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)
Federal Register Volume 80, Issue 64 (April 3, 2015)
| Page Range | 18185-18187 | |
| FR Document | 2015-07486 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18185
are located. On May 5, 2010 (75 FR DATES: Comments are due on or before regular business hours in the FCC
24409), the EPA finalized the action as May 1, 2015; reply comments are due on Reference Center (CY–A257) at the
proposed except that EPA deferred or before May 18, 2015. Federal Communications Commission,
reclassification of Indian country ADDRESSES: You may submit comments, 445 12th Street SW., Washington, DC,
pertaining to the Morongo Band of identified by the docket number in this 20554. These documents will be
Mission Indians (Morongo Reservation) proceeding, GN Docket No. 12–268, by available electronically in ASCII,
and the Pechanga Band of Luiseño any of the following methods: Microsoft Word, and/or Adobe Acrobat.
Mission Indians (Pechanga Reservation) • Federal eRulemaking Portal: http:// Public Participation
in keeping with the state’s request for www.regulations.gov. Follow the
the South Coast Air Basin. On January instructions for submitting comments. Pursuant to §§ 1.415 and 1.419 of the
6, 2015 (80 FR 436), the EPA proposed • Federal Communications Commission’s rules, 47 CFR 1.415,
to revise the boundaries of South Coast Commission’s Electronic Comment 1.419, interested parties may file
and San Diego ozone planning areas to Filing System (ECFS): http://fcc.gov/ comments and reply comments on or
designate the Pechanga Reservation as a ecfs/. Follow the instructions for before the dates indicated on the first
separate air quality planning area for the submitting comments. page of this document. Comments may
1997 8-hour ozone standard. In the • Commercial overnight mail (other be filed using the Commission’s ECFS.
January 6, 2015 proposed rule, the EPA than U.S. Postal Service Express Mail See Electronic Filing of Documents in
indicated that, if the Agency finalizes and Priority Mail): Federal Rulemaking Proceedings, 63 FR 24121
the January 6, 2015 proposed rule, as Communications Commission, 9300 (1998).
proposed, the EPA would withdraw the East Hampton Dr., Capitol Heights, MD • Paper Filers: Parties who choose to
August 27, 2009 proposed rule to the 20743. file by paper must file an original and
extent that the 2009 proposed rule • U.S. Postal Service (First-class, one copy of each filing. If more than one
Express, and Priority): Federal active docket or rulemaking number
relates to the Pechanga Reservation. See
Communications Commission, 445 12th appears in the caption of this
80 FR 436, at 438 (January 6, 2015). In
St. SW., Washington, DC 20554. proceeding, filers must submit two
the Rules and Regulations section of this
• Hand-delivered/Courier: Federal additional copies for each additional
Federal Register, the EPA is finalizing
Communications Commission, 445 12th docket or rulemaking number. Filings
its January 6, 2015 proposed rule, as
St. SW., Room TW–A325, Washington, can be sent by commercial overnight
proposed. In light of final Agency action
DC 20554. The filing hours are 8:00 a.m. courier, or by first-class or overnight
on the January 6, 2015 proposal, the
to 7:00 p.m. All hand deliveries must be U.S. Postal Service mail. All filings
EPA is withdrawing the August 27, 2009
held together with rubber bands or must be addressed to the Commission’s
proposed reclassification of the
fasteners. Any envelopes and boxes Secretary, Office of the Secretary,
Pechanga Reservation for the 1997 8-
must be disposed of before entering the Federal Communications Commission.
hour ozone standard. • People with Disabilities: To request
building.
List of Subjects in 40 CFR Part 81 • Instructions: All submissions materials in accessible formats for
received must include the agency name people with disabilities (braille, large
Environmental protection, Air
and docket number or Regulatory print, electronic files, audio format),
pollution control, Intergovernmental
Information Number (RIN) for this send an email to fcc504@fcc.gov or call
relations, National parks, Ozone,
document. All comments received will the Consumer & Governmental Affairs
Wilderness areas.
be posted without change to ECFS at Bureau at 202–418–0530 (voice), or
Dated: March 20, 2015. 202–418–0432 (tty).
http://fcc.gov/ecfs/, including any
Jared Blumenfeld,
personal information provided. I. Summary
Regional Administrator, Region IX. • Docket: This document is in GN
[FR Doc. 2015–07535 Filed 4–2–15; 8:45 am] 1. In the Incentive Auction Report and
Docket No. 12–268. For access to the
Order, the Commission adopted rules to
BILLING CODE 6560–50–P docket to read background documents
implement the incentive auction
or comments received, go to ECFS at
through which certain broadcast
http://fcc.gov/ecfs/.
television spectrum will be repurposed
FEDERAL COMMUNICATIONS For detailed instructions on submitting for wireless flexible use to create the
COMMISSION comments and additional information 600 MHz Band (See Expanding the
on the rulemaking process, see the Economic and Innovation Opportunities
47 CFR Chapter I ‘‘Public Participation’’ heading of the of Spectrum Through Incentive
[GN Docket No. 12–268; FCC 15–38] SUPPLEMENTARY INFORMATION section of Auctions, GN Docket No. 12–268,
this document. Report and Order, published at 79 FR
Comment Sought on Defining FOR FURTHER INFORMATION CONTACT: 48442 (2014) (Incentive Auction Report
Commencement of Operations in the Simon Banyai of the Wireless and Order)). These rules include
600 MHz Band Telecommunications Bureau, procedures governing the transition of
AGENCY: Federal Communications Broadband Division, at (202) 418–1443 broadcast television services and other
Commission. or email to simon.banyai@fcc.gov. operations out of the 600 MHz Band. As
SUPPLEMENTARY INFORMATION: This described below, the procedures the
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ACTION: Proposed rule.
document was adopted on March 26, Commission adopted permit certain
SUMMARY: In this document, the Federal 2015 and released on March 26, 2015, operations to continue in the 600 MHz
Communications Commission and is available electronically at spectrum until a 600 MHz Band
(Commission) seeks comment on https://apps.fcc.gov/edocs_public/ wireless licensee ‘‘commences
defining the term ‘‘commence attachmatch/FCC-15-38A1.pdf. The operations’’ in its licensed spectrum.
operations’’ for 600 MHz Band wireless complete text of this document as well The Commission did not define the term
licensees in the context of the transition as any comments, reply comments, and ‘‘commence operations,’’ but indicated
rules adopted in the Incentive Auction ex parte submissions will also be that it would do so in the pre-auction
Report and Order. available for public inspection during process. By this document, the
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![Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18187
should explain why the alternative written comments, memoranda or other collection requirements subject to the
proposal better serves the public interest filings in the proceeding, the presenter Paperwork Reduction Act of 1995
and the Commission’s policy goals than may provide citations to such data or (‘‘PRA’’), Public Law 104–13., contained
the definition being proposed. arguments in his or her prior comments, in the Incentive Auction Report and
II. Procedural Matters memoranda, or other filings (specifying Order. As a result, no new submission
the relevant page and/or paragraph to the Office of Management and Budget
A. Ex Parte Rules—Permit-But-Disclose numbers where such data or arguments is necessary to comply with the PRA
Proceeding can be found) in lieu of summarizing requirements. In addition, it does not
9. Pursuant to § 1.1200(a) of the them in the memorandum. Documents contain any new or modified
Commission’s rules, this matter shall be shown or given to Commission staff ‘‘information collection burden for
treated as a ‘‘permit-but-disclose’’ during ex parte meetings are deemed to small business concerns with fewer than
proceeding in accordance with the be written ex parte presentations and 25 employees,’’ pursuant to the Small
Commission’s ex parte rules. Persons must be filed consistent with rule
Business Paperwork Relief Act of 2002,
making ex parte presentations must file § 1.1206(b). In proceedings governed by
Public Law 107–198, see 44 U.S.C.
a copy of any written presentation or a rule § 1.49(f) or for which the
Commission has made available a 3506(c)(4).
memorandum summarizing any oral
presentation within two business days method of electronic filing, written ex C. Regulatory Flexibility Analysis
after the presentation (unless a different parte presentations and memoranda
deadline applicable to the Sunshine summarizing oral ex parte 11. The actions in this document have
period applies). Persons making oral ex presentations, and all attachments not changed, or proposed to change, the
parte presentations are reminded that thereto, must be filed through the Final Regulatory Flexibility Analysis
memoranda summarizing the electronic comment filing system (‘‘FRFA’’), which was set forth in the
presentation must (1) list all persons available for that proceeding, and must Incentive Auction Report and Order.
attending or otherwise participating in be filed in their native format (e.g., .doc, Thus, no supplemental FRFA is
the meeting at which the ex parte .xml, .ppt, searchable .pdf). Participants necessary.
presentation was made, and (2) in this proceeding should familiarize
Federal Communications Commission.
summarize all data presented and themselves with the Commission’s ex
arguments made during the parte rules. Marlene H. Dortch,
presentation. If the presentation Secretary.
B. Paperwork Reduction Analysis
consisted in whole or in part of the [FR Doc. 2015–07486 Filed 4–2–15; 8:45 am]
presentation of data or arguments 10. This document does not change, BILLING CODE 6712–01–P
already reflected in the presenter’s or propose to change, the information
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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Document Created: 2015-12-18 15:29:03
Document Modified: 2015-12-18 15:29:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments are due on or before May 1, 2015; reply comments are due on or before May 18, 2015. | |
| Contact | Simon Banyai of the Wireless Telecommunications Bureau, Broadband Division, at (202) 418-1443 or email to [email protected] | |
| FR Citation | 80 FR 18185 |
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