80 FR 18185 - Comment Sought on Defining Commencement of Operations in the 600 MHz Band

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 64 (April 3, 2015)

In this document, the Federal Communications Commission (Commission) seeks comment on defining the term ``commence operations'' for 600 MHz Band wireless licensees in the context of the transition rules adopted in the Incentive Auction Report and Order.

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Proposed Rules]
[Pages 18185-18187]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07486]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[GN Docket No. 12-268; FCC 15-38]


Comment Sought on Defining Commencement of Operations in the 600 
MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on defining the term ``commence operations'' 
for 600 MHz Band wireless licensees in the context of the transition 
rules adopted in the Incentive Auction Report and Order.

DATES: Comments are due on or before May 1, 2015; reply comments are 
due on or before May 18, 2015.

ADDRESSES: You may submit comments, identified by the docket number in 
this proceeding, GN Docket No. 12-268, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Electronic Comment 
Filing System (ECFS): http://fcc.gov/ecfs/. Follow the instructions for 
submitting comments.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail): Federal Communications Commission, 
9300 East Hampton Dr., Capitol Heights, MD 20743.
     U.S. Postal Service (First-class, Express, and Priority): 
Federal Communications Commission, 445 12th St. SW., Washington, DC 
20554.
     Hand-delivered/Courier: Federal Communications Commission, 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Instructions: All submissions received must include the 
agency name and docket number or Regulatory Information Number (RIN) 
for this document. All comments received will be posted without change 
to ECFS at http://fcc.gov/ecfs/, including any personal information 
provided.
     Docket: This document is in GN Docket No. 12-268. For 
access to the docket to read background documents or comments received, 
go to ECFS at http://fcc.gov/ecfs/.

For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless 
Telecommunications Bureau, Broadband Division, at (202) 418-1443 or 
email to [email protected].

SUPPLEMENTARY INFORMATION: This document was adopted on March 26, 2015 
and released on March 26, 2015, and is available electronically at 
https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-38A1.pdf. The 
complete text of this document as well as any comments, reply comments, 
and ex parte submissions will also be available for public inspection 
during regular business hours in the FCC Reference Center (CY-A257) at 
the Federal Communications Commission, 445 12th Street SW., Washington, 
DC, 20554. These documents will be available electronically in ASCII, 
Microsoft Word, and/or Adobe Acrobat.

Public Participation

    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 on the first page of this 
document. Comments may be filed using the Commission's ECFS. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one active 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by commercial overnight courier, 
or by first-class or overnight U.S. Postal Service mail. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), or 202-418-0432 (tty).

I. Summary

    1. In the Incentive Auction Report and Order, the Commission 
adopted rules to implement the incentive auction through which certain 
broadcast television spectrum will be repurposed for wireless flexible 
use to create the 600 MHz Band (See Expanding the Economic and 
Innovation Opportunities of Spectrum Through Incentive Auctions, GN 
Docket No. 12-268, Report and Order, published at 79 FR 48442 (2014) 
(Incentive Auction Report and Order)). These rules include procedures 
governing the transition of broadcast television services and other 
operations out of the 600 MHz Band. As described below, the procedures 
the Commission adopted permit certain operations to continue in the 600 
MHz spectrum until a 600 MHz Band wireless licensee ``commences 
operations'' in its licensed spectrum. The Commission did not define 
the term ``commence operations,'' but indicated that it would do so in 
the pre-auction process. By this document, the

[[Page 18186]]

Commission seeks comment on defining the term ``commence operations'' 
in the context of these transition rules.
    2. Specifically, the Commission proposes that a 600 MHz Band 
licensee be deemed to ``commence operations'' in an area when it begins 
site activation and commissioning tests, using permanent base station 
equipment and permanent antenna or tower locations (hereinafter ``site 
commissioning tests''). Site activation and commissioning tests confirm 
that the site is operational, integrated into the network, and meets 
key functional requirements and performance metrics. This testing takes 
place at the start of the site and system optimization processes and 
prepares the network for launch in the area in which the licensee will 
provide commercial service. The Commission believes this approach best 
fulfills its objective in the transition process of promoting ready 
access to the repurposed spectrum by 600 MHz Band wireless licensees 
when and where they need it, while at the same time providing for an 
orderly transition process for secondary and unlicensed users that 
currently are serving various important consumer needs using this 
spectrum.
    3. As noted, this definition will be one element of the 600 MHz 
transition rules. Under these rules, all full power and Class A 
television stations must cease operating in the spectrum repurposed for 
the 600 MHz Band no later than 39 months from issuance of the Channel 
Reassignment PN (i.e., by the end of the Post-Auction Transition 
Period). 600 MHz Band wireless licensees will not have access to the 
repurposed spectrum in an area during the Post-Auction Transition 
Period unless full power and Class A television operations have ceased 
operations in that area.
    4. For secondary and unlicensed users that currently are authorized 
to operate in this band, including low power television (``LPTV'') and 
TV translator stations, fixed broadcast auxiliary service operations 
(``BAS''), and unlicensed television white space (``TVWS'') devices, 
the Commission established a phased transition out of the 600 MHz Band. 
The transition procedures applicable to these categories of operations 
vary in certain regards, but all require that these operations cease in 
areas where the 600 MHz Band wireless licensee commences operations 
after providing the requisite notice. Except in the guard bands, LPTV 
and TV translator stations in the 600 MHz Band may continue to operate 
indefinitely unless they are in an area in which a 600 MHz Band 
wireless licensee provides advance written notice that it intends to 
commence operations and that the LPTV or TV translator station is 
likely to cause harmful interference to the licensee's operations in 
that area. LPTV or TV translator stations in the 600 MHz guard bands 
must cease operations no later than the end of the Post-Auction 
Transition Period. TVWS devices may continue to operate in the 600 MHz 
Band indefinitely, except in those areas in which a 600 MHz Band 
wireless licensee commences operations after providing the requisite 
notice to the TVWS database administrator. BAS licensees must vacate 
the 600 MHz Band by the end of the Post-Auction Transition Period, or 
earlier if notified that they are likely to cause harmful interference 
to a 600 MHz Band wireless licensee in an area in which it intends to 
commence operations. While several commenters in the Incentive Auction 
proceeding discussed the transition of secondary and unlicensed users 
out of the 600 MHz Band, the Commission received limited comment on how 
best to define when a 600 MHz Band wireless licensee commences 
operations for the purpose of these transition procedures.
    5. Under the Commission's proposed definition, a 600 MHz Band 
wireless licensee's operations would be deemed to ``commence'' prior to 
the licensee's launch of commercial services in an area, specifically 
when the licensee begins site commissioning tests. These site 
commissioning tests ordinarily take place in the late stages of a 
deployment, after the wireless licensee has completed construction of 
physical network infrastructure that will provide commercial service in 
the area. That is, they are conducted after a cell site has been fully 
constructed, with all base station equipment, antennas, feed systems, 
and other hardware installed, and with all power systems and backhaul 
connectivity installed and operational. This testing encompasses start-
up procedures and system checks when the system is first powered up, a 
series of functionality tests, and over-the-air field tests, such as 
establishing mobile calls, validating coverage, and confirming handover 
between sectors. Site commissioning tests are used to confirm that all 
of the site infrastructure is working properly and is integrated into 
the licensee's network, and to enable the licensee to verify the site's 
coverage through direct measurements. To ensure the accuracy of this 
site commissioning testing, a licensee will require access to its 600 
MHz Band spectrum in the area in which it is commencing operations so 
all of its facilities can be tested under the real world conditions for 
which they were designed and in an environment that is free from 
potential interference from others. Alternatively, should any testing 
by a wireless licensee be deemed the ``commencement'' of operations? Is 
there a specific stage of testing other than site commissioning tests 
that would be an appropriate benchmark? Commenters supporting one of 
these alternatives to the Commission's proposal above should explain 
how it meets the objectives set forth in the Incentive Auction Report 
and Order regarding an orderly transition process for existing 
secondary and unlicensed users in the 600 MHz Band.
    6. The Commission also proposes that a 600 MHz Band licensee's 
notification would cover the area served by the licensee's commercial 
service infrastructure deployment. Under this approach, the area 
subject to notification might include an entire metropolitan area, in 
the case of the initial launch for a market, or might be a smaller 
area, such as a highway corridor, where a licensee is deploying 
commercial service in phases. The 600 MHz Band licensee would be 
authorized to conduct site commissioning tests on all cell sites within 
the identified area, starting on the date provided in the notice. 
Alternatively, should the area subject to a wireless licensee's 
notification cover larger areas to encompass the licensee's phased 
deployment of infrastructure? Commenters proposing such alternatives 
should explain their reasoning and how their proposals meet the 
Commission's transition objectives.
    7. Under this proposed definition of ``commence operations,'' 
secondary and unlicensed users would continue to operate as set forth 
in the Incentive Auction Report and Order until the time prescribed by 
the notice from the 600 MHz Band wireless licensee that triggers their 
obligation to vacate the affected area(s) of the licensed spectrum. The 
Commission believes this proposed definition of ``commence operations'' 
best accomplishes its transition objectives.
    8. The Commission seeks comment on this proposed definition of 
``commence operations'' for the purpose of the transition rules for the 
600 MHz Band, including its proposal for determining the area to be 
covered by the licensee's notification. Commenters should discuss and 
quantify the costs and benefits of this proposal, as well as any 
suggested clarifications or revisions to the definition, and any 
proposed alternative approaches. In advocating an alternative 
definition, commenters

[[Page 18187]]

should explain why the alternative proposal better serves the public 
interest and the Commission's policy goals than the definition being 
proposed.

II. Procedural Matters

A. Ex Parte Rules--Permit-But-Disclose Proceeding

    9. Pursuant to Sec.  1.1200(a) of the Commission's rules, this 
matter shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules. Persons making ex 
parte presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with 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.

B. Paperwork Reduction Analysis

    10. This document does not change, or propose to change, the 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (``PRA''), Public Law 104-13., contained in the Incentive 
Auction Report and Order. As a result, no new submission to the Office 
of Management and Budget is necessary to comply with the PRA 
requirements. In addition, it does not contain any new or modified 
``information collection burden for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

C. Regulatory Flexibility Analysis

    11. The actions in this document have not changed, or proposed to 
change, the Final Regulatory Flexibility Analysis (``FRFA''), which was 
set forth in the Incentive Auction Report and Order. Thus, no 
supplemental FRFA is necessary.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-07486 Filed 4-2-15; 8:45 am]
 BILLING CODE 6712-01-P