82_FR_56420 82 FR 56193 - Promoting Investment in the 3500-3700 MHz Band

82 FR 56193 - Promoting Investment in the 3500-3700 MHz Band

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56193-56201
FR Document2017-25672

In this document, the Federal Communications Commission (Commission) proposes and seeks comment on reforms of its licensing rules governing Priority Access Licenses (PALs) in the 3550-3700 MHz band (3.5 GHz Band). Specifically, the Commission proposes extending PAL license terms from three years to 10 years, with the possibility for renewal; seeks comment on increasing the PAL geographic licensing area; proposes to allow portioning and disaggregation of PALs on the secondary market; and proposes to amend the rules governing assignment of PALs. The Commission also proposes to remove a rule requiring public disclosure of device registration information, and seeks comment on changes to the technical rules to allow operation over wider bandwidths.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Proposed Rules]
[Pages 56193-56201]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25672]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 96

[GN Docket No. 17-258; FCC 17-134]


Promoting Investment in the 3500-3700 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes and seeks comment on reforms of its licensing 
rules governing Priority Access Licenses (PALs) in the 3550-3700 MHz 
band (3.5 GHz Band). Specifically, the Commission proposes extending 
PAL license terms from three years to 10 years, with the possibility 
for renewal; seeks comment on increasing the PAL geographic licensing 
area; proposes to allow portioning and disaggregation of PALs on the 
secondary market; and proposes to amend the rules governing assignment 
of PALs. The Commission also proposes to remove a rule requiring public 
disclosure of device registration information, and seeks comment on 
changes to the technical rules to allow operation over wider 
bandwidths.

DATES: Interested parties may file comments on or before December 28, 
2017, and reply comments on or before January 29, 2018.

ADDRESSES: You may submit comments, identified by GN Docket No. 17-258, 
by any of the following methods:
     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 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     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: Jessica Greffenius, 
[email protected], of the Wireless Telecommunications Bureau, 
Mobility Division, (202) 418-2896.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in GN Docket No. 17-258, FCC 17-134, 
released on October 24, 2017. The complete text of the NPRM is 
available for viewing via the Commission's ECFS Web site by entering 
the docket number, GN Docket No. 17-258. The complete text of the NPRM 
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.
    Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
    The proceeding this NPRM initiates shall be treated as a ``permit-
but-

[[Page 56194]]

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. We find that all ex parte presentations 
made by NTIA or Department of Defense representatives are exempt under 
our exemption for presentations by federal agencies sharing 
jurisdiction with the Commission (see 47 CFR 1.1204(a)(5)).

Synopsis

I. Introduction and Background

    In this Notice of Proposed Rulemaking in GN Docket No. 17-258 
(NPRM), the Commission seeks comment on several proposed changes to the 
rules governing Priority Access Licenses (PALs) that will be issued in 
3550-3700 MHz band (3.5 GHz Band)--including longer license terms, 
renewability, larger geographic license areas, and auction methodology. 
These changes are consistent with the service rules and license 
assignment models that helped foster the development of 4G and LTE 
services in the United States. We anticipate that adopting similar 
rules for the 3.5 GHz Band similarly will encourage robust investment 
in network deployment. We also seek comment on changes to the technical 
rules that could facilitate operations over wider bandwidths while 
ensuring that current and future incumbent operations continue to be 
protected from interference. In addition, we seek changes to the 
information security requirements that would help safeguard private 
information and protect critical infrastructure.
    In 2015, the Commission adopted rules for commercial use of 150 
megahertz in the 3.5 GHz Band. Specifically, the First Report and Order 
in GN Docket No. 12-354, adopted April 15, 2015 and released April 21, 
2015 (FCC 15-47), created a three-tiered framework to coordinate shared 
federal and non-federal use of the band. Incumbents comprise the 
highest tier and receive protection from all other users, followed by 
PAL, the second tier, and General Authorized Access (GAA), the third 
tier. PALs receive protection from GAA operations; GAA is licensed-by-
rule and must accept interference from all other users. Automated 
frequency coordinators, known as Spectrum Access Systems (SASs), will 
coordinate operations between and among users in different access 
tiers. The service and technical rules governing the 3.5 GHz Band were 
adopted as the new Part 96 of the Commission's rules.
    In June 2017, both CTIA and T-Mobile (together, Petitioners) filed 
petitions for rulemaking, which ask the Commission to reexamine several 
of the PAL licensing rules. CTIA proposes several changes to the PAL 
licensing rules; T-Mobile supports CTIA's proposals and makes 
additional proposals, including proposed changes to the amount of 
spectrum available for PALs and to the technical rules governing the 
3.5 GHz Band. Petitioners argue that these changes are necessary to 
promote 5G network deployment in the Citizens Broadband Radio Service.
    The Wireless Telecommunications Bureau and Office of Engineering 
and Technology sought comment on the Petitions--and on related issues 
raised in ex parte communications--on June 22, 2017 (DA 17-609), and 
received comments and reply comments from more than 120 parties.

II. NPRM

A. PAL Licensing Rules

1. License Term and Renewability
    The rules adopted in the First Report and Order established a 
three-year license term for PALs. Under the current rules, at the end 
of its term, a PAL will terminate automatically and may not be renewed. 
During the first application window, however, an applicant may apply 
for up to two consecutive three-year terms for a given PAL. During 
subsequent regular application windows, only the next three-year 
license term will be made available for any given PAL.
    Petitioners ask the Commission to increase the PAL license term to 
ten years, and to include an expectation of renewal. Petitioners and 
some commenters argue that a longer, renewable license term will better 
encourage investment in the 3.5 GHz Band, stressing that a three-year 
term with automatic termination creates a risk that Priority Access 
licensees will face stranded investment in just three (or, initially, 
six) years. Petitioners and some commenters also disagree with the 
assumption underlying the current rule--that a user's ability to switch 
between Priority Access and GAA use will provide sufficient incentives 
for investment. T-Mobile argues that the current rule does not account 
for challenges ``that providers have reported experiencing in the real 
world today'' that can delay network deployment. For example, CTIA 
cites difficulties in obtaining siting approvals, which they argue are 
magnified in this band, given the complexity of rolling out a high 
number of small cell deployments.
    CTIA and several commenters also note that a ten-year, renewable 
licensing scheme is consistent with the Commission's ``proven 
approach'' in most other licensed mobile bands, including the bands at 
issue in the Spectrum Frontiers proceeding which, like the 3.5 GHz 
Band, ``will see network deployments comprised mostly of small cells.'' 
Others argue that ten-year terms would harmonize the U.S. approach with 
the global approach to actively encourage 5G network deployment in the 
mid-band spectrum.
    Other commenters, however, support the existing rules. They argue 
that that a longer, renewable license--combined with other potential 
rule changes sought by the Petitioners--would make PALs economically 
viable investments only for large entities, and would convert the 3.5 
GHz Band from an innovative framework into a traditionally licensed

[[Page 56195]]

band. These commenters also argue that the investments already made in 
the band based on the current rules belie concerns about barriers to 
investment and that any changes to the band should permit a diversity 
of deployment models and use cases and not be solely designed for the 
benefit of one (i.e., 5G).
    We propose to revise our rules by increasing the PAL license term 
from three years to ten years and by eliminating the requirement that 
PALs automatically terminate at the end of the license term. We also 
seek comment on this change and on the appropriate performance 
requirements and renewal standards for PALs. This approach is 
consistent with that adopted for other wireless services and will 
afford each licensee sufficient time to design and acquire the 
necessary equipment and devices and to deploy facilities across the 
license area. We invite detailed comments on this proposal from all 
stakeholders.
    We seek comment on whether the proposed rule changes will affect 
investment already made, as well as how they will incentivize future 
investment, in this band. What specific impact will a longer, renewable 
license have on investments and business plans already underway? How 
will the proposal affect investment in the future, particularly given 
the longer term of ten years and the possibility of renewal? To what 
extent would a longer license term with the possibility of renewal 
facilitate the deployment of a wide array of technologies?
    We also seek comment on how a longer, renewable license term for 
PALs could affect deployments in rural areas. Does the proposed rule 
change effectively promote the development and rapid deployment of new 
technologies, products, and services to benefit the public, including 
those residing in rural areas? Given concerns raised by the Wireless 
Internet Service Providers Association (WISPA) and other commenters 
about access to spectrum in rural areas, does the proposed rule change 
appropriately balance the objectives in Section 309(j) (47 U.S.C. 
309(j))? Do these arguments present a persuasive case for maintaining 
the current three-year license term for PALs in rural areas? Further, 
does extending the license term to ten years lead to barriers to exit 
for companies that could impede innovation and investment or is the 
ability to return a license to the Commission sufficient to allay such 
concerns?
    Additionally, we seek comment on alternative approaches to the 
length of the license term, including different, hybrid approaches for 
particular subsets of PALs (e.g., three years for some PALs, five years 
for some, and ten for yet others). Many of these other approaches are 
already in the record. For example, Charter proposes a six-year 
renewable term, Motorola Solutions proposes a five-year term with only 
a single renewal allowed, and Southern Linc and WISPA suggest that a 
subset of PALs could have a five-year term, with PALs seeking renewal 
paying a fee. What other alternative licensing terms and conditions 
might be appropriate for this band? What impact would these 
alternatives have on investment, deployment, and on smaller or rural 
entities seeking PALs? Commenters that submit alternative proposals 
should include a cost-benefit analysis to support their approach.
    If the license term is increased to ten years with the possibility 
of renewal, PALs would more closely resemble other licenses issued by 
the Commission under its auction authority. Such licenses include 
performance requirements--typically construction requirements--and many 
services also include renewal standards. Some commenters argue that, if 
PALs are licensed for a ten-year, renewable term, the Commission should 
impose construction requirements on Priority Access licensees, as it 
has for other licensed wireless services. We seek comment on whether, 
if we adopt longer term, renewable PALs, it would serve the public 
interest to adopt certain performance requirements to ensure that the 
spectrum is put to its best use in an efficient and effective manner. 
If so, what types of performance requirements would be appropriate? 
Which performance metrics (e.g., population coverage, geographic 
coverage) and benchmarks would be appropriate? Does the opportunistic 
GAA use of the band--including unused PAL channels--alleviate concerns 
involving spectrum warehousing or otherwise satisfy the Commission's 
statutory obligations? If so, how can we take that into account in 
determining performance requirements for longer term, renewable PALs?
    In addition, to obtain renewal, a licensee generally must show that 
it has continued to provide at least the initially-required level of 
service necessary to satisfy its performance requirement, and that it 
has substantially complied with the Communications Act and Commission 
rules. If we adopt the proposed changes to PALs, what standard, if any, 
would be appropriate for the Commission to apply at the end of the PAL 
license term to determine whether renewal is warranted? Would such a 
requirement be appropriate in this band? If so, how should it be 
applied and what level of service should be used as a renewal standard?
    Some commenters have argued that, instead of renewability, the 
licenses should be reauctioned at the end of the license term. For 
example, Paul Milgrom describes an auction format under which an 
incumbent would be required to bid for a renewal of its license at the 
end of the license term, but it would be given a bidding credit so 
that, if it won, it would have to pay only a fraction of the auction-
determined price. Moreover, if the incumbent loses, it would be 
compensated with a transferable bidding credit to apply to the purchase 
of other outcomes. Milgrom argues that this would mitigate the risk 
that the incumbent licensee's investments may become stranded. We seek 
comment on this approach and its assumptions, as well as on other 
approaches that might offer an alternative to renewability and still 
encourage robust investment in the band. Could this approach promote 
competition and efficient use of spectrum?
2. Geographic License Area
    The First Report and Order defined the geographic license area for 
each PAL as one census tract. Petitioners request that the Commission 
increase the geographic licensing area from census tracts to Partial 
Economic Area (PEAs). T-Mobile argues that doing so would ``be 
consistent with the geographic licensing area that the Commission has 
already identified as best for 5G operations'' in the Spectrum 
Frontiers proceeding. Petitioners and some commenters contend that 
licensing PALs on a census tract-basis--which could result in over 
500,000 PALs--will be challenging for SAS Administrators, the 
Commission, and licensees to manage, and will create unnecessary 
interference risks due to the large number of border areas that will 
need to be managed and maintained. Petitioners and some commenters 
contend that these challenges ultimately will make PALs unattractive to 
licensees and reduce investment. They argue that PEAs are small enough 
to allow for flexible and targeted networks, but large enough to reduce 
border areas and decrease administrative burdens. Some commenters also 
contend that a larger license area (along with a longer, renewable 
license term) will promote global harmonization of the 3.5 GHz Band for 
5G development.
    Many commenters oppose expanding the geographic license area of 
PALs

[[Page 56196]]

from census tracts to PEAs or other larger areas. These commenters 
argue that PEAs--especially in combination with other potential changes 
to the PAL licensing rules--could foreclose smaller entities from 
participating in the PAL auction. Some commenters similarly contend 
that enlarging the geographic area and extending the license term will 
effectively grant permanent spectrum rights to large carriers, and 
upend planned business models for targeted, local, and rural uses. Some 
of these commenters--including, Google and Sony, which have applied to 
be SAS Administrators--argue that managing licenses in over 70,000 
geographic areas would not pose an undue burden ``given the meaningful 
advances in database management, cloud computing, and other 
technologies and engineering systems in recent years.''
    NCTA and Charter suggest that county-sized license areas could 
strike a balance between preserving low barriers to entry and 
minimizing administrative burdens. Some commenters propose using a 
hybrid approach to offer more than one PAL license size (e.g., offering 
some licenses by PEAs and others by county or census tracts). GeoLinks 
similarly asks us to consider whether rural areas would benefit more 
from using census tracts or counties to ensure more timely broadband 
access to rural communities, while more urban areas could benefit from 
using PEAs.
    We seek comment on increasing the geographic licensing area of PALs 
to stimulate additional investment, promote innovation, and encourage 
efficient use of spectrum resources. We seek comment on this proposal 
and on the potential effects of this change on investment in and use of 
the 3.5 GHz Band. We also seek comment on whether a larger license area 
would provide additional flexibility to facilitate the deployment of a 
wide variety of technologies, including 5G.
    We seek comment on Petitioners' specific request to increase the 
license size of PALs to PEAs, and how this would affect investment in 
PALs--both investments currently underway and future PAL investment--
and diversity of PAL uses and users. Would PEAs strike an appropriate 
balance between facilitating access to spectrum by both large and small 
providers while incentivizing investment in, and rapid deployment of, 
new technologies? We also note that, like census tracts, counties nest 
into PEAs, which in turn nest into EAs. This nesting would make it 
easier for operators to combine or partition their PEAs into the 
license area of their choice. Would the larger size of PEAs and the 
ability to combine and partition licenses to customize service areas 
effectively address the concerns raised by commenters and promote 
robust deployment in the band? Commenters should include cost-benefit 
analyses when comparing licensing PALs on a PEA-basis versus a census 
tract-basis, as well as for options in between these choices (e.g., 
licensing on a county-basis). Would PEAs effectively balance the 
objectives set forth in Section 309(j) of the Act (47 U.S.C. 309(j)), 
including encouraging ``efficient and intensive'' use of the 3.5 GHz 
spectrum and prescribing license area designations that promote ``an 
equitable distribution of licenses and services among geographic 
areas'' and ``economic opportunity for a wide variety of 
applications''? What impact would licensing PALs using PEAs have on 
smaller entities, rural deployments, and existing investments? Would 
PEA-based licensing facilitate compatible, authorized users and uses 
occupying the same spectrum?
    We also seek comment on alternatives or hybrid approaches, 
including those already in the record. Would counties, or a combination 
of PAL license areas (e.g., a hybrid combination of PEAs in urban areas 
and census tracts in rural areas, offering PALs of different sizes, 
such as PEAs and census tracts, or some other combination) ensure a 
diversity of auction participants, differing technologies, and rural 
deployments? Since we are offering seven PALs, commenters in favor of 
offering different license sizes in rural and urban areas should 
discuss what would be the appropriate balance between larger geographic 
areas and census tracts. Are there other possibilities that could 
promote such objectives? Should the Commission reconsider package 
bidding of census tracts or other geographic areas for a limited number 
of PALs? Would this approach promote our objectives? Would package 
bidding, bidding credits for certain bidders or areas, or other auction 
design mechanisms be appropriate for us to consider if we were to 
increase the license area? Specifically, we seek comment on whether we 
should adopt the bidding credits we used in the 600 MHz Band (Incentive 
Auction). Commenters should include a cost-benefit analysis of their 
proposed alternatives or hybrid approaches and discuss how their 
proposed approach appropriately balances the objectives set forth in 
Section 309(j) of the Act (47 U.S.C. 309(j)).
    In addition, we seek comment generally on how changes to the 
license area (on their own, and in combination with changes to the 
license term) could affect auction complexity. How might such changes 
affect bidding strategies? How would a combination of license areas 
affect the auction mechanism and bidding strategies? Are there insights 
from bidders' experience during recent auctions that may be relevant in 
this context?
    In light of the proposed change to modify the geographic license 
area, as well as any other changes considered in this NPRM, should the 
Commission modify the current 40 megahertz spectrum aggregation limit? 
Should we remove it altogether? What are the costs and benefits of 
higher or lower limits? How would changes affect competition and new 
entrants?
3. Secondary Markets
    In the Second Report and Order in GN Docket No. 12-354 (FCC 16-55), 
the Commission prohibited Priority Access licensees from partitioning 
or disaggregating their licenses because the Commission found typical 
reasons for permitting partitioning and disaggregation in more 
traditionally licensed bands were not present in the 3.5 GHz Band. The 
Commission also determined that a light-touch leasing process could 
achieve the goal of making PAL spectrum use rights available in 
secondary markets--on a targeted, flexible basis--without the need for 
the Commission oversight required of partitioning and disaggregation.
    In its Petition, T-Mobile asks the Commission to consider allowing 
partitioning and disaggregation of PALs, if it permits licensing on a 
PEA basis. Several commenters agree that allowing partitioning and 
disaggregation will help ensure that PAL spectrum rights flow to their 
best use and support a wide variety of deployments. These commenters 
also argue that partitioning and disaggregation will encourage service 
to targeted areas, mitigating concerns that licensing larger area PALs 
might result in in inefficient spectrum use.
    Several commenters oppose the concept of secondary market 
transactions as a replacement for smaller geographic areas and shorter 
term PALs to encourage efficient use of spectrum by a variety of users. 
They argue that there is no guarantee that the licensee will lease or 
sell idle spectrum in the secondary market. Other commenters, however, 
suggest that, if the Commission were to make changes to the PAL license 
term, renewability, and geographic area, then the ability of a PAL 
licensee to partition or disaggregate its license on the secondary 
market could be a useful tool to ensure

[[Page 56197]]

robust and targeted use of the spectrum throughout the license area.
    We propose to allow partitioning and disaggregation of PALs in 
secondary market transactions. Allowing partitioning and disaggregation 
would be consistent with other changes considered in this NPRM, and is 
consistent with the licensing paradigm for other similarly licensed 
services. We also anticipate that the ability to partition and 
disaggregate a PAL will be an effective way to improve spectral 
efficiency and facilitate targeted network deployments, particularly if 
the Commission adopts a longer license term or larger license area for 
PALs. We seek comment on this proposal and its underlying assumptions. 
If we were to adopt a larger geographic license area for some or all 
PALs, would allowing partitioning and disaggregation of PALs enable 
prospective PAL licensees to acquire PAL rights in smaller geographic 
areas where their business needs call for it? Are partitioning and 
disaggregation effective means to facilitate the ability of small 
entities to access the spectrum they desire for targeted, local 
deployments? If the Commission does not adopt some or all of the other 
proposed revisions to PALs, should we still allow partitioning and 
disaggregation? If so, why? To what extent would partitioning and 
disaggregation help the Commission facilitate the objectives of Section 
309(j) (47 U.S.C. 309(j)), which, among other considerations, asks us 
to promote ``economic opportunity for a wide variety of applications''?
    We note that several commenters argue the PAL licensees will lack 
an incentive to disaggregate or partition a larger, longer-term PAL. T-
Mobile, in response, suggests that this ``can be remedied by adopt[ing] 
reasonable performance requirements associated with renewal 
expectations.'' We seek comment on the relationship between secondary 
market transactions and performance requirements. What types of 
requirements would be appropriate to encourage a robust secondary 
market for PALs to facilitate targeted and intensive spectrum use? How 
would requirements related to secondary markets interplay with 
construction requirements for PALs more broadly? How could performance 
requirements and secondary markets incentivize users to provide service 
to rural and other difficult-to-serve areas?
4. SAS Public Disclosure of CBSD Registration Information
    In the First Report and Order, the Commission required that SAS 
Administrators make Citizens Broadband Radio Service Device (CBSD) 
registration information available to the general public. When doing 
so, however, SAS Administrators must ``obfuscate the identities of the 
licensees.'' In doing so, the Commission acknowledged ``the concerns 
raised by commenters about disclosure of confidential business 
information to the public.''
    Both CTIA and T-Mobile, supported by several commenters, ask the 
Commission to eliminate the rule requiring public disclosure of CBSD 
registration information. Petitioners assert that the rule raises both 
competitive concerns and ``cybersecurity and national security 
concerns.'' AT&T also claims that ``the SAS will be required to collect 
extensive data regarding users' network configuration, uses, and 
technical parameters''--data that ``amounts to critical infrastructure 
data'' that must be adequately protected to avoid competitive and 
cybersecurity concerns.'' In addition, Petitioners and commenters argue 
that obfuscating the licensees' identities does not adequately address 
these concerns because it still may be possible to uncover the 
identities of individual licensees based on publicly available 
information. Petitioners and commenters also contend that, since 
potential GAA operators can coordinate directly with the SAS 
Administrators to deploy GAA services, the public disclosure 
requirement is unnecessary to ensure that operations in the band are 
effectively coordinated.
    Google, Open Technology Institute and Public Knowledge (OTI/PK), 
and WISPA support retention of the current rule, arguing that it 
benefits potential operators that need to investigate the feasibility 
of deploying GAA or PAL service before incurring the cost of attempting 
to reserve or auction spectrum. OTI/PK contends that meaningful 
transparency allows incumbents and public advocacy groups to play a 
productive role in holding SAS Administrators and other stakeholders 
accountable for responsibilities such as military radar protection and 
ensuring that valuable PAL spectrum does not lie fallow. Google denies 
that anonymized public registration data presents security or 
competitive concerns and argues that such information is already 
available, as wireless carriers' transceiver locations are visible to a 
passerby, logged by crowd-sourced applications, and publicly 
documented. Google also notes that several aspiring SAS 
Administrators--including CTIA--already have negotiated a model sharing 
agreement, and that CTIA itself has stated that the agreement 
``provides the necessary protections for SAS customers' proprietary and 
competitively sensitive information, as well as end users' private 
information.'' In response, AT&T argues that the model sharing 
agreement that Google references addresses SAS-to-SAS information 
sharing, not public availability of information, and that Google 
incorrectly assumes that licensees plan network deployment based on 
activities of others rather than on internal objectives and consumer 
behavior.
    Charter, Federated Wireless, and NCTA encourage the Commission to 
seek comment on how it could ensure that prospective users of the band 
can obtain sufficient information to execute network deployments 
without disclosing detailed CBSD registration information to the 
public.
    We propose to amend the current rules to prohibit SASs from 
disclosing publicly CBSD registration information that may compromise 
the security of critical network deployments or be considered 
competitively sensitive. We seek comment on the proposal and ask which 
specific information should be withheld from public disclosure to 
address the concerns raised by Petitioners and Commenters. We ask 
commenters to address the potential competitive, security, or other 
forms of risk presented by the rule, as well as on specific and 
actionable suggestions to mitigate these risks. Nothing we propose here 
will affect SAS-to-SAS information sharing requirements.
    We also note that some commenters claim that potential GAA and PAL 
users will use registration information to plan deployments. As such, 
we seek comment on how to appropriately balance the potential 
competitive and security risks with potential users' need for 
information about CBSD deployment. Is there a mechanism--other than 
full public disclosure of CBSD registration information--for potential 
users to plan future GAA and/or PAL deployments? For example, could 
potential users communicate with an SAS on a confidential basis? We 
also seek comment on whether there is certain information that the SAS 
can publicly provide while balancing data sensitivity and security 
concerns.
5. Competitive Bidding Procedures for PALs
a. Assignment of PALs
    Section 309(j) of the Communications Act (47 U.S.C. 309(j)) 
requires that the Commission assign licenses using competitive bidding 
when ``mutually

[[Page 56198]]

exclusive applications are accepted for any initial license,'' subject 
to certain exemptions not applicable to this band. Because of the 
``generic'' nature of PAL frequency assignments, mutual exclusivity 
exists when multiple applicants apply to bid on more PALs than exist in 
a given census tract. In the First Report and Order, the Commission 
decided that, when there are two or more applicants for PALs in a given 
census tract, it will make available one fewer PAL than the total 
number of PALs for which all applicants have applied in that license 
area, up to a maximum of seven PALs. The Commission also concluded that 
assigning PALs on a non-auctioned basis would not result in the most 
efficient assignment of the spectrum. It therefore decided that, where 
there is only a single applicant for one or more PALs in a license 
area, it would not proceed to an auction or assign any PALs for that 
license area and there would only be shared GAA access to that spectrum 
until the next filing window for competitive bidding. In its Order on 
Reconsideration in GN Docket No. 12-354 (FCC 16-55), the Commission 
granted a limited exception for certain rural areas, finding it in the 
public interest to assign a PAL even if there is only a single 
applicant, given the likelihood of lower demand in rural areas.
    T-Mobile and several commenters ask the Commission to make all PALs 
available, regardless of the number of applications the Commission 
receives in any given license area. GeoLinks argues that, by 
prohibiting the assignment of PALs when there is only one interested 
carrier, the Commission will ``surely create gaps in rural, sparsely 
populated parts of the country that could benefit from an interested 
service provider.'' Further, several commenters, like AT&T and 
Ericsson, argue that the Commission's current policy will eventually 
phase out PAL licenses in a market with each subsequent auction if 
there is no renewal expectancy, rendering the auctions ``essentially a 
game of musical chairs for PAL licensees.'' No commenter opposes T-
Mobile's mutual exclusivity proposal specifically.
    United States Cellular Corporation (USCC) argues that the 
Commission should assign PALs in any given license area by subjecting 
all PALs to a minimum opening bid and the existing spectrum aggregation 
limit of four PALs. If the aggregate demand in a license area does not 
exceed seven PALs, USCC suggests that the applicant(s) would receive 
the number of PALs for which they applied, subject to the payment of 
the minimum opening bid for those PALs, and remaining spectrum would be 
available on a GAA basis.
    Consistent with our proposals to lengthen the PAL license term, 
make them renewable, and increase the PAL geographic license area, we 
also propose to employ our standard practice for finding mutual 
exclusivity among accepted applications. We propose to eliminate the 
rule that limited the number of PALs the Commission would make 
available. We also propose to assign PALs even when there is only one 
applicant in a given license area, assuming the applicant is otherwise 
qualified. We seek comment on these changes, which appear consistent 
with the broad opposition to the current requirements already in the 
record. The other proposed changes to PAL licensing discussed in this 
NPRM--including longer, renewable license terms and a larger geographic 
area--would make PALs more similar to licenses offered in the Incentive 
Auction and other recent spectrum auctions, where there was no need for 
the requirements in Sections 96.29(c) and 96.29(d) of our rules (47 CFR 
96.29(c) and 47 CFR 96.29(d)). We seek comment on this proposal. What 
are the costs and benefits of removing these requirements? Are these 
changes consistent with the statutory objectives of Section 309(j) (47 
U.S.C. 309(j)), including to ``promot[e]economic opportunity and 
competition,'' ``ensur[e] that new and innovative technologies are 
readily accessible,'' ``avoid[ ] excessive concentration of licenses'' 
and ``disseminat[e] licenses among a wide variety of applicants''; 
``recover[ ] for the public of a portion of the value of the of the 
public spectrum''; and promote ``efficient and intensive use of 
electromagnetic spectrum.'' Additionally, as fully described below, we 
also seek comment on whether a PAL for any given license area is 
mutually exclusive to GAA use in that area such that the Commission 
would have the authority to assign PALs by auction in those situations.
    In the First Report and Order, the Commission adopted these two 
limitations on the assignment of PALs because it concluded that 
assigning PALs on a non-auctioned basis would not result in as 
efficient an assignment of the spectrum as licensing the spectrum for 
shared GAA use. The Commission found that ensuring widespread GAA use 
of spectrum in any geographic area for which it had not received 
mutually exclusive PAL applications was the best way to discharge its 
statutory obligation to ``encourage the larger and more effective use 
of radio in the public interest.'' However, the Commission reached 
these conclusions regarding nonrenewable PALs that had substantially 
shorter license terms than we are now proposing to adopt for PALs. 
Under our current proposals, the use case for PALs could vary more 
significantly from GAA use than under our current rules. The Commission 
also noted in the First Report and Order that the determination of 
mutual exclusivity of PAL applications would not be a one-time event 
for this band, because PALs would be licensed for three-year, non-
renewable terms and the Commission would periodically open application 
windows for new PALs, as well as interim filing windows to accept 
applications for unassigned PALs. If we adopt our proposal to increase 
PAL license terms to 10 years, such frequent application or filing 
windows likely would not be necessary. We seek comment on whether the 
circumstances that will pertain if our proposals regarding license 
term, renewability, and geographic area are adopted warrant our 
elimination of the current limits on the number of PALs we make 
available.
    Moreover, the record indicates that PALs will be more useful to a 
wide variety of potential licensees if PALs are renewable, longer term, 
and/or licensed for a larger geographic area. USCC suggests that, if 
the Commission adopts PEA-based license areas and a ten-year license 
period with a renewal expectancy, ``it will be far less likely that the 
aggregate demand in any license area will be less than seven PALs.'' We 
seek comment on whether our proposed changes in the term, renewability, 
and service area of PALs would make them more useful to a wider range 
of potential licensees and, if so, whether that would reduce the 
benefit of limiting the number of PALs available in a given license 
area or not assigning PALs in any area for which there is only one 
applicant.
    We note that, if we adopt the above proposal to make all of the 
PALs in a given license area available for assignment regardless of the 
number of applicants that have applied in that area, it would still be 
possible, albeit less likely, for the number of PALs being offered to 
exceed applicant demand in a given area. Similarly, if we were to 
assign PALs in a license area for which only a single applicant applied 
for a PAL, as some commenters advocate, in those instances we would not 
have accepted mutually exclusive PAL applications, which is the 
prerequisite for assigning PALs by auction. While the Commission has 
the authority in both situations to assign the PALs on a

[[Page 56199]]

non-auctioned basis, we seek comment on whether it would be consistent 
with our statutory objectives to do so on a non-auctioned basis given 
the nature of the changes we propose to adopt for PALs. Such a 
circumstance raises questions of how to accommodate GAA use such that 
the sharing envisioned within this band could occur. To the extent 
necessary and as an alternative, we also seek comment on whether we 
nevertheless have authority to assign PALs by auction in these 
situations because a PAL for any given area is mutually exclusive to 
GAA use in that area. If we were to assign PALs by auction in these 
situations, applicants would be required to submit at least the minimum 
opening bid for each PAL consistent with the Commission's general 
competitive bidding procedures. Would such an approach be consistent 
with our statutory requirements and objectives under Section 309 of Act 
(47 U.S.C. 309(j))? Commenters that support this proposal should 
describe in detail the mechanism by which such a change would work, 
particularly within the sharing regime contemplated in the 3.5 GHz 
Band, and how it would fit within the Commission's statutory 
requirements.
b. Bidding on Specific PAL License Blocks
    Under the current rules, Priority Access licensees do not bid on 
specific spectrum blocks. Rather, SAS Administrators assign frequencies 
based on the amount of spectrum that the PAL licensee is authorized to 
use in a given license area. Licensees may request a particular channel 
or frequency range from the SAS, but are not guaranteed a particular 
assignment. The SAS will ``assign geographically contiguous PALs held 
by the same Priority Access Licensee to the same channels in each 
geographic area'' and ``assign multiple channels held by the same 
Priority Access Licensee to contiguous frequencies within the same 
License Area'' when it is feasible to do so. T-Mobile instead asks the 
Commission to allow applicants to bid on particular channels, rather 
than bidding solely on an amount of spectrum that will later be 
assigned by the SAS.
    A few commenters support T-Mobile's proposal. Ericsson argues that 
this approach would ensure a ``stable and predictable'' spectrum 
environment, while 5G Americas and GSMA argue that it would encourage 
robust use of the band for 5G and would align with what other countries 
have planned for the band.
    Commenters opposing this proposal question how it would work given 
the need to protect incumbent rights. Vivint Wireless calls it 
``unnecessary and a bit confusing,'' arguing that it ``would seem to 
limit the available channels should a PAL licensee need to move to 
avoid interfering with a protected incumbent.'' Google argues that, if 
the Commission permitted parties to manually select frequencies, an 
operator could position itself in the middle of the PAL spectrum, 
preventing other PAL holders from aggregating contiguous blocks. It 
argues that ``the current SAS dynamic assignment framework allows 
protection of federal incumbent and Priority Access operations while 
enabling a seamless experience for end users of [Citizens Broadband 
Radio Service] services.''
    We seek comment on the feasibility and desirability of allowing PAL 
licensees to bid on specific channel assignments. How could the 
Commission accomplish this given the other constraints of the band, 
including the need to protect incumbents? Would having a separate 
voluntary channel assignment phase of the auction--as was done recently 
in the Incentive Auction--work in this context? For example, could we 
first allow applicants to bid on the amount of PAL spectrum they 
desire, then in a separate round, allow PAL bidders to value and bid on 
specific channel assignments? Would this allow PAL bidders to value 
their PAL spectrum more accurately by knowing their primary location 
vis-a-vis federal and other incumbents and adjacent band licensees? 
Would the Commission need to make changes to the assignment phase 
framework used in the Incentive Auction to accommodate interference 
protection of federal incumbents by PALs? And if so, what changes would 
it need to make? Should the Commission adopt rules to ensure that 
bidders are assigned to contiguous frequencies within a geographic 
area, where possible? We also seek comment on what alternative auction 
methodologies might be appropriate to balance the SAS Administrator's 
need to dynamically avoid interference with Priority Access licensees' 
desire for certainty and the ability to aggregate contiguous spectrum. 
Are there other auction designs that could better balance interests in 
this context? We seek comment on the costs and benefits of any proposed 
approaches.

B. Emissions and Interference Limits

    In the First Report and Order, the Commission adopted the following 
emission limits:
     -13 dBm/MHz from 0 to 10 megahertz from the assigned 
channel edge;
     -25 dBm/MHz beyond 10 megahertz from the assigned channel 
edge down to 3530 megahertz and up to 3720 megahertz;
     -40 dBm/MHz below 3530 megahertz and above 3720 megahertz.
    In the Second Report and Order, the Commission denied petitions for 
reconsideration that requested changes to these limits.
    T-Mobile's Petition requests changes to the emission limits that it 
claims are necessary to support channels wider than 10 megahertz 
without power reduction. Specifically, T-Mobile argues that the -13 
dBm/MHz limit should apply from 0-20 megahertz outside the channel 
edge, and the -25 dBm/MHz requirement should be eliminated (or, 
alternatively, apply at least 20 megahertz from the channel edge). 
Outside of the 3550-3700 MHz band, T-Mobile contends that the -40 dBm/
MHz limit should be eliminated (or, alternatively, the transition gap 
should be 40 megahertz instead of 20 megahertz).
    Qualcomm agrees that the emission limits should be relaxed to 
facilitate wider channels without power reduction. Qualcomm argues 
that, for single or aggregated channels that are the channel bandwidth 
(B) megahertz wide (up to 40 megahertz), the -13 dBm/MHz requirement 
should apply from 0 to B megahertz above and below the channel edges, 
and the-25 dBm/MHz requirement should apply at frequencies beyond B 
megahertz. Qualcomm does not request changes to the -40 dBm/MHz 
emission limit outside of the 3550-3700 megahertz band. Several other 
commenters also support relaxation of the emission limits.
    Others, including Motorola Solutions and Vivint Wireless, support 
the current emissions limits. Motorola Solutions argues that no changes 
are necessary because current technologies can be utilized to meet the 
existing limits, and the existing rules allow higher power with wider 
bandwidth which helps counteract the need for power reduction. Vivint 
Wireless asserts that relaxing the emissions limits will increase the 
risk of interference between adjacent channel operations.
    Our current rules were designed to accommodate 10 megahertz and 20 
megahertz channels. We propose to relax the emissions mask in a manner 
that will be scalable to accommodate wider bandwidth channels. 
Petitioners and commenters agree on the value of the first step of 
attenuation at -13

[[Page 56200]]

dBm/MHz--starting at the channel edge--and many of them agree on the 
value of the lowest attenuation in the band at -25 dBm/MHz. We believe 
that relaxation of the current emission limits, while enabling 
efficient frequency and power assignments, would promote innovation and 
investment in the band and allow operators to make use of wider 
channels without reducing their transmit power. However, we are not 
persuaded by T-Mobile's proposals to eliminate the -25 dBm/MHz limit or 
to eliminate the -40 dBm/MHz limit below 3530 megahertz and above 3720 
megahertz. We also are not persuaded by T-Mobile's proposal to increase 
the transition bandwidth to 40 megahertz outside of the band, because 
of the impact these changes would have on protecting adjacent 
operations. Rather, we seek comment on two alternative proposals. 
First, we seek comment on Qualcomm's proposal to: (1) Extend the -13 
dBm/MHz limit from 0 to 100% of B; (2) apply the -25 dBm/MHz limit 
beyond 100% of B; and (3) not change the -40 dBm/MHz limit specified in 
Section 96.41(e)(2). Second, we seek comment on a more graduated 
reduction of the emission limits in Qualcomm's proposal, with the 
addition of an attenuation step between the channel edge and a full 
channel bandwidth from the channel edge, as follows:
     -13 dBm/MHz from 0 to B/2 (i.e., 50% of B) megahertz from 
the assigned channel edge;
     -20 dBm/MHz from B/2 to B (i.e., 100% of B) megahertz from 
the assigned channel edge;
     -25 dBm/MHz beyond B megahertz from the assigned channel 
edge, down to 3530 megahertz and up to 3720 megahertz;
     -40 dBm/MHz below 3530 megahertz and above 3720 megahertz.
    We seek comment on these two proposals and on the tradeoffs in the 
number and levels of the attenuation steps. A more relaxed mask gives 
more margin to accommodate bandwidths wider than 10 megahertz, although 
this could raise the potential for increased interference to users 
operating on adjacent channels. We seek quantitative analysis of these 
tradeoffs and we seek comment on whether alternative attenuation steps 
could balance these tradeoffs more effectively. What is the balance 
between vendor cost, radio performance, and spectrum efficiency? For 
example, are there tradeoffs in the design complexity of out-of-band 
signal reduction techniques, balanced with flexible and efficient 
spectrum sharing? Will either or both of the proposed masks facilitate 
the use of wider channels in the band without requiring power 
reduction?
    In the second proposal above, we seek comment on an attenuation 
step of -20 dBm/MHz between -13 dBm/MHz and -25 dBm/MHz, between one-
half channel (50% of B) and one channel bandwidth (100% of B) from the 
channel edge. This additional attenuation step may enable more 
efficient SAS-based frequency and power assignments while facilitating 
wider channel bandwidths. Without this step, frequency separation 
between PAL channels (and other GAA/PAL channels) may be larger under 
some operational use cases. We seek comment on the capabilities of 
current and future CBSDs and end user devices to meet these masks, and 
the attenuation steps used in other bands for other wireless services. 
We also seek quantitative analysis of TDD interference scenarios to 
assess the tradeoff and balance between the emission mask and the 
statistical likelihood of interference between licensees.
    We note that studies have shown that device output power and out-
of-band emissions are likely to be lower than regulatory limits or 
industry standards. For instance, an Ofcom study describes a case where 
the actual out-of-band emissions is lower than the minimum requirements 
specified in 3GPP by ~8 dB in the first adjacent channel. The study 
also shows the non-linear effect of out-of-band emissions at maximum 
power, and higher reduction in out-of-band emissions for every dB of 
reduction in fundamental transmit power. Ofcom notes that the increased 
emission leakage that accompanies increasing fundamental power is due 
to the non-linear behavior of the power amplifier when it is driven 
into saturation. What are the likely effects of this behavior in 
devices that will be deployed in the 3.5 GHz Band? We seek comment and 
quantitative evidence that actual out-of-channel emissions in the 3.5 
GHz Band will be substantially lower than worst case values. Are the 
margins found in the Ofcom study typical and representative of the 
margins that can be expected in 3.5 GHz?
    We also seek comment on the tradeoffs inherent in any change to the 
emission mask(s) in the band. Specifically, what are the tradeoffs 
between the margins of actual emissions, and the spectral efficiency of 
frequency assignments in the 3.5 GHz Band? Will either or both of the 
proposed masks meet the more restrictive 3GPP Adjacent Channel Leakage 
Ratio (ACLR) emissions limit (i.e., 30 dBc for user devices and 45 dBc 
for base stations)? Finally, given the existing OOBE limits that apply 
above 3720 MHz and below 3530 MHz--which we do not propose to change--
we seek comment on whether either of these proposals would facilitate 
the use of wider bandwidth channels at or near the band edges.

III. Procedural Matters

Initial Regulatory Flexibility Act Analysis

    As required by the Regulatory Flexibility Act of 1980 (RFA) (5 
U.S.C. 603), the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) for this NPRM, of the possible significant 
economic impact on small entities of the policies and rules addressed 
in this document. Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
on or before the dates on the first page of this NPRM. The Commission's 
Consumer and Governmental Affairs Bureau, Reference Information Center, 
will send a copy of the NPRM, including the IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration.

Initial Paperwork Reduction Act Analysis

    The NPRM contains proposed modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget OMB to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. 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 concerns with fewer than 25 employees.

List of Subjects in 47 CFR Part 96

    Telecommunications, Radio.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 96 as follows:

[[Page 56201]]

PART 96--CITIZENS BROADBAND RADIO SERVICE

0
1. The authority citation for part 96 continues to read as follows:

    Authority:  47 U.S.C. 154(i), 303, and 307.

0
2. Section 96.25 is amended by revising paragraphs (a) and (b)(3) to 
read as follows:


Sec.  96.25  Priority access licenses.

    (a) An applicant must file an application for an initial 
authorization for all PALs desired. Initial authorizations shall be 
granted in accordance with Section 96.29. Priority Access Licensees 
must operate CBSDs consistent with the technical rules and interference 
protection requirements set for in this part.
    (b) * * *
    (3) License term. Each PAL has a ten-year license term. Licensees 
must file a renewal application in accordance with the provisions of 
Section 1.949.
* * * * *


Sec.  96.27   [Removed and Reserved]

0
3. Remove and reserve Sec.  96.27.
0
4. Section 96.29 is revised to read as follows:


Sec.  96.29  Competitive bidding procedures.

    Mutually exclusive initial applications for Priority Access 
Licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.
0
5. Section 96.32 is amended by revising paragraph (b) to read as 
follows:


Sec.  96.32  Priority access assignments of authorization, transfer of 
control, and leasing arrangements.

* * * * *
    (b) Priority Access Licensees may partition or disaggregate their 
licenses and partially assign or transfer their licenses and may enter 
into de facto leasing arrangements for a portion of their licenses.
* * * * *
0
6. Section 96.41 is amended by revising paragraph (e)(2) to read as 
follows:


Sec.  96.41  General radio requirements.

    (e) * * *
    (2) Additional protection levels. Notwithstanding paragraph (e)(1) 
of this section, the conducted power of any emissions below 3530 MHz or 
above 3720 MHz shall not exceed -40dBm/MHz.
* * * * *


Sec.  96.55   [Amended].

0
7. Section 96.55 is amended by removing and reserving paragraph (a)(3).

[FR Doc. 2017-25672 Filed 11-27-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                                        Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules                                           56193

                                                       On October 25, 2017, the Corps issued                determinations under the Coastal Zone                    • Filings can be sent by hand or
                                                    a report recommending changes to nine                   Management Act.                                       messenger delivery, by commercial
                                                    nationwide permits to reduce burdens                      Dated: November 17, 2017.                           overnight courier, or by first-class or
                                                    on domestic energy producers. The                       Thomas P. Smith,
                                                                                                                                                                  overnight U.S. Postal Service mail. All
                                                    report is available at: http://                                                                               filings must be addressed to the
                                                                                                            Chief, Operations and Regulatory Division,
                                                    www.usace.army.mil/Portals/2/docs/                      Directorate of Civil Works.
                                                                                                                                                                  Commission’s Secretary, Office of the
                                                    civilworks/nwp/NWP_13783_                                                                                     Secretary, Federal Communications
                                                                                                            [FR Doc. 2017–25554 Filed 11–27–17; 8:45 am]
                                                    25sept2017_castle.pdf?ver=2017-10-25-                                                                         Commission.
                                                    092532-813.                                             BILLING CODE 3720–58–P
                                                                                                                                                                     • All hand-delivered or messenger-
                                                       The Corps issues nationwide permits                                                                        delivered paper filings for the
                                                    to authorize certain categories of                                                                            Commission’s Secretary must be
                                                    activities that require Department of the               FEDERAL COMMUNICATIONS                                delivered to FCC Headquarters at 445
                                                    Army permits under section 404 of the                   COMMISSION                                            12th St. SW., Room TW–A325,
                                                    Clean Water Act and/or section 10 of the                                                                      Washington, DC 20554. The filing hours
                                                                                                            47 CFR Part 96
                                                    Rivers and Harbors Act of 1899.                                                                               are 8:00 a.m. to 7:00 p.m. All hand
                                                    Nationwide permits are general permits                  [GN Docket No. 17–258; FCC 17–134]                    deliveries must be held together with
                                                    that authorize activities across the                                                                          rubber bands or fasteners. Any
                                                    country that result in no more than                     Promoting Investment in the 3500–                     envelopes and boxes must be disposed
                                                    minimal individual and cumulative                       3700 MHz Band                                         of before entering the building.
                                                    adverse environmental effects.                          AGENCY:  Federal Communications                          • Commercial overnight mail (other
                                                    Nationwide permits can be issued for a                  Commission.                                           than U.S. Postal Service Express Mail
                                                    period of 5 years, and the current                                                                            and Priority Mail) must be sent to 9050
                                                                                                            ACTION: Proposed rule.
                                                    nationwide permits were issued on                                                                             Junction Drive, Annapolis Junction, MD
                                                    December 21, 2016. Those nationwide                     SUMMARY:    In this document, the Federal             20701.
                                                    permits were published in the Federal                   Communications Commission                                • U.S. Postal Service first-class,
                                                    Register on January 6, 2017 (82 FR                      (Commission) proposes and seeks                       Express, and Priority mail must be
                                                    1860) and went into effect on March 19,                 comment on reforms of its licensing                   addressed to 445 12th Street SW.,
                                                    2017. Those nationwide permits expire                   rules governing Priority Access Licenses              Washington, DC 20554.
                                                    on March 18, 2022. There are 52                         (PALs) in the 3550–3700 MHz band (3.5                    People with Disabilities: To request
                                                    nationwide permits, and the report                      GHz Band). Specifically, the                          materials in accessible formats for
                                                    identifies 12 nationwide permits that                   Commission proposes extending PAL                     people with disabilities (Braille, large
                                                    authorize activities associated with                    license terms from three years to 10                  print, electronic files, audio format),
                                                    domestic energy production and use.                     years, with the possibility for renewal;              send an email to fcc504@fcc.gov or call
                                                    The report suggests modifications to                    seeks comment on increasing the PAL                   the Consumer & Governmental Affairs
                                                    nine of those nationwide permits to                     geographic licensing area; proposes to                Bureau at 202–418–0530 (voice), 202–
                                                    reduce burdens on domestic energy                       allow portioning and disaggregation of                418–0432 (TTY).
                                                    producers.                                              PALs on the secondary market; and                     FOR FURTHER INFORMATION CONTACT:
                                                       The nine nationwide permits (NWPs)                   proposes to amend the rules governing                 Jessica Greffenius, Jessica.Greffenius@
                                                    recommended for changes include:                        assignment of PALs. The Commission                    fcc.gov, of the Wireless
                                                    NWP 3, Maintenance; NWP 12, Utility                     also proposes to remove a rule requiring              Telecommunications Bureau, Mobility
                                                    Line Activities; NWP 17, Hydropower                     public disclosure of device registration              Division, (202) 418–2896.
                                                    Projects; NWP 21, Surface Coal Mining                   information, and seeks comment on                     SUPPLEMENTARY INFORMATION: This is a
                                                    Activities; NWP 39, Commercial and                      changes to the technical rules to allow               summary of the Commission’s Notice of
                                                    Institutional Developments; NWP 49,                     operation over wider bandwidths.                      Proposed Rulemaking (NPRM) in GN
                                                    Coal Remining Activities; NWP 50,                       DATES: Interested parties may file                    Docket No. 17–258, FCC 17–134,
                                                    Underground Coal Mining Activities;                     comments on or before December 28,                    released on October 24, 2017. The
                                                    NWP 51, Land-Based Renewable Energy                     2017, and reply comments on or before                 complete text of the NPRM is available
                                                    Generation Projects; and NWP 52,                        January 29, 2018.                                     for viewing via the Commission’s ECFS
                                                    Water-Based Renewable Energy                            ADDRESSES: You may submit comments,                   Web site by entering the docket number,
                                                    Generation Pilot Projects.                              identified by GN Docket No. 17–258, by                GN Docket No. 17–258. The complete
                                                       The Corps will coordinate with the                   any of the following methods:                         text of the NPRM is also available for
                                                    administration to determine if the                         • Electronic Filers: Comments may be               public inspection and copying from 8:00
                                                    recommended changes in the report will                  filed electronically using the Internet by            a.m. to 4:30 p.m. Eastern Time (ET)
                                                    be pursued. Any modifications to the                    accessing the Commission’s Electronic                 Monday through Thursday or from 8:00
                                                    nine nationwide permits identified in                   Comment Filing System (ECFS): http://                 a.m. to 11:30 a.m. ET on Fridays in the
                                                    the report would require rulemaking to                  fjallfoss.fcc.gov/ecfs2/. See Electronic              FCC Reference Information Center, 445
                                                    change those nationwide permits. That                   Filing of Documents in Rulemaking                     12th Street SW., Room CY–B402,
                                                    rulemaking process requires publishing                  Proceedings, 63 FR 24121 (1998).                      Washington, DC 20554, telephone 202–
                                                    a proposed rule in the Federal Register                    • Paper Filers: Parties who choose to              488–5300, fax 202–488–5563.
                                                    to solicit comments on the proposed                     file by paper must file an original and                  Alternative formats are available for
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    changes to the nationwide permits,                      one copy of each filing. Generally, if                people with disabilities (Braille, large
                                                    evaluating the comments received, and                   more than one docket or rulemaking                    print, electronic files, audio format), by
                                                    issuing a final rule to modify those                    number appears in the caption of this                 sending an email to FCC504@fcc.gov or
                                                    nationwide permits. Modification of                     proceeding, filers must submit two                    calling the Consumer and Government
                                                    those nationwide permits will also                      additional copies for each additional                 Affairs Bureau at (202) 418–0530
                                                    require, as applicable, water quality                   docket or rulemaking number.                          (voice), (202) 418–0432 (TTY).
                                                    certifications under section 401 of the                 Commenters are only required to file                     The proceeding this NPRM initiates
                                                    Clean Water Act and consistency                         copies in GN Docket No. 13–111.                       shall be treated as a ‘‘permit-but-


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                                                    56194               Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules

                                                    disclose’’ proceeding in accordance                     areas, and auction methodology. These                 II. NPRM
                                                    with the Commission’s ex parte rules                    changes are consistent with the service
                                                                                                                                                                  A. PAL Licensing Rules
                                                    (47 CFR 1.1200 et seq.). Persons making                 rules and license assignment models
                                                    ex parte presentations must file a copy                 that helped foster the development of                 1. License Term and Renewability
                                                    of any written presentation or a                        4G and LTE services in the United                        The rules adopted in the First Report
                                                    memorandum summarizing any oral                         States. We anticipate that adopting                   and Order established a three-year
                                                    presentation within two business days                   similar rules for the 3.5 GHz Band                    license term for PALs. Under the current
                                                    after the presentation (unless a different              similarly will encourage robust                       rules, at the end of its term, a PAL will
                                                    deadline applicable to the Sunshine                     investment in network deployment. We                  terminate automatically and may not be
                                                    period applies). Persons making oral ex                 also seek comment on changes to the                   renewed. During the first application
                                                    parte presentations are reminded that                   technical rules that could facilitate                 window, however, an applicant may
                                                    memoranda summarizing the                               operations over wider bandwidths while                apply for up to two consecutive three-
                                                    presentation must (1) list all persons                  ensuring that current and future                      year terms for a given PAL. During
                                                    attending or otherwise participating in                 incumbent operations continue to be                   subsequent regular application
                                                    the meeting at which the ex parte                       protected from interference. In addition,             windows, only the next three-year
                                                    presentation was made, and (2)                          we seek changes to the information                    license term will be made available for
                                                    summarize all data presented and                        security requirements that would help                 any given PAL.
                                                    arguments made during the                               safeguard private information and                        Petitioners ask the Commission to
                                                    presentation. If the presentation                       protect critical infrastructure.                      increase the PAL license term to ten
                                                    consisted in whole or in part of the                                                                          years, and to include an expectation of
                                                                                                               In 2015, the Commission adopted
                                                    presentation of data or arguments                                                                             renewal. Petitioners and some
                                                                                                            rules for commercial use of 150
                                                    already reflected in the presenter’s                                                                          commenters argue that a longer,
                                                                                                            megahertz in the 3.5 GHz Band.
                                                    written comments, memoranda or other                                                                          renewable license term will better
                                                                                                            Specifically, the First Report and Order
                                                    filings in the proceeding, the presenter                                                                      encourage investment in the 3.5 GHz
                                                                                                            in GN Docket No. 12–354, adopted April
                                                    may provide citations to such data or                                                                         Band, stressing that a three-year term
                                                                                                            15, 2015 and released April 21, 2015
                                                    arguments in his or her prior comments,                                                                       with automatic termination creates a
                                                    memoranda, or other filings (specifying                 (FCC 15–47), created a three-tiered
                                                                                                            framework to coordinate shared federal                risk that Priority Access licensees will
                                                    the relevant page and/or paragraph                                                                            face stranded investment in just three
                                                    numbers where such data or arguments                    and non-federal use of the band.
                                                                                                            Incumbents comprise the highest tier                  (or, initially, six) years. Petitioners and
                                                    can be found) in lieu of summarizing                                                                          some commenters also disagree with the
                                                    them in the memorandum. Documents                       and receive protection from all other
                                                                                                            users, followed by PAL, the second tier,              assumption underlying the current
                                                    shown or given to Commission staff                                                                            rule—that a user’s ability to switch
                                                    during ex parte meetings are deemed to                  and General Authorized Access (GAA),
                                                                                                            the third tier. PALs receive protection               between Priority Access and GAA use
                                                    be written ex parte presentations and                                                                         will provide sufficient incentives for
                                                    must be filed consistent with rule                      from GAA operations; GAA is licensed-
                                                                                                            by-rule and must accept interference                  investment. T-Mobile argues that the
                                                    1.1206(b). In proceedings governed by                                                                         current rule does not account for
                                                    rule 1.49(f) or for which the                           from all other users. Automated
                                                                                                            frequency coordinators, known as                      challenges ‘‘that providers have
                                                    Commission has made available a                                                                               reported experiencing in the real world
                                                    method of electronic filing, written ex                 Spectrum Access Systems (SASs), will
                                                                                                            coordinate operations between and                     today’’ that can delay network
                                                    parte presentations and memoranda                                                                             deployment. For example, CTIA cites
                                                    summarizing oral ex parte                               among users in different access tiers.
                                                                                                            The service and technical rules                       difficulties in obtaining siting
                                                    presentations, and all attachments                                                                            approvals, which they argue are
                                                    thereto, must be filed through the                      governing the 3.5 GHz Band were
                                                                                                            adopted as the new Part 96 of the                     magnified in this band, given the
                                                    electronic comment filing system                                                                              complexity of rolling out a high number
                                                    available for that proceeding, and must                 Commission’s rules.
                                                                                                                                                                  of small cell deployments.
                                                    be filed in their native format (e.g., .doc,               In June 2017, both CTIA and T-Mobile                  CTIA and several commenters also
                                                    .xml, .ppt, searchable .pdf). Participants              (together, Petitioners) filed petitions for           note that a ten-year, renewable licensing
                                                    in this proceeding should familiarize                   rulemaking, which ask the Commission                  scheme is consistent with the
                                                    themselves with the Commission’s ex                     to reexamine several of the PAL                       Commission’s ‘‘proven approach’’ in
                                                    parte rules. We find that all ex parte                  licensing rules. CTIA proposes several                most other licensed mobile bands,
                                                    presentations made by NTIA or                           changes to the PAL licensing rules; T-                including the bands at issue in the
                                                    Department of Defense representatives                   Mobile supports CTIA’s proposals and                  Spectrum Frontiers proceeding which,
                                                    are exempt under our exemption for                      makes additional proposals, including                 like the 3.5 GHz Band, ‘‘will see
                                                    presentations by federal agencies                       proposed changes to the amount of                     network deployments comprised mostly
                                                    sharing jurisdiction with the                           spectrum available for PALs and to the                of small cells.’’ Others argue that ten-
                                                    Commission (see 47 CFR 1.1204(a)(5)).                   technical rules governing the 3.5 GHz                 year terms would harmonize the U.S.
                                                                                                            Band. Petitioners argue that these                    approach with the global approach to
                                                    Synopsis                                                changes are necessary to promote 5G                   actively encourage 5G network
                                                    I. Introduction and Background                          network deployment in the Citizens                    deployment in the mid-band spectrum.
                                                       In this Notice of Proposed                           Broadband Radio Service.                                 Other commenters, however, support
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    Rulemaking in GN Docket No. 17–258                         The Wireless Telecommunications                    the existing rules. They argue that that
                                                    (NPRM), the Commission seeks                            Bureau and Office of Engineering and                  a longer, renewable license—combined
                                                    comment on several proposed changes                     Technology sought comment on the                      with other potential rule changes sought
                                                    to the rules governing Priority Access                  Petitions—and on related issues raised                by the Petitioners—would make PALs
                                                    Licenses (PALs) that will be issued in                  in ex parte communications—on June                    economically viable investments only
                                                    3550–3700 MHz band (3.5 GHz Band)—                      22, 2017 (DA 17–609), and received                    for large entities, and would convert the
                                                    including longer license terms,                         comments and reply comments from                      3.5 GHz Band from an innovative
                                                    renewability, larger geographic license                 more than 120 parties.                                framework into a traditionally licensed


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                                                                        Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules                                          56195

                                                    band. These commenters also argue that                  hybrid approaches for particular subsets              warranted? Would such a requirement
                                                    the investments already made in the                     of PALs (e.g., three years for some PALs,             be appropriate in this band? If so, how
                                                    band based on the current rules belie                   five years for some, and ten for yet                  should it be applied and what level of
                                                    concerns about barriers to investment                   others). Many of these other approaches               service should be used as a renewal
                                                    and that any changes to the band should                 are already in the record. For example,               standard?
                                                    permit a diversity of deployment                        Charter proposes a six-year renewable                    Some commenters have argued that,
                                                    models and use cases and not be solely                  term, Motorola Solutions proposes a                   instead of renewability, the licenses
                                                    designed for the benefit of one (i.e., 5G).             five-year term with only a single                     should be reauctioned at the end of the
                                                       We propose to revise our rules by                    renewal allowed, and Southern Linc                    license term. For example, Paul
                                                    increasing the PAL license term from                    and WISPA suggest that a subset of                    Milgrom describes an auction format
                                                    three years to ten years and by                         PALs could have a five-year term, with                under which an incumbent would be
                                                    eliminating the requirement that PALs                   PALs seeking renewal paying a fee.                    required to bid for a renewal of its
                                                    automatically terminate at the end of the               What other alternative licensing terms                license at the end of the license term,
                                                    license term. We also seek comment on                   and conditions might be appropriate for               but it would be given a bidding credit
                                                    this change and on the appropriate                      this band? What impact would these                    so that, if it won, it would have to pay
                                                    performance requirements and renewal                    alternatives have on investment,                      only a fraction of the auction-
                                                    standards for PALs. This approach is                    deployment, and on smaller or rural                   determined price. Moreover, if the
                                                    consistent with that adopted for other                  entities seeking PALs? Commenters that                incumbent loses, it would be
                                                    wireless services and will afford each                  submit alternative proposals should                   compensated with a transferable
                                                    licensee sufficient time to design and                  include a cost-benefit analysis to                    bidding credit to apply to the purchase
                                                    acquire the necessary equipment and                     support their approach.                               of other outcomes. Milgrom argues that
                                                    devices and to deploy facilities across                    If the license term is increased to ten            this would mitigate the risk that the
                                                    the license area. We invite detailed                    years with the possibility of renewal,                incumbent licensee’s investments may
                                                    comments on this proposal from all                      PALs would more closely resemble                      become stranded. We seek comment on
                                                    stakeholders.                                           other licenses issued by the Commission               this approach and its assumptions, as
                                                       We seek comment on whether the                       under its auction authority. Such                     well as on other approaches that might
                                                    proposed rule changes will affect                       licenses include performance                          offer an alternative to renewability and
                                                    investment already made, as well as                     requirements—typically construction                   still encourage robust investment in the
                                                    how they will incentivize future                        requirements—and many services also                   band. Could this approach promote
                                                    investment, in this band. What specific                 include renewal standards. Some                       competition and efficient use of
                                                    impact will a longer, renewable license                 commenters argue that, if PALs are                    spectrum?
                                                    have on investments and business plans                  licensed for a ten-year, renewable term,
                                                    already underway? How will the                                                                                2. Geographic License Area
                                                                                                            the Commission should impose
                                                    proposal affect investment in the future,               construction requirements on Priority                    The First Report and Order defined
                                                    particularly given the longer term of ten               Access licensees, as it has for other                 the geographic license area for each PAL
                                                    years and the possibility of renewal? To                licensed wireless services. We seek                   as one census tract. Petitioners request
                                                    what extent would a longer license term                 comment on whether, if we adopt longer                that the Commission increase the
                                                    with the possibility of renewal facilitate              term, renewable PALs, it would serve                  geographic licensing area from census
                                                    the deployment of a wide array of                       the public interest to adopt certain                  tracts to Partial Economic Area (PEAs).
                                                    technologies?                                           performance requirements to ensure that               T-Mobile argues that doing so would
                                                       We also seek comment on how a                        the spectrum is put to its best use in an             ‘‘be consistent with the geographic
                                                    longer, renewable license term for PALs                 efficient and effective manner. If so,                licensing area that the Commission has
                                                    could affect deployments in rural areas.                what types of performance requirements                already identified as best for 5G
                                                    Does the proposed rule change                           would be appropriate? Which                           operations’’ in the Spectrum Frontiers
                                                    effectively promote the development                     performance metrics (e.g., population                 proceeding. Petitioners and some
                                                    and rapid deployment of new                             coverage, geographic coverage) and                    commenters contend that licensing
                                                    technologies, products, and services to                 benchmarks would be appropriate? Does                 PALs on a census tract-basis—which
                                                    benefit the public, including those                     the opportunistic GAA use of the                      could result in over 500,000 PALs—will
                                                    residing in rural areas? Given concerns                 band—including unused PAL                             be challenging for SAS Administrators,
                                                    raised by the Wireless Internet Service                 channels—alleviate concerns involving                 the Commission, and licensees to
                                                    Providers Association (WISPA) and                       spectrum warehousing or otherwise                     manage, and will create unnecessary
                                                    other commenters about access to                        satisfy the Commission’s statutory                    interference risks due to the large
                                                    spectrum in rural areas, does the                       obligations? If so, how can we take that              number of border areas that will need to
                                                    proposed rule change appropriately                      into account in determining                           be managed and maintained. Petitioners
                                                    balance the objectives in Section 309(j)                performance requirements for longer                   and some commenters contend that
                                                    (47 U.S.C. 309(j))? Do these arguments                  term, renewable PALs?                                 these challenges ultimately will make
                                                    present a persuasive case for                              In addition, to obtain renewal, a                  PALs unattractive to licensees and
                                                    maintaining the current three-year                      licensee generally must show that it has              reduce investment. They argue that
                                                    license term for PALs in rural areas?                   continued to provide at least the                     PEAs are small enough to allow for
                                                    Further, does extending the license term                initially-required level of service                   flexible and targeted networks, but large
                                                    to ten years lead to barriers to exit for               necessary to satisfy its performance                  enough to reduce border areas and
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    companies that could impede                             requirement, and that it has                          decrease administrative burdens. Some
                                                    innovation and investment or is the                     substantially complied with the                       commenters also contend that a larger
                                                    ability to return a license to the                      Communications Act and Commission                     license area (along with a longer,
                                                    Commission sufficient to allay such                     rules. If we adopt the proposed changes               renewable license term) will promote
                                                    concerns?                                               to PALs, what standard, if any, would                 global harmonization of the 3.5 GHz
                                                       Additionally, we seek comment on                     be appropriate for the Commission to                  Band for 5G development.
                                                    alternative approaches to the length of                 apply at the end of the PAL license term                 Many commenters oppose expanding
                                                    the license term, including different,                  to determine whether renewal is                       the geographic license area of PALs


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                                                    56196               Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules

                                                    from census tracts to PEAs or other                     partition licenses to customize service               affect auction complexity. How might
                                                    larger areas. These commenters argue                    areas effectively address the concerns                such changes affect bidding strategies?
                                                    that PEAs—especially in combination                     raised by commenters and promote                      How would a combination of license
                                                    with other potential changes to the PAL                 robust deployment in the band?                        areas affect the auction mechanism and
                                                    licensing rules—could foreclose smaller                 Commenters should include cost-benefit                bidding strategies? Are there insights
                                                    entities from participating in the PAL                  analyses when comparing licensing                     from bidders’ experience during recent
                                                    auction. Some commenters similarly                      PALs on a PEA-basis versus a census                   auctions that may be relevant in this
                                                    contend that enlarging the geographic                   tract-basis, as well as for options in                context?
                                                    area and extending the license term will                between these choices (e.g., licensing on                In light of the proposed change to
                                                    effectively grant permanent spectrum                    a county-basis). Would PEAs effectively               modify the geographic license area, as
                                                    rights to large carriers, and upend                     balance the objectives set forth in                   well as any other changes considered in
                                                    planned business models for targeted,                   Section 309(j) of the Act (47 U.S.C.                  this NPRM, should the Commission
                                                    local, and rural uses. Some of these                    309(j)), including encouraging ‘‘efficient            modify the current 40 megahertz
                                                    commenters—including, Google and                        and intensive’’ use of the 3.5 GHz                    spectrum aggregation limit? Should we
                                                    Sony, which have applied to be SAS                      spectrum and prescribing license area                 remove it altogether? What are the costs
                                                    Administrators—argue that managing                      designations that promote ‘‘an equitable              and benefits of higher or lower limits?
                                                    licenses in over 70,000 geographic areas                distribution of licenses and services                 How would changes affect competition
                                                    would not pose an undue burden ‘‘given                  among geographic areas’’ and                          and new entrants?
                                                    the meaningful advances in database                     ‘‘economic opportunity for a wide                     3. Secondary Markets
                                                    management, cloud computing, and                        variety of applications’’? What impact
                                                    other technologies and engineering                      would licensing PALs using PEAs have                     In the Second Report and Order in GN
                                                    systems in recent years.’’                              on smaller entities, rural deployments,               Docket No. 12–354 (FCC 16–55), the
                                                       NCTA and Charter suggest that                        and existing investments? Would PEA-                  Commission prohibited Priority Access
                                                    county-sized license areas could strike a               based licensing facilitate compatible,                licensees from partitioning or
                                                    balance between preserving low barriers                 authorized users and uses occupying the               disaggregating their licenses because the
                                                    to entry and minimizing administrative                  same spectrum?                                        Commission found typical reasons for
                                                    burdens. Some commenters propose                           We also seek comment on alternatives               permitting partitioning and
                                                    using a hybrid approach to offer more                   or hybrid approaches, including those                 disaggregation in more traditionally
                                                    than one PAL license size (e.g., offering               already in the record. Would counties,                licensed bands were not present in the
                                                    some licenses by PEAs and others by                     or a combination of PAL license areas                 3.5 GHz Band. The Commission also
                                                    county or census tracts). GeoLinks                      (e.g., a hybrid combination of PEAs in                determined that a light-touch leasing
                                                    similarly asks us to consider whether                   urban areas and census tracts in rural                process could achieve the goal of
                                                    rural areas would benefit more from                     areas, offering PALs of different sizes,              making PAL spectrum use rights
                                                    using census tracts or counties to ensure               such as PEAs and census tracts, or some               available in secondary markets—on a
                                                    more timely broadband access to rural                   other combination) ensure a diversity of              targeted, flexible basis—without the
                                                    communities, while more urban areas                     auction participants, differing                       need for the Commission oversight
                                                    could benefit from using PEAs.                          technologies, and rural deployments?                  required of partitioning and
                                                       We seek comment on increasing the                    Since we are offering seven PALs,                     disaggregation.
                                                    geographic licensing area of PALs to                    commenters in favor of offering different                In its Petition, T-Mobile asks the
                                                    stimulate additional investment,                        license sizes in rural and urban areas                Commission to consider allowing
                                                    promote innovation, and encourage                       should discuss what would be the                      partitioning and disaggregation of PALs,
                                                    efficient use of spectrum resources. We                 appropriate balance between larger                    if it permits licensing on a PEA basis.
                                                    seek comment on this proposal and on                    geographic areas and census tracts. Are               Several commenters agree that allowing
                                                    the potential effects of this change on                 there other possibilities that could                  partitioning and disaggregation will
                                                    investment in and use of the 3.5 GHz                    promote such objectives? Should the                   help ensure that PAL spectrum rights
                                                    Band. We also seek comment on                           Commission reconsider package bidding                 flow to their best use and support a
                                                    whether a larger license area would                     of census tracts or other geographic                  wide variety of deployments. These
                                                    provide additional flexibility to                       areas for a limited number of PALs?                   commenters also argue that partitioning
                                                    facilitate the deployment of a wide                     Would this approach promote our                       and disaggregation will encourage
                                                    variety of technologies, including 5G.                  objectives? Would package bidding,                    service to targeted areas, mitigating
                                                       We seek comment on Petitioners’                      bidding credits for certain bidders or                concerns that licensing larger area PALs
                                                    specific request to increase the license                areas, or other auction design                        might result in in inefficient spectrum
                                                    size of PALs to PEAs, and how this                      mechanisms be appropriate for us to                   use.
                                                    would affect investment in PALs—both                    consider if we were to increase the                      Several commenters oppose the
                                                    investments currently underway and                      license area? Specifically, we seek                   concept of secondary market
                                                    future PAL investment—and diversity of                  comment on whether we should adopt                    transactions as a replacement for
                                                    PAL uses and users. Would PEAs strike                   the bidding credits we used in the 600                smaller geographic areas and shorter
                                                    an appropriate balance between                          MHz Band (Incentive Auction).                         term PALs to encourage efficient use of
                                                    facilitating access to spectrum by both                 Commenters should include a cost-                     spectrum by a variety of users. They
                                                    large and small providers while                         benefit analysis of their proposed                    argue that there is no guarantee that the
                                                    incentivizing investment in, and rapid                  alternatives or hybrid approaches and                 licensee will lease or sell idle spectrum
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    deployment of, new technologies? We                     discuss how their proposed approach                   in the secondary market. Other
                                                    also note that, like census tracts,                     appropriately balances the objectives set             commenters, however, suggest that, if
                                                    counties nest into PEAs, which in turn                  forth in Section 309(j) of the Act (47                the Commission were to make changes
                                                    nest into EAs. This nesting would make                  U.S.C. 309(j)).                                       to the PAL license term, renewability,
                                                    it easier for operators to combine or                      In addition, we seek comment                       and geographic area, then the ability of
                                                    partition their PEAs into the license area              generally on how changes to the license               a PAL licensee to partition or
                                                    of their choice. Would the larger size of               area (on their own, and in combination                disaggregate its license on the secondary
                                                    PEAs and the ability to combine and                     with changes to the license term) could               market could be a useful tool to ensure


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                                                                        Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules                                          56197

                                                    robust and targeted use of the spectrum                 Broadband Radio Service Device (CBSD)                 stated that the agreement ‘‘provides the
                                                    throughout the license area.                            registration information available to the             necessary protections for SAS
                                                       We propose to allow partitioning and                 general public. When doing so,                        customers’ proprietary and
                                                    disaggregation of PALs in secondary                     however, SAS Administrators must                      competitively sensitive information, as
                                                    market transactions. Allowing                           ‘‘obfuscate the identities of the                     well as end users’ private information.’’
                                                    partitioning and disaggregation would                   licensees.’’ In doing so, the Commission              In response, AT&T argues that the
                                                    be consistent with other changes                        acknowledged ‘‘the concerns raised by                 model sharing agreement that Google
                                                    considered in this NPRM, and is                         commenters about disclosure of                        references addresses SAS-to-SAS
                                                    consistent with the licensing paradigm                  confidential business information to the              information sharing, not public
                                                    for other similarly licensed services. We               public.’’                                             availability of information, and that
                                                    also anticipate that the ability to                        Both CTIA and T-Mobile, supported                  Google incorrectly assumes that
                                                    partition and disaggregate a PAL will be                by several commenters, ask the                        licensees plan network deployment
                                                    an effective way to improve spectral                    Commission to eliminate the rule                      based on activities of others rather than
                                                    efficiency and facilitate targeted                      requiring public disclosure of CBSD                   on internal objectives and consumer
                                                    network deployments, particularly if the                registration information. Petitioners                 behavior.
                                                    Commission adopts a longer license                      assert that the rule raises both                         Charter, Federated Wireless, and
                                                    term or larger license area for PALs. We                competitive concerns and                              NCTA encourage the Commission to
                                                    seek comment on this proposal and its                   ‘‘cybersecurity and national security                 seek comment on how it could ensure
                                                    underlying assumptions. If we were to                   concerns.’’ AT&T also claims that ‘‘the               that prospective users of the band can
                                                    adopt a larger geographic license area                  SAS will be required to collect                       obtain sufficient information to execute
                                                    for some or all PALs, would allowing                    extensive data regarding users’ network               network deployments without
                                                    partitioning and disaggregation of PALs                 configuration, uses, and technical                    disclosing detailed CBSD registration
                                                    enable prospective PAL licensees to                     parameters’’—data that ‘‘amounts to                   information to the public.
                                                    acquire PAL rights in smaller                           critical infrastructure data’’ that must be              We propose to amend the current
                                                    geographic areas where their business                   adequately protected to avoid                         rules to prohibit SASs from disclosing
                                                    needs call for it? Are partitioning and                 competitive and cybersecurity                         publicly CBSD registration information
                                                    disaggregation effective means to                       concerns.’’ In addition, Petitioners and              that may compromise the security of
                                                    facilitate the ability of small entities to             commenters argue that obfuscating the                 critical network deployments or be
                                                    access the spectrum they desire for                     licensees’ identities does not adequately             considered competitively sensitive. We
                                                    targeted, local deployments? If the                     address these concerns because it still               seek comment on the proposal and ask
                                                    Commission does not adopt some or all                   may be possible to uncover the                        which specific information should be
                                                    of the other proposed revisions to PALs,                identities of individual licensees based              withheld from public disclosure to
                                                    should we still allow partitioning and                  on publicly available information.                    address the concerns raised by
                                                    disaggregation? If so, why? To what                     Petitioners and commenters also                       Petitioners and Commenters. We ask
                                                    extent would partitioning and                           contend that, since potential GAA                     commenters to address the potential
                                                    disaggregation help the Commission                      operators can coordinate directly with                competitive, security, or other forms of
                                                    facilitate the objectives of Section 309(j)             the SAS Administrators to deploy GAA                  risk presented by the rule, as well as on
                                                    (47 U.S.C. 309(j)), which, among other                  services, the public disclosure                       specific and actionable suggestions to
                                                    considerations, asks us to promote                      requirement is unnecessary to ensure                  mitigate these risks. Nothing we propose
                                                    ‘‘economic opportunity for a wide                       that operations in the band are                       here will affect SAS-to-SAS information
                                                    variety of applications’’?                              effectively coordinated.                              sharing requirements.
                                                       We note that several commenters                         Google, Open Technology Institute
                                                                                                                                                                     We also note that some commenters
                                                    argue the PAL licensees will lack an                    and Public Knowledge (OTI/PK), and
                                                                                                                                                                  claim that potential GAA and PAL users
                                                    incentive to disaggregate or partition a                WISPA support retention of the current
                                                                                                                                                                  will use registration information to plan
                                                    larger, longer-term PAL. T-Mobile, in                   rule, arguing that it benefits potential
                                                                                                                                                                  deployments. As such, we seek
                                                    response, suggests that this ‘‘can be                   operators that need to investigate the
                                                                                                                                                                  comment on how to appropriately
                                                    remedied by adopt[ing] reasonable                       feasibility of deploying GAA or PAL
                                                                                                                                                                  balance the potential competitive and
                                                    performance requirements associated                     service before incurring the cost of
                                                                                                                                                                  security risks with potential users’ need
                                                    with renewal expectations.’’ We seek                    attempting to reserve or auction
                                                                                                                                                                  for information about CBSD
                                                    comment on the relationship between                     spectrum. OTI/PK contends that
                                                                                                            meaningful transparency allows                        deployment. Is there a mechanism—
                                                    secondary market transactions and
                                                                                                            incumbents and public advocacy groups                 other than full public disclosure of
                                                    performance requirements. What types
                                                                                                            to play a productive role in holding SAS              CBSD registration information—for
                                                    of requirements would be appropriate to
                                                                                                            Administrators and other stakeholders                 potential users to plan future GAA and/
                                                    encourage a robust secondary market for
                                                                                                            accountable for responsibilities such as              or PAL deployments? For example,
                                                    PALs to facilitate targeted and intensive
                                                                                                            military radar protection and ensuring                could potential users communicate with
                                                    spectrum use? How would requirements
                                                                                                            that valuable PAL spectrum does not lie               an SAS on a confidential basis? We also
                                                    related to secondary markets interplay
                                                                                                            fallow. Google denies that anonymized                 seek comment on whether there is
                                                    with construction requirements for
                                                                                                            public registration data presents                     certain information that the SAS can
                                                    PALs more broadly? How could
                                                                                                            security or competitive concerns and                  publicly provide while balancing data
                                                    performance requirements and
                                                                                                            argues that such information is already               sensitivity and security concerns.
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    secondary markets incentivize users to
                                                    provide service to rural and other                      available, as wireless carriers’                      5. Competitive Bidding Procedures for
                                                    difficult-to-serve areas?                               transceiver locations are visible to a                PALs
                                                                                                            passerby, logged by crowd-sourced
                                                    4. SAS Public Disclosure of CBSD                        applications, and publicly documented.                a. Assignment of PALs
                                                    Registration Information                                Google also notes that several aspiring                 Section 309(j) of the Communications
                                                       In the First Report and Order, the                   SAS Administrators—including CTIA—                    Act (47 U.S.C. 309(j)) requires that the
                                                    Commission required that SAS                            already have negotiated a model sharing               Commission assign licenses using
                                                    Administrators make Citizens                            agreement, and that CTIA itself has                   competitive bidding when ‘‘mutually


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                                                    56198               Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules

                                                    exclusive applications are accepted for                 the minimum opening bid for those                     use of radio in the public interest.’’
                                                    any initial license,’’ subject to certain               PALs, and remaining spectrum would                    However, the Commission reached these
                                                    exemptions not applicable to this band.                 be available on a GAA basis.                          conclusions regarding nonrenewable
                                                    Because of the ‘‘generic’’ nature of PAL                   Consistent with our proposals to                   PALs that had substantially shorter
                                                    frequency assignments, mutual                           lengthen the PAL license term, make                   license terms than we are now
                                                    exclusivity exists when multiple                        them renewable, and increase the PAL                  proposing to adopt for PALs. Under our
                                                    applicants apply to bid on more PALs                    geographic license area, we also propose              current proposals, the use case for PALs
                                                    than exist in a given census tract. In the              to employ our standard practice for                   could vary more significantly from GAA
                                                    First Report and Order, the Commission                  finding mutual exclusivity among                      use than under our current rules. The
                                                    decided that, when there are two or                     accepted applications. We propose to                  Commission also noted in the First
                                                    more applicants for PALs in a given                     eliminate the rule that limited the                   Report and Order that the determination
                                                    census tract, it will make available one                number of PALs the Commission would                   of mutual exclusivity of PAL
                                                    fewer PAL than the total number of                      make available. We also propose to                    applications would not be a one-time
                                                    PALs for which all applicants have                      assign PALs even when there is only                   event for this band, because PALs
                                                    applied in that license area, up to a                   one applicant in a given license area,                would be licensed for three-year, non-
                                                    maximum of seven PALs. The                              assuming the applicant is otherwise                   renewable terms and the Commission
                                                    Commission also concluded that                          qualified. We seek comment on these                   would periodically open application
                                                    assigning PALs on a non-auctioned                       changes, which appear consistent with                 windows for new PALs, as well as
                                                    basis would not result in the most                      the broad opposition to the current                   interim filing windows to accept
                                                    efficient assignment of the spectrum. It                requirements already in the record. The               applications for unassigned PALs. If we
                                                    therefore decided that, where there is                  other proposed changes to PAL                         adopt our proposal to increase PAL
                                                    only a single applicant for one or more                 licensing discussed in this NPRM—                     license terms to 10 years, such frequent
                                                    PALs in a license area, it would not                    including longer, renewable license                   application or filing windows likely
                                                    proceed to an auction or assign any                     terms and a larger geographic area—                   would not be necessary. We seek
                                                    PALs for that license area and there                    would make PALs more similar to                       comment on whether the circumstances
                                                    would only be shared GAA access to                      licenses offered in the Incentive Auction             that will pertain if our proposals
                                                    that spectrum until the next filing                     and other recent spectrum auctions,                   regarding license term, renewability,
                                                    window for competitive bidding. In its                  where there was no need for the                       and geographic area are adopted warrant
                                                    Order on Reconsideration in GN Docket                   requirements in Sections 96.29(c) and                 our elimination of the current limits on
                                                    No. 12–354 (FCC 16–55), the                             96.29(d) of our rules (47 CFR 96.29(c)                the number of PALs we make available.
                                                    Commission granted a limited exception                  and 47 CFR 96.29(d)). We seek comment                    Moreover, the record indicates that
                                                    for certain rural areas, finding it in the              on this proposal. What are the costs and              PALs will be more useful to a wide
                                                    public interest to assign a PAL even if                 benefits of removing these                            variety of potential licensees if PALs are
                                                    there is only a single applicant, given                 requirements? Are these changes                       renewable, longer term, and/or licensed
                                                    the likelihood of lower demand in rural                 consistent with the statutory objectives              for a larger geographic area. USCC
                                                    areas.                                                  of Section 309(j) (47 U.S.C. 309(j)),                 suggests that, if the Commission adopts
                                                       T-Mobile and several commenters ask                  including to ‘‘promot[e]economic                      PEA-based license areas and a ten-year
                                                    the Commission to make all PALs                         opportunity and competition,’’                        license period with a renewal
                                                    available, regardless of the number of                  ‘‘ensur[e] that new and innovative                    expectancy, ‘‘it will be far less likely
                                                    applications the Commission receives in                 technologies are readily accessible,’’                that the aggregate demand in any license
                                                    any given license area. GeoLinks argues                 ‘‘avoid[ ] excessive concentration of                 area will be less than seven PALs.’’ We
                                                    that, by prohibiting the assignment of                  licenses’’ and ‘‘disseminat[e] licenses               seek comment on whether our proposed
                                                    PALs when there is only one interested                  among a wide variety of applicants’’;                 changes in the term, renewability, and
                                                    carrier, the Commission will ‘‘surely                   ‘‘recover[ ] for the public of a portion of           service area of PALs would make them
                                                    create gaps in rural, sparsely populated                the value of the of the public spectrum’’;            more useful to a wider range of potential
                                                    parts of the country that could benefit                 and promote ‘‘efficient and intensive                 licensees and, if so, whether that would
                                                    from an interested service provider.’’                  use of electromagnetic spectrum.’’                    reduce the benefit of limiting the
                                                    Further, several commenters, like AT&T                  Additionally, as fully described below,               number of PALs available in a given
                                                    and Ericsson, argue that the                            we also seek comment on whether a                     license area or not assigning PALs in
                                                    Commission’s current policy will                        PAL for any given license area is                     any area for which there is only one
                                                    eventually phase out PAL licenses in a                  mutually exclusive to GAA use in that                 applicant.
                                                    market with each subsequent auction if                  area such that the Commission would                      We note that, if we adopt the above
                                                    there is no renewal expectancy,                         have the authority to assign PALs by                  proposal to make all of the PALs in a
                                                    rendering the auctions ‘‘essentially a                  auction in those situations.                          given license area available for
                                                    game of musical chairs for PAL                             In the First Report and Order, the                 assignment regardless of the number of
                                                    licensees.’’ No commenter opposes T-                    Commission adopted these two                          applicants that have applied in that
                                                    Mobile’s mutual exclusivity proposal                    limitations on the assignment of PALs                 area, it would still be possible, albeit
                                                    specifically.                                           because it concluded that assigning                   less likely, for the number of PALs being
                                                       United States Cellular Corporation                   PALs on a non-auctioned basis would                   offered to exceed applicant demand in
                                                    (USCC) argues that the Commission                       not result in as efficient an assignment              a given area. Similarly, if we were to
                                                    should assign PALs in any given license                 of the spectrum as licensing the                      assign PALs in a license area for which
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    area by subjecting all PALs to a                        spectrum for shared GAA use. The                      only a single applicant applied for a
                                                    minimum opening bid and the existing                    Commission found that ensuring                        PAL, as some commenters advocate, in
                                                    spectrum aggregation limit of four PALs.                widespread GAA use of spectrum in any                 those instances we would not have
                                                    If the aggregate demand in a license area               geographic area for which it had not                  accepted mutually exclusive PAL
                                                    does not exceed seven PALs, USCC                        received mutually exclusive PAL                       applications, which is the prerequisite
                                                    suggests that the applicant(s) would                    applications was the best way to                      for assigning PALs by auction. While
                                                    receive the number of PALs for which                    discharge its statutory obligation to                 the Commission has the authority in
                                                    they applied, subject to the payment of                 ‘‘encourage the larger and more effective             both situations to assign the PALs on a


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                                                                        Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules                                          56199

                                                    non-auctioned basis, we seek comment                    need to protect incumbent rights. Vivint                 • ¥13 dBm/MHz from 0 to 10
                                                    on whether it would be consistent with                  Wireless calls it ‘‘unnecessary and a bit             megahertz from the assigned channel
                                                    our statutory objectives to do so on a                  confusing,’’ arguing that it ‘‘would seem             edge;
                                                    non-auctioned basis given the nature of                 to limit the available channels should a                 • ¥25 dBm/MHz beyond 10
                                                    the changes we propose to adopt for                     PAL licensee need to move to avoid                    megahertz from the assigned channel
                                                    PALs. Such a circumstance raises                        interfering with a protected incumbent.’’             edge down to 3530 megahertz and up to
                                                    questions of how to accommodate GAA                     Google argues that, if the Commission                 3720 megahertz;
                                                    use such that the sharing envisioned                    permitted parties to manually select                     • ¥40 dBm/MHz below 3530
                                                    within this band could occur. To the                    frequencies, an operator could position               megahertz and above 3720 megahertz.
                                                    extent necessary and as an alternative,                 itself in the middle of the PAL                          In the Second Report and Order, the
                                                    we also seek comment on whether we                      spectrum, preventing other PAL holders                Commission denied petitions for
                                                    nevertheless have authority to assign                   from aggregating contiguous blocks. It                reconsideration that requested changes
                                                    PALs by auction in these situations                                                                           to these limits.
                                                                                                            argues that ‘‘the current SAS dynamic
                                                    because a PAL for any given area is                                                                              T-Mobile’s Petition requests changes
                                                                                                            assignment framework allows protection                to the emission limits that it claims are
                                                    mutually exclusive to GAA use in that                   of federal incumbent and Priority
                                                    area. If we were to assign PALs by                                                                            necessary to support channels wider
                                                                                                            Access operations while enabling a                    than 10 megahertz without power
                                                    auction in these situations, applicants                 seamless experience for end users of
                                                    would be required to submit at least the                                                                      reduction. Specifically, T-Mobile argues
                                                                                                            [Citizens Broadband Radio Service]                    that the ¥13 dBm/MHz limit should
                                                    minimum opening bid for each PAL                        services.’’
                                                    consistent with the Commission’s                                                                              apply from 0–20 megahertz outside the
                                                    general competitive bidding procedures.                    We seek comment on the feasibility                 channel edge, and the ¥25 dBm/MHz
                                                    Would such an approach be consistent                    and desirability of allowing PAL                      requirement should be eliminated (or,
                                                    with our statutory requirements and                     licensees to bid on specific channel                  alternatively, apply at least 20
                                                    objectives under Section 309 of Act (47                 assignments. How could the                            megahertz from the channel edge).
                                                    U.S.C. 309(j))? Commenters that support                 Commission accomplish this given the                  Outside of the 3550–3700 MHz band, T-
                                                    this proposal should describe in detail                 other constraints of the band, including              Mobile contends that the ¥40 dBm/
                                                    the mechanism by which such a change                    the need to protect incumbents? Would                 MHz limit should be eliminated (or,
                                                    would work, particularly within the                     having a separate voluntary channel                   alternatively, the transition gap should
                                                    sharing regime contemplated in the 3.5                  assignment phase of the auction—as                    be 40 megahertz instead of 20
                                                    GHz Band, and how it would fit within                   was done recently in the Incentive                    megahertz).
                                                    the Commission’s statutory                              Auction—work in this context? For                        Qualcomm agrees that the emission
                                                    requirements.                                           example, could we first allow applicants              limits should be relaxed to facilitate
                                                                                                            to bid on the amount of PAL spectrum                  wider channels without power
                                                    b. Bidding on Specific PAL License                                                                            reduction. Qualcomm argues that, for
                                                                                                            they desire, then in a separate round,
                                                    Blocks                                                                                                        single or aggregated channels that are
                                                                                                            allow PAL bidders to value and bid on
                                                       Under the current rules, Priority                    specific channel assignments? Would                   the channel bandwidth (B) megahertz
                                                    Access licensees do not bid on specific                 this allow PAL bidders to value their                 wide (up to 40 megahertz), the ¥13
                                                    spectrum blocks. Rather, SAS                            PAL spectrum more accurately by                       dBm/MHz requirement should apply
                                                    Administrators assign frequencies based                 knowing their primary location vis-a-vis              from 0 to B megahertz above and below
                                                    on the amount of spectrum that the PAL                  federal and other incumbents and                      the channel edges, and the¥25 dBm/
                                                    licensee is authorized to use in a given                adjacent band licensees? Would the                    MHz requirement should apply at
                                                    license area. Licensees may request a                   Commission need to make changes to                    frequencies beyond B megahertz.
                                                    particular channel or frequency range                   the assignment phase framework used                   Qualcomm does not request changes to
                                                    from the SAS, but are not guaranteed a                  in the Incentive Auction to                           the ¥40 dBm/MHz emission limit
                                                    particular assignment. The SAS will                     accommodate interference protection of                outside of the 3550–3700 megahertz
                                                    ‘‘assign geographically contiguous PALs                 federal incumbents by PALs? And if so,                band. Several other commenters also
                                                    held by the same Priority Access                        what changes would it need to make?                   support relaxation of the emission
                                                    Licensee to the same channels in each                   Should the Commission adopt rules to                  limits.
                                                    geographic area’’ and ‘‘assign multiple                                                                          Others, including Motorola Solutions
                                                                                                            ensure that bidders are assigned to
                                                    channels held by the same Priority                                                                            and Vivint Wireless, support the current
                                                                                                            contiguous frequencies within a
                                                    Access Licensee to contiguous                                                                                 emissions limits. Motorola Solutions
                                                                                                            geographic area, where possible? We
                                                    frequencies within the same License                                                                           argues that no changes are necessary
                                                                                                            also seek comment on what alternative
                                                    Area’’ when it is feasible to do so. T-                                                                       because current technologies can be
                                                                                                            auction methodologies might be
                                                    Mobile instead asks the Commission to                                                                         utilized to meet the existing limits, and
                                                                                                            appropriate to balance the SAS                        the existing rules allow higher power
                                                    allow applicants to bid on particular
                                                                                                            Administrator’s need to dynamically                   with wider bandwidth which helps
                                                    channels, rather than bidding solely on
                                                                                                            avoid interference with Priority Access               counteract the need for power
                                                    an amount of spectrum that will later be
                                                                                                            licensees’ desire for certainty and the               reduction. Vivint Wireless asserts that
                                                    assigned by the SAS.
                                                       A few commenters support T-Mobile’s                  ability to aggregate contiguous                       relaxing the emissions limits will
                                                    proposal. Ericsson argues that this                     spectrum. Are there other auction                     increase the risk of interference between
                                                    approach would ensure a ‘‘stable and                    designs that could better balance                     adjacent channel operations.
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    predictable’’ spectrum environment,                     interests in this context? We seek                       Our current rules were designed to
                                                    while 5G Americas and GSMA argue                        comment on the costs and benefits of                  accommodate 10 megahertz and 20
                                                    that it would encourage robust use of                   any proposed approaches.                              megahertz channels. We propose to
                                                    the band for 5G and would align with                    B. Emissions and Interference Limits                  relax the emissions mask in a manner
                                                    what other countries have planned for                                                                         that will be scalable to accommodate
                                                    the band.                                                 In the First Report and Order, the                  wider bandwidth channels. Petitioners
                                                       Commenters opposing this proposal                    Commission adopted the following                      and commenters agree on the value of
                                                    question how it would work given the                    emission limits:                                      the first step of attenuation at ¥13


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                                                    56200               Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules

                                                    dBm/MHz—starting at the channel                         channels in the band without requiring                for base stations)? Finally, given the
                                                    edge—and many of them agree on the                      power reduction?                                      existing OOBE limits that apply above
                                                    value of the lowest attenuation in the                     In the second proposal above, we seek              3720 MHz and below 3530 MHz—which
                                                    band at ¥25 dBm/MHz. We believe that                    comment on an attenuation step of ¥20                 we do not propose to change—we seek
                                                    relaxation of the current emission                      dBm/MHz between ¥13 dBm/MHz and                       comment on whether either of these
                                                    limits, while enabling efficient                        ¥25 dBm/MHz, between one-half                         proposals would facilitate the use of
                                                    frequency and power assignments,                        channel (50% of B) and one channel                    wider bandwidth channels at or near the
                                                    would promote innovation and                            bandwidth (100% of B) from the                        band edges.
                                                    investment in the band and allow                        channel edge. This additional
                                                    operators to make use of wider channels                 attenuation step may enable more                      III. Procedural Matters
                                                    without reducing their transmit power.                  efficient SAS-based frequency and                     Initial Regulatory Flexibility Act
                                                    However, we are not persuaded by T-                     power assignments while facilitating                  Analysis
                                                    Mobile’s proposals to eliminate the ¥25                 wider channel bandwidths. Without this
                                                    dBm/MHz limit or to eliminate the ¥40                   step, frequency separation between PAL                   As required by the Regulatory
                                                    dBm/MHz limit below 3530 megahertz                      channels (and other GAA/PAL                           Flexibility Act of 1980 (RFA) (5 U.S.C.
                                                    and above 3720 megahertz. We also are                   channels) may be larger under some                    603), the Commission has prepared an
                                                    not persuaded by T-Mobile’s proposal to                 operational use cases. We seek comment                Initial Regulatory Flexibility Analysis
                                                    increase the transition bandwidth to 40                 on the capabilities of current and future             (IRFA) for this NPRM, of the possible
                                                    megahertz outside of the band, because                  CBSDs and end user devices to meet                    significant economic impact on small
                                                    of the impact these changes would have                  these masks, and the attenuation steps                entities of the policies and rules
                                                    on protecting adjacent operations.                      used in other bands for other wireless                addressed in this document. Written
                                                    Rather, we seek comment on two                          services. We also seek quantitative                   public comments are requested on this
                                                    alternative proposals. First, we seek                   analysis of TDD interference scenarios                IRFA. Comments must be identified as
                                                    comment on Qualcomm’s proposal to:                      to assess the tradeoff and balance                    responses to the IRFA and must be filed
                                                    (1) Extend the ¥13 dBm/MHz limit                        between the emission mask and the                     on or before the dates on the first page
                                                    from 0 to 100% of B; (2) apply the ¥25                  statistical likelihood of interference                of this NPRM. The Commission’s
                                                    dBm/MHz limit beyond 100% of B; and                     between licensees.                                    Consumer and Governmental Affairs
                                                    (3) not change the ¥40 dBm/MHz limit                       We note that studies have shown that               Bureau, Reference Information Center,
                                                    specified in Section 96.41(e)(2). Second,               device output power and out-of-band                   will send a copy of the NPRM, including
                                                    we seek comment on a more graduated                     emissions are likely to be lower than                 the IRFA, to the Chief Counsel for
                                                    reduction of the emission limits in                     regulatory limits or industry standards.              Advocacy of the Small Business
                                                    Qualcomm’s proposal, with the addition                  For instance, an Ofcom study describes                Administration.
                                                    of an attenuation step between the                      a case where the actual out-of-band
                                                    channel edge and a full channel                         emissions is lower than the minimum                   Initial Paperwork Reduction Act
                                                    bandwidth from the channel edge, as                     requirements specified in 3GPP by ∼8                  Analysis
                                                    follows:                                                dB in the first adjacent channel. The
                                                                                                                                                                    The NPRM contains proposed
                                                       • ¥13 dBm/MHz from 0 to B/2 (i.e.,                   study also shows the non-linear effect of
                                                                                                            out-of-band emissions at maximum                      modified information collection
                                                    50% of B) megahertz from the assigned
                                                    channel edge;                                           power, and higher reduction in out-of-                requirements. The Commission, as part
                                                       • ¥20 dBm/MHz from B/2 to B (i.e.,                   band emissions for every dB of                        of its continuing effort to reduce
                                                    100% of B) megahertz from the assigned                  reduction in fundamental transmit                     paperwork burdens, invites the general
                                                    channel edge;                                           power. Ofcom notes that the increased                 public and the Office of Management
                                                       • ¥25 dBm/MHz beyond B                               emission leakage that accompanies                     and Budget OMB to comment on the
                                                    megahertz from the assigned channel                     increasing fundamental power is due to                information collection requirements
                                                    edge, down to 3530 megahertz and up                     the non-linear behavior of the power                  contained in this document, as required
                                                    to 3720 megahertz;                                      amplifier when it is driven into                      by the Paperwork Reduction Act of
                                                       • ¥40 dBm/MHz below 3530                             saturation. What are the likely effects of            1995, Public Law 104–13. In addition,
                                                    megahertz and above 3720 megahertz.                     this behavior in devices that will be                 pursuant to the Small Business
                                                       We seek comment on these two                         deployed in the 3.5 GHz Band? We seek                 Paperwork Relief Act of 2002, Public
                                                    proposals and on the tradeoffs in the                   comment and quantitative evidence that                Law 107–198, see 44 U.S.C. 3506(c)(4),
                                                    number and levels of the attenuation                    actual out-of-channel emissions in the                the Commission seeks specific comment
                                                    steps. A more relaxed mask gives more                   3.5 GHz Band will be substantially                    on how it might further reduce the
                                                    margin to accommodate bandwidths                        lower than worst case values. Are the                 information collection burden for small
                                                    wider than 10 megahertz, although this                  margins found in the Ofcom study                      business concerns with fewer than 25
                                                    could raise the potential for increased                 typical and representative of the                     employees.
                                                    interference to users operating on                      margins that can be expected in 3.5                   List of Subjects in 47 CFR Part 96
                                                    adjacent channels. We seek quantitative                 GHz?
                                                    analysis of these tradeoffs and we seek                    We also seek comment on the                          Telecommunications, Radio.
                                                    comment on whether alternative                          tradeoffs inherent in any change to the
                                                                                                                                                                  Federal Communications Commission.
                                                    attenuation steps could balance these                   emission mask(s) in the band.
                                                    tradeoffs more effectively. What is the                 Specifically, what are the tradeoffs                  Katura Jackson,
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    balance between vendor cost, radio                      between the margins of actual                         Federal Register Liaison Officer, Office of the
                                                    performance, and spectrum efficiency?                   emissions, and the spectral efficiency of             Secretary.
                                                    For example, are there tradeoffs in the                 frequency assignments in the 3.5 GHz                  Proposed Rules
                                                    design complexity of out-of-band signal                 Band? Will either or both of the
                                                    reduction techniques, balanced with                     proposed masks meet the more                            For the reasons discussed in the
                                                    flexible and efficient spectrum sharing?                restrictive 3GPP Adjacent Channel                     preamble, the Federal Communications
                                                    Will either or both of the proposed                     Leakage Ratio (ACLR) emissions limit                  Commission proposes to amend 47 CFR
                                                    masks facilitate the use of wider                       (i.e., 30 dBc for user devices and 45 dBc             part 96 as follows:


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                                                                        Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules                                          56201

                                                    PART 96—CITIZENS BROADBAND                              § 96.55   [Amended].                                  Processing, Attn: FWS–HQ–MB–2015–
                                                    RADIO SERVICE                                           ■ 7. Section 96.55 is amended by                      0161; Division of Policy, Performance,
                                                                                                            removing and reserving paragraph (a)(3).              and Management Programs; U.S. Fish
                                                    ■ 1. The authority citation for part 96                 [FR Doc. 2017–25672 Filed 11–27–17; 8:45 am]          and Wildlife Service; 5275 Leesburg
                                                    continues to read as follows:                           BILLING CODE 6712–01–P
                                                                                                                                                                  Pike, MS: BPHC; Falls Church, VA
                                                        Authority: 47 U.S.C. 154(i), 303, and 307.                                                                22041–3803.
                                                                                                                                                                    We will post all comments on https://
                                                    ■ 2. Section 96.25 is amended by                                                                              www.regulations.gov. This generally
                                                    revising paragraphs (a) and (b)(3) to read              DEPARTMENT OF THE INTERIOR                            means that we will post any personal
                                                    as follows:                                                                                                   information you provide us (see Public
                                                                                                            Fish and Wildlife Service                             Comment Procedures and Public
                                                    § 96.25    Priority access licenses.
                                                                                                                                                                  Availability of Comments under
                                                      (a) An applicant must file an                         50 CFR Part 91                                        SUPPLEMENTARY INFORMATION for more
                                                    application for an initial authorization                [Docket No. FWS–HQ–MB–2015–0161;                      information).
                                                    for all PALs desired. Initial                           FXMB12330900000//189//FF09M13200]                     FOR FURTHER INFORMATION CONTACT:
                                                    authorizations shall be granted in                                                                            Suzanne Fellows, (703) 358–2145,
                                                    accordance with Section 96.29. Priority                 RIN 1018–BB23
                                                                                                                                                                  suzanne_fellows@fws.gov.
                                                    Access Licensees must operate CBSDs
                                                                                                            Revision of Federal Migratory Bird                    SUPPLEMENTARY INFORMATION:
                                                    consistent with the technical rules and
                                                    interference protection requirements set                Hunting and Conservation Stamp                        Background
                                                    for in this part.                                       (Duck Stamp) Contest Regulations
                                                                                                                                                                  History of the Federal Migratory Bird
                                                      (b) * * *                                             AGENCY:    Fish and Wildlife Service,                 Hunting and Conservation Stamp (Duck
                                                      (3) License term. Each PAL has a ten-                 Interior.                                             Stamp) Program
                                                    year license term. Licensees must file a                ACTION:  Revised proposed rule; request
                                                    renewal application in accordance with                                                                           On March 16, 1934, Congress passed,
                                                                                                            for comments.                                         and President Franklin D. Roosevelt
                                                    the provisions of Section 1.949.
                                                                                                            SUMMARY:    We, the Fish and Wildlife                 signed, the Migratory Bird Hunting
                                                    *     *      *    *    *                                                                                      Stamp Act. Popularly known as the
                                                                                                            Service (Service), are revising our
                                                    § 96.27    [Removed and Reserved]                       previous proposal to revise regulations               Duck Stamp Act, it required all
                                                                                                            governing the annual Migratory Bird                   waterfowl hunters 16 years or older to
                                                    ■ 3. Remove and reserve § 96.27.
                                                                                                            Hunting and Conservation Stamp                        buy a stamp annually. The revenue
                                                    ■ 4. Section 96.29 is revised to read as                                                                      generated was originally earmarked for
                                                    follows:                                                Contest (also known as the Federal Duck
                                                                                                            Stamp Contest (contest)). The proposals               the Department of Agriculture, but 5
                                                    § 96.29    Competitive bidding procedures.              in this document are revisions to our                 years later was transferred to the
                                                                                                            February 11, 2016, proposed rule and                  Department of the Interior and the
                                                      Mutually exclusive initial
                                                                                                            consist of further updates to the                     Service.
                                                    applications for Priority Access Licenses                                                                        In the years since its enactment, the
                                                    are subject to competitive bidding. The                 scientific names of species on our list of
                                                                                                            contest design subjects, updates to                   Federal Duck Stamp Program has
                                                    general competitive bidding procedures                                                                        become one of the most popular and
                                                    set forth in part 1, subpart Q of this                  recognize technological advances in
                                                                                                            stamp design and printing, and                        successful conservation programs ever
                                                    chapter will apply unless otherwise                                                                           initiated. Today, some 1.8 million
                                                    provided in this subpart.                               proposed requirements specific to the
                                                                                                            2018 contest.                                         stamps are sold each year, and as of
                                                    ■ 5. Section 96.32 is amended by
                                                                                                                                                                  2017, Federal Duck Stamps have
                                                    revising paragraph (b) to read as follows:              DATES: We will accept comments that
                                                                                                                                                                  generated more than $1 billion for the
                                                                                                            we receive on or before December 28,                  preservation of more than 6 million
                                                    § 96.32 Priority access assignments of                  2017. Please note that if you are using
                                                    authorization, transfer of control, and                                                                       acres of waterfowl habitat in the United
                                                    leasing arrangements.
                                                                                                            the Federal eRulemaking Portal (see                   States. Numerous other birds, mammals,
                                                                                                            ADDRESSES, below), the deadline for
                                                    *      *     *    *     *                                                                                     fish, reptiles, and amphibians have
                                                                                                            submitting an electronic comment is                   similarly prospered because of habitat
                                                       (b) Priority Access Licensees may                    11:59 p.m. Eastern Time on the closing
                                                    partition or disaggregate their licenses                                                                      protection made possible by the
                                                                                                            date.                                                 program. An estimated one-third of the
                                                    and partially assign or transfer their
                                                                                                            ADDRESSES: You may submit comments                    Nation’s endangered and threatened
                                                    licenses and may enter into de facto
                                                                                                            by one of the following methods:                      species find food or shelter in refuges
                                                    leasing arrangements for a portion of
                                                                                                               • Electronically: Go to the Federal                preserved by Duck Stamp funds.
                                                    their licenses.
                                                                                                            eRulemaking Portal: http://                           Moreover, the protected wetlands help
                                                    *      *     *    *     *                               www.regulations.gov. In the Search box,               dissipate storms, purify water supplies,
                                                    ■ 6. Section 96.41 is amended by                        enter FWS–HQ–MB–2015–0161, which                      store flood water, and nourish fish
                                                    revising paragraph (e)(2) to read as                    is the docket number for this proposed                hatchlings important for sport and
                                                    follows:                                                rule. Then, in the Search panel on the                commercial fishermen.
                                                    § 96.41    General radio requirements.
                                                                                                            left side of the screen, under the
                                                                                                            Document Type heading, click on the                   History of the Duck Stamp Contest
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                      (e) * * *                                             Proposed Rules link to locate this                      The first Federal Duck Stamp was
                                                      (2) Additional protection levels.                     document. You may submit a comment                    designed at President Roosevelt’s
                                                    Notwithstanding paragraph (e)(1) of this                by clicking on ‘‘Comment Now!’’ Please                request by Jay N. ‘‘Ding’’ Darling, a
                                                    section, the conducted power of any                     ensure that you have found the correct                nationally known political cartoonist for
                                                    emissions below 3530 MHz or above                       rulemaking before submitting your                     the Des Moines Register and a noted
                                                    3720 MHz shall not exceed ¥40dBm/                       comment.                                              hunter and wildlife conservationist. In
                                                    MHz.                                                       • By hard copy: Submit by U.S. mail                subsequent years, noted wildlife artists
                                                    *     *     *    *    *                                 or hand delivery to: Public Comments                  were asked to submit designs. The first


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Document Created: 2017-11-28 01:50:55
Document Modified: 2017-11-28 01:50:55
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 December 28, 2017, and reply comments on or before January 29, 2018.
ContactJessica Greffenius, [email protected], of the Wireless Telecommunications Bureau, Mobility Division, (202) 418-2896.
FR Citation82 FR 56193 
CFR AssociatedTelecommunications and Radio

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