Rule2025-10476
Lower 37 GHz Band and Use of Spectrum Bands Above 24 GHz for Mobile Radio Service
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
June 12, 2025
Effective
July 14, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) makes available 600 megahertz of high-frequency spectrum for flexible fixed and mobile use by establishing a mechanism for access to the 37-37.6 GHz band (Lower 37 GHz band). This spectrum, which is shared between non-Federal and Federal operators, can be used for fixed wireless broadband, Internet of Things (IoT), or other innovative services. Crafted in collaboration with the National Telecommunications and Information Administration (NTIA) and with input from the Department of Defense (DoD), this new regime provides access to a block of millimeter wave spectrum with low barriers to entry.
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[Federal Register Volume 90, Number 112 (Thursday, June 12, 2025)]
[Rules and Regulations]
[Pages 24749-24764]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10476]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 30
[WT Docket No. 24-243, GN Docket No. 14-177; FCC 25-24; FR ID 293183]
Lower 37 GHz Band and Use of Spectrum Bands Above 24 GHz for
Mobile Radio Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) makes available 600 megahertz of high-frequency spectrum
for flexible fixed and mobile use by establishing a mechanism for
access to the 37-37.6 GHz band (Lower 37 GHz band). This spectrum,
which is shared between non-Federal and Federal operators, can be used
for fixed wireless broadband, Internet of Things (IoT), or other
innovative services. Crafted in collaboration with the National
Telecommunications and Information Administration (NTIA) and with input
from the Department of Defense (DoD), this new regime provides access
to a block of millimeter wave spectrum with low barriers to entry.
DATES: Effective July 14, 2025, except for amendatory instructions 11
(adding Sec. 30.501) and 12 (adding Sec. 30.503), which are delayed
indefinitely. The Commission will publish a document in the Federal
Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT: Catherine Schroeder, Wireless
Telecommunications Bureau, Broadband Division, at
<a href="/cdn-cgi/l/email-protection#bcffddc8d4d9ced5d2d992efdfd4ced3d9d8d9cefcdadfdf92dbd3ca"><span class="__cf_email__" data-cfemail="90d3f1e4f8f5e2f9fef5bec3f3f8e2fff5f4f5e2d0f6f3f3bef7ffe6">[email protected]</span></a> or (202) 418-1956.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
[[Page 24750]]
and Order and Sixth Report and Order in WT Docket No. 24-243 and GN
Docket No. 14-177; FCC 25-24, adopted on April 28, 2025, and released
on April 29, 2025. A Further Notice of Proposed Rulemaking (FNPRM)
relating to the Report and Order and Sixth Report and Order will be
published in the Proposed Rule section of the Federal Register on the
same date as this summary. The full text of the document is available
at <a href="https://www.fcc.gov/document/fcc-clears-way-wireless-innovation-lower-37-ghz-band-0">https://www.fcc.gov/document/fcc-clears-way-wireless-innovation-lower-37-ghz-band-0</a>.
Final Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice-
and-comment rulemakings, unless the agency certifies that ``the rule
will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Accordingly, the Commission has
prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the
possible impact of the rule changes contained in the Report and Order
on small entities. The FRFA is set forth section IV.
Paperwork Reduction Act
The Report and Order and Sixth Report and Order contains new
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. It will be submitted to the
Office of Management and Budget (OMB) for review under section 3507(d)
of the PRA. OMB, the general public, and other Federal agencies will be
invited to comment on the new or modified information collection
requirements contained in this proceeding. In addition, the Commission
note that pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission previously
sought specific comment on how the Commission might further reduce the
information collection burden for small business concerns with fewer
than 25 employees.
In this present document, the Commission has assessed the effects
of requiring entities interested in operating in the Lower 37 GHz band
to submit applications for nationwide, non-exclusive licenses and to
coordinate their proposed operations with other operators. It finds
that such requirements are necessary to comply with statutory
requirements and to avoid interference. The proposed information
collection requirements would apply equally to small and large
entities.
Congressional Review Act
The Commission will submit the Report and Order and Sixth Report
and Order to the Administrator of the Office of Information and
Regulatory Affairs, Office of Management and Budget, for concurrence as
to whether this rule is ``major'' or ``non-major'' under the
Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a
copy of the Report and Order and Sixth Report and Order to Congress and
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
I. Introduction
1. This item builds on the Commission's longstanding work to enable
greater and more intensive use of spectrum. Specifically, it
establishes a framework to share the Lower 37 GHz band among Federal
and non-Federal users. This framework will allow the Lower 37 GHz band
to be used for a range of services through rules designed to
accommodate a variety of use cases--including backhaul and backbone
links; fixed wireless broadband systems; Internet of IoT-type systems;
and supplemental capacity for mobile systems. The Commission also
adopts an initial mechanism for coordinating co-primary shared Federal
and non-Federal uses of the band, developed jointly with NTIA with
input from DoD and other interested Federal and non-Federal
stakeholders.
2. The Report and Order and Sixth Report and Order is the next step
in the Commission's efforts to make millimeter wave (mmW) spectrum
available for intensive use, and to ensure continued American
leadership in wireless services. Such leadership is critical for
economic growth, job creation, public safety, and global
competitiveness. The framework the Commission sets for the Lower 37 GHz
band will allow for co-primary spectrum sharing between Federal and
non-Federal users in the same spectrum band by offering site-based
authorizations capable of accommodating systems that do not require
geographic area licenses. By developing a framework that makes 600
megahertz of additional millimeter wave spectrum available for
commercial and for government use, the Commission takes another
critical step towards providing opportunities for more robust spectrum-
based services that serve the nation's interests.
II. Background
3. Lower 37 GHz Allocations. The entire 37 GHz band (37-38.6 GHz)
is allocated to the fixed and mobile services on a primary basis for
Federal and non-Federal use. Portions of the 37 GHz band are also
allocated to the Space Research Service (SRS) (space-to-Earth) on a
primary basis for Federal use (37-38 GHz), and to the Fixed-Satellite
Service (FSS) (space-to-Earth) on a primary basis for non-Federal use
(37.5-38.6 GHz). The use of this FSS downlink allocation is limited to
individually-licensed earth stations, and is also subject to other
limitations. In addition, the 37 GHz band is adjacent to the 36-37 GHz
band, where passive sensors in the Earth Exploration Satellite Service
(EESS) and SRS are located.
4. In 2016, the Commission adopted rules to permit fixed and mobile
terrestrial operation in the 37 GHz band (2016 Order, 81 FR 79894). The
Commission adopted a licensing regime for the 37.6-38.6 GHz portion of
the band (Upper 37 GHz band), and made the Lower 37 GHz band available
for coordinated co-primary sharing between Federal and non-Federal
users, in which users have a right to interference protection, but no
right to exclude other users. It explained that Federal and non-Federal
users would access the Lower 37 GHz band through a coordination
mechanism, which would be developed more fully through an accompanying
FNPRM and Federal agency/industry collaboration. The Commission adopted
the same technical rules for the Lower 37 GHz band and the Upper 37 GHz
band.
5. In the accompanying 2016 FNPRM (81 FR 58270), the Commission
sought comment on a proposal under which Federal and non-Federal fixed
and mobile users would access the Lower 37 GHz band by registering
individual sites through a coordination mechanism. Under the proposal,
the coordination mechanism would facilitate coordinated access by
authorizing a particular user to use a particular bandwidth of spectrum
at a particular location. The Commission sought comment on the
coordination mechanism and the functions that it should be able to
perform.\1\ The Commission also sought comment on other aspects of the
Lower 37 GHz band regime, including whether a portion of the lower band
segment should be made available for priority
[[Page 24751]]
access by Federal users; whether an enforcement mechanism in the Lower
37 GHz band is necessary to help identify and rectify interference
events; and whether and how to apply secondary market rules to the
Lower 37 GHz band.
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\1\ As proposed, the coordination mechanism would: (1) be able
to obtain information about the type of equipment used, the signal
contour from the coordinated location, and the bandwidth requested
compared with the bandwidth available; (2) be capable of regularly
updating the status of a coordinated location (on/off or authorized/
unauthorized); and (3) be able to incorporate this type of
information for both Federal and non-Federal fixed and mobile uses.
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6. In 2018, the Commission denied petitions for reconsideration
asking that it adopt exclusive area licensing in the Lower 37 GHz band,
and that it not allow Federal entities to have expansion rights in that
band (83 FR 34478, corrected 84 FR 17360). Instead, the Commission
affirmed its prior conclusion that ``[a]llowing part of the band to be
made available on a non-exclusive, shared basis will promote access to
spectrum by a wide variety of entities, support innovative uses of the
band, and help ensure that spectrum is widely utilized.'' In an
accompanying FNPRM, the Commission also sought comment on how to
coordinate operations under a non-exclusive licensing regime that could
be used to share spectrum either between non-Federal entities or
between Federal and non-Federal entities (2018 FNPRM, 83 FR 34520). The
Commission sought comment on a first-come-first-served licensing or
registration scheme. It further sought comment on three types of non-
Federal licenses for the Lower 37 GHz band: point-to-point licenses;
base station licenses; and ``site-cluster licenses,'' in which the
applicant would license a larger non-exclusive point-radius license
within which it could register individual base stations and/or point-
to-point links. It also sought comment on using the notice and response
rules applicable to part 101 microwave operations to coordinate
operations, as well as a proposal by Starry, Inc. to require use of a
third-party coordinator. The Commission also asked commenters to
address how to prevent ``warehousing,'' whereby a licensee preserves
its spectrum usage rights without providing actual service.
7. In the 2018 FNPRM, the Commission also recognized the importance
of the Lower 37 GHz band to future Federal operations, and stated its
intent to work in partnership with NTIA, DoD, and other Federal
agencies to develop a sharing approach that allows for robust Federal
and non-Federal use in the Lower 37 GHz band. The Commission proposed
to require non-Federal users to work with Federal users in good faith
to coordinate any new system Federal users might seek to deploy. At the
same time, it anticipated that non-Federal users would not be required
to agree to coordination requests that would carry a significant risk
of harmful interference, and it sought comment on the best means of
coordinating with Federal operations. To the extent that the solution
to preserving a Federal entity's options may be to reserve a part of
the band for its priority use, the Commission asked how to define such
priority rights.
8. The Commission received fifteen comments and eight reply
comments to the 2018 FNPRM that addressed the Lower 37 GHz band.
Commenters express a variety of views on licensing the band. Some
commenters continued to urge the Commission to adopt geographic area
licensing despite the Commission's prior decisions not to use
geographic area licensing in the Lower 37 GHz band. Other commenters
offered general principles the Commission should use but do not discuss
specific licensing mechanisms. Several commenters suggested the
Commission base its rules on those adopted for the 71-76 GHz and 81-86
GHz bands (70/80 GHz bands). Other commenters proposed that indoor use
be authorized on a licensed-by-rule basis. Additionally, in 2023, some
interested parties provided comments on sharing in the Lower 37 GHz
band in response to the Commission's 42 GHz NPRM (88 FR 49423).
9. Subsequently, in 2023, the National Spectrum Strategy (NSS),
adopted under the prior Administration, identified the Lower 37 GHz
band for further study ``to implement a co-equal, shared-use framework
allowing Federal and non-Federal users to deploy operations in the
band.''
10. To aid in the study of the band, the Commission's Wireless
Telecommunications Bureau (WTB) issued a Public Notice seeking further
development of the record relating to the Lower 37 GHz band (2024
Public Notice; 89 FR 68610). The 2024 Public Notice specifically
solicited further information on: (i) potential uses of the Lower 37
GHz band; (ii) a two-phase coordination framework; (iii) adjacent band
protections, including whether additional measures are needed to
protect spaceborne remote passive sensors in the 36-37 GHz band; (iv) a
licensing process, which would involve two steps for non-Federal
operations; and (v) priority access for DoD and military agency
departments in the 37-37.2 GHz portion of the band. It also sought
general input on a means of ensuring widespread access to Lower 37 GHz
spectrum. The Commission received thirteen comments and four ex parte
filings in response to the 2024 Public Notice.
11. On November 29, 2024, DoD and NTIA released a report
recommending adoption of the coordination framework described in the
2024 Public Notice; establishing priority access for DoD in the 37-37.2
GHz portion of the band while retaining co-equal access for Federal and
non-Federal users in the 37.2-37.6 GHz portion of the band; and
establishing stricter out-of-band emission limits than the Commission
previously adopted in 2016 in order to protect adjacent band operations
in the 36-37 GHz band.
III. Report and Order and Sixth Report and Order
12. As previously decided, the Lower 37 GHz band will be made
available for Federal and non-Federal use on a co-primary, shared
basis. Under this sharing framework licensees with operations have a
right to interference protection, but no right to exclude other users.
In the Report and Order, the Commission adopts a licensing framework
that requires non-Federal users first to obtain a nationwide non-
exclusive license. Next, users would coordinate their proposed site-
based operations with other potentially affected operators using a two-
phase interference coordination process. Following successful
coordination, licensees would register their proposed sites pursuant to
procedures to be established by WTB. The Commission also adopts
interference protection criteria to govern the coordination process and
facilitate sharing between and among Federal and non-Federal users.
13. In addition, the Commission adopts rules that grant a priority
to military systems operating in the 37-37.2 GHz portion of the band.
The Commission also sets forth construction requirements for non-
Federal users in the band and adopt more stringent requirements during
the initial site registration round to ensure efficient and effective
spectrum use and prevent spectrum warehousing. Finally, the Commission
declines to adopt secondary market rules given the licensing framework
it adopts herein.
A. Licensing Framework
14. The Commission adopts a two-step non-Federal licensing
framework under which a non-Federal entity seeking to operate in the
Lower 37 GHz band first obtains a nationwide non-exclusive license
covering all the frequencies in the Lower 37 GHz band, and then applies
for site-based registrations. Nationwide non-exclusive licenses best
serve the public interest based on this band's specific characteristics
(including propagation), and the characteristics of the contemplated
technologies and use
[[Page 24752]]
cases.\2\ The Commission also notes that, given the characteristics of
the Lower 37 GHz band and services, a nationwide, non-exclusive
approach will serve the public interest by permitting a range of users
to obtain a license and explore the opportunities the band provides.
The straightforward approach offers would-be entrants operational
flexibility by requiring them to provide site-specific information only
after sites are successfully coordinated and registered. There is no
limit on the number of non-exclusive nationwide licenses that may be
granted for Lower 37 GHz, as these licenses serve only as a
prerequisite for coordinating and registering individual point-to-point
links and base stations.
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\2\ The Commission notes that it also has proposed and adopted
similar nationwide non-exclusive licensing regimes in other spectrum
bands based on the factors presented in those proceedings. See,
e.g., Allocations and Service Rules for the 71-76 GHz, 81-86 GHz and
92-95 GHz Bands et al., WT Docket No. 02-146, RM-10288, Report and
Order, 18 FCC Rcd 23318 (2003) (69 FR 3257); Allocation of Spectrum
for Non-Federal Space Launch Operations et al., ET Docket No. 13-
115, RM-11341, Second Report and Order and Second Further Notice of
Proposed Rulemaking, 38 FCC Rcd 9029, 9053-58 paras. 66-77 (2023)
(89 FR 63296 and 88 FR 6488); Wireless Operations in the 3650-3700
MHz Band et al., ET Docket No. 04-151 et al., Report and Order and
Memorandum Opinion and Order, 20 FCC Rcd 6502, 6512-13 paras. 25-27
(2005) (70 FR 24712).
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15. The Commission declines to reconsider adoption of a geographic
area licensing regime, as some commenters have recommended. The
Commission previously rejected the use of geographic area licensing in
the Lower 37 GHz band, and revisiting the Commission's framework for
sharing the 37 GHz band would delay the ability to bring this spectrum
to market expeditiously.
16. The Commission also rejects the ``Property Zone'' license area
concept proposed by Intel and Cisco, because the Commission finds that
adopting a special category of license is unnecessary. As proposed by
Intel and Cisco, a Property Zone license would be a form of geographic
area license issued to a property owner and defined by the boundary of
the real property in question. As Intel and Cisco state, ``under the
rules already adopted, a real property owner would be able to register
and operate a site defined by its property boundary even if the
[Property Zone] license category did not exist.'' The Commission
agrees. The Commission disagrees with Intel and Cisco, however, that
the creation of Property Zone licenses ``has advantages in the
operational efficiency of the sharing framework.'' On the contrary, the
Commission finds that the simplified licensing framework the Commission
adopts allow property owners to register their operations using the
same straightforward framework as every other non-Federal licensee in
the Lower 37 GHz band.
B. Coordination Process
17. Background. In the 2016 FNPRM, the Commission sought comment on
the most appropriate coordination mechanism for the Lower 37 GHz band.
In 2018, the Commission noted that the Lower 37 GHz band would
accommodate a variety of use cases and sought comment on utilizing a
third-party coordinator or, alternatively, implementing a coordination
model similar to that used in part 101 point-to-point bands.
18. Commenters on the 2016 FNPRM and 2018 FNPRM largely do not
discuss or propose any coordination mechanisms or specific parameters.
Several commenters suggest the Commission base its rules on those
adopted for the 71-76 GHz and 81-86 GHz bands (70/80 GHz band). Other
commenters propose that indoor use be authorized on a licensed-by-rule
basis.
19. In 2020 the Commission began collaborating with NTIA and DoD to
further define and develop a possible coordination mechanism that would
permit the innovative type of Federal/non-Federal spectrum sharing
envisioned for the Lower 37 GHz band. These conversations focused on
balancing the desire to make this spectrum available expeditiously for
deployment with the need to protect both Federal and non-Federal
operations in the band from harmful interference. In the 2024 Public
Notice, WTB described this potential coordination mechanism, including
the technical details of its interference analysis. This two-phase
framework was developed to ensure meaningful access to spectrum by
later entrants, including Federal entrants, while also ensuring
adequate protection from harmful interference for the operations of
incumbents and earlier applicants, and the ability to register and
deploy sites quickly and efficiently.
20. The Commission received a range of comments discussing this
coordination mechanism. One group of commenters supports the Phase One/
Phase Two approach described in the 2024 Public Notice, while another
group favors the use of a dynamic spectrum management system (DSMS).
Some commenters suggest that the coordination mechanism would benefit
from further development, specifically by or in conjunction with
commercial entities. Multiple commenters suggest specific requirements
for Phase Two coordination with Federal entities, including a shot
clock or specific requirements on information disclosure.
21. Discussion. The Commission adopts a two-phase coordination
framework, as described in the 2024 Public Notice. This framework will
allow coordination to proceed efficiently while maintaining
interference protection for previously registered sites.
22. In the first phase of coordination, licensees will use certain
technical parameters of their proposed site registration to generate an
interference contour for the proposed site.\3\ For a point-to-point
link, the parameters will include transmitter location (latitude and
longitude), equivalent isotropic radiated power (EIRP), transmitter
antenna height, receiver antenna height, and antenna azimuth angle. A
point-to-multipoint or base-to-mobile site will also require submitting
these parameters except for receiver antenna height and antenna azimuth
angle. The applicant will use the required parameters, together with a
propagation model that takes into account propagation loss due to
terrain, to generate an interference contour for the proposed site. It
will then compare its contour with the contours of non-Federal sites
that previously have been registered in the database designated by WTB
and Federal sites that have previously been authorized by NTIA. If this
interference contour does not overlap with the contour for any
previously registered site, then coordination is successful, and the
licensee may proceed to register its proposed site, pursuant to
procedures to be established by WTB. Further, the Commission
anticipates that third party coordinators might offer services to
licensees that draw these contours and compare for overlap with
incumbent operator areas. Nonetheless, the Commission recognizes that
the development of a portal that would automate the creation and
comparison of Phase One contours could be useful to licensees, and the
Commission directs FCC staff to collaborate with NTIA staff on the
development of such a portal.
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\3\ As noted in the DoD/NTIA Report: ``NTIA will implement the
database for coordination between Federal and non-Federal systems,
as it does now for the 70/80/90 GHz coordination portal.''
Additional implementation details about this process will be
provided.
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23. If the first phase of coordination indicates an overlap between
the interference contours of the proposed site and a previously
registered site or authorized non-Federal site, then coordination is
not yet successful, and will proceed instead to Phase Two
[[Page 24753]]
coordination. In this phase, the licensee of the proposed site will
directly contact the operator(s) of the existing site(s). Non-Federal
operators' contact information will available to the public pursuant to
procedures to be established by WTB; Federal operators' contact
information will be provided by NTIA. The licensee of the proposed site
will provide additional technical details of the site to the other
operators. Under the rules the Commission adopts herein, non-Federal
operators will have fifteen business days to respond with the technical
details of their existing sites. The subsequent Phase Two coordination
discussions would then explore whether and under what circumstances a
placement inside the relevant interference contours might be feasible,
such as with the use of more advanced interference mitigation
techniques including antenna directivity, polarization, or shielding.
Operators, including Federal operators and the licensee of the
prospective site, will negotiate and cooperate in good faith to
determine whether coexistence would be possible. The Commission
anticipates that operators will work expeditiously to identify
solutions for co-existence. If the operators reach an agreement, then
coordination is successful and the licensee may register the
prospective site pursuant to procedures to be established by WTB.
24. Though the Commission does not find it necessary at this time
to mandate the use of a third-party coordinator or database
administrator, as requested by Comsearch and NCTA, it does emphasize
that, under the coordination mechanism adopted herein, applicants have
the flexibility to use a third-party coordinator for any of the Phase
One and Phase Two functions. Ultimately, in order to preserve
interference protection for site-specific locations, licensees must
ensure that these locations are registered pursuant to procedures to be
established by WTB.
25. A dispute resolution process will be established to resolve
disputes that arise during the coordination process. In the case of a
dispute between non-Federal entities, this process will be overseen by
the Commission; disputes between non-Federal and Federal entities will
be overseen jointly by the Commission and NTIA.\4\
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\4\ DoD and NTIA explain that they expect that Federal or non-
Federal entities operating or seeking to operate in the Lower 37 GHz
band ``may request that NTIA and FCC establish a process to resolve
the dispute'' and propose that ``NTIA and the FCC will initiate the
dispute resolution process within 30 days'' after receiving a
written request for assistance and the requested technical data.
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26. The Commission directs WTB to work with NTIA and relevant
Federal agencies to work out the details of how the coordination
process, including the dispute resolution process, will be implemented,
consistent with the rules and principles adopted herein. The Commission
also directs WTB to provide licensees with appropriate notifications
and instructions concerning the coordination process.
27. The Commission acknowledges the suggestions of some commenters
that a DSMS could provide a more efficient solution for spectrum
sharing in this band. However, at this time the record does not support
one specific DSMS model nor identify the parameters that would be
required to implement a DSMS. In the interest of moving expeditiously
toward deployment in this band, the Commission adopts the Phase One/
Phase Two framework for which the Commission have established technical
parameters and which the Commission are confident will be sufficient to
protect Federal and non-Federal operations. In addition, as some
commenters note, adoption of this approach does not necessarily
foreclose the later adoption of a DSMS. By registering a site,
licensees are not granted a right to exclude others from their
registration area but are protected against actual interference by
later-registered sites. Therefore, a DSMS would potentially be
compatible with existing deployments and registrations in the band, and
the Commission seeks comment elsewhere on whether to pursue this
approach in the future.
28. Additional Coordination Requirement for Operations in 37.5-37.6
GHz. The 37.5-37.6 GHz sub-band is shared with the Fixed-Satellite
Service. Licensees seeking to operate in the 37.5-37.6 GHz portion of
the band must therefore also obtain the consent of licensees of co-
channel Fixed-Satellite Service earth stations before registering site-
specific locations located within the protection zone established under
Sec. 25.136(b) and (c) of the Commission's rules.\5\
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\5\ To avoid confusion, the Commission provides an explanation
of how this will work in practice: New terrestrial operations will
have to avoid any existing exclusion zone established around an
already licensed earth station or coordinate with the earth station
operator to be within the zone. Applicants for new earth stations
will be required to coordinate with already existing terrestrial
operations within the zone pursuant to 47 CFR 25.136. If a new earth
station is licensed, then future terrestrial operations will be
precluded from the exclusion zone absent successful coordination
with the earth station.
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29. Indoor-Only GAA Operations. The Commission declines to allow
indoor-only operations on an uncoordinated or General Authorized Access
(GAA) basis, as proposed by the Digital Services Act (DSA) and New
America/Open Technology Institute (OTI). While certain building
materials effectively block millimeter wave signals, that is not true
for certain types of glass or other materials. Given the wide variety
of operations that may co-exist in the Lower 37 GHz band, the
Commission believe that it is prudent for all proposed operations to
coordinate and register their operations.
C. Interference Protection Criteria
30. As noted above, in the 2016 Order the Commission adopted the
same technical rules for the Lower 37 GHz band and the Upper 37 GHz
band. Currently, the Commission's rules apply the same field strength
limits throughout the 28 GHz, 37 GHz, and 39 GHz bands, including in
the Lower 37 GHz band. Licensees may not exceed a power flux density
(PFD) level of -76 dBm/m\2\/MHz at the geographical border of their
license area, unless the adjacent affected service area licensee agrees
to a different PFD.
31. The site registration scheme the Commission adopts herein
defines registered sites by calculation from the specifics of the
site's transmitter and the surrounding terrain, rather than using a
defined geographic area or radius. Accordingly, the field strength
limit in Sec. 30.204 will be inapplicable to sites in the Lower 37 GHz
band, and the Commission amends that rule to exclude the Lower 37 GHz
band.
32. Instead of a market boundary limit, the coordination mechanism
the Commission adopt for this band requires a coordination trigger: the
field strength level at which the interference contour is set. Appendix
A to the 2024 Public Notice specified the coordination trigger as a
power spectral density threshold (PSDT) of -110 dBm/100 MHz. Ericsson
supports this coordination trigger, while NCTA opposes it as too
conservative, especially given that the proposed propagation model does
not incorporate clutter or the highly focused nature of the
transmission beams in this band. While this is a more conservative
threshold than the market boundary limit discussed above, it is
appropriate here given its different function; deployments within this
contour are not precluded, but instead require further coordination.
Accordingly, the Commission adopts a coordination trigger of a power
spectral density threshold (PSDT) of -110 dBm/100 MHz for the purposes
of the Phase One coordination mechanism in this band.
[[Page 24754]]
33. Regarding clutter, the Commission notes that it can make a
significant difference in interference potential and can make
propagation modeling substantially more accurate and allow for more
intensive use of the band. At this time, the Commission does not have a
sufficient record to incorporate clutter into the Phase One
calculations. The Commission separately seeks to develop a record that
would allow it to incorporate clutter into the Phase One calculations.
34. Some commenters have raised the issue of adjacent channel
interference between Upper 37 GHz and Lower 37 GHz licensees in the top
100 MHz channel of the Lower 37 GHz band (37.5-37.6 GHz). This concern
is addressed by the out-of-band emission limits already present in the
Commission's rules, which apply to licensees in all Upper Microwave
Flexible Use Service (UMFUS) bands, including the Lower 37 GHz band.
The interference potential between stations in the Lower 37 GHz band
and adjacent channel stations in the Upper 37 GHz band is no greater
than the existing interference potential between adjacent channel
stations within the Upper 37 GHz band. Because the Commission's part 30
rules already address this issue, the Commission do not adopt any
further limits or restrictions for the Lower 37 GHz band specifically.
D. Site Registration
35. An operator seeking to register sites for non-Federal
operations must first obtain a non-exclusive nationwide license, and
then successfully coordinate each proposed site with all relevant
Federal and non-Federal incumbent operators. After completing those
steps, a licensee must register individual site locations. Verizon,
Ericsson, and NCTA support the site registration requirement.
Registration should provide all required technical information on the
proposed operations and sufficient evidence of successful coordination,
such as a ``green light'' result from a third-party coordinator. The
specific requirements for registration applications, and the dates of
the initial registration filing window, will be announced by WTB in a
future public notice.
36. The Commission proposed to allow point-to-point and point-
radius site registrations. The Commission adopt this proposal in a
modified form. Point-to-point and point-to-multipoint site
registrations will both be accepted; however, point-to-multipoint sites
will not be associated with a specified radius, which in the
Commission's previous proposal functioned as a type of exclusion zone.
Instead, all sites will have an associated interference contour that
will be used in the coordination process but not separately represented
in the database of record, although it may be calculated based on the
parameters available in a site's entry in the database. Point-to-
multipoint user stations at fixed locations, deployed in conjunction
with a registered base station site and transmitting at or under the
+75 dBm/100 MHz EIRP limit applicable to fixed stations, need not be
individually coordinated, but may operate under the coordination of the
base station(s) they are communicating with.
37. The Commission declines to adopt its proposal to implement
site-cluster licenses. Without any support in the record for this
proposal, the Commission finds that site-cluster licenses are not
necessary to promote the efficient deployment of the Lower 37 GHz band.
Licensees may still deploy networks by individually registering
multiple sites to create a network.
38. Initial Site Registration Round. Following the application
window for nationwide licenses, WTB will open an initial window for
site registrations (``initial site registration round''). Because there
will be no non-Federal UMFUS operations in the band when this initial
window is opened, licensees will not be required to coordinate with
other UMFUS licensees prior to filing registrations during this initial
site registration round only, though they will need to coordinate with
Federal operators through procedures to be developed by NTIA and the
Commission and subsequently announced. Site registrations will be
processed in order of receipt unless a later-filed registrant provides
evidence that it completed coordination prior to the other registrant.
Using a first-in-time approach will simplify processing of
registrations and help eliminate the possibility of mutually exclusive
registrations. Priority will be awarded to site registrations on a
first-in-time basis, according to the timestamp on the complete,
accepted site registration application. Later-filed applications that
conflict with priority registrations will be dismissed without
prejudice and may be refiled after coordinating with existing
registrants. After registrations in the initial site registration round
are processed, registrations will be accepted on an ongoing basis,
subject to compliance with the coordination rules.
39. Additional Steps Towards Implementation of the Licensing
Framework. As noted in various sections above, there are a number of
actions that will be taken before the initial registration round will
begin. WTB will develop procedures for filing applications for
nationwide non-exclusive licenses and will announce these procedures in
a Public Notice that establishes the application filing window. WTB
also will determine the appropriate procedures for registering non-
Federal sites, taking into account determinations that NTIA will make
about how information about Federal sites will be made available to
Commission licensees, and systems work will be done to make information
available. WTB and NTIA will work together to develop additional
coordination procedures, including a dispute resolution process, after
required or appropriate notice and comment, consistent with the rules
and principles adopted herein. Guidance regarding the coordination
process and registration procedures will be announced by WTB in a
Public Notice that establishes the filing window for site
registrations. Entities that wish to begin operations prior to the
establishment of the site registration window may apply for temporary
authority, on a non-interference basis, through the Commission's
established procedures; the Commission expects that such authority will
terminate prior to the initial site registration round. The Commission
will elsewhere consider additional issues regarding potential changes
in the unwanted emission limit for mobile stations in the Lower 37 GHz
band, possible improvements in the Phase One coordination process, and
potential paths towards DSMS. Licensees that initiate service in the
band will be subject to any future rule changes.
E. Priority for Military Systems in the 37-37.2 GHz Band
40. Background. Although the Lower 37 GHz band will be a co-
primary, shared use band among Federal and non-Federal users, the
Commission is cognizant that military deployments are often on longer
timescales than commercial deployments, and consequently that these
military deployments may require priority access to ensure they are not
precluded from accessing the band. At the same time, the Commission
recognizes that non-Federal deployment under certain conditions may be
necessary to prevent any such priority access spectrum from being
underutilized. As such, the 2024 Public Notice sought input on
implementing priority access for the DoD and military agencies in the
lower 200 megahertz portion of the band (37-37.2 GHz) and sought input
on the conditions under which non-Federal
[[Page 24755]]
users could operate in this portion of the band while maintaining
flexibility for military deployments Specifically, the 2024 Public
Notice sought input on allowing non-Federal users to register and
deploy sites in the 37-37.2 GHz portion of the band immediately,
subject to the conditions that they modify or cease operations in the
future if those operations conflict with subsequent military
deployments--and that non-Federal operators would not be protected from
harmful interference from subsequent military deployments.
41. No commenters in response to the 2024 Public Notice oppose
reserving the lower 200 megahertz of the band for priority access for
the DoD and military agencies, so long as the Commission allow non-
Federal operations in the lower 200 megahertz segment in areas where
DoD is not using the spectrum. Ericsson, however, urges the Commission
to limit Federal priority access to outdoor operations only, arguing
that the anticipated non-Federal indoor operations use cases are
unlikely to pose interference to Federal operations and should be
coordinated and protected on a first-come, first-served basis. NCTA
argues that under its alternative coordination mechanism priority
access would not be necessary. If, however, the Commission was to adopt
the proposed two-phase coordination mechanism, NCTA acknowledges that
priority access may be reasonable. All commenters oppose the lower 200
megahertz being set aside exclusively for military operations, instead
preferring that non-Federal operations be permitted to operate in the
lower portion of the band subject to the condition that they modify or
potentially cease operations if the non-Federal operations conflict
with military operations that are subsequently deployed.
42. Discussion. The Commission adopts priority access for Federal
military operations in the 37-37.2 GHz sub-band. The Commission
believes that establishing priority access strikes the right balance
between enabling military operations to deploy in the band despite
having longer timescales than non-Federal operations and permitting
non-Federal operations to make the most efficient use of the spectrum.
Non-Federal operators can register and deploy sites immediately in the
lower 200 megahertz, but must modify or cease operations in the future
if those operations conflict with subsequent military operations, and
non-Federal operators will not be protected from harmful interference
from subsequent military deployments in this portion of the band. The
Commission rejects Ericsson's suggestion to limit priority access to
outdoor operations on the grounds that, as discussed above, the
Commission is not excepting indoor operations.
43. In the DoD/NTIA Report, DoD and NTIA describe when and how they
would invoke priority access and the anticipated process for resolving
potential interference concerns. DoD and NTIA envision invoking
priority access when the incoming military operations' Phase One
conduit's overlap with deployed non-Federal operations in the 37-37.2
GHz portion of the band. Once priority access is invoked, DoD and NTIA
recommend that DoD would subsequently work in good faith with the non-
Federal operator over a set time period (i.e., 30 days) to resolve the
interference concerns. In that regard, the DoD/NTIA Report recommends
that the [non-Federal] operator either modify its service to be
consistent with DoD operations or shut down if coexistence is not
possible. Upon notification that DoD is beginning construction of its
facilities, the non-Federal operator must modify or cease any
overlapping operations. One of the rules adopted in this item imposes
that requirement. DoD and NTIA support a limited transition period of
compliance for non-Federal incumbents following this notification. The
decision whether to allow a transition period in a particular case is
within the discretion of DoD.
F. Construction Requirements
44. Background. To prevent warehousing of spectrum and to promote
rapid deployment of new technologies and services to the benefit of
consumers, the Commission adopts buildout requirements as discussed
below. In the 2024 Public Notice, WTB sought input on adopting buildout
requirements that would require non-Federal operators to finish
construction and begin operation within 120 days of the date the site
registration is granted, or the registration would be cancelled, and
the licensee would forfeit its interference protection priority.
45. Two commenters to the 2024 Public Notice address the
Commission's 120-day buildout proposal. NCTA cautions that finishing
construction within 120 days will be onerous in many circumstances,
while Verizon argues that Federal and non-Federal operators should be
subject to the same 120-day buildout deadline to ensure that both
deploy promptly and make efficient use of the band. In the DoD/NTIA
Report, DoD and NTIA contend that a disparity between Federal and non-
Federal operators' buildout requirements is appropriate ``in order to
account for Congressional appropriations and acquisitions timelines
that are typical of Federal operations.'' They further indicate that
``NTIA intends to target Federal operations to complete construction
and begin operations within 24-months of clearing a proposed site
through the coordination process.''
46. Discussion. The Commission adopts a two-phase construction
requirement, which consists of an accelerated timeframe for the initial
site registration round and a different timeframe for subsequent site
registrations. As explained below, in the initial site registration
round the Commission adopts an accelerated buildout deadline of 120
days from when the registration is granted to combat the heightened
risk among early entrants of speculative registrations, spectrum
warehousing, and the possibility of crowding out later entrants. An
operator that registers its site after the initial site registration
round must construct and start its registered operations within 12
months of the date the registration is granted for that site. Although
NTIA indicates that it is targeting a 24-month buildout deadline for
Federal operators, and Verizon argues that Federal and non-Federal
operators should be subject to the same buildout requirements, the
Commission declines to adopt a 24-month deadline for non-Federal
operators merely for the sake of uniformity. The Commission believes
that its twin goals of preventing spectrum warehousing and promoting
widespread deployment are best met by applying the more stringent 12-
month buildout deadline for non-Federal operators. The buildout clock
will start as soon as a registration is granted in the Universal
Licensing System (ULS). Although first-in-time rights will be afforded
once a site is successfully coordinated and registered, they will be
lost if facilities are not built out. Failure to meet the construction
deadline will result in the forfeiture of first-in-time protection and
result in automatic termination of the registration. The licensee will
also be prohibited from filing new site registration applications for
that site (or any site whose interference contour would overlap with
the interference contour for the terminated registration) for 12 months
from the date the registration automatically terminated (i.e., a period
of 12 months after the construction deadline).
G. Initial Site Registration Round
47. Background. Due to the limited number of channels in the Lower
37
[[Page 24756]]
GHz band, the variety of anticipated use cases, and the fact that both
Federal and non-Federal operators can deploy in the band, initial
demand for the band may exceed the available supply of channels in some
areas. There is a risk that operators may be incentivized to file a
large number of registrations as soon as site registration becomes
available. In order to avoid speculative registrations and to ensure
future entrants are not precluded from accessing the band, the 2024
Public Notice sought input on applying special rules to the initial
site registration round. Specifically, the 2024 Public Notice sought
input on limiting applicants to a single 100-megahertz channel per
site, establishing accelerated buildout deadlines (e.g., 60 or 90
days), and reserving the right for the Commission to grant an applicant
a different 100-megahertz channel in the event that multiple applicants
seek to register the same channel.
48. All commenters addressing the issue oppose limiting applicants
in the initial site registration round to a single 100-megahertz
channel. Starry and INCOMPAS argue that they require at least 200
megahertz of spectrum to provide quality service. NCTA, Federated
Wireless, and Joint Commenters, on the other hand, argue that
applicants should be permitted to register multiple 100-megahertz
channels per site, but only the first 100-megahertz channel should
receive first-in-time prioritization. NCTA explains that limiting
operators to a single 100-megahertz channel is ``inefficient and will
leave channels in many areas unused.'' Joint Commenters adds that
spectrum should be put to use in the present rather than reserved for
some unknown future user and that Federal access to the band in the
future is already preserved through priority access rules. INCOMPAS
suggests a similar arrangement where an applicant would be permitted to
register multiple 200-megahertz channels per site, but only the first
200-megahertz channel would receive first-in-time prioritization.
49. With respect to an accelerated buildout deadline in the initial
site registration round, Starry supports establishing such a time
period, while NCTA does not. Starry suggests, however, that a window
longer than 90 days is necessary. NCTA argues that a shorter deadline
than the proposed 120-day buildout deadline should not be necessary in
the initial site registration round, particularly if applicants are
entitled to first-in-time priority only in a single channel. Verizon
urges that any accelerated deadlines should apply to both Federal and
non-Federal operations to ensure all operators deploy promptly and do
not delay construction. Lastly, regarding the Commission reserving the
right to grant a channel different than the one the applicant
requested, Verizon agrees that the Commission should reserve the right
to do so, particularly if it facilitates spectrum contiguity while CTIA
asks for additional detail around how the Commission would resolve
situations where mutually exclusive applications are filed
simultaneously beyond offering an alternate 100-megahertz channel and
what the Commission would do if there is not an alternate channel
available.
50. Discussion. In order to better facilitate access to the band in
the initial site registration round, the Commission adopts a 200-
megahertz (two 100-megahertz channels) limit per site and an
accelerated buildout deadline of 120 days. The Commission declines to
adopt the approach suggested by NCTA, Federated Wireless, Joint
Commenters, and INCOMPAS in response to the 2024 Public Notice (wherein
operators would be permitted to register multiple channels, but only
the first registered channel would receive first-in-time protections).
The Commission finds that assigning different rights to channels in the
initial site registration round will unnecessarily complicate the
registration and coordination process. Moreover, permitting operators
to register up to 200 megahertz of spectrum as opposed to 100 megahertz
should facilitate the ability of applicants to acquire sufficient
spectrum to deploy their operations while ensuring the spectrum is put
to use to protect later entrants' access to the band. Further, in order
to streamline the process, in the initial site registration round. The
Commission will process applications in sequence based on the time
stamp indicating when the application was filed, and will consider
applications only for the specific frequency requested. Giving first-
in-time rights to the earlier-filed applications will prevent any
mutual exclusivity concerns, such as those raised by CTIA. The
Commission also declines to extend the initial site registration round
buildout deadline beyond 120 days because if operators cannot meet the
stringent initial buildout deadline, they can register their sites
after the initial site registration round. The accelerated buildout
deadline is designed to limit the initial number of registrations and
prevent spectrum warehousing by ensuring only operators who are ready
to construct and commence operations right away are incentivized to
register a site. Finally, the Commission reserves the right to assign a
different channel to an applicant than the channel requested in the
application. The Commission agrees with Verizon that allowing such a
change could facilitate the benefits of spectrum contiguity.
H. Secondary Market Rules
51. In the 2016 FNPRM, the Commission sought comment on whether and
how to apply secondary market rules, such as leasing, partitioning, and
disaggregation, to the Lower 37 GHz band. In response, Starry argues
that secondary market rules would preserve competition and availability
of spectrum. 5G Americas supports adopting the rules on the grounds
that they could yield market-based finer-granularity sharing that would
make more intensive use of the spectrum while not adding to the
complexity of the sharing scheme.
52. Notwithstanding the 2016 FNPRM comments, the Commission
declines to adopt secondary market rules for the Lower 37 GHz band.
Initially, since the Commission is using site-based registrations, as
opposed to geographic area licensing, partitioning and disaggregation
would not apply. With respect to leasing, the lower 37 GHz framework--
specifically, the nationwide, non-exclusive licensing approach and the
Phase One/Phase Two coordination and site registration approach--
provides licensees with optimal flexibility and no barriers to entry,
thereby negating the need for leasing. Moreover, the 70/80/90 GHz band,
which shares a similar framework with the Lower 37 GHz band insofar as
both employ non-exclusive licenses and require coordination and site
registration, does not include secondary market rules for similar
reasons.
IV. Final Regulatory Flexibility Analysis
53. As required by the RFA, the Commission incorporated an Initial
Regulatory Flexibility Analysis (IRFA) in the 2018 FNPRM. The
Commission sought written public comment on the proposals in the 2018
FNPRM, including comments on the IRFA. No comments were filed
addressing the IRFA. The FRFA incorporated in this item conforms to the
RFA, and is summarized below.
A. Need for, and Objectives of, the Report and Order and Sixth Report
and Order
54. In the Report and Order and Sixth Report and Order, the
Commission establishes a licensing framework that creates an innovative
shared space that can be used by a wide variety of Federal
[[Page 24757]]
and non-Federal users, by both new entrants and by established
operators--smaller businesses in particular--to experiment with new
technologies in millimeter wave frequencies located in the 37-37.6 GHz
band (Lower 37 GHz band). Specifically, the Commission adopts a
licensing and registration framework that creates a two-step process
under which a non-Federal entity first obtains a nationwide non-
exclusive license and then registers site-specific locations, with
first-in-time interference protection rights provisionally afforded
upon completed coordination and perfected upon construction.
55. Under this framework, priority access is given for military use
of the 37.0 to 37.2 GHz segment of the band. For the 37.2-37.6 GHz
segment, the Commission adopts rules that give both Federal and non-
Federal entities equal access, except that Federal users have priority
access in the 18 zones designated in the Commission's rules.
56. In the first step of the two-step process, a potential
commercial licensee must apply for a nationwide nonexclusive license by
submitting an application in the Commission's licensing database, the
ULS. Once the application has been accepted for filing, it is placed on
public notice. Once the license has been granted, the licensee
coordinates its proposed operations by submitting a valid coordination
notice to all licensees with operations whose interference contour
overlap with their proposed interference contour, and responses are due
within 15 days of submitting the coordination notice. Non-Federal
licensees are permitted, but not required, to use a third-party
coordinator to complete this task. Only after the site-specific
location has been successfully coordinated, is the licensee authorized
to complete the second step of the process: registering site-specific
location pursuant to procedures to be established by WTB.
57. The Commission also adopts two different construction deadlines
depending on when the licensee registered its site-specific location.
Licensees that register their site-specific locations during the
``initial phase'' must complete construction within 120 days of the
registration date for that site-specific location. Licensees that
register their site-specific locations after the ``initial phase'' must
complete construction with 12 months of the date of the registration
date for that site-specific location.
58. Because the military has been given priority in the 37.0-37.2
GHz band, first-in-time rights are accorded to non-Federal licensees
that are operating in the 37.2-37.6 GHz segment. First-in-time rights
are provisionally accorded to the non-Federal licensee that submits a
valid coordination notice, but only if that licensee registers the
site, and then also timely constructs the site-specific location. If
the licensee does not meet the applicable coordination and construction
deadlines for a site-specific location, the licensee loses its first-
in-time status, the site-specific location is deregistered, and the
licensee must wait 12 months before it may file and any new
applications for new site-registrations.
59. As mentioned above, the Commission has given the military
priority access to the 37.0-37.2 GHz band. Should a non-Federal
licensee wish to deploy operations in the 37.0-37.2 GHz band, in
addition to meeting the requirements applicable to all non-Federal
licensees in this band, it must query the NTIA's database to determine
whether there are prior Federal operations. If it receives a ``green
light'' it is authorized to deploy operations. If it receives a
``yellow light'' it may negotiate with NTIA and the military, but the
military is not obligated to accommodate the non-Federal licensee's
operations in the 37.0-37.2 GHz band.
60. Also as mentioned above, both Federal and non-Federal entities
have equal access to the 37.2-37.6 GHz segment of the band. In this
segment, non-Federal licensees must, in addition to complying with the
requirements applicable to all non-Federal licensees in this band,
query NTIA's database to determine whether there are prior Federal
operations. If it receives a ``green light'' it may deploy operations.
If it receives a ``yellow light'' it must negotiate with the military
before it is authorized to deploy operations. But since both Federal
and non-Federal entities have equal access to the 37.2-37.6 GHz
segment, Federal entities seeking to deploy operations in the 37.2-37.6
GHz segment must, in turn, query the record of non-Federal site
registrations. A first-in-time non-Federal licensee operating in the
Top 100 Partial Economic Areas (PEAs) must use ``good faith'' efforts
to accommodate subsequent Federal operations. A ``first-in-time''
licensee operating outside the Top 100 PEAs must use all ``reasonable
efforts'' to accommodate subsequent Federal operations.
61. The rules adopted in the Report and Order and Sixth Report and
Order further the Commission's objectives of providing mmW spectrum to
providers through efficient spectrum sharing with fewer regulatory
hurdles. In addition, making this spectrum available to providers will
ensure the availability of a wide variety of innovative products and
services to the American public, and allow small and other entities to
grow their businesses.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
62. No comments were filed addressing the impact of the proposed
rules on small entities.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
63. 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 provide a detailed statement of any change made to the
proposed rules as a result of those comments. The Chief Counsel did not
file any comments in response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
64. 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 same term
established in the Small Business Act. 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.
65. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission's actions, over time, may affect small
entities that are not easily categorized at present. The Commission
therefore describes, at the outset, three broad groups of small
entities that could be directly affected herein. First, while there are
industry-specific size standards for small businesses that are used in
the regulatory flexibility analysis, according to data from the SBA's
Office of Advocacy, in general a small business is an independent
business having fewer than 500 employees. These types of small
businesses represent 99.9% of all businesses in the United States,
which translates to 34.75 million businesses. Next, the type of small
entity described as a ``small organization'' is generally
[[Page 24758]]
``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.
66. 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 estimate that
at least 48,724 entities fall into the category of ``small governmental
jurisdictions.''
67. 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.
68. Fixed Microwave Services. Fixed microwave services include
common carrier, private-operational fixed, and broadcast auxiliary
radio services. They also include the Upper Microwave Flexible Use
Service (UMFUS), Millimeter Wave Service (70/80/90 GHz), Local
Multipoint Distribution Service (LMDS), the Digital Electronic Message
Service (DEMS), 24 GHz Service, Multiple Address Systems (MAS), and
Multichannel Video Distribution and Data Service (MVDDS), where in some
bands licensees can choose between common carrier and non-common
carrier status. Wireless Telecommunications Carriers (except Satellite)
is the closest industry with an SBA small business size standard
applicable to these services. The SBA small size standard for this
industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus, under the
SBA size standard, the Commission estimates that a majority of fixed
microwave service licensees can be considered small.
69. The Commission's small business size standards with respect to
fixed microwave services involve eligibility for bidding credits in the
auction of spectrum licenses for the various frequency bands included
in fixed microwave services. When bidding credits are adopted for the
auction of licenses in fixed microwave services frequency bands, such
credits may be available to several types of small businesses based
average gross revenues (small, very small and entrepreneur) pursuant to
the competitive bidding rules adopted in conjunction with the
requirements for the auction and/or as identified in part 101 of the
Commission's rules for the specific fixed microwave services frequency
bands.
70. In frequency bands where licenses were assigned by 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.
71. 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 $44 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. Consequently, using the
SBA's small business size standard most satellite telecommunications
service providers can be considered small entities. The Commission
notes however, that the SBA's revenue small business size standard is
applicable to a broad scope of satellite telecommunications providers
included in the U.S. Census Bureau's Satellite Telecommunications
industry definition. Additionally, the Commission neither requests nor
collects annual revenue information from satellite telecommunications
providers, and is therefore unable to more accurately estimate the
number of satellite telecommunications providers that would be
classified as a small business under the SBA size standard.
72. 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 $40 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that
[[Page 24759]]
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.
73. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
E. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
74. The RFA directs agencies to describe the economic impact of
proposed rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
75. The Commission expects the rules adopted in the Report and
Order and Sixth Report and Order will impose new or additional
reporting or recordkeeping and/or other compliance obligations on small
entities. Further, the Commission also anticipates that the filing,
recordkeeping and reporting requirements associated with the
requirements of the adopted rules will require small businesses as well
as other entities that intend to utilize the Lower 37 GHz band to use
professional, accounting, engineering or survey services in order to
meet these requirements. However, the adopted rule revisions should
benefit small entities and by giving them additional information,
greater flexibility, and more options for gaining access to wireless
spectrum. In addition, the comments in the record does not reflect
concerns by small entities regarding compliance cost, nor do they
contain cost estimates for compliance. As a result, the Commission
cannot, at this time, determine the cost of compliance for small
entities.
76. In order to comply with the adopted rules, small entities and
other applicants for Lower 37 GHz licenses and registrations will be
required to file license applications using the Commission's automated
ULS. ULS is an online electronic filing system that also serves as a
powerful information tool, one that enables potential licensees to
research applications, licenses, and antenna structures. It also keeps
the public informed with weekly public notices, Commission rulemakings,
processing utilities, and a telecommunications glossary. Site
registrations will be filed pursuant to procedures to be established by
WTB.
77. In addition, small entities and other licensees seeking to
register sites in the Lower 37 GHz band will be required to coordinate
their proposed operations with pre-existing non-Federal and Federal
operations. Such coordination will be necessary in order to prevent
interference. The coordination process gives licensees the ability to
analyze and work out potential interference issues based on the nature
of the systems involved. Furthermore, by requiring potential
interference conflicts are worked out prior to the filing of
registrations with the Commission, these procedures will minimize
compliance burdens on both licensees and the Commission.
F. Discussion of Steps Taken To Minimize the Significant Economic
Impact on Small Entities, and Significant Alternatives Considered
78. 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.''
79. The Commission does not believe that its adopted changes will
have a significant economic impact on small entities. However, in
reaching this conclusion, the Commission has nevertheless taken steps
to minimize potential significant economic impact on small entities and
also considered alternative possibilities. For example, the rules the
Commission adopts herein facilitate spectrum sharing by multiple
entities and remove unnecessary barriers to accessing spectrum.
Additionally, the Commission considered and rejected adopting
geographic area licensing in this band. While the Commission have taken
the potential concerns of small entities into account, the Commission
note that these costs are necessary to effectuate the purpose of the
Communications Act--namely, to further the efficient use of spectrum
and to prevent spectrum warehousing. Likewise, compliance with The
Commission's service and technical rules and coordination requirements
are necessary for the furtherance of its goals of protecting the public
while also providing interference free services. Moreover, while small
and large businesses must equally comply with these rules and
requirements, the Commission has taken the steps described below to
help alleviate the burden on small businesses that seek to comply with
these requirements. To the extent practicable, the Commission is using
existing systems and processes that small businesses should be familiar
with, thereby making it easier for them to access Lower 37 GHz band
spectrum and minimizing their costs. Also, when filing nationwide non-
exclusive licenses, licensees will use ULS, which is used for virtually
all wireless authorizations.
V. Ordering Clauses
80. Accordingly, it is ordered, pursuant to sections 4(i), 301,
302, 303(r), 308, 309, and 333 of the Communications Act of 1934, 47
U.S.C. 154(i), 301, 302a, 303(r), 308, 309, 333, that the Report and
Order, Sixth Report and Order is hereby adopted.
81. It is further ordered that parts 1 and 30 of the Commission's
rules are amended as specified in Final Rules and such rule amendments
will become effective 30 days after the date of publication in the
Federal Register. Sections 30.501 and 30.503 contain new or modified
information-collection requirements that require review by the OMB
under the PRA. The Commission directs WTB to announce the compliance
date for those information collections in a document published in the
Federal Register after OMB approval.
82. It is further ordered that the Office of the Secretary shall
send a copy of the Report and Order and Sixth Report and Order,
including the FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.
83. It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of the Report and
Order and Sixth Report and Order in a report to be sent
[[Page 24760]]
to Congress and the Government Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Claims.
47 CFR Part 30
Communications equipment, Communications common carriers.
Federal Communications Commission.
Marlene Dortch
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1 and 30 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. Amend Sec. 1.907 by revising the definition of ``Covered geographic
licenses'' to read as follows:
Sec. 1.907 Definitions.
* * * * *
Covered geographic licenses. Covered geographic licenses consist of
the following services: 1.4 GHz Service (part 27, subpart I, of this
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and
Digital Electronic Message Services (part 101, subpart G, of this
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter);
220-222 MHz Service, excluding public safety licenses (part 90, subpart
T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz
Commercial Services (part 27, subparts F and H); 700 MHz Guard Band
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part
90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45
GHz Service (part 27, subpart Q); 3.7 GHz Service (part 27, subpart O);
Advanced Wireless Services (part 27, subparts K and L); Air-Ground
Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of
this chapter); Broadband Personal Communications Service (part 24,
subpart E, of this chapter); Broadband Radio Service (part 27, subpart
M); Cellular Radiotelephone Service (part 22, subpart H); Citizens
Broadband Radio Service (part 96, subpart C, of this chapter);
Intelligent Transportation Systems Radio Service in the 5895-5925 MHz
band, excluding public safety licenses (part 90, subpart M);
Educational Broadband Service (part 27, subpart M); H Block Service
(part 27, subpart K); Local Multipoint Distribution Service (part 101,
subpart L); Multichannel Video Distribution and Data Service (part 101,
subpart P); Multilateration Location and Monitoring Service (part 90,
subpart M); Multiple Address Systems (EAs) (part 101, subpart O);
Narrowband Personal Communications Service (part 24, subpart D); Paging
and Radiotelephone Service (part 22, subpart E; part 90, subpart P);
VHF Public Coast Stations, including Automated Maritime
Telecommunications Systems (part 80, subpart J, of this chapter); Space
Launch Services (part 26 of this chapter); Upper Microwave Flexible Use
Service, except for the 37-37.6 GHz band (part 30 of this chapter); and
Wireless Communications Service (part 27, subpart D).
* * * * *
0
3. Amend Sec. 1.9005 by revising paragraph (ll) to read as follows:
Sec. 1.9005 Included services.
* * * * *
(ll) The Upper Microwave Flexible Use Service, except for the 37-
37.6 GHz band (part 30 of this chapter);
* * * * *
PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE
0
4. The authority citation for part 30 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307,
309, 310, 316, 332, 1302, unless otherwise noted.
0
5. Amend Sec. 30.2 by adding, in alphabetical order, the definitions
of ``Lower 37 GHz band'' and ``Upper 37 GHz band'' to read as follows:
Sec. 30.2 Definitions.
* * * * *
Lower 37 GHz band. The frequency range 37-37.6 GHz.
* * * * *
Upper 37 GHz band. The frequency range 37.6-38.6 GHz.
0
6. Amend Sec. 30.4 by revising paragraph (f) to read as follows:
Sec. 30.4 Frequencies.
* * * * *
(f) 37-38.6 GHz band: This band is divided into the Lower 37 GHz
band and the Upper 37 GHz band. Lower 37 GHz band channels: 37,000-
37,100 MHz, 37,100-37,200 MHz, 37,200-37,300 MHz, 37, 300-37,400 MHz,
37,400-37,500 MHz, 37,500-37,600 MHz. The 37,000-37,600 MHz band
segment shall be available on a site-specific, coordinated shared basis
with eligible Federal entities. Upper 37 GHz band channels: 37,600-
37,700; 37,700-37,800 MHz; 37,800-37,900 MHz; 37,900-38,000 MHz;
38,000-38,100 MHz; 38,100-38,200 MHz; 38,200-38,300 MHz; 38,300-38,400
MHz; 38,400-38,500 MHz, and 38,500-38,600 MHz.
* * * * *
0
7. Revise Sec. 30.7 to read as follows:
Sec. 30.7 Lower 37 GHz band--Shared coordinated service.
For licensing and operational rules applicable to the Lower 37 GHz
Band, see subpart F of this part. Unless otherwise noted, the technical
standards in subpart C of this part shall apply to the Lower 37 GHz
band.
0
8. Amend Sec. 30.104 by revising paragraph (a) and adding paragraph
(g) to read as follows:
Sec. 30.104 Performance requirements.
(a) Upper Microwave Flexible Use Service licensees, except for
Lower 37 GHz band licensees, must make a buildout showing as part of
their renewal applications. Licensees relying on mobile or point-to-
multipoint service must show that they are providing reliable signal
coverage and service to at least 40 percent of the population within
the service area of the licensee, and that they are using facilities to
provide service in that area either to customers or for internal use.
Licensees relying on point-to-point service must demonstrate that they
have four links operating and providing service, either to customers or
for internal use, if the population within the license area is equal to
or less than 268,000. If the population within the license area is
greater than 268,000, a licensee relying on point-to-point service must
demonstrate it has at least one link in operation and is providing
service for each 67,000 population within the license area. In order to
be eligible to be counted under the point-to-point buildout standard, a
point-to-point link must operate with a transmit power greater than +43
dBm. Lower 37 GHz band licensees shall comply with the requirements in
paragraph (g) of this section.
* * * * *
(g) Except as noted in Sec. 30.507(c), Lower 37 GHz band licensees
must construct their registered operations and begin providing service
within 12
[[Page 24761]]
months of the date the site registration is granted. Failure to meet
this requirement will result in deletion of the registration from the
license, and the licensee will be ineligible to register facilities at
that site for a period of 12 months after the construction deadline.
0
9. Amend Sec. 30.204 by revising paragraphs (a) and (b)(2) to read as
follows:
Sec. 30.204 Field strength limits.
(a) Base/mobile operations. The predicted or measured Power Flux
Density (PFD) from any Base Station operating in the 27.5-28.35 GHz
band, 37.6-38.6 GHz band, and 38.6-40 GHz bands at any location on the
geographical border of a licensee's service area shall not exceed -77.6
dBm/m\2\/MHz (measured at 1.5 meters above ground) unless the adjacent
affected service area licensee(s) agree(s) to a different PFD.
(b) * * *
(2) Prior to operating a fixed point-to-point transmitting facility
in the 37,600-40,000 MHz band where the facilities are located within
16 kilometers of the boundary of the licensees authorized market area,
the licensee must complete frequency coordination in accordance with
the procedures specified in Sec. 101.103(d)(2) of this chapter with
respect to neighboring licensees that may be affected by its
operations.
0
10. Add subpart F, consisting of Sec. Sec. 30.501 through 30.505, to
read as follows:
Subpart F--Lower 37 GHz Band
Sec.
30.501 [Reserved]
30.502 Site registration.
30.503 [Reserved]
30.504 Military priority on 37-37.2 GHz.
30.505 Special rule applicable to initial registration round.
Sec. 30.501 [Reserved]
Sec. 30.502 Site registration.
Point to-point links and base stations must be registered in the
pursuant to procedures to be established by the Wireless
Telecommunications Bureau prior to operation. Prior to filing a site
registration, a licensee must successfully coordinate with the relevant
co-channel Federal and non-Federal licensees. Site registrations will
be processed in order of receipt unless a later filed registrant
provides evidence that it completed coordination prior to the other
registrant.
Sec. 30.503 [Reserved]
Sec. 30.504 Military priority on 37-37.2 GHz.
(a) Federal military operations have priority in the 37-37.2 GHz
band (priority access). Non-Federal licensees can register and deploy
sites in the 37-37.2 GHz band, but must modify or cease operations in
the future if those operations conflict with later-deployed military
operations. A licensee's operations in this band will not be protected
from harmful interference from subsequent military deployments.
(b) If a licensee is notified that its operations conflict with
incoming military operations and priority access has been invoked, the
licensee must work with the Federal military operator in good faith to
either modify service to be consistent so it does not conflict with the
military operations or cease operations if coexistence is not possible.
Sec. 30.505 Special rules applicable to initial registration round.
(a) After giving licensees an opportunity to obtain nationwide non-
exclusive licenses, the Wireless Telecommunications Bureau shall, by
public notice, establish procedures for licensees to file an initial
set of site registrations (the initial site registration round).
(b) In the initial site registration round, licensees may register
a maximum of two 100-megahertz channels at any given site.
(c) Sites registered in the initial registration round must be
constructed and providing service within 120 days of the site
registration being granted.
(d) If multiple site registrations with overlapping Phase One
contours are filed during the initial site registration round, the
Wireless Telecommunications Bureau will grant the earlier filed
registration (based on the Universal Licensing System's time stamp).
Both licensees shall then engage in Phase Two coordination with respect
to the later-filed registration. The licensee with the later-filed
registration may amend its application to facilitate coexistence with
the other licensee so long as the amendment does not conflict with any
other site registration filed during the initial window or with any
existing or proposed Federal operations. If Phase Two coordination is
successful, the later-filed registration will be successful. If, after
good faith discussions and efforts to accommodate the later-filed
registration, Phase Two coordination is not successful, the later-filed
registration will be dismissed.
0
11. Delayed indefinitely, add Sec. 30.501 to read as follows:
Sec. 30.501 Nationwide non-exclusive licensing.
The Lower 37 GHz band is licensed on the basis of non-exclusive
nationwide licenses. There is no limit to the number of non-exclusive
nationwide licenses that may be granted for this band, and these
licenses will serve as a prerequisite for registering individual point-
to-point links and base stations.
0
12. Delayed indefinitely, add Sec. 30.503 to read as follows:
Sec. 30.503 Coordination of operations.
(a) Coordination process. Coordination of operations in the Lower
37 GHz band involves two phases. In the first phase, a licensee draws a
coordination contour around its proposed operations. If the licensee's
coordination contour does not overlap with the coordination contour of
existing or proposed co-channel Federal and non-Federal systems, the
licensee may proceed to register its site. If there is overlap with the
coordination contour of one or more existing or proposed co-channel
Federal and non-Federal systems, coordination proceeds to the second
phase, in which operators work directly with each other to determine
whether their systems are compatible.
(b) Phase One--(1) Drawing of coordination contour. The
coordination contour is the contour around the base or fixed station
where the power spectral density threshold (PSDT) equals -110 dBm/
100MHz. In order to calculate the power spectral density threshold, an
applicant must provide the Equivalent Isotropic Radiated Power (EIRP)
(expressed in dBm/100 MHz), and the latitude and longitude of the base
station (expressed in decimal degrees). The Irregular Terrain Model
(ITM) using parameters listed in table 2 to paragraph (b)(2) of this
section and ITU-R Recommendation P.676 using parameters listed in table
3 to paragraph (b)(2) of this section should be used to calculate the
distance from the base or fixed station to the coordination contour.
Clutter loss should not be considered.
(i) Point-to-multipoint operations. Applicants should draw the
coordination contour distance at each radial corresponding to Required
Propagation Loss (L<INF>Required</INF>), where L<INF>Required</INF> =
EIRP-PSDT. For purposes of this calculation, the receiver antenna
height of 10m should be assumed.
(ii) Base-mobile operations. Applicants should draw the
coordination contour distance at each radial corresponding to Required
Propagation Loss (L<INF>Required</INF>), where L<INF>Required</INF> =
EIRP-PSDT. For purposes of
[[Page 24762]]
this calculation, the receiver height of 1.5m should be assumed.
(iii) Point-to-point operations. For each angular range relative to
the main beam of the fixed station, applicants should draw the
coordination contour distance at each radial corresponding to Required
Propagation Loss (L<INF>Required</INF>) as indicated in table 1 to this
paragraph (b)(1)(iii). The applicant must provide the antenna height of
both the transmitter and receiver fixed stations (in meters).
Table 1 to Paragraph (b)(1)(iii)--Angular Range, Required Propagation
Loss, and Antenna Discrimination Factor
------------------------------------------------------------------------
Calculation of
Calculation of antenna
Angular range required propagation discrimination
loss factor (ADF)
------------------------------------------------------------------------
within <plus-minus>5[deg]... LRequired = EIRP-
PSDT.
<plus-minus>5[deg] to <plus- LRequired = EIRP-ADF- ADF increases
minus>15[deg]. PSDT. linearly from 0 dB
(at 5[deg]) to 30
dB (at 15[deg]) off-
axis.
<plus-minus>15[deg] to <plus- LRequired = EIRP-30
minus>45[deg]. dB-PSDT.
<plus-minus>45[deg] to <plus- LRequired = EIRP-ADF- ADF increases
minus>55[deg]. PSDT. linearly from 30 dB
(at 45[deg]) to 40
dB (at 55[deg]) off-
axis.
<plus-minus>55[deg] to <plus- LRequired = EIRP-40
minus>80[deg]. dB-PSDT.
<plus-minus>80[deg] to <plus- LRequired = EIRP-ADF- ADF increases
minus>100[deg]. PSDT. linearly from 40 dB
(at 80[deg]) to 50
dB (at 100[deg])
off-axis.
Outside <plus-minus>100[deg] LRequired = EIRP-50
dB-PSDT.
------------------------------------------------------------------------
(2) Parameters to be used in generating Phase One contours. The
following parameters shall be used in generating Phase One contours:
Table 2 to Paragraph (b)(2)--ITM Parameters To Be Used in Contour Zone
Generation
------------------------------------------------------------------------
Parameter Value
------------------------------------------------------------------------
Frequency.............................. 37 GHz.
Mode................................... Terrain Dependent.
Transmitter Antenna Height (Above Provided by Applicant (m).
Ground Level).
Transmitter EIRP....................... Provided by Applicant (dBm/100
MHz).
Reference Receiver Antenna Height Point-to-Multipoint: 10 meters.
(Above Ground Level). Base-to-Mobile: 1.5 meters.
Point-to-Point: Provided by
Applicant (m).
Transmitter Location................... Latitude (Decimal Degrees) and
Longitude (Decimal Degrees).
Mode of Variability.................... Single Message.
Surface Refractivity................... 301 N-Units.
Dielectric Constant of Ground.......... 15.
Radio Climate.......................... Continental Temperate.
Reliability............................ 50%.
Confidence............................. 50%.
Terrain Data........................... United States Geological Survey
1-Second.
Atmospheric Attenuation................ Recommendation ITU-R P.676.
Number of Radials...................... 360 (1 Degree Increments).
Spacing Along Radial................... 30 meters.
Distance Criteria...................... 1st point along radial where
the required path loss is
achieved.
------------------------------------------------------------------------
Table 3 to Paragraph (b)(2)--ITU-R P.676 Parameter Inputs
------------------------------------------------------------------------
Parameter Value
------------------------------------------------------------------------
Frequency.............................. 37 GHz.
Air Temperature........................ 23 C.
Surface Atmospheric Pressure........... 1013.25 hPa.
Ground-level Water Vapor Density....... 7.5 g/m3.
------------------------------------------------------------------------
(c) Phase Two--(1) Operator-to-operator coordination. When the
contour of a licensee's proposed operations overlaps with the existing
or proposed contour of another licensee, there will be a second phase
of coordination, in which operators would communicate directly to
discuss whether and under what circumstances a placement inside the
relevant contours might be feasible.
(2) Information exchange. The applicant seeking to coordinate shall
notify the incumbent operator and provide the information in table 1 to
paragraph (b)(1)(iii) of this section concerning its proposed
operations. Once that information is provided, the incumbent shall
respond within 15 business days with the technical information in table
4 to this paragraph (c)(2) concerning its operations.
[[Page 24763]]
Table 4 to Paragraph (c)(2)--Information To Be Exchanged in Phase Two
Coordination
------------------------------------------------------------------------
Technical parameter Units Comments
------------------------------------------------------------------------
Transmitter Geographic Degrees/Minutes/
Coordinates. Seconds.
Transmitter Antenna Ground Meters.............. Above Mean Sea Level
Elevation. (as indicated by
the U.S. Geological
Survey (USGS)
terrain database).
Transmitter Antenna Height.. Meters.............. Above Ground Level.
Transmitter Power........... dBm.................
Mainbeam Antenna Gain....... dBi.................
Equivalent Isotropic dBm.................
Radiated Power.
Center Frequency............ MHz.................
Emission Bandwidth.......... MHz.................
Emission Designator......... Emission
Classification
Symbols.
Emission Spectrum........... Relative Attenuation -3 dB, -20 dB, -60
(dB) as a Function dB points.
of Frequency Offset
from Center
Frequency (MHz).
Transmitter Antenna Azimuth Degrees............. With Respect to True
of Maximum Gain. North.
Transmitter Antenna Downtilt/ Degrees............. With Respect to
Uptilt (Elevation) Angle. Horizontal.
Transmit Antenna
Polarization:
Transmitter Azimuth Off- dBi as a function of Required for all use
Axis Antenna Pattern. off-axis angle in cases; point-to-
degrees. point systems
should use National
Spectrum Management
Association (NSMA)
Format.
Transmitter Elevation dBi as a function of Required for all use
Off-Axis Antenna off-axis angle in cases; point-to-
Pattern. degrees. point systems
should use NSMA
Format.
Transmitter Cable/ dB..................
Insertion Loss.
Receiver Geographic Degrees/Minutes/
Coordinates (Point-to- Seconds.
Point Systems Only).
Receiver Antenna Ground Meters.............. Above Mean Sea Level
Elevation (Point-to- (as indicated by
Point Systems Only). the USGS terrain
database).
Receiver Antenna Height Meters.............. Above Ground Level.
(Point-to-Point Systems
Only).
Receiver Mainbeam dBi.................
Antenna Gain.
Receiver Threshold/ dBm................. Minimum Discernible
Sensitivity. Single/Criteria.
Receiver Noise Figure... dB..................
Receiver IF Selectivity. Relative Attenuation -3 dB, -20 dB, -60
(dB) as a Function dB points.
of Frequency Offset
from Center
Frequency (MHz).
Receiver Antenna Azimuth degrees............. With Respect to True
of Maximum Gain. North.
Receiver Antenna degrees............. With Respect to
Downtilt/Uptilt Horizontal.
(Elevation) Angle.
Receive Antenna
Polarization:
Receiver Azimuth Off- dBi as a function of Required for all use
Axis Antenna Pattern. off-axis angle in cases; point-to-
degrees. point systems
should use NSMA
Format.
Receiver Elevation Off- dBi as a function of Required for all use
Axis Antenna Pattern. off-axis angle in cases; point-to-
degrees. point systems
should use NSMA
Format.
Receiver Cable/Insertion dB..................
Loss.
------------------------------------------------------------------------
(3) Phase Two coordination principles. The following principles
shall apply in Phase Two coordination:
(i) Parties shall negotiate and cooperate in good faith.
(ii) Parties are encouraged to use advanced interference mitigation
techniques, such as antenna directivity, polarization, shielding,
frequency selection, time division duplex (TDD) synchronization, or
transmitter power control to provide solutions in specific situations.
(iii) Measured antenna patterns are preferred and should be used
whenever available. In their absence, the operators may use modeled
antenna patterns provided by the manufacturer, or a model that
estimates the antenna pattern.
(iv) To calculate the propagation loss, Phase One technical
assumptions of ITM and ITU-R P.676 are applicable. However, parties are
also encouraged to mutually agree on proprietary propagation models,
actual measurement data, or other environmental data, consistent with
good engineering practices.
(v) To account for clutter loss, parties may consider ITU-R P.2108.
However, parties are also encouraged to mutually agree on proprietary
clutter loss models and building height databases, consistent with good
engineering practices.
(vi) Both parties must agree on and accept the results of the
analysis performed using the agreed-upon methodology. The Phase Two
coordination analysis should not consider worst-case conditions unless
justified.
(4) Interference protection criteria. Absent an agreement between
the parties, the interference protection criteria for Phase Two is I/N
= -6 dB, where:
(i) I (interference) is the received interference power at the
input of the receiver, calculated with formula I = PT + GT + GR - LP -
LT - LR -LC - LA - LPol - FDR. PT is the transmitter power (dBm); GT is
the transmitter antenna gain in the direction of the receiver (dBi); GR
is the receiver antenna gain in the direction of the receiver (dBi); LP
is the basic transmission loss, in the absence of clutter (dB); LT is
the transmitter cable/insertion losses (dB); LR is the receiver cable/
insertion losses (dB); LC is the
[[Page 24764]]
clutter loss (dB); LA is the atmospheric loss (dB); LPol is the
polarization loss (iB); and FDR is the Frequency Dependent Rejection
(dB); and
(ii) N (noise) is the background noise level at receiver,
calculated with formula N = -114 + 10 Log IFBW + NF. IFBW is the
receiver 3 dB intermediate frequency bandwidth, in megahertz. If not
available, the emission bandwidth may be used. NF is the receiver noise
figure, in dB. The noise temperature is assumed to be 290 degrees
Kelvin (room temperature) for all systems using this band.
(iii) The compatibility analysis only considers single-entry
interference. If operators mutually agree to do so, they may consider
aggregate interference.
[FR Doc. 2025-10476 Filed 6-11-25; 8:45 am]
BILLING CODE 6712-01-P
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