Proposed Rule2025-10477
Lower 37 GHz Band and Use of Spectrum Bands Above 24 GHz for Mobile Radio Service
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Published
June 12, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) seeks comment on three issues: adopting a more stringent emissions limit for Upper Microwave Flexible Use Service (UMFUS) operations above 37 GHz; whether the first phase of the coordination mechanism adopted in the companion final rule, published elsewhere in this issue of the Federal Register, can be enhanced by consideration of additional factors; and whether it might be possible to replace the same coordination mechanism with a dynamic spectrum management system (DSMS). The Commission also proposes to correct an error in a power flux density (PFD) figure in one of its technical rules for UMFUS.
Full Text
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[Federal Register Volume 90, Number 112 (Thursday, June 12, 2025)]
[Proposed Rules]
[Pages 24767-24773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10477]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 30
[WT Docket No. 24-243, GN Docket No. 14-177; FCC 25-24; FR ID 293182]
Lower 37 GHz Band and Use of Spectrum Bands Above 24 GHz for
Mobile Radio Service
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on three issues: adopting a more stringent
emissions limit for Upper Microwave Flexible Use Service (UMFUS)
operations above 37 GHz; whether the first phase of the coordination
mechanism adopted in the companion final rule, published elsewhere in
this issue of the Federal Register, can be enhanced by consideration of
additional factors; and whether it might be possible to replace the
same coordination mechanism with a dynamic spectrum management system
(DSMS). The Commission also proposes to correct an error in a power
flux density (PFD) figure in one of its technical rules for UMFUS.
DATES: Comments are due on or before July 14, 2025; reply comments are
due on or before July 28, 2025. Written comments on the Initial
Regulatory Flexibility Analysis (IRFA) in this document must have a
separate and distinct heading designating them as responses to the IRFA
and must be submitted on or before July 14, 2025.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated in the DATES section of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998). You may submit comments,
identified by WT Docket No. 24-243, by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
[cir] Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
[cir] Hand-delivered or messenger-delivered paper filings for the
Commission's Secretary are accepted between 8 a.m. and 4 p.m. by the
FCC's mailing contractor at 9050 Junction Drive, Annapolis Junction, MD
20701. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes and boxes must be disposed of before entering
the building.
[cir] Commercial courier deliveries (any deliveries not by the U.S.
Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
[cir] Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#e1878282d4d1d5a1878282cf868e97"><span class="__cf_email__" data-cfemail="670104045257532701040449000811">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530.
FOR FURTHER INFORMATION CONTACT: Catherine Schroeder, Wireless
Telecommunications Bureau, Broadband Division, at
<a href="/cdn-cgi/l/email-protection#cc8fadb8a4a9bea5a2a9e29fafa4bea3a9a8a9be8caaafafe2aba3ba"><span class="__cf_email__" data-cfemail="4b082a3f232e3922252e6518282339242e2f2e390b2d2828652c243d">[email protected]</span></a> or (202) 418-1956.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) in WT Docket No. 24-243;
GN Docket No. 14-177; FCC 25-24; FR ID 293182; adopted on April 28,
2025, and released on April 29, 2025. A Report and Order and Sixth
Report and Order relating to the Further Notice of Proposed Rulemaking
will be published in the Final Rule section of the Federal Register on
the same date as this summary. The full text of the document is
available athttps://<a href="http://www.fcc.gov/document/fcc-clears-way-wireless-innovation-lower-37-ghz-band-0">www.fcc.gov/document/fcc-clears-way-wireless-innovation-lower-37-ghz-band-0</a>.
Ex Parte Rules
The proceeding shall be treated as ``permit-but-disclose'' in
accordance with the Commission's ex parte rules. Persons making ex
parte presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must: (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made; and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda, or other filings in the proceeding, the presenter may
provide citations to such data or arguments in his or her prior
comments, memoranda, or other filings (specifying the relevant page
and/or paragraph numbers where such data or arguments can be found) in
lieu of summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule Sec.
1.1206(b). In proceedings governed by rule Sec. 1.49(f) or for which
the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
Initial Regulatory Flexibility Analysis
The Commission prepared an Initial Regulatory Flexibility Analysis
(IRFA) concerning the potential impact of rule and policy changes in
the FNPRM on small entities. Written public comments are requested on
the IRFA. Comments must be filed by the deadlines for comments on the
FNPRM indicated in
[[Page 24768]]
the DATES section of this document and must have a separate and
distinct heading designating them as responses to the IRFA; see section
II of this document for more detail.
Paperwork Reduction Act
The Further Notice of Proposed Rulemaking does not contain proposed
information collection requirements subject to the Paperwork Reduction
Act of 1995, Public Law 104-13. In addition, therefore, it does not
contain any proposed information collection burden ``for small business
concerns with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002.
Providing Accountability Through Transparency Act
The Providing Accountability Through Transparency Act requires each
agency, in providing notice of a rulemaking, to post online a brief
plain-language summary of the proposed rule. Accordingly, the
Commission will publish the required summary of the FNPRM on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Synopsis
I. Further Notice of Proposed Rulemaking in WT Docket No. 24-243
1. In the FNPRM, the Commission seeks comment on whether to revise
the emissions limits for Upper Microwave Flexible Use Service (UMFUS)
operations above 37 GHz to protect passive sensors in the adjacent 36-
37 GHz band, whether the initial coordination mechanism can be enhanced
by consideration of additional factors like clutter, the development of
an automated portal, and/or whether a dynamic sharing mechanism might
be considered in the future.
2. 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.
3. In 2016, the Commission adopted rules to permit fixed and mobile
terrestrial operation in the 37 GHz band (81 FR 79894). In an
accompanying 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. 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). In an FNPRM published in 2018, 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). 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 the National
Telecommunications and Information Administration (NTIA), Department of
Defense (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.
4. Subsequently, in 2023, the National Spectrum Strategy, 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.''
5. 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.
6. On November 29, 2024, DoD and NTIA released a report (DoD/NTIA
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 (OOBE) limits than the
Commission previously adopted in 2016 in order to protect adjacent band
operations in the 36-37 GHz band.
7. On April 28, 2025, the Commission adopted a Report and Order and
Sixth Report and Order (2025 R&O) to establish 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 Things (IoT)-type systems; and supplemental capacity for mobile
systems. The 2025 R&O 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. The FNPRM was adopted at the same time as the
2025 R&O.
A. Emissions Into the Passive Band Below 37 GHz
8. Background. There are Federal and non-Federal allocations for
EESS (passive) and SRS (passive) in the adjacent 36-37 GHz band.
Passive sensors use the 36-37 GHz band to collect data on ocean surface
vector winds, cloud liquid water, precipitation rate, snow depth,
tropical cyclone, forecast and warning, sea ice characterization, and
the National Weather Prediction model. The NTIA/DoD Report notes that
the military services use this data in a wide variety of ways that they
note is important to their daily operations, and indicates these
agencies' concern that lack of adoption of Resolution 243 would
increase the likelihood that continued existing and proposed military
operations cannot be accommodated in the 36-37 GHz band. The American
Geophysical Union (AGU), American Meteorological Society (AMS),
National Weather Association (NWA) and University Corporation for
Atmospheric Research (UCAR) note that the data collected by these
observations are openly available and extremely valuable to civil and
international users of meteorological information across the public,
private and academic sectors for
[[Page 24769]]
weather prediction and climate monitoring worldwide. National
Aeronautics and Space Administration (NASA) also uses this band in
connection with ``the Global Precipitation Measurement (GPM) Mission,
which is an important science satellite mission that operates passive
sensors to measure Earth's rain and snowfall.''
9. In 2016, the Commission adopted an OOBE limit that it concluded
would ``keep emissions from an UMFUS device into the 36-37 GHz band
well below the -10 dBW level specified by footnote US550A,'' noting
that the -10 dBW power limit ``was adopted to protect passive sensors
in the 36-37 GHz band in accordance with ITU Resolution 752 (WRC-07).''
Section 30.203 of the Commission's rules limits out-of-band emissions
for licensees in the Lower and Upper 37 GHz bands to -13 dBm/MHz, which
is equivalent to -13 dBW/GHz, which is more stringent than the limit
contained in Resolution 752 (WRC-07).
10. Subsequently, Resolution 243 (WRC-19), Table 1, established a
two-prong out-of-band emission limit into the adjacent 36-37 GHz band
for International Mobile Telecommunications (IMT) stations operating in
37-40.5 GHz: (1)-43 dBW/MHz, which is equivalent to the -13 dBm/MHz
limit in the Commission's rules; (2) -23 dBW/GHz, which is the unwanted
emission power over the full 36-37 GHz band. In addition, Resolution
243 (WRC-19), Table 1, recommended a stricter emission limit of -30
dBW/GHz for IMT stations. In their report, NTIA and DoD contend that
protection to these levels is ``essential, considering the anticipated
higher density deployment of fixed and mobile services that will result
from the development of a sharing framework in the Lower 37 GHz Band.''
As a result, NTIA recommends updating the U.S. footnotes to reflect
WRC-19 Resolution 243, Table 1.
11. All potential non-Federal users of Lower 37 GHz spectrum
addressing the issue in response to the 2024 Public Notice oppose
revising the OOBE limits for the 37 GHz band, arguing that the existing
limit is sufficient to protect passive sensors and that revising the
limit could make existing equipment unusable. Ericsson notes that
existing 37 GHz band equipment was designed to meet the OOBE limits
adopted by the Commission in 2016. It also notes that the Commission
previously required that this equipment be operable across the entire
37-40 GHz band, and that ``radios have been deployed based on those
existing Part 30 rules.'' Accordingly, Ericsson contends that changing
the OOBE limits after rules have already been established for the Upper
37 GHz and 39 GHz bands could impair existing equipment and deployments
in those bands, because equipment in those bands was not designed to
comply with the more stringent Resolution 243 limits.
12. The National Academy of Sciences Committee on Radio Frequencies
(CORF) and American Geophysical Union (AGU)/American Meteorological
Society (AMS)/National Weather Association (NWA)/University Corporation
for Atmospheric Research (UCAR) urge, at a minimum, the incorporation
of the interference protection limits in Resolution 243 (WRC-19) into
the Commission's rules. CORF asserts a need for a greater degree of
protection from OOBE than what was defined by WRC-19 when accounting
for the aggregate emission from many devices within the footprint of
these passive sensors; AGU, AMS, NWA and UCAR support this view.
13. Discussion. In response to the DoD/NTIA Report, the Commission
seeks comment on whether or not to adopt a more stringent unwanted
emission limit for mobile stations in the Lower 37 GHz band. In
addition to WRC-19 Resolution 243, is there a technical basis for
revisiting the Commission's 2016 conclusion that the Commission's
existing limits are sufficient to protect passive observations below 37
GHz? Should the Commission adopt the limits in WRC-19 Resolution 243?
Alternatively, should the Commission adopt a lesser limit? NTIA and
DoD, as well as CORF and AGU/AMS/NWA/UCAR, assert that adopting the
mean power -23 dBW/GHz limit over the 36-37 GHz band is ``essential,''
given the increased density in the shared Lower 37 GHz band, and that
it might even be appropriate to adopt a more stringent limit. However,
users and potential users of the band assert that the existing limit is
sufficient--and that, due to the operability requirement, changing the
OOBE limit could degrade the performance of existing equipment and
deployments for which the Commission adopted harmonized technical rules
across three gigahertz of spectrum in 2016. The Commission seeks
comment on the U.S. footnote that DoD and NTIA propose to add to the
Table of Allocations implementing the limits adopted as part of
Resolution 243 at WRC-19.
14. The Commission asks both proponents and opponents of adopting
stricter limits to provide specific technical information to support
their arguments. In particular, the Commission seeks comment on the
actual characteristics of currently available and currently deployed
equipment, including equipment available or deployed in the Upper 37
and 39 GHz bands (37.6-40 GHz). What standard for OOBE does this
equipment currently meet? Are there measurements of their actual OOBE,
or the roll-off of their emissions over varying frequency ranges, that
would shed light on the potential effects on current services in the
adjacent passive band? Also, what are the technical characteristics of
adjacent-band satellite sensors that are germane to determining the
level of protection they need from operations in the Lower 37 GHz band?
Separately, what are the appropriate assumptions regarding the nature
and density of industry's planned terrestrial deployment, and how do
these align with the assumptions in the studies underlying WRC-19
Resolution 243? What kind of propagation and scattering models should
be used to determine the impact, if any, of OOBE from terrestrial
transmitters on satellite sensors? What would be the cost of modifying
this equipment to comply with the limits in Resolution 243--either in
replacing or modifying already deployed equipment, or in making changes
to equipment lines manufactured on a going-forward basis? Would it be
possible to operate currently available equipment in a way that
complies with the Resolution 243 limits, and if so, what would be the
effect on the quality of service provided?
15. The Commission anticipates that in the 200 megahertz closest to
the passive band (37-37.2 GHz) the level of non-Federal deployment will
be lower because of the priority given to military operations in that
portion of the band. While the Commission anticipates that there could
be higher levels of deployment in the 37.2-37.6 GHz band, the extra 200
megahertz of separation from the passive band should provide some level
of additional protection of passive observations. The Commission also
seeks comment on the alternative of applying the stricter limit to non-
Federal operations only in the 37-37.2 GHz portion of the band. If the
Commission took this approach, would that change require a modification
of the existing requirement that equipment be tunable across the entire
37-40 GHz band?
16. The Commission seeks comment on how to treat existing equipment
and Upper 37 GHz and 39 GHz deployments. Resolution 243 extends up to
40.5 GHz, which includes Upper 37 GHz band and the 39 GHz band, which
are licensed on a geographic area
[[Page 24770]]
basis. The Commission seeks comment on whether existing deployments in
those bands use equipment that will not comply with the Resolution 243
emissions limits. Given the minimum of 600 megahertz of separation
between the upper edge of the passive band and the lower edge of the
Upper 37 GHz band, the Commission seeks comment on whether allowing
existing equipment to continue operating in the Upper 37 GHz band or 39
GHz band would negatively impact EESS observations. In light of this
issue, the Commission seeks comment on the potential costs and benefits
of grandfathering existing deployments in the Upper 37 GHz band
indefinitely.
17. Different considerations apply with respect to the Lower 37 GHz
band, where there are no existing deployments authorized under the
UMFUS rules. If the Commission concludes that increased emissions
limits are necessary to protect observations below the Lower 37 GHz
band, there would be interest in having deployments promptly comply
with the Resolution 243 limits. On the other hand, as noted by NCTA,
one of the attractions of the Lower 37 GHz band ``is the prospect for
expedited deployment due to the existing robust and growing 5G
equipment ecosystem in the band.'' If the more fully developed record
in this proceeding shows that Lower 37 GHz deployments are not already
aligned with Resolution 243 regarding a more stringent emissions limit,
existing standards will have to be modified, and equipment will have to
be designed to meet the new standard. That will delay the ability to
deploy quickly in the band. In light of those factors, the Commission
seeks comment on whether there is a transition mechanism that would
allow Lower 37 GHz licensees to deploy initially using existing
equipment while establishing a schedule by which they would have to
comply with a more stringent emissions limit. The Commission invites
commenters to suggest such a transition mechanism, keeping in mind the
important interests of protecting passive observations and encouraging
rapid deployment in the band.
B. Improvements in Phase One Coordination
18. The Commission anticipates that ultimately the Phase One
process of calculating interference contours for prospective sites, and
comparing those contours to the contours of existing sites, may be
automated through a portal. The Commission seeks comment on any factors
that it should consider when exploring solutions in this space. What
features would be most useful for applicants in terms of efficiently
navigating this process? Are there specific features of the 70/80/90
GHz database that would be helpful for applicants in this band, as
suggested by SpaceX and New America/Public Knowledge? Should the
Commission designate one or more third parties to develop this
functionality, and if so how should such parties be chosen? What would
be the potential benefits or drawbacks of doing so?
19. Additionally, clutter can make a significant difference in
interference potential and can make propagation modeling substantially
more accurate to allow for more intensive use of the band. This is
especially true for deployments using high-frequency spectrum in urban
and suburban areas where the Commission expects most commercial 37 GHz
deployments will occur because buildings, vegetation, and other manmade
obstructions lead to substantial clutter loss. Specifically, allowing
consideration of clutter when generating the Phase One coordination
contours would reduce the number of potential contour overlaps,
conserve applicants' resources by eliminating unnecessary Phase Two
coordinations, and allow for a more accurate analysis of potential
interference. The Commission invites commenters to discuss the
advantages and disadvantages of considering clutter in Phase One
coordination. The Commission also seeks comment on the best means of
incorporating clutter into the calculation of the Phase One
interference contours. What are the best models and datasets to be used
when considering clutter? The Commission notes that the current Phase
Two rule cites ITU-R P.2108, but also encourages applicants to mutually
agree on proprietary clutter loss models and building height databases,
consistent with good engineering practices. Are there other principles
or requirements the Commission should adopt with respect to
consideration of clutter? The Commission also invites comment on the
costs and benefits involved.
C. Development of DSMS
20. Some commenters supported the use of a DSMS, claiming that it
would provide a more efficient solution for spectrum sharing in the
band. The 2025 R&O does not foreclose the adoption of a DSMS in the
future. The Commission seeks comment on the possibility of replacing
the coordination framework the Commission adopted in the 2025 R&O with
a DSMS. What metrics might the Commission use to determine that use of
the 37 GHz band has reached sufficient scale to merit further
exploration of adopting a DSMS to coordinate use of the band?
Proponents of a DSMS also suggest the establishment of a
multistakeholder group to facilitate establishment of a DSMS. If
appropriate, how would such a multistakeholder group be established,
and who should be included in such a group? What would be the broad
parameters for such a DSMS? A DSMS would need to protect existing
registrations and installed transmitters. How would existing sites and
equipment be incorporated into the DSMS? How would the transition from
the two-phase coordination process to the DSMS occur? For how long
would both coordination methods have to be supported until a DSMS
completely replaces the two phase process? The Commission seeks comment
on the above questions, as well as any additional issues concerning
DSMS.
D. Technical Amendment to 47 CFR 30.204
21. In the 2016 Order (81 FR 79894), the Commission intended to
adopt a PFD of -77.6 dBm/m\2\/MHz. The adopted rule, however, lists a
different value: -76/dBm/m\2\/MHz. The Commission believes it is in the
public interest to correct that unintentional error and amend the rule
to have the rule reflect the Commission's intent. The Commission seeks
comment on this proposal.
II. Initial Regulatory Flexibility Analysis
22. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the policies and rules proposed in the
FNPRM, assessing the possible significant economic impact on a
substantial number of small entities. The Commission requests written
public comments on this IRFA. Comments must be identified as responses
to the IRFA and must be filed by the deadlines for comments specified
in the DATES section of this document. The Commission will send a copy
of the FNPRM, including the IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (SBA). In addition, the FNPRM and
IRFA (or summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
23. In the FNPRM, the Commission first seeks comment on whether to
adopt Resolution 243, which established a -23 dBW/200 MHz emissions
limit, for
[[Page 24771]]
operations in the 37-38 GHz band. Such an approach, if adopted, would
be taken in order to protect passive sensors in the 36-37 GHz band. As
part of this first inquiry, the Commission also asks commenters
utilizing the 37-38 GHz band, some of which are small entities, to
provide specific technical information to support their arguments
regarding the appropriate emission limit for this band. The Commission
seeks comment on how to treat existing equipment and Upper 37 GHz band
deployments. Through the actions it ultimately takes as a result of the
FNPRM, the Commission seeks to achieve its objective of ensuring the
protection of EESS passive operations in the 36-37 GHz band, which are
critical for accurate climate monitoring and weather forecasting as
well as fulfillment of military missions.
24. The Commission also seeks comment on allowing consideration of
clutter when generating the Phase One coordination contours.
Considering clutter would reduce the number of potential contour
overlaps, conserve applicants' resources by eliminating unnecessary
Phase Two coordinations, and allow for a more accurate analysis of
potential interference.
25. The Commission further seeks comment on the possibility of
replacing the new coordination framework with a DSMS. It asks
commenters to discuss what metrics might be useful to determine whether
utilization of the Lower 37 GHz band has reached sufficient scale to
merit further exploration; how, if appropriate, a multistakeholder
group for DSMS establishment might itself be established; what the
broad parameters for a DSMS might be; how existing sites and equipment
might be incorporated into a DSMS; and how a transition might work
(including with regards to how long two parallel systems might need to
be maintained).
26. Finally, the Commission proposes to correct one of its
technical rules. In 2016, the Commission intended to adopt a PFD of -
77.6 dBm/m\2\/MHz. The adopted rule, however, lists a different value:
-76 dBm/m\2\/MHz. The Commission believes it is in the public interest
to correct that error and amend the rule to have the rule reflect the
Commission's intent.
B. Legal Basis
27. The proposed action is authorized 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.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
28. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one 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.
29. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission actions, over time, may affect small
entities that are not easily categorized at present. The Commission,
therefore, describes at the outset, three broad groups of small
entities that could be directly affected herein. First, while there are
industry specific size standards for small businesses that are used in
the regulatory flexibility analysis, according to data from the Small
Business Administration's (SBA) Office of Advocacy, in general a small
business is an independent business having fewer than 500 employees.
These types of small businesses represent 99.9% of all businesses in
the United States, which translates to 34.75 million businesses.
30. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2022, there were
approximately 530,109 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
31. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, the Commission estimates that
at least 48,724 entities fall into the category of ``small governmental
jurisdictions.''
32. 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.
33. Fixed Microwave Services. Fixed microwave services include
common carrier, private-operational fixed, and broadcast auxiliary
radio services. They also include the 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
[[Page 24772]]
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.
34. 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.
35. 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.
36. 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.
37. 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 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.
38. 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.
D. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
39. The RFA directs agencies to describe the economic impact of the
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.
40. None of the rules on which the Commission is seeking comment
would impose a new reporting or recordkeeping requirement. If the
FNPRM's proposal to adopt the Resolution 243 emissions limit were
adopted, it will not impose any new reporting or recordkeeping
requirements on small entities. At this time, the record does not
include sufficient cost/benefit analyses to allow the Commission to
quantify the costs of compliance for small entities including whether
it will be necessary for small entities to hire professionals to comply
with the proposed rules if adopted. The Commission expects the comments
it receives from small entities will include information addressing
costs, service impacts, and other matters of concern, which should help
the Commission identify and evaluate what actions, if any, the
Commission should take to minimize the cost of compliance on small
entities. Through the comment process, the Commission also seeks to
address other relevant issues for small entities, including compliance
costs and other burdens that may result from the matters raised in the
FNPRM, before adopting final rules.
41. With respect to the proposal to consider clutter in Phase One
coordination, the Commission does not believe that adoption of this
proposal would impose significant costs on small entities. Indeed, by
shrinking the Phase One coordination contours, considering clutter
would provide greater opportunities for reuse of spectrum in a given
area and reduce the number of times licensees would have to incur
expenditures by engaging in Phase Two coordination.
42. With respect to the evaluation of a possible DSMS future in
Lower 37 GHz, the Commission at this juncture only asks commenters to
address the possibility of an eventual replacement of the new
coordination framework;
[[Page 24773]]
specifics--including with regards to metrics for evaluating scale, for
multistakeholder group establishment, for existing registration and
transmitter protections, and for a hypothetical transition--are nowhere
proposed by the Commission.
43. Finally, the Commission is not aware of any costs that would be
imposed on small entities by correcting the Commission technical rule
to include the correct value for power flux density.
E. Discussion of Significant Alternatives Considered That Minimize the
Significant Economic Impact on Small Entities
44. The RFA directs agencies to provide a description of any
significant alternatives to the proposed rules that would accomplish
the stated objectives of applicable statutes, and minimize any
significant economic impact on small entities. The discussion is
required to include alternatives such as: ``(1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
45. In the FNPRM, the Commission considered alternatives such as,
for example, maintaining the existing emissions limits. If such an
approach were to be adopted, small entities would not be subject to
increased compliance costs. However, certain parties contend the
Commission existing requirements may not provide the necessary
protections for passive satellite operations to operate in the 36-37
GHz band and might make it difficult for EESS to make observations free
from harmful interference, thereby jeopardizing the accuracy of
critical weather forecasting and climatology science data. Conversely,
the Commission also considered, but declined to seek comment on,
stricter emissions limits than those contained in Resolution 243.
Adopting such an approach would likely create additional compliance
burdens on small or other entities currently operating in the 37-38 GHz
band.
46. Information contained in comments referring to data on the
costs and economic impact of the proposals and approaches discussed in
the FNPRM will allow the Commission to better evaluate options and
alternatives for minimizing the significant economic impact on small
entities should the Resolution 243 emissions limit be adopted.
Accordingly, the Commission expects to more fully consider the economic
impact on small entities following the Commission review of comments
filed in response to the FNPRM.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
47. None.
III. Ordering Clauses
48. 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 Further Notice of Proposed
Rulemaking, is adopted as set forth above.
49. It is further ordered that the Office of the Secretary shall
send a copy of the Further Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analyses, to the Chief Counsel for
Advocacy of the Small Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2025-10477 Filed 6-11-25; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on June 12, 2025.
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