the proposal to require
broadband services for the purposes of satisfying performance
benchmarks, the new licensee may need to hire additional staff to
ensure compliance with those requirements. The Commission seeks comment
from small entities regarding this issue.
59. Technical Rules. The NPRM generally proposes to keep the same
technical rules in place for 5/5 900 MHz broadband operation, for
transmitter power limits, field strength, and harmful interference
resolution, and seeks comment on whether the Commission's current rules
on OOBE should be applied to a 5/5 900 MHz broadband licensee.
Additionally, the NPRM notes that future broadband licensees in the 900
MHz band would be subject to any new or modified international
agreements and/or bilateral arrangements governing border-area
operations and seeks comment on whether additional rules or license
conditions are necessary. The proposed technical rules in the NPRM
largely mirror existing part 27 and 90 technical rules, and small
entities that are existing operators would likely already have staff
with the requisite expertise to ensure compliance. For small entities
that are not existing operators and do not have existing staffing
dedicated to tailoring technical systems, engineering expertise may be
necessary for the purposes of making ensuring compliance with the
proposed technical parameters and interference protection criteria.
60. Application Freeze. In order to preserve the spectral landscape
while this rulemaking proceeding was pending, the Wireless
Telecommunications Bureau suspended acceptance and processing of
applications for new and expanded use of 900 MHz B/ILT channels. In the
Report and Order, Order of Proposed Modification, and Order, the
Commission lifted the freeze for the limited purpose of permitting
covered incumbents to file applications to relocate their operations to
different frequencies, as long as the application is part of a
Transition Plan for a prospective broadband applicant or related to an
agreement with a broadband license after license grant (e.g., as part
of mandatory relocation). The Order also permitted the Wireless
Telecommunications Bureau to adjust the freeze, if necessary, to
implement the transition as needed. The NPRM seeks comment on this
application freeze, including whether it should be modified or ended,
and, if so, under what circumstances.
61. The Commission invites comment on the costs and burdens of the
proposals in the NPRM that may impact small entity callers. The
Commission expects the information received in comments, including,
where requested, cost and benefit analyses, will help the Commission
identify and evaluate relevant compliance matters for small entities
that may result if the proposals and associated requirements discussed
in the NPRM are ultimately adopted.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
62. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
63. As discussed above, the proposals contained in the NPRM are
designed to enable broadband operations in the 900 MHz band to
facilitate use of this band for next-generation technologies and
services. This action is critical to the continuation of technological
advancement, furthers the goals of the Telecommunications Act of 1996,
and serves the public interest. The Commission is likewise committed to
ensuring that the disruption to incumbent operations, and the economic
impact of this proceeding on both incumbent licensees and new broadband
licensees, is minimal. The Commission has taken steps to enable it to
minimize the economic burden on small entities that could occur if some
or all of the rule changes or approaches proposed in the NPRM are
adopted and, in developing these proposals, has also considered
significant alternatives to those approaches. For example, the
Commission considered but rejected proposals such as two county
licensing schemes for 3/3 broadband, shorter broadband license terms,
and the filing by applicants of multiple Transition Plans for instances
where the applicants are seeking to transition multiple counties
simultaneously. In the NPRM, however, the Commission seeks to identify
whether small entities face any special or unique issues with respect
to the proposed eligibility, licensing, and operating rules such that
they would require certain accommodations or additional time to comply
by seeking comment on this issue. The Commission also seeks comment on
modifications that could be made to our rules regarding administrative
processes that would reduce the economic impacts of proposed rule
changes on small entities. Comments provided by small entities that are
particularly impacted by the proposed rules, if adopted, should provide
the Commission with the requisite data needed for it to effectively
consider the most cost-effective approach to minimizing the economic
impact for such small entities while still achieving its statutory
objectives.
64. In developing our proposals further realigning the 900 MHz
band, the Commission considered how its proposal impacts narrowband
operations in the 900 MHz band, which includes small entities as well
as other applicants and licensees. The Commission finds that increased
access to broadband would serve the public interest if existing
narrowband operations can be accommodated. Rather than proposing rules
that would create an undue burden to incumbent operations, the
Commission proposes rules that require the protection of 900 MHz band
incumbents and ensure that incumbents' status quo environment will be
maintained at a minimum. For example, the Commission considered
adopting some version of our current mandatory relocation rules for the
current 900 MHz narrowband segment that would permit a broadband
licensee to mandatorily relocate only a limited number of holdouts, and
the rules the Commission proposes in the NPRM reflect a market-driven
approach. In the NPRM the Commission proposes that,
[[Page 12281]]
the 900 MHz band will be transitioned only in markets where it is
achievable through substantially successful negotiations; no incumbent
systems will be subject to mandatory relocation unless provided with
comparable facilities, and systems that meet a certain threshold number
of integrated sites are not even subject to mandatory relocation.
65. In order to minimize the economic impact resulting from the
proposed rules on small entities and other licensees in the 900 MHz
band, the technical rules applicable to operations in the two
narrowband segments would largely remain unchanged under the proposal
in the NPRM. In other words, despite the creation of the \5/5\
megahertz broadband segment, 900 MHz narrowband B/ILT and SMR users and
3/3 900 MHz broadband licensees would operate under the same technical
rules as today and would not impose any additional economic impact for
small entities. For example, the technical rules the Commission
proposes to apply to all broadband licensees maintain the 900 MHz
band's current strict interference base station distance separation
protections; thus, incumbents will not be subject to closer separations
than provided under current rules unless agreed upon through
negotiation.
66. The Commission finds an overriding public interest in
encouraging investment in wireless networks, facilitating access to
scarce spectrum resources, and promoting the rapid deployment of mobile
services to Americans. All licensees, including small entities, play a
crucial role in achieving these goals. Thus, to identify additional
approaches that could further minimize the economic impact on small
entities the Commission seeks comment on alternative obligations,
timing for implementation, scope of subject licenses, and other
measures that could accommodate the needs and resources of small
entities. Prior to adopting final rules in this proceeding, the
Commission will evaluate comments filed in response to the NPRM, and
carefully consider these matters and the impact of all rule changes on
small entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
67. None.
Ordering Clauses
68. It is ordered, pursuant to the authority found in sections 1,
2, 4(i), 4(j), 301, 302, 303, 307-310, 319, 324, and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 301, 302a, 303, 307-310, 319, 324, and 332, and section 1.411
of the Commission's Rules, 47 CFR 1.411, that this Notice of Proposed
Rulemaking and Order are hereby adopted.
69. It is further ordered that, pursuant to the authority found in
sections 4 and 5 of the Communications Act of 1934, as amended, 47
U.S.C. 154, 155, and sections 0.201, 0.331, and 1.103 of the
Commission's rules, 47 CFR 0.201, 0.331, 1.103, this Order delegating
authority to the Wireless Telecommunications Bureau shall be effective
upon publication in the Federal Register.
70. It is further ordered that the Petition for Rulemaking filed by
Ameren Services Company; Anterix, Inc.; Enterprise Wireless Alliance;
Evergy, Inc.; Lower Colorado River Authority; Portland General
Electric; San Diego Gas & Electric; Southern Communications Services,
Inc.; Utility Broadband Alliance; and Xcel Energy Services, Inc. in the
Commission's rulemaking proceeding RM-11977 is granted to the extent
specified herein, that RM-11977 is incorporated into this proceeding,
WT Docket No. 24-99, and that RM-11977 is terminated.
71. It is further ordered that the Commission's Office of the
Secretary shall send a copy of this Notice of Proposed Rulemaking,
including the Initial Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Parts 2 and 27
Telecommunications.
47 CFR Part 90
Business and industry, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2, 27, and 90
as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106 is amended by:
0
a. Revising pages 31 and 32 in the Table of Frequency Allocations in
paragraph (a); and
0
b. Revising paragraph (c)(116) and (c)(268).
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
(a) * * *
* * * * *
BILLING CODE 6712-01-P
[[Page 12282]]
[GRAPHIC] [TIFF OMITTED] TP17MR25.005
[[Page 12283]]
[GRAPHIC] [TIFF OMITTED] TP17MR25.006
BILLING CODE 6712-01-C
* * * * *
[[Page 12284]]
(c) * * *
(116) US116 In the bands 890-902 MHz and 935-941 MHz, no new
assignments are to be made to Federal radio stations after July 10,
1970, except on case-by-case basis to experimental stations. Federal
assignments existing prior to July 10, 1970, shall be on a secondary
basis to stations in the non-Federal mobile except aeronautical mobile
service and shall be subject to adjustment or removal from the bands
890-902 MHz, 928-932 MHz, and 935-941 MHz at the request of the FCC.
* * * * *
(268) US268 The bands 890-902 MHz and 928-942 MHz are also
allocated to the radiolocation service for Federal ship stations (off-
shore ocean areas) on the condition that harmful interference is not
caused to non-Federal stations in the mobile except aeronautical mobile
service. The provisions of footnote US116 apply.
* * * * *
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
3. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
0
4. Section 27.1 is amended by revising paragraph (b)(16) to read as
follows:
Sec. 27.1 Basis and purpose.
* * * * *
(b) * * *
(16) 896-901 MHz and 935-940 MHz.
* * * * *
0
5. Section 27.5 is amended by revising paragraph (n) to read as
follows:
Sec. 27.5 Frequencies.
* * * * *
(n) 900 MHz band. The paired 897.5-900.5 MHz and 936.5-939.5 MHz
bands and 896-901 MHz and 935-940 MHz bands are available for
assignment on a geographic basis. For operations in the 897.5-900.5 MHz
and 936.5-939.5 MHz bands (designated as Channels 120-360 in Sec.
90.613 of this chapter), no new applications will be accepted in 3/3
900 MHz broadband transitioned markets for narrowband systems under
part 90, subpart S of this chapter. For operations in the 896-901 MHz
and 935-940 MHz bands (designated as Channels 1-399) in Sec. 90.613 of
this chapter), no new applications will be accepted in 5/5 900 MHz
broadband transitioned markets for narrowband systems under part 90,
subpart S of this chapter.
* * * * *
0
6. Section 27.13 is amended by revising paragraph (n) to read as
follows:
Sec. 27.13 License period.
* * * * *
(n) 900 MHz broadband. Authorizations for broadband licenses in the
896-901 MHz and 935-940 MHz bands will have a term not to exceed 15
years from the date of initial issuance and ten (10) years from the
date of any subsequent renewal.
* * * * *
0
7. The heading for subpart P is revised to read as follows:
Subpart P--Regulations Governing Licensing and Use of 900 MHz
Broadband Service in the 896-901 MHz and 935-940 MHz Bands
0
8. Section 27.1500 is revised to read as follows:
Sec. 27.1500 Scope.
This subpart sets out the regulations governing the licensing and
operations of 900 MHz broadband systems operating in the 897.5-900.5/
936.5-939.5 MHz band or in the 896-901/935-940 MHz band, depending on
the scope of the license. It includes eligibility requirements and
operational and technical standards for stations licensed in this band.
It also supplements the rules regarding application procedures
contained in part 1, subpart F of this chapter. The rules in this
subpart are to be read in conjunction with the applicable requirements
contained elsewhere in this part; however, in case of conflict, the
provisions of this subpart shall govern with respect to licensing and
operation in these frequency bands.
0
9. Section 27.1501 is amended by:
0
a. Revising the definition of ``900 MHz broadband'';
0
b. Adding the definitions of ``3/3 900 MHz broadband'', ``3/3 900 MHz
broadband licensee'', ``3/3 900 MHz broadband segment'', ``5/5 900 MHz
broadband'', and ``5/5 900 MHz broadband licensee'' in alphabetical
order; and
0
c. Revising the definition of ``Covered incumbent''.
The revisions and additions read as follows:
Sec. 27.1501 Definitions.
* * * * *
900 MHz broadband. The 900 MHz broadband systems in the 897.5-
900.5/936.5-939.5 MHz band and in the 896-901/935-940 MHz band licensed
separately by the Commission pursuant to the provisions of this
subpart.
* * * * *
3/3 900 MHz broadband. The 900 MHz broadband systems in the 897.5-
900.5/936.5-939.5 MHz band licensed by the Commission pursuant to the
provisions of this subpart.
3/3 900 MHz broadband licensee. An entity that holds a 3/3 900 MHz
broadband license issued pursuant to this subpart.
3/3 900 MHz broadband segment. The segment of realigned 900 MHz
spectrum (i.e., the 897.5-900.5/936.5-939.5 MHz band) licensed by the
Commission pursuant to the provisions of this subpart.
5/5 900 MHz broadband. The 900 MHz broadband systems in the 896-
901/935-940 MHz band licensed by the Commission pursuant to the
provisions of this subpart.
5/5 900 MHz broadband licensee. An entity that holds a 5/5 900 MHz
broadband license issued pursuant to this subpart.
* * * * *
Covered incumbent. Any 900 MHz site-based licensee in the 900 MHz
band that is required under Sec. 90.621(b) to be protected by a
broadband licensee with a base station at any location within the
county, or any 900 MHz geographic-based SMR licensee in the 900 MHz
band, whose license area completely or partially overlaps the county.
* * * * *
0
10. Section 27.1503 is revised to read as follows:
Sec. 27.1503 Broadband license eligibility and application
requirements.
(a) Eligibility. (1) 3/3 900 MHz broadband license. For an
applicant to be eligible for a 3/3 900 MHz broadband license in a
county, it must:
(i) Hold the licenses for more than 50% of the total amount of
licensed 900 MHz SMR (site-based or geographically licensed) and B/ILT
(site-based) spectrum for the relevant county, including credit for
spectrum included in an application to acquire or relocate covered
incumbents filed with the Commission on or after March 14, 2019; and
(ii) Hold spectrum in the 3/3 900 MHz broadband segment or reach an
agreement to clear through acquisition or relocation, including credit
for spectrum included in an application to acquire or relocate covered
incumbents filed with the Commission on or after March 14, 2019, or
demonstrate how it will provide interference protection to, covered
incumbent licensees collectively holding licenses in that segment for
at least 90% of the site-channels in the county and within 70 miles of
the county boundary, and geographically licensed channels where
[[Page 12285]]
the license area completely or partially overlaps the county.
(2) 5/5 900 MHz broadband license. For an applicant to be eligible
for a 5/5 900 MHz broadband license in a county, it must:
(i) Hold the licenses for more than 50% of the total amount of
licensed 900 MHz SMR (site-based or geographically licensed), B/ILT
(site-based), or 3/3 900 MHz broadband spectrum for the relevant
county, including credit for spectrum included in an application to
acquire or relocate covered incumbents filed with the Commission on or
after March 14, 2019; and
(ii) Demonstrate that it either:
(A) Holds a 3/3 900 MHz broadband license in the relevant county;
or
(B) Meets the requirements as outlined in paragraph (a)(1)(ii) of
this section; and
(iii) Hold spectrum in the 900 MHz narrowband segment (as defined
in Sec. 27.1501) or reach an agreement to clear through acquisition or
relocation, including credit for spectrum included in an application to
acquire or relocate covered incumbents filed with the Commission on or
after March 14, 2019, or demonstrate how it will provide interference
protection to, all covered incumbent licensees collectively holding
licenses in the 900 MHz narrowband segment, in the county and within 70
miles of the county boundary, and geographically licensed channels
where the license area completely or partially overlaps the county.
(3) To provide interference protection, an applicant may:
(i) Protect site-based covered incumbent(s) through compliance with
minimum spacing criteria set forth in Sec. 90.621(b) of this chapter;
(ii) Protect site-based covered incumbent(s) through new or
existing letters of concurrence agreeing to lesser base station
separations as set forth in Sec. 90.621(b); and/or
(iii) Protect geographically based covered incumbent(s) through a
private contractual agreement.
(4) If any site of a complex system is located within the county
and/or within 70 miles of the county boundary, an applicant must either
hold the license for that site or reach an agreement to acquire,
relocate, or protect it in order to demonstrate eligibility.
(5) The applicant may use its current 900 MHz holdings in the
narrowband segment to relocate covered incumbents to apply for a 3/3
900 MHz broadband license. Spectrum used for the purpose of relocating
incumbent(s) may not exceed the incumbent's current spectrum holdings
in the relevant county, unless additional channels are necessary to
achieve equivalent coverage and/or capacity.
(b) Application. (1) Applications must be filed in accordance with
part 1, subpart F of this chapter.
(2) An applicant for a 900 MHz broadband license must submit with
its application an Eligibility Certification that:
(i) Lists the licenses the applicant holds in the 900 MHz band to
demonstrate that it holds the licenses for more than 50% of the total
licensed 900 MHz spectrum, whether SMR, B/ILT, or 3/3 900 MHz
broadband, as applicable to meet the requirements outlined in paragraph
(a)(1)(i) or (a)(2)(i) of this section, for the relevant county
including credit for spectrum included in an application to acquire or
relocate any covered incumbents filed on or after March 14, 2019;
(ii) A statement that it has filed a Transition Plan detailing how
it meets the requirements outlined in paragraph 27.1503(a)(1)(ii) or
(a)(2)(ii) of this section; and
(iii) A statement that it has filed a Transition Plan detailing how
it meets the requirements outlined in paragraph 27.1503(a)(2)(iii) of
this section, if applicable.
(3) An applicant for a 900 MHz broadband license must submit with
its application a Transition Plan that provides:
(i) A showing of one or more of the following:
(A) Agreement by covered incumbents to relocate from the broadband
segment or the band, as applicable;
(B) Protection of site-based covered incumbents through compliance
with minimum spacing criteria;
(C) Protection of site-based covered incumbents through new or
existing letters of concurrence agreeing to lesser base station
separations;
(D) Protection of geographically-based covered incumbents through
private contractual agreements; and/or
(E) Evidence that it holds licenses for the site-channels and/or
geographically licensed channels.
(ii) Descriptions of the agreements outlined in paragraph
27.1503(a)(1)(ii), (a)(2)(ii), and (a)(2)(iii) of this section, if
applicable.
(iii) Descriptions in detail of all information and actions
necessary to accomplish the realignment, as follows:
(A) The applications that the parties to the agreements will file
in order to relocate or repack licensees;
(B) A description of how the applicant will provide interference
protection to, and/or acquire or relocate covered incumbents as
outlined in paragraph 27.1503(a)(1)(ii) and (a)(2)(ii)-(iii) of this
section, if applicable.
(C) Any rule waivers or other actions necessary to implement an
agreement with a covered incumbent; and
(D) Such additional information as may be required.
(iv) A certification from an FCC-certified frequency coordinator
that the Transition Plan's representations can be implemented
consistent with Commission rules. The certification must establish that
the relocations proposed therein take into consideration all relevant
covered incumbents and are consistent with the existing part 90
interference protection criteria if the covered incumbent is site-
based, and include any private contractual agreements between the
prospective broadband licensee and a geographically-licensed covered
incumbent.
(4) Applicants seeking to transition multiple counties may
simultaneously file a single Transition Plan with each of its county-
based applications.
(c) Anti-windfall provisions. (1) The applicant must return to the
Commission all of its licensed 900 MHz spectrum, up to six megahertz
for a 3/3 900 MHz broadband license and up to ten megahertz for a 5/5
900 MHz broadband license, for the county in which it seeks a broadband
license. The applicant will be required to file, within 15 days of
filing its broadband license application, an application(s) to cancel
all of its 900 MHz broadband, SMR, and B/ILT spectrum, as applicable,
up to six megahertz for a 3/3 900 MHz broadband license and up to ten
megahertz for a 5/5 900 MHz broadband license, conditioned upon
Commission grant of its application.
(2) If the applicant relinquishes less than six megahertz of
spectrum for a 3/3 900 MHz broadband license or less than ten megahertz
of spectrum for a 5/5 900 MHz broadband license in accordance with
paragraph (c)(1) of this section, then the applicant must remit an
anti-windfall payment prior to the grant of the 900 MHz broadband
license. Payment must be made through a monetary payment to the U.S.
Treasury.
0
11. Section 27.1504 is amended by revising paragraphs (a), (d), and (g)
to read as follows:
Sec. 27.1504 Mandatory Relocation.
(a) Subject to paragraph (b) of this section, broadband licensees
may require mandatory relocation from the broadband segment covered
incumbents' remaining site-channels in a given county and within 70
miles of the county boundary, and geographically licensed channels
where the license area completely or partially overlaps the county,
that were not
[[Page 12286]]
covered by Sec. 27.1503(a)(1)(ii) or 27.1503(a)(2)(ii) of this part.
* * * * *
(d) Having met the 90% success threshold, a 900 MHz broadband
licensee seeking to trigger the mandatory relocation process shall
serve notice on applicable covered incumbent(s) and file such notice in
ULS as a pleading to the relevant call sign(s).
* * * * *
(g) A party seeking Commission resolution of a dispute must submit
in writing to the Chief, Wireless Telecommunications Bureau and file
such notice in ULS as a pleading to the relevant call sign(s):
* * * * *
0
12. Section 27.1505 is amended by:
0
a. Adding paragraph (a)(3); and
0
b. Revising paragraph (c)(2).
The revision and addition read as follows:
Sec. 27.1505 Performance requirements.
(a) * * *
* * * * *
(3) With respect to a 3/3 900 MHz broadband license that is
expanded to a 5/5 900 MHz broadband license, the broadband licensee
will remain subject to the performance requirement deadlines as they
applied to the original license. All other new authorizations as
reflected in the 5/5 900 MHz broadband license will be subject to the
performance requirement deadlines as reflected on the date of issuance.
* * * * *
(c) * * *
(1) * * *
(2) If a 900 MHz broadband licensee fails to meet the final
performance benchmark, its authorization for that license area will
terminate automatically without Commission action and the licensee will
be ineligible to regain it.
* * * * *
0
13. Section 27.1506 is revised to read as follows:
Sec. 27.1506 Frequencies.
The 897.5-900.5 MHz and 936.5-939.5 MHz band segments are available
for licensing with an authorized bandwidth up to 3 megahertz paired
channels. The band segments 896-901 MHz and 935-940 MHz are available
for licensing with an authorized bandwidth up to 5 megahertz paired
channels. The 897.5-900.5 MHz segment or 896-901 MHz segment, as
applicable, must only be used for uplink transmissions. The 936.5-939.5
MHz segment or 935-940 MHz segment, as applicable, must only be used
for downlink transmissions.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
14. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
0
15. Section 90.7 is amended by:
0
a. Adding the definitions of ``3/3 900 MHz broadband'' and ``3/3 900
MHz broadband licensee''; and
0
b. Revising the definition of ``900 MHz broadband segment''.
The revision and additions read as follows:
Sec. 90.7 Definitions.
* * * * *
3/3 900 MHz broadband. See 47 CFR 27.1501.
* * * * *
3/3 900 MHz broadband licensee. See 47 CFR 27.1501.
* * * * *
900 MHz broadband segment. The 897.5-900.5/936.5-939.5 MHz band
licensed by the Commission pursuant to the provisions of part 27.
* * * * *
0
16. Section 90.613 is amended by revising the introductory text to read
as follows:
Sec. 90.613 Frequencies available.
The following table indicates the channel designations of
frequencies available for assignment to eligible applicants under this
subpart. Frequencies shall be assigned in pairs, with mobile and
control station transmitting frequencies taken from the 806-824 MHz
band with corresponding base station frequencies being 45 MHz higher
and taken from the 851-869 MHz band, or with mobile and control station
frequencies taken from the 896-901 MHz band with corresponding base
station frequencies being 39 MHz higher and taken from the 935-940 MHz
band. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands
(Channels 120-360), no new applications will be accepted in a 3/3 900
MHz broadband transitioned market for a narrowband system under part
90, subpart S of this chapter. For operations in 896-901 MHz and 935-
940 MHz bands (Channels 1-399), no new applications will be accepted in
markets transitioned to 5/5 900 MHz broadband for narrowband systems
under part 90, subpart S of this chapter. Only the base station
transmitting frequency of each pair is listed in the following table.
* * * * *
[FR Doc. 2025-04008 Filed 3-14-25; 8:45 am]
BILLING CODE 6712-01-P
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