81 FR 4969 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 19 (January 29, 2016)
Federal Register Volume 81, Issue 19 (January 29, 2016)
| Page Range | 4969-4975 | |
| FR Document | 2016-01282 |
[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)] [Rules and Regulations] [Pages 4969-4975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01282] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 15, 27, 73, and 74 [GN Docket No. 12-268, FCC 15-140] Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (``Commission'' or ``FCC'') defines when and in what areas 600 MHz Band wireless licensees will be deemed to ``commence operations'' for the purpose of establishing when secondary and unlicensed users must cease operations and vacate the 600 MHz Band. DATES: The rules will become effective February 29, 2016, except for Sec. Sec. 15.713(b)(2)(iv), 15.713(j)(10) introductory text, 15.715(n), and 73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), and (g)(4)(v), which contain new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act. The Commission will publish a document in the Federal Register announcing the effective date for those rules. FOR FURTHER INFORMATION CONTACT: Paul Malmud of the Wireless Telecommunications Bureau, Broadband Division, at 202-418-0006 or [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, FCC 15-140, adopted October 21, 2015 (``Commencing Operations R&O''). Sec. Sec. 15.713(b)(2)(iv), 15.713(j)(10) introductory text, 15.715(n), and 73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), and (g)(4)(v) of the rules contain previously adopted new or modified information collection requirements that the Commission previously stated would require approval by the Office of Management and Budget under the Paperwork Reduction Act. 79 FR 48539 (Aug. 15, 2014); and 80 FR 73070 (Nov. 23, 2015). The Commission will publish a notice in the Federal Register announcing the effective date for these rules, which will be different than the notice for the other adopted rules. The complete text of this document is available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW., Room CY- A257, Washington, DC 200554. It is also available on the Commission's Web site at http://wireless.fcc.gov, or by using the search function on the ECFS Web page at http://www.fcc.gov/cgb/ecfs/. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or telephone the Consumer and Governmental Affairs Bureau at (202) 418- 0530 (voice), (202) 18-0432 (TTY). Supplemental Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (``RFA''), an Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in the Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions 77 FR 69934, Nov. 21, 2012 (``Incentive Auction NPRM''). The Commission sought written public comment on the proposals in the Incentive Auction NPRM, including comment on the IRFA. The Commission subsequently incorporated a Final Regulatory Flexibility Analysis (``FRFA'') in Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions 79 FR 48442, (Aug. 15, 2014) (``Incentive Auction R&O'').This Supplemental FRFA conforms to the RFA and incorporates by reference the FRFA in the Incentive Auction R&O. It reflects changes to the Commission's rules arising from defining ``commence operations'' in this Commencing Operations R&O. Report to Small Business Administration The Commission will send a copy of this Commencing Operations R&O, including this Supplemental FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. Paperwork Reduction Act This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Congressional Review Act The Commission will send a copy of the Commencing Operations R&O, including this Supplemental FRFA, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. A copy of the Commencing Operations R&O and Supplemental FRFA (or summaries thereof) will also be published in the Federal Register. I. Introduction 1. In the Incentive Auction R&O, the Commission adopted transition rules that permit low power television and TV translator (``LPTV'') stations, fixed broadcast auxiliary service operations (``BAS''), and unlicensed white space devices (hereinafter, collectively, ``secondary and unlicensed users'') to continue operating in the 600 MHz Band, under specified conditions, after the spectrum has been licensed to new 600 MHz Band wireless licensees. The secondary and unlicensed users must vacate the band once the wireless licensee ``commences operations'' in its licensed 600 MHz spectrum, or on a date certain.\1\ In this Commencing Operations R&O, the Commission defines when and in what areas 600 MHz Band wireless licensees will be deemed to ``commence operations'' for the purpose of establishing when the secondary and unlicensed users must cease operations and vacate the 600 MHz Band in those areas. Specifically, [[Page 4970]] as discussed below, the Commencing Operations R&O establishes that a 600 MHz Band wireless licensee commences operations when it conducts site commissioning tests. The Commencing Operations R&O also creates a limited exception to this rule to permit 600 MHz Band wireless licensees to conduct first field application testing in advance of site commissioning tests under certain circumstances. --------------------------------------------------------------------------- \1\ See Incentive Auction R&O. This Commencing Operations R&O only addresses the requirements relating to secondary and unlicensed users vacating the 600 MHz Band where 600 MHz Band wireless licensees commence operations. Secondary and unlicensed users also may be required to vacate portions of the 600 MHz Band to the extent the auction system assigns a television station to a channel in the 600 MHz Band. See Broadcast Incentive Auction Scheduled to Begin March 29, 2016; Procedures for Competitive Bidding in Auction 1000, Including Initial Clearing Target Determination, Qualifying to Bid, and Bidding in Auctions 1001 (Reverse) and 1002 (Forward), 80 FR 61918, Oct. 14, 2014. --------------------------------------------------------------------------- II. Discussion 2. Based on our review of the record and as explained below in greater detail, the Commission determines that a 600 MHz Band wireless licensee ``commences operations'' when it conducts site commissioning tests. In this context, the term is defined to include site activation and commissioning tests using permanent base station equipment, antennas and/or tower locations as part of its site and system optimization in the area of its planned commercial service infrastructure deployment. It is at this juncture that a wireless licensee moves from construction to testing its system, and needs unfettered access to its licensed spectrum to optimize its network in advance of launching commercial service to customers. In addition, the Commencing Operations R&O adopts the proposal that a licensee's notification of commencement will cover the area served by its commercial service infrastructure deployment. It also creates a limited exception to these rules to permit 600 MHz Band wireless licensees to conduct first field application testing in advance of site commissioning testing, under certain circumstances. The Commission's decision balances the policy goal of providing an orderly transition process for secondary and unlicensed users in the band with that of providing 600 MHz Band wireless licensees with exclusive access to their spectrum as soon as they are ready to deploy wireless service in the band. A. Defining the Timing of Commencing Operations 3. Many months of preparatory work go into planning and deploying a wireless broadband system. As noted by wireless industry commenters, they must engage in extensive construction and testing of equipment and service before licensees can launch commercial service in a particular market. When a wireless licensee establishes permanent base stations, with permanent antennas, and/or tower locations, the licensee will need access to its licensed spectrum to perform site activation and commissioning tests to ensure that the base station performs as expected. The licensee must analyze multiple factors, including but not limited to signal generation, power measurement, frequency error, unwanted emissions, occupied bandwidth, adjacent-channel leakage, and spurious emissions as part of this testing. In sum, the start of the site commissioning testing phase requires the use of licensed frequencies for committed sites in anticipation of bringing up a wireless broadband system in an area. Therefore, a 600 MHz Band wireless licensee ``commences operations'' when it begins its site commissioning tests. 4. As many commenters point out, choosing site commissioning testing as the benchmark for defining commencement of operations provides a relevant and sustainable sign that 600 MHz Band wireless licensees are committed to deploying service in a particular area and will begin providing commercial service in the immediate term. Furthermore, it will minimize, to the extent possible, the time between cessation of secondary and unlicensed use and initiation of commercial wireless service. This takes the interests of secondary and unlicensed users into account but still provides uncompromised access to the 600 MHz Band by wireless licensees when they need it. Accordingly, the proposed definition of ``commencing operations'' appropriately balances the competing interests that must be considered in transitioning the 600 MHz Band to wireless use. 5. The Commission declines to adopt AT&T, CTIA, and the Competitive Carriers Association's (``CCA'') proposal to define commencement of operations in the 600 MHz Band to include the early stages of pre- deployment. These commenters propose that secondary and unlicensed users should clear the 600 MHz Band as early as the initial transmission of a radio frequency (``RF'') signal by a wireless licensee under its 600 MHz Band license. In support, CTIA and CCA argue that early pre-deployment testing of equipment and services would be best run in actual operating conditions (i.e., without the presence of secondary users) on the wireless carrier's licensed frequencies. CTIA also opines that if licensees must commit to permanent base station equipment and permanent antenna locations as a prerequisite to commencing operations, carriers will be required to make critical investments before they are able to ascertain their needs. CTIA argues that the unique deployment challenges (such as the presence of broadcast television stations in some areas) for wireless licensees in the 600 MHz Band also justify removal of secondary and unlicensed signals from a licensed area as quickly as possible. 6. Permitting wireless carriers to displace incumbent secondary and unlicensed users at the first RF transmission or in the earliest stages of pre-deployment would be inconsistent with the balancing of interests that was established as part of the transition plan for the 600 MHz Band. The Commission agrees that 600 MHz Band wireless licensees require actual fully modulated waveforms at full operational power, on their specific licensed frequencies, when they are ready to test specific functionality (such as handover and out of band emissions), adjust site coverage, and minimize interference between sites. This requirement is the basis for our definition of commence operations. Other tests that occur earlier in the deployment process, however, such as drive testing for site evaluation and propagation model calibration, typically do not require use of the licensee's specific licensed frequencies to produce accurate results. For example, if an LPTV station is located within an anticipated coverage area, a 600 MHz Band wireless licensee can perform these early pre-deployment tests on adjacent or nearby channels, or possibly using narrowband signals on the channel edge, without receiving interference. 7. The Commission also declines to adopt the proposals of the Wireless Internet Service Providers Association (``WISPA'') and Sennheiser Electric Corp. (``Sennheiser'') that commencement of operations should be tied to the actual start of commercial service to the public. According to WISPA, service to the public undergirds any justification for exclusivity and freedom from interference. Defining commencement of operations to mean actual launch of commercial service by the 600 MHz Band wireless licensee, however, would ignore the scope and nature of testing necessary to bring a complex network of sites into synchronized operation to provide seamless communications that meet users' commercial service quality expectations. As discussed above, once a 600 MHz Band wireless licensee has begun construction of permanent base stations in an area, the licensee needs access to its particular licensed frequencies to accurately assess the performance of these base stations and associated user equipment in an environment free from interference. As CCA describes, providers must conduct multiple facility tests before starting [[Page 4971]] operations, which must be repeated to ensure error- and interference free deployment. These tests are necessary for the licensee to resolve all technical issues prior to the licensed spectrum being used for commercial service. Given that such testing is essential to the provision of commercial quality service, tying commencement of operations to actual launch of commercial service, as suggested by WISPA and Sennheiser, would undermine the needs of the 600 MHz Band licensees and could potentially hinder delivery of service to the public. 8. AT&T and CTIA also argue that the Spectrum Act precludes allowing secondary and unlicensed users to operate in the licensed 600 MHz Band after the spectrum is reallocated for wireless services. The Commission is not persuaded by these arguments. As explained in the Incentive Auction R&O, the Spectrum Act reinforces the Commission's established spectrum management authority, under which it was decided to allow secondary and unlicensed use of the 600 MHz Band by LPTV stations, BAS, and white space devices on a non-interfering basis for set periods of time, ending with the post-auction transition period or when 600 MHz Band wireless licensees provide the requisite notice that they intend to commence operations in areas of their geographic licenses where there is a likelihood of receiving harmful interference. Our decision here merely finalizes the process for determining when secondary and unlicensed users need to vacate the 600 MHz Band in areas where a 600 MHz Band wireless licensee needs the spectrum. Nothing in the transition framework that was adopted in the Incentive Auction R&O, or the decisions reached in this Commencing Operations R&O is inconsistent with the Spectrum Act. B. Area Served Under Commencing Operations Definition 9. The Commission adopts the proposal that a licensee's notification of commencement of operations covers the area served by its planned commercial service infrastructure deployment. The licensee's commercial service deployment area is determined by the specific locations of the base stations it will construct to provide contiguous coverage to its customers in the area; the outermost base station sites form the boundary of the area. Each site included within this boundary must be capable of handing over mobile traffic to at least one other site within the boundary on the same licensed frequency. Many commenters support defining the area covered by a licensee's notification of commencement in a way that allows secondary and unlicensed users access to spectrum that might otherwise lay fallow until wireless operations begin in all geographic areas under a license rather than just in certain areas. 10. We decline to adopt the proposals of AT&T, CCA, and CTIA that would require secondary and unlicensed users to vacate the entire Partial Economic Area (``PEA'') when a 600 MHz Band wireless licensee commences operations in just one particular portion of a PEA. These commenters argue that granting licensees access to the entire PEA will free them of the burden of continually having to update data on the scope of their deployment merely to obtain interference protection over a changing deployment area. The Commission is not persuaded that this decision herein will impose an undue burden on 600 MHz Band wireless licensees. While a 600 MHz Band wireless licensee may need to provide notice for new areas, the rules will permit these licensees to plan for, and roll out service to, large or small areas of deployment, as they see fit, based on their business plans and needs, rather than predefined geographic boundaries. Although allowing 600 MHz Band wireless licensees exclusive access to their entire licensed area upon their first RF transmission might be less burdensome, it could result in the spectrum lying fallow for a longer period of time than is necessary. Instead, this decision maintains the balance struck in the Incentive Auction R&O to promote access to the 600 MHz Band for wireless licensees when and where they need it while providing an orderly transition process for secondary and unlicensed users that currently are serving consumer needs. 11. Further, while a license issued for the 600 MHz Band does include the right to exclusive use, it does not include the immediate right to exclude for the entire license area. 600 MHz Band wireless licensees will have all of the rights and obligations conferred by the Commission's Incentive Auction R&O, including the right to exclusive use in areas where the licensee commences operations and provides the requisite notification to secondary and unlicensed users prescribed by the transition procedures adopted therein. Until the licensee commences operations in areas of their geographic licenses where there is a likelihood of receiving harmful interference, secondary and unlicensed users retain their right to operate in the 600 MHz Band. The approach regarding the area to be covered by a 600 MHz Band wireless licensee's notification is consistent with the Commission's prior spectrum management decisions, and its other decisions regarding the transition process in the Incentive Auction R&O. C. First Field Application Testing 12. Although the wireless industry generally opposed the Commission's proposed definition of commencement of operations, it has, through CTIA, suggested ``a compromise'' that would modify this definition to include ``market testing'' in addition to site commissioning testing. CTIA describes market testing as a phase prior to site commissioning in which the wireless licensee deploys prototype equipment in a limited number of markets to determine if the equipment actually performs as expected in the real-world (as compared to laboratory performance) and if the propagation models and software that have been developed accurately model the capabilities of the new radiofrequency equipment. CTIA states that this testing is conducted in a limited number of markets--typically . . . only a fraction of the areas where full commercial launch will occur--and typically within only a portion of the market area--a cluster or clusters of base station sites. More specifically, CTIA states that such testing usually involves two to six test areas, comprising from as little as 10 sites to 200-300 sites, covering generally no more than 1,000 square miles. CTIA asserts that if 600 MHz Band wireless licensees are not able to conduct market testing of new equipment, software, and possibly technology on their licensed frequencies without the presence of secondary and unlicensed users, deployment of mobile broadband services in the band will be delayed, which it argues would be contrary to Congress's paramount objective in granting the FCC authority to hold the incentive auction. 13. Subsequently, AT&T responded to Commission staff inquiries about how it conducts what it terms first field application (``FFA'') testing. According to AT&T, FFA testing for a new spectrum band consists of three main areas of evaluation--network hardware, software, and devices [and] . . . incorporates as many different combinations of morphologies (rural, suburban and urban) and network configurations as practicable, to emulate the actual environments found in the network. AT&T further explains that base station hardware testing covers all possible combinations of baseband and radiohead configurations at a cluster of 20-30 sites to ensure the hardware is working as designed and is compatible with existing network facilities. Testing [[Page 4972]] how devices interoperate with hardware and software in the new band typically requires a cluster of 50-150 sites. Finally, AT&T states that software testing to ensure that new hardware and devices are fully operational requires the largest testing area, ``as many as 200-300 sites, to cover as many possible combinations of morphology and hardware and software configurations'' as exist in a nationwide network. AT&T indicates that it performs FFA testing in areas that are among the first areas where it plans to deploy commercial service, and asserts FFA testing in 600 MHz will be critical because there has been no prior commercial wireless deployment in the band. 14. As an initial matter, the terminology that the wireless industry uses to refer to this type of testing appears to vary from operator to operator. For convenience, AT&T's term--first field application--which conveys more precisely than other terms the nature and scope of this testing will be used. The FFA testing that CTIA and AT&T describe as being essential to timely deployment of 600 MHz Band wireless service would not fit squarely within the definition of ``commencing operations'' in this Commencing Operations R&O, because FFA testing may involve equipment, antennas and locations that are not permanent. The Commission declines to revise our general definition of when a carrier will be deemed to ``commence operations'' as CTIA recently advocates. Nevertheless, it is in the public interest to permit 600 MHz Band wireless licensees to undertake FFA testing on their licensed frequencies in limited areas free from potential interference from secondary and unlicensed users, because such testing will speed deployment of the 600 MHz Band and accelerate the use of these frequencies by 600 MHz wireless licensees to provide service to consumers. The limited exception established for FFA testing will not upset the balance between promoting ready access to the 600 MHz Band for wireless licensees while providing an orderly transition process for secondary and unlicensed users. 15. Therefore, the Commission is providing a limited exception to the rule defining commencement of operations, to permit 600 MHz Band licensees to conduct FFA testing on their licensed frequencies in advance of site activation and commissioning testing without the presence of secondary and unlicensed users. Based on information presented by AT&T and on FCC staff network engineering expertise, the Commission expects that FFA testing pursuant to this exception would be done in a small number of areas, with the parameters presented as typical by CTIA constituting the upper bound on what the Commission would consider reasonable. In most cases, FFA testing should require fewer test areas, fewer sites,\2\ and cover more restricted geographic areas. Further, the Commission expects that FFA testing would be done only in license areas where 600 MHz Band wireless licensees expect to rapidly deploy service to end users, and that this deployment will follow the FFA testing phase as soon as possible. In the areas in which a 600 MHz Band licensee intends to take advantage of this exception, it must notify secondary and unlicensed users of the need to vacate the spectrum by following the transition procedures adopted in the Incentive Auction R&O and the Amendment of Part 15 of the Commission's Rules for Unlicensed Operations in the Television Bands, Repurposed 600 MHz Band, 600 MHz Guard Bands and Duplex Gap, and Channel 37 80 FR 73043, (Nov. 23, 2015) (``Part 15 Report and Order''). In portions of the license area that do not contain sites involved in the licensee's FFA testing, secondary and unlicensed users will be allowed to continue operating until the close of the transition period or when the licensee notifies them of its intent to commence operations as defined in this Commencing Operations R&O. --------------------------------------------------------------------------- \2\ In particular, it is our understanding that in many cases, FFA software testing, which CTIA and AT&T say typically involves 200-300 sites, may take place without implicating radiofrequency transmissions. With respect to deployment of the 600 MHz Band, the Commission expects that 600 MHz Band wireless licensees conducting software testing in such situations would not notify secondary and unlicensed users to vacate the band for these tests. --------------------------------------------------------------------------- D. Other Issues 16. We reject as untimely requests for reconsideration of several commenters to modify the transition procedures established in the Incentive Auction R&O.\3\ The Commission previously determined in the Incentive Auction R&O the circumstances under which secondary and unlicensed users may continue operating in the 600 MHz Band after the spectrum has been licensed for wireless services and set forth specific requirements for when those secondary and unlicensed users must vacate the band. In addition, the Commission adopted procedures that wireless licensees must use to notify secondary and unlicensed users that they are commencing operations. None of the aforementioned parties filed petitions for reconsideration of our decisions on the issues they now seek to have modified. The Commission rejects these requests as untimely petitions for reconsideration. With respect to CTIA's concern that competitively sensitive information provided to white spaces database administrators needs to be treated as confidential, this issue has already been addressed in the Part 15 Report and Order. --------------------------------------------------------------------------- \3\ Specifically, AT&T argues that the Commission should require that all secondary and unlicensed users cease operations by the end of the 39-month Post-Auction Transition Period or at an earlier date if a licensee provides 120 days' notice that it intends to commence operations. Comments of AT&T at 3-4 (filed May 1, 2015). AT&T also requests an expedited enforcement mechanism to clear unlicensed or secondary users that fail to vacate the spectrum within the applicable timeframe. Id. at 10. CTIA asks that wireless licensees be granted control of the process for, and details of, notice of commencement of service. Comments of CTIA--The Wireless Association at 9 (filed May 1, 2015). CP Communications and Shure requested that licensed professional microphone users be treated like LPTV stations and allowed to continue operating indefinitely in the 600 MHz Band until they receive advance written notice that a 600 MHz Band licensee intends to commence operations and that the microphone user will cause interference to that wireless provider. Comments of CP Communications, LLC at 2 (filed May 1, 2015); Reply Comments of Shure Incorporated at 3 (filed May 18, 2015). Shure also asks that a wireless licensee be required to certify that it has begun site commissioning tests and that all power systems and backhaul connectivity are installed and operational. Reply Comments of Shure Incorporated at 7 (filed May 18, 2015). Finally, WISPA argues that a sixty day advance notification period should be provided to unlicensed users before they must vacate the 600 MHz Band. Comments of the Wireless Internet Service Providers Association at 4 (filed May 1, 2015). See also Reply Comments of Open Technology Institute at New America and Public Knowledge at 19 (filed May 18, 2015) (``A substantial but not overly long notification period [of 30 days] benefits both licensees and unlicensed operators.''). --------------------------------------------------------------------------- 17. Finally, the Commission is redesignating Section 27.19 of the Commission's rules as Section 27.1321 and adding two undesignated center headings to Subpart N (600 MHz Band) of Part 27. Section 27.19 applies only to 600 MHz Band licensees and therefore should be included in Subpart N, which is the general subtitle for the 600 MHz Band. The Commission is also adding the additional undesignated center headings to provide greater clarity to Subpart N. None of these rule changes require prior notice and opportunity for comment under the Administrative Procedure Act (APA) because Section 553(b)(3)(B) of the APA provides exceptions to the notice-and-comment requirement when, among other things, the agency finds for good cause that the notice and comment procedures are impracticable, unnecessary, or contrary to the public interest. These rule changes are non-substantive and [[Page 4973]] editorial in nature. As such, they constitute routine, ``clean-up'' matters that entail no substantive decisions of any consequence or significance to industry or the general public. Accordingly, it is unnecessary, within the meaning of Section 553(b)(3)(B), to provide notice and opportunity for comment before adopting these rule revisions. For the same reason, there is good cause to make these non- substantive, editorial revisions of the rules. III. Supplemental Final Regulatory Flexibility Analysis 18. As required by the Regulatory Flexibility Act of 1980, as amended (``RFA''), an Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions 77 FR 69934, Nov. 21, 2012 (``Incentive Auction NPRM''). The Commission sought written public comment on the proposals in the Incentive Auction NPRM, including comment on the IRFA. The Commission subsequently incorporated a Final Regulatory Flexibility Analysis (``FRFA'') in the Incentive Auction R&O. This Supplemental FRFA conforms to the RFA and incorporates by reference the FRFA in the Incentive Auction R&O. It reflects changes to the Commission's rules arising from defining ``commence operations'' in this Commencing Operations R&O. A. Need for, and Objectives of, the Order 19. In the Incentive Auction R&O, the Commission adopted transition rules that permit low power television (``LPTV''), TV translator stations, fixed broadcast auxiliary service operations (``BAS''), and unlicensed white space devices (hereinafter, collectively, ``secondary and unlicensed users'') to continue operating in the 600 MHz Band after the spectrum has been licensed for wireless services (hereinafter ``600 MHz Band''). Those secondary and unlicensed users must vacate once the wireless licensee ``commences operations'' in its licensed 600 MHz spectrum, or a date certain. Thereafter, the Commission issued the Comment Sought on Defining Commencement of Operations in the 600 MHz Band 80 FR 18185, (Apr. 3, 2014) (``Commencing Operations PN'') and sought comment on the appropriate definition of ``commence operations'' in light of the Commission's objective to accomplish an orderly transition of unlicensed and secondary users out of the 600 MHz Band. By this Commencing Operations R&O, the Commission defines when and in what areas 600 MHz Band wireless licensees will be deemed to ``commence operations'' for the purpose of establishing when those secondary and unlicensed operators must cease operations and vacate the 600 MHz Band. 20. The Commencing Operations R&O affirms the Commission's commitment to implement a transition process that promotes 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. Specifically, in the Commencing Operations R&O, the Commission defines ``commence operations'' as when a 600 MHz Band licensee begins pre-launch site activation and commissioning tests using permanent base station equipment, antennas and/or tower locations as part of its site and system optimization in the area of its planned commercial service infrastructure deployment (hereinafter ``site commissioning tests''). It is at this juncture that a wireless licensee moves from construction to testing its system, and needs unfettered access to its licensed spectrum to optimize its network in advance of launching commercial service to customers. In addition, the Commission adopts the proposal that a licensee's notification of commencement will cover the area served by its commercial service infrastructure deployment. It also creates a limited exception to these rules to permit 600 MHz Band wireless licensees to conduct first field application testing in advance of site commissioning testing using their licensed frequencies in limited areas. Our decision balances the policy goal of providing an orderly transition process for secondary and unlicensed users in the band with that of providing 600 MHz Band wireless licensees with exclusive access to their spectrum as soon as they are ready deploy wireless service in the band. B. Summary of Significant Issues Raised by Public Comments 21. No commenters directly responded to the IRFA in the Incentive Auction NPRM. Nonetheless, the FRFA in the Incentive Auction R&O addressed concerns in the record about the impact on small businesses of various auction design issues. No commenters raised concerns regarding the impact on small businesses of the proposed definition of ``commence operations'' in the Commencing Operations PN. Furthermore, the SBA Chief Counsel filed no comments in this matter. C. Description and Estimate of the Number of Small Entities To Which Rules Will Apply 22. The RFA directs the Commission to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the adopted rules. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' small organization,'' and ``small government 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. 23. As noted, the Commission incorporated a FRFA into the Incentive Auction R&O. In that analysis, the Commission described in detail the various small business entities that may be affected by the final rules, including wireless telecommunications carriers, manufacturers of unlicensed devices, and television broadcasting. This Commencing Operations R&O amends the final rules adopted in the Incentive Auction R&O affecting wireless telecommunications carriers, manufacturers of unlicensed devices, and television broadcasting. This Supplemental FRFA incorporates by reference the description and estimate of the number of small entities from the FRFA in the Incentive Auction R&O. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities 24. In Section D of the FRFA, incorporated into the Incentive Auction R&O, the Commission described in detail the projected recordkeeping, reporting, and other compliance requirements for small entities arising from the rules adopted in the Incentive Auction R&O. This Supplemental FRFA incorporates by reference the requirements described in Section D of the FRFA. Moreover, in this Commencing Operations R&O, the Commission is not requiring any additional reporting, recordkeeping, or other compliance requirements for small entities other than those requirements that were already required by the Incentive Auction R&O. [[Page 4974]] E. Steps Taken To Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered 25. The RFA requires an agency to describe any significant alternatives that it has considered in developing its approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities. The Commission has minimized the significant economic impact on small entities because no new reporting, recordkeeping, or other compliance requirements result from the Commencing Operations R&O. Rather, any such reporting, recordkeeping, or compliance requirements were adopted previously in the Incentive Auction R&O. Furthermore, alternative proposals in the record would have defined ``commence operations'' such that it would provide immediate access to the entire licensed area instead of just the area of planned commercial service infrastructure deployment. This proposal would have had a larger economic impact on secondary and unlicensed operations, many of which are small entities, because it would have required a greater number of such operations to vacate the 600 MHz Band sooner than is required under the definition of ``commence operations'' that is adopted in the Commencing Operations R&O. The Commission believes the definition of ``commence operations'' it has adopted strikes the appropriate balance by 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. F. Federal Rules That Might Duplicate, Overlap, or Conflict With the Rules 26. None. List of Subjects in 47 CFR Parts 15, 27, 73, and 74 Communications equipment, Radio, Communications common carriers Federal Communications Commission. Gloria J. Miles, Federal Register Liaison, Office of the Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 15, 27, 73, and 74 as follows: PART 15--RADIO FREQUENCY DEVICES 0 1. The authority citation for part 15 continues to read as follows: Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 549. 0 2. Section 15.236 is amended by revising paragraphs (c)(2) and (e)(2) to read as follows: Sec. 15.236 Operation of wireless microphones in the bands 54-72 MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz. * * * * * (c) * * * (2) Frequencies in the 600 MHz service band on which a 600 MHz service licensee has not commenced operations, as defined in Sec. 27.4 of this chapter. Operation on these frequencies must cease no later than the end of the post-auction transition period, as defined in Sec. 27.4 of this chapter. Operation must cease immediately if harmful interference occurs to a 600 MHz service licensee. * * * * * (e) * * * (2) The following distances outside of the area where a 600 MHz service licensee has commenced operations, as defined in Sec. 27.4 of this chapter. ------------------------------------------------------------------------ Separation distance in kilometers Type of station --------------------- Co- Adjacent channel channel ------------------------------------------------------------------------ Base.............................................. 7 0.2 Mobile............................................ 35 31 ------------------------------------------------------------------------ * * * * * 0 3. Section 15.707 is amended by revising paragraph (a)(5) to read as follows: Sec. 15.707 Permissible channels of operation. (a) * * * (5) 600 MHz service band. White space devices may operate on frequencies in the 600 MHz service band in areas where 600 MHz band licensees have not commenced operations, as defined in Sec. 27.4 of this chapter. * * * * * 0 4. Section 15.711 is amended by revising paragraph (a) to read as follows: Sec. 15.711 Interference avoidance methods. * * * * * (a) Geo-location required. White space devices shall rely on a geo- location capability and database access mechanism to protect the following authorized service in accordance with the interference protection requirements of Sec. 15.712: Digital television stations, digital and analog Class A, low power, translator and booster stations; translator receive operations; fixed broadcast auxiliary service links; private land mobile service/commercial radio service (PLMRS/CMRS) operations; offshore radiotelephone service; low power auxiliary services authorized pursuant to Sec. Sec. 74.801 through 74.882 of this chapter, including licensed wireless microphones; MVPD receive sites; wireless medical telemetry service (WMTS); radio astronomy service (RAS); 600 MHz service band licensees where they have commenced operations, as defined in Sec. 27.4 of this chapter; and unlicensed wireless microphones used by venues of large events and productions/ shows as provided under Sec. 15.713(j)(9). In addition, protection shall be provided in border areas near Canada and Mexico in accordance with Sec. 15.712(g). * * * * * 0 5. Section 15.712 is amended by revising paragraph (i) introductory text to read as follows: Sec. 15.712 Interference protection requirements. * * * * * (i) 600 MHz service band: Fixed and personal/portable devices operating in the 600 MHz Service Band must comply with the following co-channel and adjacent channel separation distances outside the defined polygonal area encompassing the base stations or other radio facilities deployed by a part 27 600 MHz Service Band licensee that has commenced operations, as defined in Sec. 27.4 of this chapter. * * * * * 0 6. Section 15.713 is amended by revising paragraphs (b)(2)(iv) and (j)(10) introductory text to read as follows: Sec. 15.713 White space database. * * * * * (b) * * * (2) * * * (iv) 600 MHz service band operations in areas where the part 27 600 MHz service licensee has commenced operations, as defined in Sec. 27.4 of this chapter. * * * * * [[Page 4975]] (j) * * * (10) 600 MHz service in areas where the part 27 600 MHz band licensee has commenced operations, as defined in Sec. 27.4 of this chapter: * * * * * 0 7. Section 15.715 is amended by revising paragraph (n) to read as follows: Sec. 15.715 White space database administrator. * * * * * (n) Establish procedures to allow part 27 600 MHz service licensees to upload the registration information listed in Sec. 15.713(j)(10) for areas where they have commenced operations, as defined in Sec. 27.4 of this chapter, and to allow the removal and replacement of registration information in the database when corrections or updates are necessary. * * * * * PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 0 8. The authority citation for part 27 continues to read as follows: Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 337, 1403, 1404, 1451, and 1452, unless otherwise noted. 0 9. Section 27.4 is amended by adding the definition ``commence operations'' in alphabetical order to read as follows: Sec. 27.4 Terms and definitions. * * * * * Commence operations. A 600 MHz Band licensee is deemed to commence operations when it begins pre-launch site activation and commissioning tests using permanent base station equipment, antennas and/or tower locations as part of its site and system optimization in the area of its planned commercial service infrastructure deployment. * * * * * Sec. 27.19 [Redesignated as Sec. 27.1321] 0 10. Section 27.19 is redesignated as Sec. 27.1321 and transferred from subpart B to subpart N. Subpart N [Amended] 0 11. Subpart N is amended by adding an undesignated center heading that precedes Sec. 27.1300 to read as ``Competitive Bidding Provisions'' 0 12. Subpart N is amended by adding an undesignated center heading that precedes Sec. 27.1320 to read as ``Coordination/Notification Requirements'' PART 73--RADIO BROADCAST SERVICES 0 13. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336, and 339. 0 14. Section 73.3700 is amended by revising paragraphs (g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), and (g)(4)(v) to read as follows: Sec. 73.3700 Post-incentive auction licensing and operation. * * * * * (g) * * * (4) * * * (i) A wireless licensee assigned to frequencies in the 600 MHz band under part 27 of this chapter must notify low power TV and TV translator stations of its intent to commence operations, as defined in Sec. 27.4 of this chapter, and the likelihood of receiving harmful interference from the low power TV or TV translator station to such operations within the wireless licensee's licensed geographic service area. (ii) * * * (B) Indicate the date the new wireless licensee intends to commence operations, as defined in Sec. 27.4 of this chapter, in areas where there is a likelihood of receiving harmful interference from the low power TV or TV translator station; and * * * * * (iii) Low power TV and TV translator stations may continue operating on frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter until the wireless licensee commences operations, as defined in Sec. 27.4 of this chapter, as indicated in the notification sent pursuant to this paragraph. * * * * * (v) Low power TV and TV translator stations that are operating on the UHF spectrum that is reserved for guard band channels as a result of the broadcast television incentive auction conducted under section 6403 of the Spectrum Act may continue operating on such channels until the end of the post-auction transition period as defined in Sec. 27.4 of this chapter, unless they receive notification from a new wireless licensee pursuant to the requirements of paragraph (g)(4) of this section that they are likely to cause harmful interference in areas where the wireless licensee intends to commence operations, as defined in Sec. 27.4 of this chapter, in which case the requirements of paragraph (g)(4) of this section will apply. * * * * * PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES 0 15. The authority citation for part 74 continues to read as follows: Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554. 0 16. Section 74.602 is amended by revising paragraph (h)(5)(ii) introductory text to read as follows: Sec. 74.602 Frequency assignment. * * * * * (h) * * * (5) * * * (ii) A wireless licensee assigned to frequencies in the 600 MHz band under part 27 of this chapter must notify the licensee of a TV STL, TV relay station, or TV translator relay station of its intent to commence operations, as defined in Sec. 27.4 of this chapter, and the likelihood of harmful interference from the TV STL, TV relay station, or TV translator relay station to those operations within the wireless licensee's licensed geographic service area. * * * * * 0 17. Section 74.802 is amended by revising paragraph (f) to read as follows: Sec. 74.802 Frequency assignment. * * * * * (f) Operations in 600 MHz band assigned to wireless licensees under part 27 of this chapter. A low power auxiliary station that operates on frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter must cease operations on those frequencies no later than the end of the post-auction transition period, as defined in Sec. 27.4 of this chapter. During the post-auction transition period, low power auxiliary stations will operate on a secondary basis to licensees of part 27 of this chapter, i.e., they must not cause to and must accept harmful interference from these licensees, and must comply with the distance separations in Sec. 15.236(e)(2) of this chapter from the areas specified in Sec. 15.713(j)(10) of this chapter in which a licensee has commenced operations, as defined in Sec. 27.4 of this chapter. [FR Doc. 2016-01282 Filed 1-28-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4969
273.5 (except 273.5(b)(3)); 273.6; 273.8 and Innovation Opportunities of operations’’ in this Commencing
through 273.20; 273.30 through 273.40; Spectrum Through Incentive Auctions, Operations R&O.
273.50 through 273.56; 273.60; 273.61; GN Docket No. 12–268, FCC 15–140,
273.62; 273.70 (except 273.70 (d)); 273.80; Report to Small Business
adopted October 21, 2015
and 273.81. Administration
Section 279—Standards for the
(‘‘Commencing Operations R&O’’).
§§ 15.713(b)(2)(iv), 15.713(j)(10) The Commission will send a copy of
Management of Used Oil—279.1; 279.10;
279.11; 279.12; 279.20 through 279.24; introductory text, 15.715(n), and this Commencing Operations R&O,
279.30; 279.31; 279.32; 279.40 through 73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), including this Supplemental FRFA, to
279.47; 279.50 through 279.67; 279.70 and (g)(4)(v) of the rules contain the Chief Counsel for Advocacy of the
through 279.75; 279.80; 279.81; and previously adopted new or modified Small Business Administration.
279.82(a). information collection requirements that Paperwork Reduction Act
Copies of the Arkansas regulations that are the Commission previously stated
incorporated by reference are available from would require approval by the Office of This document does not contain new
the Arkansas Department of Environmental Management and Budget under the or modified information collection
Quality Web site at http:// requirements subject to the Paperwork
www.adeq.state.ar.us/regs/default.htm or the
Paperwork Reduction Act. 79 FR 48539
(Aug. 15, 2014); and 80 FR 73070 (Nov. Reduction Act of 1995 (PRA), Public
Public Outreach Office, ADEQ, 5301 Law 104–13.
Northshore Drive, North Little Rock, 23, 2015). The Commission will publish
Arkansas 72118–5317, Phone: (501) 682– a notice in the Federal Register Congressional Review Act
0923. announcing the effective date for these
The Commission will send a copy of
* * * * * rules, which will be different than the
the Commencing Operations R&O,
[FR Doc. 2016–01657 Filed 1–28–16; 8:45 am] notice for the other adopted rules. The
including this Supplemental FRFA, in a
complete text of this document is
BILLING CODE 6560–50–P report to be sent to Congress and the
available for public inspection and
Government Accountability Office
copying from 8:00 a.m. to 4:30 p.m.
pursuant to the Congressional Review
FEDERAL COMMUNICATIONS Eastern Time (ET) Monday through
Act. A copy of the Commencing
COMMISSION Thursday or from 8:00 a.m. to 11:30 a.m.
Operations R&O and Supplemental
ET on Fridays in the FCC Reference
FRFA (or summaries thereof) will also
47 CFR Parts 15, 27, 73, and 74 Information Center, 445 12th Street SW.,
be published in the Federal Register.
Room CY–A257, Washington, DC
[GN Docket No. 12–268, FCC 15–140] 200554. It is also available on the I. Introduction
Commission’s Web site at http:// 1. In the Incentive Auction R&O, the
Expanding the Economic and
wireless.fcc.gov, or by using the search Commission adopted transition rules
Innovation Opportunities of Spectrum function on the ECFS Web page at
Through Incentive Auctions that permit low power television and
http://www.fcc.gov/cgb/ecfs/. To request TV translator (‘‘LPTV’’) stations, fixed
AGENCY: Federal Communications materials in accessible formats for broadcast auxiliary service operations
Commission. people with disabilities (Braille, large (‘‘BAS’’), and unlicensed white space
ACTION: Final rule. print, electronic files, audio format), devices (hereinafter, collectively,
send an email to fcc504@fcc.gov or ‘‘secondary and unlicensed users’’) to
SUMMARY: In this document, the Federal telephone the Consumer and continue operating in the 600 MHz
Communications Commission Governmental Affairs Bureau at (202) Band, under specified conditions, after
(‘‘Commission’’ or ‘‘FCC’’) defines when 418–0530 (voice), (202) 18–0432 (TTY). the spectrum has been licensed to new
and in what areas 600 MHz Band Supplemental Final Regulatory 600 MHz Band wireless licensees. The
wireless licensees will be deemed to Flexibility Analysis secondary and unlicensed users must
‘‘commence operations’’ for the purpose vacate the band once the wireless
of establishing when secondary and As required by the Regulatory
Flexibility Act of 1980, as amended licensee ‘‘commences operations’’ in its
unlicensed users must cease operations licensed 600 MHz spectrum, or on a
and vacate the 600 MHz Band. (‘‘RFA’’), an Initial Regulatory
Flexibility Analysis (‘‘IRFA’’) was date certain.1 In this Commencing
DATES: The rules will become effective Operations R&O, the Commission
incorporated in the Expanding the
February 29, 2016, except for defines when and in what areas 600
Economic and Innovation Opportunities
§§ 15.713(b)(2)(iv), 15.713(j)(10) MHz Band wireless licensees will be
of Spectrum Through Incentive
introductory text, 15.715(n), and deemed to ‘‘commence operations’’ for
Auctions 77 FR 69934, Nov. 21, 2012
73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), the purpose of establishing when the
(‘‘Incentive Auction NPRM’’). The
and (g)(4)(v), which contain new or secondary and unlicensed users must
Commission sought written public
modified information collection cease operations and vacate the 600
comment on the proposals in the
requirements that require approval by Incentive Auction NPRM, including MHz Band in those areas. Specifically,
the Office of Management and Budget comment on the IRFA. The Commission
under the Paperwork Reduction Act. subsequently incorporated a Final
1 See Incentive Auction R&O. This Commencing
The Commission will publish a Regulatory Flexibility Analysis
Operations R&O only addresses the requirements
document in the Federal Register relating to secondary and unlicensed users vacating
(‘‘FRFA’’) in Expanding the Economic the 600 MHz Band where 600 MHz Band wireless
announcing the effective date for those and Innovation Opportunities of licensees commence operations. Secondary and
rules. Spectrum Through Incentive Auctions unlicensed users also may be required to vacate
jstallworth on DSK7TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: Paul portions of the 600 MHz Band to the extent the
79 FR 48442, (Aug. 15, 2014) (‘‘Incentive auction system assigns a television station to a
Malmud of the Wireless Auction R&O’’).This Supplemental channel in the 600 MHz Band. See Broadcast
Telecommunications Bureau, FRFA conforms to the RFA and Incentive Auction Scheduled to Begin March 29,
Broadband Division, at 202–418–0006 incorporates by reference the FRFA in 2016; Procedures for Competitive Bidding in
or paul.malmud@fcc.gov. Auction 1000, Including Initial Clearing Target
the Incentive Auction R&O. It reflects Determination, Qualifying to Bid, and Bidding in
SUPPLEMENTARY INFORMATION: This is a changes to the Commission’s rules Auctions 1001 (Reverse) and 1002 (Forward), 80 FR
summary of Expanding the Economic arising from defining ‘‘commence 61918, Oct. 14, 2014.
VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1](https://thefederalregister.org/doc/81_FR_4988/page/1.svg)
![Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4971
operations, which must be repeated to commencement in a way that allows consistent with the Commission’s prior
ensure error- and interference free secondary and unlicensed users access spectrum management decisions, and its
deployment. These tests are necessary to spectrum that might otherwise lay other decisions regarding the transition
for the licensee to resolve all technical fallow until wireless operations begin in process in the Incentive Auction R&O.
issues prior to the licensed spectrum all geographic areas under a license
C. First Field Application Testing
being used for commercial service. rather than just in certain areas.
Given that such testing is essential to 10. We decline to adopt the proposals 12. Although the wireless industry
the provision of commercial quality of AT&T, CCA, and CTIA that would generally opposed the Commission’s
service, tying commencement of require secondary and unlicensed users proposed definition of commencement
operations to actual launch of to vacate the entire Partial Economic of operations, it has, through CTIA,
commercial service, as suggested by Area (‘‘PEA’’) when a 600 MHz Band suggested ‘‘a compromise’’ that would
WISPA and Sennheiser, would wireless licensee commences operations modify this definition to include
undermine the needs of the 600 MHz in just one particular portion of a PEA. ‘‘market testing’’ in addition to site
Band licensees and could potentially These commenters argue that granting commissioning testing. CTIA describes
hinder delivery of service to the public. licensees access to the entire PEA will market testing as a phase prior to site
8. AT&T and CTIA also argue that the free them of the burden of continually commissioning in which the wireless
Spectrum Act precludes allowing having to update data on the scope of licensee deploys prototype equipment
secondary and unlicensed users to their deployment merely to obtain in a limited number of markets to
operate in the licensed 600 MHz Band interference protection over a changing determine if the equipment actually
after the spectrum is reallocated for deployment area. The Commission is performs as expected in the real-world
wireless services. The Commission is not persuaded that this decision herein (as compared to laboratory performance)
not persuaded by these arguments. As will impose an undue burden on 600 and if the propagation models and
explained in the Incentive Auction R&O, MHz Band wireless licensees. While a software that have been developed
the Spectrum Act reinforces the 600 MHz Band wireless licensee may accurately model the capabilities of the
Commission’s established spectrum need to provide notice for new areas, new radiofrequency equipment. CTIA
management authority, under which it the rules will permit these licensees to states that this testing is conducted in a
was decided to allow secondary and plan for, and roll out service to, large or limited number of markets—typically
unlicensed use of the 600 MHz Band by small areas of deployment, as they see . . . only a fraction of the areas where
LPTV stations, BAS, and white space fit, based on their business plans and full commercial launch will occur—and
devices on a non-interfering basis for set needs, rather than predefined typically within only a portion of the
periods of time, ending with the post- geographic boundaries. Although market area—a cluster or clusters of
auction transition period or when 600 allowing 600 MHz Band wireless base station sites. More specifically,
MHz Band wireless licensees provide licensees exclusive access to their entire CTIA states that such testing usually
the requisite notice that they intend to licensed area upon their first RF involves two to six test areas,
commence operations in areas of their transmission might be less burdensome, comprising from as little as 10 sites to
geographic licenses where there is a it could result in the spectrum lying 200–300 sites, covering generally no
likelihood of receiving harmful fallow for a longer period of time than more than 1,000 square miles. CTIA
interference. Our decision here merely is necessary. Instead, this decision asserts that if 600 MHz Band wireless
finalizes the process for determining maintains the balance struck in the licensees are not able to conduct market
when secondary and unlicensed users Incentive Auction R&O to promote testing of new equipment, software, and
need to vacate the 600 MHz Band in access to the 600 MHz Band for wireless possibly technology on their licensed
areas where a 600 MHz Band wireless licensees when and where they need it frequencies without the presence of
licensee needs the spectrum. Nothing in while providing an orderly transition secondary and unlicensed users,
the transition framework that was process for secondary and unlicensed deployment of mobile broadband
adopted in the Incentive Auction R&O, users that currently are serving services in the band will be delayed,
or the decisions reached in this consumer needs. which it argues would be contrary to
Commencing Operations R&O is 11. Further, while a license issued for Congress’s paramount objective in
inconsistent with the Spectrum Act. the 600 MHz Band does include the granting the FCC authority to hold the
right to exclusive use, it does not incentive auction.
B. Area Served Under Commencing include the immediate right to exclude 13. Subsequently, AT&T responded to
Operations Definition for the entire license area. 600 MHz Commission staff inquiries about how it
9. The Commission adopts the Band wireless licensees will have all of conducts what it terms first field
proposal that a licensee’s notification of the rights and obligations conferred by application (‘‘FFA’’) testing. According
commencement of operations covers the the Commission’s Incentive Auction to AT&T, FFA testing for a new
area served by its planned commercial R&O, including the right to exclusive spectrum band consists of three main
service infrastructure deployment. The use in areas where the licensee areas of evaluation—network hardware,
licensee’s commercial service commences operations and provides the software, and devices [and] . . .
deployment area is determined by the requisite notification to secondary and incorporates as many different
specific locations of the base stations it unlicensed users prescribed by the combinations of morphologies (rural,
will construct to provide contiguous transition procedures adopted therein. suburban and urban) and network
coverage to its customers in the area; the Until the licensee commences configurations as practicable, to emulate
outermost base station sites form the operations in areas of their geographic the actual environments found in the
jstallworth on DSK7TPTVN1PROD with RULES
boundary of the area. Each site included licenses where there is a likelihood of network. AT&T further explains that
within this boundary must be capable of receiving harmful interference, base station hardware testing covers all
handing over mobile traffic to at least secondary and unlicensed users retain possible combinations of baseband and
one other site within the boundary on their right to operate in the 600 MHz radiohead configurations at a cluster of
the same licensed frequency. Many Band. The approach regarding the area 20–30 sites to ensure the hardware is
commenters support defining the area to be covered by a 600 MHz Band working as designed and is compatible
covered by a licensee’s notification of wireless licensee’s notification is with existing network facilities. Testing
VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1](https://thefederalregister.org/doc/81_FR_4988/page/3.svg)
![4972 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations
how devices interoperate with hardware exception would be done in a small determined in the Incentive Auction
and software in the new band typically number of areas, with the parameters R&O the circumstances under which
requires a cluster of 50–150 sites. presented as typical by CTIA secondary and unlicensed users may
Finally, AT&T states that software constituting the upper bound on what continue operating in the 600 MHz
testing to ensure that new hardware and the Commission would consider Band after the spectrum has been
devices are fully operational requires reasonable. In most cases, FFA testing licensed for wireless services and set
the largest testing area, ‘‘as many as should require fewer test areas, fewer forth specific requirements for when
200–300 sites, to cover as many possible sites,2 and cover more restricted those secondary and unlicensed users
combinations of morphology and geographic areas. Further, the must vacate the band. In addition, the
hardware and software configurations’’ Commission expects that FFA testing Commission adopted procedures that
as exist in a nationwide network. AT&T would be done only in license areas wireless licensees must use to notify
indicates that it performs FFA testing in where 600 MHz Band wireless licensees secondary and unlicensed users that
areas that are among the first areas expect to rapidly deploy service to end they are commencing operations. None
where it plans to deploy commercial users, and that this deployment will of the aforementioned parties filed
service, and asserts FFA testing in 600 follow the FFA testing phase as soon as petitions for reconsideration of our
MHz will be critical because there has possible. In the areas in which a 600 decisions on the issues they now seek
been no prior commercial wireless MHz Band licensee intends to take to have modified. The Commission
deployment in the band. advantage of this exception, it must rejects these requests as untimely
14. As an initial matter, the notify secondary and unlicensed users petitions for reconsideration. With
terminology that the wireless industry of the need to vacate the spectrum by respect to CTIA’s concern that
uses to refer to this type of testing following the transition procedures competitively sensitive information
appears to vary from operator to adopted in the Incentive Auction R&O provided to white spaces database
operator. For convenience, AT&T’s and the Amendment of Part 15 of the administrators needs to be treated as
term—first field application—which Commission’s Rules for Unlicensed confidential, this issue has already been
conveys more precisely than other terms Operations in the Television Bands, addressed in the Part 15 Report and
the nature and scope of this testing will Repurposed 600 MHz Band, 600 MHz Order.
be used. The FFA testing that CTIA and Guard Bands and Duplex Gap, and 17. Finally, the Commission is
AT&T describe as being essential to Channel 37 80 FR 73043, (Nov. 23, redesignating Section 27.19 of the
timely deployment of 600 MHz Band 2015) (‘‘Part 15 Report and Order’’). In Commission’s rules as Section 27.1321
wireless service would not fit squarely portions of the license area that do not and adding two undesignated center
within the definition of ‘‘commencing contain sites involved in the licensee’s headings to Subpart N (600 MHz Band)
operations’’ in this Commencing FFA testing, secondary and unlicensed of Part 27. Section 27.19 applies only to
Operations R&O, because FFA testing users will be allowed to continue 600 MHz Band licensees and therefore
may involve equipment, antennas and operating until the close of the should be included in Subpart N, which
locations that are not permanent. The transition period or when the licensee is the general subtitle for the 600 MHz
Commission declines to revise our notifies them of its intent to commence Band. The Commission is also adding
general definition of when a carrier will operations as defined in this the additional undesignated center
be deemed to ‘‘commence operations’’ Commencing Operations R&O. headings to provide greater clarity to
as CTIA recently advocates. Subpart N. None of these rule changes
Nevertheless, it is in the public interest D. Other Issues require prior notice and opportunity for
to permit 600 MHz Band wireless 16. We reject as untimely requests for comment under the Administrative
licensees to undertake FFA testing on reconsideration of several commenters Procedure Act (APA) because Section
their licensed frequencies in limited to modify the transition procedures 553(b)(3)(B) of the APA provides
areas free from potential interference established in the Incentive Auction exceptions to the notice-and-comment
from secondary and unlicensed users, R&O.3 The Commission previously requirement when, among other things,
because such testing will speed the agency finds for good cause that the
deployment of the 600 MHz Band and 2 In particular, it is our understanding that in notice and comment procedures are
accelerate the use of these frequencies many cases, FFA software testing, which CTIA and impracticable, unnecessary, or contrary
AT&T say typically involves 200–300 sites, may
by 600 MHz wireless licensees to take place without implicating radiofrequency
to the public interest. These rule
provide service to consumers. The transmissions. With respect to deployment of the changes are non-substantive and
limited exception established for FFA 600 MHz Band, the Commission expects that 600
testing will not upset the balance MHz Band wireless licensees conducting software Band until they receive advance written notice that
between promoting ready access to the testing in such situations would not notify a 600 MHz Band licensee intends to commence
secondary and unlicensed users to vacate the band operations and that the microphone user will cause
600 MHz Band for wireless licensees for these tests. interference to that wireless provider. Comments of
while providing an orderly transition 3 Specifically, AT&T argues that the Commission CP Communications, LLC at 2 (filed May 1, 2015);
process for secondary and unlicensed should require that all secondary and unlicensed Reply Comments of Shure Incorporated at 3 (filed
users. users cease operations by the end of the 39-month May 18, 2015). Shure also asks that a wireless
15. Therefore, the Commission is Post-Auction Transition Period or at an earlier date licensee be required to certify that it has begun site
if a licensee provides 120 days’ notice that it commissioning tests and that all power systems and
providing a limited exception to the rule intends to commence operations. Comments of backhaul connectivity are installed and operational.
defining commencement of operations, AT&T at 3–4 (filed May 1, 2015). AT&T also Reply Comments of Shure Incorporated at 7 (filed
to permit 600 MHz Band licensees to requests an expedited enforcement mechanism to May 18, 2015). Finally, WISPA argues that a sixty
conduct FFA testing on their licensed clear unlicensed or secondary users that fail to day advance notification period should be provided
jstallworth on DSK7TPTVN1PROD with RULES
vacate the spectrum within the applicable to unlicensed users before they must vacate the 600
frequencies in advance of site activation timeframe. Id. at 10. CTIA asks that wireless MHz Band. Comments of the Wireless Internet
and commissioning testing without the licensees be granted control of the process for, and Service Providers Association at 4 (filed May 1,
presence of secondary and unlicensed details of, notice of commencement of service. 2015). See also Reply Comments of Open
users. Based on information presented Comments of CTIA—The Wireless Association at 9 Technology Institute at New America and Public
(filed May 1, 2015). CP Communications and Shure Knowledge at 19 (filed May 18, 2015) (‘‘A
by AT&T and on FCC staff network requested that licensed professional microphone substantial but not overly long notification period
engineering expertise, the Commission users be treated like LPTV stations and allowed to [of 30 days] benefits both licensees and unlicensed
expects that FFA testing pursuant to this continue operating indefinitely in the 600 MHz operators.’’).
VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1](https://thefederalregister.org/doc/81_FR_4988/page/4.svg)
![Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4975
(j) * * * PART 73—RADIO BROADCAST paragraph (g)(4) of this section will
(10) 600 MHz service in areas where SERVICES apply.
the part 27 600 MHz band licensee has * * * * *
commenced operations, as defined in ■ 13. The authority citation for part 73
§ 27.4 of this chapter: continues to read as follows: PART 74—EXPERIMENTAL RADIO,
* * * * * Authority: 47 U.S.C. 154, 303, 334, 336, AUXILIARY, SPECIAL BROADCAST
■ 7. Section 15.715 is amended by and 339. AND OTHER PROGRAM
revising paragraph (n) to read as DISTRIBUTIONAL SERVICES
follows: ■ 14. Section 73.3700 is amended by
revising paragraphs (g)(4)(i), (g)(4)(ii)(B), ■ 15. The authority citation for part 74
§ 15.715 White space database (g)(4)(iii), and (g)(4)(v) to read as continues to read as follows:
administrator. follows:
Authority: 47 U.S.C. 154, 302a, 303, 307,
* * * * * 309, 336 and 554.
(n) Establish procedures to allow part § 73.3700 Post-incentive auction licensing
and operation.
27 600 MHz service licensees to upload ■ 16. Section 74.602 is amended by
the registration information listed in * * * * *
revising paragraph (h)(5)(ii)
§ 15.713(j)(10) for areas where they have (g) * * * introductory text to read as follows:
commenced operations, as defined in (4) * * *
§ 27.4 of this chapter, and to allow the (i) A wireless licensee assigned to § 74.602 Frequency assignment.
removal and replacement of registration frequencies in the 600 MHz band under * * * * *
information in the database when part 27 of this chapter must notify low (h) * * *
corrections or updates are necessary. power TV and TV translator stations of
(5) * * *
* * * * * its intent to commence operations, as
defined in § 27.4 of this chapter, and the (ii) A wireless licensee assigned to
PART 27—MISCELLANEOUS likelihood of receiving harmful frequencies in the 600 MHz band under
WIRELESS COMMUNICATIONS interference from the low power TV or part 27 of this chapter must notify the
SERVICES TV translator station to such operations licensee of a TV STL, TV relay station,
within the wireless licensee’s licensed or TV translator relay station of its
■ 8. The authority citation for part 27 geographic service area. intent to commence operations, as
continues to read as follows: (ii) * * * defined in § 27.4 of this chapter, and the
Authority: 47 U.S.C. 154, 301, 302a, 303, (B) Indicate the date the new wireless likelihood of harmful interference from
307, 309, 332, 336, 337, 1403, 1404, 1451, licensee intends to commence the TV STL, TV relay station, or TV
and 1452, unless otherwise noted. operations, as defined in § 27.4 of this translator relay station to those
chapter, in areas where there is a operations within the wireless licensee’s
■ 9. Section 27.4 is amended by adding licensed geographic service area.
the definition ‘‘commence operations’’ likelihood of receiving harmful
in alphabetical order to read as follows: interference from the low power TV or * * * * *
TV translator station; and ■ 17. Section 74.802 is amended by
§ 27.4 Terms and definitions. revising paragraph (f) to read as follows:
* * * * *
* * * * * (iii) Low power TV and TV translator
Commence operations. A 600 MHz § 74.802 Frequency assignment.
stations may continue operating on
Band licensee is deemed to commence frequencies in the 600 MHz band * * * * *
operations when it begins pre-launch assigned to wireless licensees under (f) Operations in 600 MHz band
site activation and commissioning tests part 27 of this chapter until the wireless assigned to wireless licensees under part
using permanent base station licensee commences operations, as 27 of this chapter. A low power
equipment, antennas and/or tower defined in § 27.4 of this chapter, as auxiliary station that operates on
locations as part of its site and system indicated in the notification sent frequencies in the 600 MHz band
optimization in the area of its planned pursuant to this paragraph. assigned to wireless licensees under
commercial service infrastructure part 27 of this chapter must cease
deployment. * * * * *
(v) Low power TV and TV translator operations on those frequencies no later
* * * * * than the end of the post-auction
stations that are operating on the UHF
§ 27.19 [Redesignated as § 27.1321] spectrum that is reserved for guard band transition period, as defined in § 27.4 of
channels as a result of the broadcast this chapter. During the post-auction
■ 10. Section 27.19 is redesignated as transition period, low power auxiliary
§ 27.1321 and transferred from subpart television incentive auction conducted
under section 6403 of the Spectrum Act stations will operate on a secondary
B to subpart N. basis to licensees of part 27 of this
may continue operating on such
channels until the end of the post- chapter, i.e., they must not cause to and
Subpart N [Amended]
auction transition period as defined in must accept harmful interference from
■ 11. Subpart N is amended by adding § 27.4 of this chapter, unless they these licensees, and must comply with
an undesignated center heading that receive notification from a new wireless the distance separations in
precedes § 27.1300 to read as licensee pursuant to the requirements of § 15.236(e)(2) of this chapter from the
‘‘Competitive Bidding Provisions’’ paragraph (g)(4) of this section that they areas specified in § 15.713(j)(10) of this
chapter in which a licensee has
jstallworth on DSK7TPTVN1PROD with RULES
■ 12. Subpart N is amended by adding are likely to cause harmful interference
an undesignated center heading that in areas where the wireless licensee commenced operations, as defined in
precedes § 27.1320 to read as intends to commence operations, as § 27.4 of this chapter.
‘‘Coordination/Notification defined in § 27.4 of this chapter, in [FR Doc. 2016–01282 Filed 1–28–16; 8:45 am]
Requirements’’ which case the requirements of BILLING CODE 6712–01–P
VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 E:\FR\FM\29JAR1.SGM 29JAR1](https://thefederalregister.org/doc/81_FR_4988/page/7.svg)
Document Created: 2016-01-29 00:41:20
Document Modified: 2016-01-29 00:41:20
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The rules will become effective February 29, 2016, except for Sec. Sec. 15.713(b)(2)(iv), 15.713(j)(10) introductory text, 15.715(n), and 73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), and (g)(4)(v), which contain new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act. The Commission will publish a document in the Federal Register announcing the effective date for those rules. | |
| Contact | Paul Malmud of the Wireless Telecommunications Bureau, Broadband Division, at 202-418-0006 or [email protected] | |
| FR Citation | 81 FR 4969 | |
| CFR Citation | 47
CFR
15 47 CFR 27 47 CFR 73 47 CFR 74 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR