82_FR_41749 82 FR 41580 - Amendment of the Commission's Rules To Establish Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Disaggregation Rules and Policies for Certain Wireless Radio Services

82 FR 41580 - Amendment of the Commission's Rules To Establish Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Disaggregation Rules and Policies for Certain Wireless Radio Services

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41580-41583
FR Document2017-18500

In this document, the Federal Communications Commission seeks additional comment on a range of possible actions that may advance the Commission's goal of increasing the number of rural Americans with access to wireless communications services. In order to encourage investment in wireless networks, facilitate access to scarce spectrum resources, and promote the rapid deployment of mobile services to rural Americans, the Commission seeks comment on additional, reasonable construction obligations during renewal terms that are targeted to reach rural areas that lack adequate service.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017)
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Proposed Rules]
[Pages 41580-41583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18500]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, 24, 27, 30, 74, 80, 90, 95, and 101

[WT Docket No. 10-112; FCC 17-105]


Amendment of the Commission's Rules To Establish Uniform License 
Renewal, Discontinuance of Operation, and Geographic Partitioning and 
Spectrum Disaggregation Rules and Policies for Certain Wireless Radio 
Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission seeks 
additional comment on a range of possible actions that may advance the 
Commission's goal of increasing the number of rural Americans with 
access to wireless communications services. In order to encourage 
investment in wireless networks, facilitate access to scarce spectrum 
resources, and promote the rapid deployment of mobile services to rural 
Americans, the Commission seeks comment on additional, reasonable 
construction obligations during renewal terms that are targeted to 
reach rural areas that lack adequate service.

DATES: Interested parties may file comments on or before October 2, 
2017, and reply comments on or before October 31, 2017.

ADDRESSES: You may submit comments, identified by WT Docket No. 10-112, 
by any of the following methods:

[[Page 41581]]

     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. 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. Generally if more than 
one docket or rulemaking number appears in the caption of this 
proceeding, filers must submit two additional copies for each 
additional docket or rulemaking number. Commenters are only required to 
file copies in GN Docket No. 13-111.
     Filings can be sent by hand or messenger delivery, 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.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
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.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Anna Gentry, [email protected], of 
the Wireless Telecommunications Bureau, Mobility Division, (202) 418-
2887. For additional information concerning the PRA information 
collection requirements contained in this document, contact Cathy 
Williams at (202) 418-2918 or send an email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM) in WT Docket No. 10-112, 
FCC 17-105, released on August 3, 2017. The complete text of the FNPRM 
is available for viewing via the Commission's ECFS Web site by entering 
the docket number, WT Docket No. 10-112. The complete text of the FNPRM 
is also 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-B402, Washington, DC 20554, telephone 202-
488-5300, fax 202-488-5563.
    This proceeding shall continue to be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules (47 CFR 1.1200 et seq.). 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 1.1206(b). 
In proceedings governed by rule 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.

Synopsis

I. Introduction

    The FNPRM seeks comment on a range of possible actions that may 
advance the Commission's goal of increasing the number of rural 
Americans with access to wireless communications services. A core 
Commission goal is to facilitate access to scarce spectrum resources 
and ensure that wireless communication networks are widely deployed so 
that every American, regardless of location, can benefit from a variety 
of communications offerings made available by Commission licensees. In 
pursuit of that goal, the Commission has, through various service 
rulemakings, created flexible-use geographic licenses and established 
initial term construction obligations tailored to specific bands, many 
of which were adopted with the stated intent of promoting service in 
rural areas.
    Although the Commission's efforts have facilitated the rapid 
development of a wide variety of wireless services over the past 
decade, there remains a real and growing digital divide between rural 
and urban areas in the United States. While the construction 
obligations associated with geographic licenses are intended to 
encourage wide deployment of wireless networks, those obligations 
require licensees to provide service to only portions of the license 
area, not the entire area. Even the Commission's most aggressive 
initial term construction obligation, which requires licensees to cover 
70 percent of the geographic area of the license, likely leaves 
significant portions of rural America, where deployment costs may be 
higher and demand lower, without meaningful mobile coverage. In 
addition, the Commission's current rules do not require any additional 
construction after the initial license term--that is, during subsequent 
renewal terms.
    Therefore, in order to encourage investment in wireless networks, 
facilitate access to scarce spectrum resources, and promote the rapid 
deployment of mobile services to rural Americans, the FNPRM seeks 
comment on whether additional, reasonable construction obligations 
during renewal terms that are targeted to reach rural areas that lack 
adequate service would help achieve the Commission's goals. The FNPRM 
seeks comment on three methods for applying any such obligations: (1) 
Applying any new obligations on a prospective basis only to new 
licenses issued in the future; (2) establishing an ``opt-in'' framework 
to

[[Page 41582]]

facilitate additional buildout; or (3) applying any new obligations 
prospectively to all existing and future licensees of flexible 
geographic licenses.
    In the event the Commission adopts construction obligations beyond 
a licensee's initial term requirements--whether on the opt-in or 
mandatory basis described above--the FNPRM seeks comment on the 
obligations that would be most effective to achieve the Commission's 
goals. Specifically, the FNPRM seeks comment on an additional 
construction obligation beyond a licensee's initial term construction 
obligations, under which the licensee would be required to exceed its 
original construction metric by an additional 10 percent in the next 
full renewal term, followed by incremental increases of five or 10 
percent in subsequent renewal terms. The FNPRM also seeks comment on 
other, targeted construction obligations that might achieve the 
Commission's goal of expanded coverage with respect to spectrum bands 
used to provide service to consumers. In light of the wide variety of 
flexible geographic licenses and their potential uses, the FNPRM seeks 
comment on whether to apply any additional renewal term construction 
obligations to all flexible geographic licenses, or whether certain 
types of licenses should be excluded. Similarly, the FNPRM seeks 
comment on whether any additional renewal term obligations should vary 
depending on the type of license, or the specific band, to which they 
would apply, and, if so, why those obligations should vary.
    In the event the Commission adopts additional construction 
obligations for license renewal terms, the FNPRM seeks comment on 
various implementation issues. First, the FNPRM seeks comment on 
requiring licensees to meet the additional construction obligations at 
the end of the next full renewal license term. As an alternative, the 
FNPRM seeks comment on requiring licensees to satisfy at least some 
additional renewal term construction obligations by a certain number of 
years into their renewal term, e.g., five years into a ten-year renewal 
term. The FNPRM seeks comment on these and any other considerations 
concerning the timeframe for implementation that will most effectively 
facilitate rapid deployment of wireless communications services to 
rural areas. The FNPRM also seeks comment on possible renewal reporting 
obligations that could provide insights into the adoption and 
affordability of services being provided by wireless carriers and that 
may help achieve our goal of closing the digital divide, particularly 
in rural areas.
    In order to create incentives for additional license construction, 
including investment in rural areas, the FNPRM seeks comment on 
appropriate penalties should licensees fail to meet those obligations. 
First, the FNPRM seeks comment on the ``keep-what-you-serve'' penalty 
for failure whereby a licensee's authorization would terminate 
automatically for those geographic portions of its license area in 
which the licensee is not providing service as of the construction 
deadline, and those unserved areas would be returned to the 
Commission's inventory for reassignment. Second, the FNPRM seeks 
comment on a ``use or offer'' penalty whereby a licensee that fails to 
meet its construction obligation would retain its entire license area, 
but would be required to negotiate in good faith with any third party 
seeking to acquire or lease spectrum in the unserved areas of the 
license. Third, the FNPRM seeks comment on a penalty resulting in total 
loss of the license or a reduction in license area, including loss of 
areas that the licensee serves. Finally, the FNPRM seeks comment 
generally on other penalties, including forfeitures, that could be used 
as alternatives to, or in combination with, those described above.
    In the event that the Commission ultimately adopts penalties that 
result in the return of whole or partial licenses to the Commission's 
inventory for reassignment, the FNPRM seeks comment on various 
approaches for relicensing unused spectrum. First, the FNPRM seeks 
comment on applying a two-phased on-demand relicensing approach, such 
as the framework established by the Commission in the 700 MHz Second 
Report and Order, under which interested parties would be allowed to 
file applications to serve any amount of available unserved area. Under 
the framework established there, there is a 30-day Phase 1 filing 
window during which only the failing licensee is barred, followed by a 
Phase 2 window, which is open to all interested parties, including the 
failing licensee, and runs until all unserved areas in the market are 
relicensed. In the alternative, the FNPRM seeks comment on relicensing 
spectrum for unserved areas through a re-auction framework that would 
offer all remaining unserved areas in the license together in a single 
auction. the FNPRM seeks comment on the respective costs and benefits 
of both approaches to relicensing and any additional or alternative 
conditions that might serve our rural coverage objectives.
    Finally, the FNPRM seeks comment on other possible changes to the 
Commission's rules that might reduce regulatory burdens to improve the 
renewal process and facilitate the efficient allocation and use of 
spectrum. The FNPRM seeks comment on whether it may be appropriate to 
extend the license term, upon renewal, of subject licenses. For 
example, a 10-year license term could be extended to 15 years, as an 
alternative to or in combination with any other approach to the 
timeframe for implementation. In addition, Verizon proposed that the 
Commission ``adopt a presumption that band-specific service rules or 
conditions will sunset at renewal, absent an affirmative finding that 
they are necessary in the public interest.'' The FNPRM seeks comment on 
what types of rules or conditions should be included under Verizon's 
proposed sunset presumption, including specific examples, and whether 
there are categories of regulations that should be excluded from any 
sunset-at-renewal presumption.

II. Procedural Matters

Initial Regulatory Flexibility Act Analysis

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
603), the Commission has prepared an Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities of the policies and rules proposed in this document. We 
request written public comment on the IRFA. Comments must be filed in 
accordance with the same deadlines as comments filed in response to the 
FNPRM as set forth on the first page of this document, and have a 
separate and distinct heading designating them as responses to the 
IRFA. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of the FNPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Initial Paperwork Reduction Act Analysis

    The FNPRM contains proposed new information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and OMB to comment 
on the information collection requirements contained in this document, 
as required by PRA. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), the Commission seeks specific comment on how it might 
``further reduce the information collection burden for small business

[[Page 41583]]

concerns with fewer than 25 employees.''

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2017-18500 Filed 8-31-17; 8:45 am]
BILLING CODE 6712-01-P



                                                  41580                 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules

                                                  material comments which VA has                          commenter, SBA, commented that                        period, VA is withdrawing the proposed
                                                  accepted.                                               ‘‘Section 74.2(b) of the proposed                     rule.
                                                     SBA, Office of Advocacy, objected to                 regulation would seem to deny an
                                                  the proposed rule on various grounds                                                                          Signing Authority
                                                                                                          applicant due process of law . . . [and]
                                                  including that it fails to provide an                   . . . would seem to indicate that if an                 The Secretary of Veterans Affairs, or
                                                  adequate basis in its Regulatory                        applicant is formally accused of an                   designee, approved this document and
                                                  Flexibility Act (RFA) certification                     offense, that person is not eligible for              authorized the undersigned to sign and
                                                  concerning the proposed rule’s impact                   Vet Biz Verification.’’ Another                       submit the document to the Office of the
                                                  on small business entities. VA’s RFA                    commenter stated ‘‘I would . . .                      Federal Register for publication
                                                  language provided that ‘‘VA estimates                   question if being ‘formally accused’ and              electronically as an official document of
                                                  the cost to an individual business to be                not actually proven guilty of any crime,              the Department of Veterans Affairs. Gina
                                                  less than $100.00 for 70–75 percent of                  is proper.’’ After considering these and              S. Farrisee, Deputy Chief of Staff,
                                                  the businesses seeking verification, and                other similar comments, VA seeks to                   Department of Veterans Affairs,
                                                  the average cost to the entire population               remove the portion of the proposed rule               approved this document on June 23,
                                                  of veterans seeking to become verified is               prescribing the immediate removal of                  2017, for publication.
                                                  less than $325.00 on average.’’ In its                  companies, under certain                                Approved: June 23, 2017.
                                                  comment, SBA stated that ‘‘[o]ne of the                 circumstances, prior to allowing such
                                                                                                                                                                Jeffrey Martin,
                                                  most important provisions with the RFA                  affected company a chance to refute the
                                                  requires that the promulgating agency                                                                         Office Program Manager, Office of Regulation
                                                                                                          allegations.
                                                                                                                                                                Policy & Management, Office of the Secretary,
                                                  give the public some idea of the number                    Six comments were lodged
                                                                                                                                                                Department of Veterans Affairs.
                                                  of small entities that any proposed rule                complaining that the increase of the
                                                                                                                                                                [FR Doc. 2017–18543 Filed 8–31–17; 8:45 am]
                                                  will impact. VA’s proposed certification                waiting period following a denial of
                                                                                                                                                                BILLING CODE 8320–01–P
                                                  does not provide any indication of the                  verification from 6 months to 12 months
                                                  number of small businesses that may be                  does not (i) benefit the Veteran, (ii) is
                                                  impacted by the proposed change.’’                      unnecessarily long, and (iii) punitive in
                                                  After considering this comment, VA                      nature. One commenter stated that                     FEDERAL COMMUNICATIONS
                                                  procured a survey to better demonstrate                 ‘‘extending the waiting period from six               COMMISSION
                                                  that the proposed rule would not have                   to 12 months does not allow sufficient
                                                  a significant economic impact on a                      time for ineligible concerns to address               47 CFR Parts 1, 22, 24, 27, 30, 74, 80,
                                                  substantial number of small business                    significant issues’’ any more than the                90, 95, and 101
                                                  entities.                                               current rule does. The current rule
                                                     SBA also objected to the proposed                    requires a minimum wait of six                        [WT Docket No. 10–112; FCC 17–105]
                                                  rule to the extent that it failed to                    months—if issues require more time to
                                                                                                                                                                Amendment of the Commission’s
                                                  provide statutory or other legal                        address, the eligible veteran can make
                                                  authority following each cited                                                                                Rules To Establish Uniform License
                                                                                                          that determination and simply wait 12
                                                  substantive provision. SBA, in its                                                                            Renewal, Discontinuance of Operation,
                                                                                                          months—or 16 months—to reapply.
                                                  comment, stated that the proposed rule                                                                        and Geographic Partitioning and
                                                                                                          Second, the extended wait time will not
                                                  does not comply with 38 U.S.C. 501 in                                                                         Spectrum Disaggregation Rules and
                                                                                                          incentivize applicants to avail
                                                  that the proposed rule does not ‘‘contain                                                                     Policies for Certain Wireless Radio
                                                                                                          themselves of CVE resources. In fact,
                                                  citations to the particular section or                                                                        Services
                                                                                                          lengthening the wait period will result
                                                  sections of statutory law or other legal                in lost momentum and is described in                  AGENCY:  Federal Communications
                                                  authority upon which such issuance is                   the preamble as a form of punishment                  Commission.
                                                  based.’’ After considering the SBA’s                    for veterans that do not use CVE                      ACTION: Proposed rule.
                                                  comment, VA seeks to withdraw the                       resources. VA should not take this
                                                  proposed rule and to republish at a later               approach. Finally, the program will be                SUMMARY:   In this document, the Federal
                                                  date to ensure that each substantive                    no more efficient in the long run with                Communications Commission seeks
                                                  revision is followed immediately by                     a 12 month waiting period. Applications               additional comment on a range of
                                                  supporting statutory or other legal                     from concerns that are denied or                      possible actions that may advance the
                                                  authority.                                              cancelled will not decrease, they will                Commission’s goal of increasing the
                                                     Fourteen comments spoke to potential                 only be filed in 12 months rather than                number of rural Americans with access
                                                  violations of due process through the                   in six.’’ After considering these and                 to wireless communications services. In
                                                  immediate removal of a company                          other similar comments, VA seeks to                   order to encourage investment in
                                                  without allowing the company an                         withdraw the portion of the proposed                  wireless networks, facilitate access to
                                                  opportunity to refute the allegations,                  rule that increases the waiting period                scarce spectrum resources, and promote
                                                  such as owners accused of criminal                      from 6 to 12 months, following a denial               the rapid deployment of mobile services
                                                  offenses. The proposed amendment to                     of verification.                                      to rural Americans, the Commission
                                                  38 CFR 74.2(b) provides that                               VA understands that in order to                    seeks comment on additional,
                                                  ‘‘[i]ndividuals having an ownership or                  proceed forward without withdrawing                   reasonable construction obligations
                                                  control interest in VetBiz verified                     the proposed rule and republishing, the               during renewal terms that are targeted to
                                                  businesses must have good character.                    proposed modifications to the proposed                reach rural areas that lack adequate
                                                  Concerns owned or controlled by a                       rule must be considered a logical
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                service.
                                                  person(s) who is formally accused of a                  outgrowth. Considering the extent of the
                                                  crime involving business integrity are                  revisions as outlined in this publication             DATES:  Interested parties may file
                                                  ineligible for VetBiz VIP Verification. If,             and that VA proposes to include                       comments on or before October 2, 2017,
                                                  after verifying a participant’s eligibility             additional modifications to the rule, it is           and reply comments on or before
                                                  the person(s) controlling the participant               unlikely that the proposed rule as                    October 31, 2017.
                                                  is found to lack good character, CVE                    modified would be considered a logical                ADDRESSES: You may submit comments,
                                                  will remove the participant from the VIP                outgrowth. Because of the adverse                     identified by WT Docket No. 10–112, by
                                                  database immediately . . .’’ One                        comments received during the comment                  any of the following methods:


                                             VerDate Sep<11>2014   16:29 Aug 31, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\01SEP1.SGM   01SEP1


                                                                        Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules                                          41581

                                                     • Electronic Filers: Comments may be                 2017. The complete text of the FNPRM                  Synopsis
                                                  filed electronically using the Internet by              is available for viewing via the                      I. Introduction
                                                  accessing the Commission’s Electronic                   Commission’s ECFS Web site by
                                                  Comment Filing System (ECFS): http://                   entering the docket number, WT Docket                    The FNPRM seeks comment on a
                                                  fjallfoss.fcc.gov/ecfs2/. See Electronic                No. 10–112. The complete text of the                  range of possible actions that may
                                                  Filing of Documents in Rulemaking                                                                             advance the Commission’s goal of
                                                                                                          FNPRM is also available for public
                                                  Proceedings, 63 FR 24121 (1998).                                                                              increasing the number of rural
                                                                                                          inspection and copying from 8:00 a.m.
                                                     • Paper Filers: Parties who choose to                                                                      Americans with access to wireless
                                                                                                          to 4:30 p.m. Eastern Time (ET) Monday                 communications services. A core
                                                  file by paper must file an original and                 through Thursday or from 8:00 a.m. to
                                                  one copy of each filing. Generally if                                                                         Commission goal is to facilitate access
                                                                                                          11:30 a.m. ET on Fridays in the FCC                   to scarce spectrum resources and ensure
                                                  more than one docket or rulemaking                      Reference Information Center, 445 12th
                                                  number appears in the caption of this                                                                         that wireless communication networks
                                                                                                          Street SW., Room CY–B402,                             are widely deployed so that every
                                                  proceeding, filers must submit two                      Washington, DC 20554, telephone 202–
                                                  additional copies for each additional                                                                         American, regardless of location, can
                                                                                                          488–5300, fax 202–488–5563.                           benefit from a variety of
                                                  docket or rulemaking number.
                                                  Commenters are only required to file                       This proceeding shall continue to be               communications offerings made
                                                  copies in GN Docket No. 13–111.                         treated as a ‘‘permit-but-disclose’’                  available by Commission licensees. In
                                                     • Filings can be sent by hand or                     proceeding in accordance with the                     pursuit of that goal, the Commission
                                                  messenger delivery, by commercial                       Commission’s ex parte rules (47 CFR                   has, through various service
                                                  overnight courier, or by first-class or                 1.1200 et seq.). Persons making ex parte              rulemakings, created flexible-use
                                                  overnight U.S. Postal Service mail. All                 presentations must file a copy of any                 geographic licenses and established
                                                  filings must be addressed to the                        written presentation or a memorandum                  initial term construction obligations
                                                  Commission’s Secretary, Office of the                   summarizing any oral presentation                     tailored to specific bands, many of
                                                                                                                                                                which were adopted with the stated
                                                  Secretary, Federal Communications                       within two business days after the
                                                                                                                                                                intent of promoting service in rural
                                                  Commission.                                             presentation (unless a different deadline
                                                     • All hand-delivered or messenger-                                                                         areas.
                                                                                                          applicable to the Sunshine period                        Although the Commission’s efforts
                                                  delivered paper filings for the                         applies). Persons making oral ex parte                have facilitated the rapid development
                                                  Commission’s Secretary must be                          presentations are reminded that                       of a wide variety of wireless services
                                                  delivered to FCC Headquarters at 445                    memoranda summarizing the                             over the past decade, there remains a
                                                  12th St. SW., Room TW–A325,                             presentation must (1) list all persons                real and growing digital divide between
                                                  Washington, DC 20554. The filing hours                  attending or otherwise participating in               rural and urban areas in the United
                                                  are 8:00 a.m. to 7:00 p.m. All hand                     the meeting at which the ex parte                     States. While the construction
                                                  deliveries must be held together with                   presentation was made, and (2)                        obligations associated with geographic
                                                  rubber bands or fasteners. Any                          summarize all data presented and                      licenses are intended to encourage wide
                                                  envelopes and boxes must be disposed                    arguments made during the                             deployment of wireless networks, those
                                                  of before entering the building.                        presentation. If the presentation                     obligations require licensees to provide
                                                     • Commercial overnight mail (other                                                                         service to only portions of the license
                                                                                                          consisted in whole or in part of the
                                                  than U.S. Postal Service Express Mail                                                                         area, not the entire area. Even the
                                                                                                          presentation of data or arguments
                                                  and Priority Mail) must be sent to 9300                                                                       Commission’s most aggressive initial
                                                                                                          already reflected in the presenter’s
                                                  East Hampton Drive, Capitol Heights,                                                                          term construction obligation, which
                                                                                                          written comments, memoranda or other
                                                  MD 20743.                                                                                                     requires licensees to cover 70 percent of
                                                     • U.S. Postal Service first-class,                   filings in the proceeding, the presenter
                                                                                                          may provide citations to such data or                 the geographic area of the license, likely
                                                  Express, and Priority mail must be                                                                            leaves significant portions of rural
                                                  addressed to 445 12th Street SW.,                       arguments in his or her prior comments,
                                                                                                          memoranda, or other filings (specifying               America, where deployment costs may
                                                  Washington, DC 20554.                                                                                         be higher and demand lower, without
                                                     People with Disabilities: To request                 the relevant page and/or paragraph
                                                                                                          numbers where such data or arguments                  meaningful mobile coverage. In
                                                  materials in accessible formats for                                                                           addition, the Commission’s current
                                                  people with disabilities (Braille, large                can be found) in lieu of summarizing
                                                                                                          them in the memorandum. Documents                     rules do not require any additional
                                                  print, electronic files, audio format),                                                                       construction after the initial license
                                                  send an email to fcc504@fcc.gov or call                 shown or given to Commission staff
                                                                                                                                                                term—that is, during subsequent
                                                  the Consumer & Governmental Affairs                     during ex parte meetings are deemed to
                                                                                                                                                                renewal terms.
                                                  Bureau at 202–418–0530 (voice), 202–                    be written ex parte presentations and                    Therefore, in order to encourage
                                                  418–0432 (TTY).                                         must be filed consistent with rule                    investment in wireless networks,
                                                  FOR FURTHER INFORMATION CONTACT:                        1.1206(b). In proceedings governed by                 facilitate access to scarce spectrum
                                                  Anna Gentry, Anna.Gentry@fcc.gov, of                    rule 1.49(f) or for which the                         resources, and promote the rapid
                                                  the Wireless Telecommunications                         Commission has made available a                       deployment of mobile services to rural
                                                  Bureau, Mobility Division, (202) 418–                   method of electronic filing, written ex               Americans, the FNPRM seeks comment
                                                  2887. For additional information                        parte presentations and memoranda                     on whether additional, reasonable
                                                  concerning the PRA information                          summarizing oral ex parte                             construction obligations during renewal
                                                  collection requirements contained in                    presentations, and all attachments                    terms that are targeted to reach rural
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  this document, contact Cathy Williams                   thereto, must be filed through the                    areas that lack adequate service would
                                                  at (202) 418–2918 or send an email to                   electronic comment filing system                      help achieve the Commission’s goals.
                                                  PRA@fcc.gov.                                            available for that proceeding, and must               The FNPRM seeks comment on three
                                                  SUPPLEMENTARY INFORMATION: This is a                    be filed in their native format (e.g., .doc,          methods for applying any such
                                                  summary of the Commission’s Further                     .xml, .ppt, searchable .pdf). Participants            obligations: (1) Applying any new
                                                  Notice of Proposed Rulemaking                           in this proceeding should familiarize                 obligations on a prospective basis only
                                                  (FNPRM) in WT Docket No. 10–112,                        themselves with the Commission’s ex                   to new licenses issued in the future; (2)
                                                  FCC 17–105, released on August 3,                       parte rules.                                          establishing an ‘‘opt-in’’ framework to


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                                                  41582                 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules

                                                  facilitate additional buildout; or (3)                     In order to create incentives for                  Commission’s rules that might reduce
                                                  applying any new obligations                            additional license construction,                      regulatory burdens to improve the
                                                  prospectively to all existing and future                including investment in rural areas, the              renewal process and facilitate the
                                                  licensees of flexible geographic licenses.              FNPRM seeks comment on appropriate                    efficient allocation and use of spectrum.
                                                     In the event the Commission adopts                   penalties should licensees fail to meet               The FNPRM seeks comment on whether
                                                  construction obligations beyond a                       those obligations. First, the FNPRM                   it may be appropriate to extend the
                                                  licensee’s initial term requirements—                   seeks comment on the ‘‘keep-what-you-                 license term, upon renewal, of subject
                                                  whether on the opt-in or mandatory                      serve’’ penalty for failure whereby a                 licenses. For example, a 10-year license
                                                  basis described above—the FNPRM                         licensee’s authorization would                        term could be extended to 15 years, as
                                                  seeks comment on the obligations that                   terminate automatically for those                     an alternative to or in combination with
                                                  would be most effective to achieve the                  geographic portions of its license area in            any other approach to the timeframe for
                                                  Commission’s goals. Specifically, the                   which the licensee is not providing                   implementation. In addition, Verizon
                                                  FNPRM seeks comment on an additional                    service as of the construction deadline,              proposed that the Commission ‘‘adopt a
                                                  construction obligation beyond a                        and those unserved areas would be                     presumption that band-specific service
                                                  licensee’s initial term construction                    returned to the Commission’s inventory                rules or conditions will sunset at
                                                  obligations, under which the licensee                   for reassignment. Second, the FNPRM                   renewal, absent an affirmative finding
                                                  would be required to exceed its original                seeks comment on a ‘‘use or offer’’                   that they are necessary in the public
                                                  construction metric by an additional 10                 penalty whereby a licensee that fails to              interest.’’ The FNPRM seeks comment
                                                  percent in the next full renewal term,                  meet its construction obligation would                on what types of rules or conditions
                                                  followed by incremental increases of                    retain its entire license area, but would             should be included under Verizon’s
                                                  five or 10 percent in subsequent renewal                be required to negotiate in good faith                proposed sunset presumption, including
                                                  terms. The FNPRM also seeks comment                     with any third party seeking to acquire               specific examples, and whether there
                                                  on other, targeted construction                         or lease spectrum in the unserved areas               are categories of regulations that should
                                                  obligations that might achieve the                      of the license. Third, the FNPRM seeks                be excluded from any sunset-at-renewal
                                                  Commission’s goal of expanded                           comment on a penalty resulting in total               presumption.
                                                  coverage with respect to spectrum bands                 loss of the license or a reduction in
                                                  used to provide service to consumers. In                license area, including loss of areas that            II. Procedural Matters
                                                  light of the wide variety of flexible                   the licensee serves. Finally, the FNPRM               Initial Regulatory Flexibility Act
                                                  geographic licenses and their potential                 seeks comment generally on other                      Analysis
                                                  uses, the FNPRM seeks comment on                        penalties, including forfeitures, that
                                                  whether to apply any additional                         could be used as alternatives to, or in                 As required by the Regulatory
                                                  renewal term construction obligations to                combination with, those described                     Flexibility Act of 1980 (5 U.S.C. 603),
                                                  all flexible geographic licenses, or                    above.                                                the Commission has prepared an Initial
                                                  whether certain types of licenses should                   In the event that the Commission                   Regulatory Flexibility Analysis (IRFA)
                                                  be excluded. Similarly, the FNPRM                       ultimately adopts penalties that result in            of the possible significant economic
                                                  seeks comment on whether any                            the return of whole or partial licenses to            impact on small entities of the policies
                                                  additional renewal term obligations                     the Commission’s inventory for                        and rules proposed in this document.
                                                  should vary depending on the type of                    reassignment, the FNPRM seeks                         We request written public comment on
                                                  license, or the specific band, to which                 comment on various approaches for                     the IRFA. Comments must be filed in
                                                  they would apply, and, if so, why those                 relicensing unused spectrum. First, the               accordance with the same deadlines as
                                                  obligations should vary.                                FNPRM seeks comment on applying a                     comments filed in response to the
                                                     In the event the Commission adopts                   two-phased on-demand relicensing                      FNPRM as set forth on the first page of
                                                  additional construction obligations for                 approach, such as the framework                       this document, and have a separate and
                                                  license renewal terms, the FNPRM seeks                  established by the Commission in the                  distinct heading designating them as
                                                  comment on various implementation                       700 MHz Second Report and Order,                      responses to the IRFA. The
                                                  issues. First, the FNPRM seeks comment                  under which interested parties would be               Commission’s Consumer and
                                                  on requiring licensees to meet the                      allowed to file applications to serve any             Governmental Affairs Bureau, Reference
                                                  additional construction obligations at                  amount of available unserved area.                    Information Center, will send a copy of
                                                  the end of the next full renewal license                Under the framework established there,                the FNPRM, including the IRFA, to the
                                                  term. As an alternative, the FNPRM                      there is a 30-day Phase 1 filing window               Chief Counsel for Advocacy of the Small
                                                  seeks comment on requiring licensees to                 during which only the failing licensee is             Business Administration.
                                                  satisfy at least some additional renewal                barred, followed by a Phase 2 window,                 Initial Paperwork Reduction Act
                                                  term construction obligations by a                      which is open to all interested parties,              Analysis
                                                  certain number of years into their                      including the failing licensee, and runs
                                                  renewal term, e.g., five years into a ten-              until all unserved areas in the market                   The FNPRM contains proposed new
                                                  year renewal term. The FNPRM seeks                      are relicensed. In the alternative, the               information collection requirements.
                                                  comment on these and any other                          FNPRM seeks comment on relicensing                    The Commission, as part of its
                                                  considerations concerning the                           spectrum for unserved areas through a                 continuing effort to reduce paperwork
                                                  timeframe for implementation that will                  re-auction framework that would offer                 burdens, invites the general public and
                                                  most effectively facilitate rapid                       all remaining unserved areas in the                   OMB to comment on the information
                                                  deployment of wireless communications                   license together in a single auction. the             collection requirements contained in
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                                                  services to rural areas. The FNPRM also                 FNPRM seeks comment on the                            this document, as required by PRA. In
                                                  seeks comment on possible renewal                       respective costs and benefits of both                 addition, pursuant to the Small
                                                  reporting obligations that could provide                approaches to relicensing and any                     Business Paperwork Relief Act of 2002,
                                                  insights into the adoption and                          additional or alternative conditions that             Public Law 107–198, see 44 U.S.C.
                                                  affordability of services being provided                might serve our rural coverage                        3506(c)(4), the Commission seeks
                                                  by wireless carriers and that may help                  objectives.                                           specific comment on how it might
                                                  achieve our goal of closing the digital                    Finally, the FNPRM seeks comment                   ‘‘further reduce the information
                                                  divide, particularly in rural areas.                    on other possible changes to the                      collection burden for small business


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                                                                        Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Proposed Rules                                         41583

                                                  concerns with fewer than 25                             during normal business hours in the                   the white spaces databases to receive
                                                  employees.’’                                            FCC Reference Center (Room CY–A257),                  interference protection from unlicensed
                                                  Federal Communications Commission.                      445 12th Street SW., Washington, DC                   white space devices in the TV bands at
                                                  Katura Jackson,
                                                                                                          20554. The full text may also be                      specified locations when these events/
                                                                                                          downloaded at: http://transition.fcc.gov/             productions are performed.
                                                  Federal Register Liaison Officer, Office of the                                                                  3. In providing for this limited
                                                  Secretary.
                                                                                                          Daily_Releases/Daily_Business/2017/
                                                                                                          db0714/FCC-17-95A1.pdf.                               expansion of license eligibility, the
                                                  [FR Doc. 2017–18500 Filed 8–31–17; 8:45 am]
                                                                                                            People with Disabilities: To request                Commission explained that these
                                                  BILLING CODE 6712–01–P                                  materials in accessible formats for                   particular entities share the need of the
                                                                                                          people with disabilities (braille, large              other eligible entities for regular and
                                                                                                          print, electronic files, audio format),               reliable high quality audio services that
                                                  FEDERAL COMMUNICATIONS                                  send an email to fcc504@fcc.gov or call               are free from interference, and often
                                                  COMMISSION                                              the Consumer & Governmental Affairs                   require a large number of wireless
                                                  47 CFR Part 74                                          Bureau at 202–418–0530 (voice), 202–                  microphones to meet their needs. In
                                                                                                          418–0432 (tty).                                       particular, the Commission concluded
                                                  [GN Docket No. 14–166, ET Docket No. 14–                                                                      that professional sound companies and
                                                  165, GN Docket No. 12–268: FCC 17–95]                   Synopsis
                                                                                                                                                                venues that routinely use 50 or more
                                                                                                             1. Background. As an alternative to its            wireless microphones at events/
                                                  Promoting Spectrum Access for                           request for reinstatement of a                        productions generally have the same
                                                  Wireless Microphone Operations                          reservation system for certain                        needs for interference protection as
                                                  AGENCY:  Federal Communications                         unlicensed wireless microphone users,                 existing part 74 wireless microphone
                                                  Commission.                                             wireless microphone manufacturer                      licensees, particularly given the
                                                                                                          Shure requested in its petition for                   spectrum requirements associated with
                                                  ACTION: Proposed rule.
                                                                                                          reconsideration of the Commission’s                   use of a large number of wireless
                                                  SUMMARY:    In this document, the                       2015 Wireless Microphones R&O, 80 FR                  microphones. The Commission found
                                                  Commission proposes to permit                           71702, November 17, 2015, that the                    that these types of professional users
                                                  professional theater, music, performing                 Commission provide a more limited                     have experience in coordinating
                                                  arts, or similar organizations that                     reservation system that would make                    wireless microphone uses among
                                                  operate wireless microphones on an                      registration for interference protection              themselves at venues or events, even in
                                                  unlicensed basis and that meet certain                  for wireless microphone users in the TV               congested markets, and have similar
                                                  criteria to obtain a license to operate in              bands available in special circumstances              needs to existing part 74 wireless
                                                  the TV bands (and the 600 MHz service                   requiring a high degree of reliability for            microphone licensees, and concluded
                                                  band during the post-auction transition                 a user that does not typically use 50 or              that routine use of 50 microphones was
                                                  period), thereby allowing them to                       more microphones. Shure pointed out                   a reasonable threshold for identifying
                                                  register in the white spaces databases                  that recent Commission decisions,                     entities that are more likely to require
                                                  for interference protection from                        including the elimination of two                      interference protection in order to
                                                  unlicensed white space devices at                       ‘‘reserved’’ TV channels for wireless                 ensure high quality audio services.
                                                  venues where their events/productions                   microphones in the TV bands following                    4. In the 2015 Wireless Microphones
                                                  are performed. In addition, the                         the incentive auction, has resulted in                R&O, the Commission adopted various
                                                  Commission proposes to permit these                     unlicensed wireless microphone users                  revisions in with regard to licensed
                                                  same users, based on demonstrated                       having access to fewer vacant TV                      wireless microphone operations under
                                                  need, also to obtain a license to operate               channels that would be free from                      the part 74 LPAS rules. With respect to
                                                  on other bands available for use by                     interference from white space devices.                the TV bands, it revised the rules to
                                                  wireless microphone licensees provided                     2. Under the Commission’s part 74                  provide more opportunities for licensed
                                                  that they meet the applicable                           Low Power Auxiliary Stations (LPAS)                   wireless microphone users to access
                                                  requirements for operating in those                     rules, licensed operations of wireless                spectrum by allowing greater use of
                                                  bands. This proposed action promotes                    microphones are permitted on the TV                   VHF channels, and by providing for
                                                  the Commission’s goal of                                band frequencies on a secondary, non-                 closer co-channel operation without the
                                                  accommodating wireless microphone                       exclusive basis, with license eligibility             need for coordination where the
                                                  users’ needs through access to spectrum                 restricted to a limited set of specified              licensed wireless microphone user
                                                  resources following the incentive                       entities. Prior to 2014, eligibility was              determines that the TV signals fell
                                                  auction and reconfiguration of the TV                   restricted to licensees of radio and                  below a specified threshold (such that
                                                  bands.                                                  broadcast television stations, broadcast              wireless microphone operations would
                                                                                                          television network entities, certain cable            pose little risk of causing harmful
                                                  DATES: Comments are due October 2,                      television system operators, and motion               interference to TV service). The
                                                  2017. Reply comments are due October                    picture and television program                        Commission also expanded eligibility
                                                  16, 2017.                                               producers. In the TV Bands Wireless                   for licensed use of the 600 MHz duplex
                                                  FOR FURTHER INFORMATION CONTACT: Paul                   Microphones Second R&O, 79 FR 40680,                  gap to all entities eligible to hold part
                                                  Murray, Office of Engineering and                       July 14, 2014, the Commission provided                74 wireless microphone licenses for
                                                  Technology, 202–418–0688,                               for a limited expansion of eligibility                using TV band spectrum. In addition,
                                                  Paul.Murray@fcc.gov.                                    under part 74, Subpart H, to include                  outside of the TV bands the Commission
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  SUPPLEMENTARY INFORMATION: This is a                    professional sound companies and                      opened up additional portions of the
                                                  summary of the Commission’s Further                     venues that routinely use 50 or more                  900 MHz band (portions of the 941–944
                                                  Notice of Proposed Rulemaking, GN                       wireless microphones for major events/                MHz and 952–960 MHz bands on each
                                                  Docket No. 14–166, ET Docket No. 14–                    productions where use of such devices                 side of the 944–952 MHz band), as well
                                                  165, GN Docket No 12–268, FCC 17–95,                    is an integral part of these events/                  as portions of the 1435–1525 MHz band
                                                  adopted July 13, 2017, and released July                productions. When using frequencies in                (with special equipment and
                                                  14, 2017. The full text of this document                the TV bands, these licensed wireless                 coordination requirements) and the
                                                  is available for inspection and copying                 microphone users may also register with               6875–7125 MHz band, to permit use by


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Document Created: 2017-09-01 01:50:42
Document Modified: 2017-09-01 01:50:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesInterested parties may file comments on or before October 2, 2017, and reply comments on or before October 31, 2017.
ContactAnna Gentry, [email protected], of the Wireless Telecommunications Bureau, Mobility Division, (202) 418- 2887. For additional information concerning the PRA information collection requirements contained in this document, contact Cathy Williams at (202) 418-2918 or send an email to [email protected]
FR Citation82 FR 41580 
CFR Citation47 CFR 1
47 CFR 101
47 CFR 22
47 CFR 24
47 CFR 27
47 CFR 30
47 CFR 74
47 CFR 80
47 CFR 90
47 CFR 95

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