83_FR_42204 83 FR 42043 - Expanding Flexible Use of the 3.7 to 4.2 GHz Band

83 FR 42043 - Expanding Flexible Use of the 3.7 to 4.2 GHz Band

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42043-42045
FR Document2018-17296

In this document, the Federal Communications Commission (Commission or FCC) adopts certification and information collection requirements for 3.7-4.2 GHz band spectrum that will be available for new wireless uses while balancing desired speed to the market, efficiency of use, and effectively accommodating incumbent Fixed Satellite Service (FSS) and Fixed Service (FS) operations in the band.

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42043-42045]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17296]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[GN Docket Nos. 18-122, 17-183, RM-11791, RM-11778; FCC 18-91]


Expanding Flexible Use of the 3.7 to 4.2 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final action.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) adopts certification and information collection 
requirements for 3.7-4.2 GHz band spectrum that will be available for 
new wireless uses while balancing desired speed to the market, 
efficiency of use, and effectively accommodating incumbent Fixed 
Satellite Service (FSS) and Fixed Service (FS) operations in the band.

DATES: The certification requirements are adopted effective August 20, 
2018; except for Earth Station and Space Station Information 
Collections in paragraphs 7-12, which contain information collection 
requirements that have not been approved by the Office of Management 
and Budget. The FCC will publish a document in the Federal Register 
announcing the effective date for those requirements.

FOR FURTHER INFORMATION CONTACT: Christopher Bair of the International 
Bureau, Satellite Division, at 202-418-0945 or 
[email protected]. For information regarding the Paperwork 
Reduction Act contact Cathy Williams, Office of Managing Director, at 
(202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
GN Docket No. 18-122, FCC 18-91, adopted on July 12, 2018, and released 
on July 13, 2018. The complete text of this document is available for 
public inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time 
(ET) Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays 
in the FCC Reference Information Center, 445 12th Street SW, Room CY-
A257, Washington, DC 20554. The complete text is available on the 
Commission's website at http://wireless.fcc.gov, or by using the search 
function on the ECFS web page at http://www.fcc.gov/cgb/ecfs/. 
Alternative formats are available to persons with disabilities by 
sending an email to [email protected] or by calling the Consumer & 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(tty).

Paperwork Reduction Act

    The Commission, as part of its continuing effort to reduce 
paperwork burdens, intends to invite 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 will also seek specific comment on 
how we might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Congressional Review Act

    The Commission will send a copy of this Order in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A).

I. Introduction

    1. In this proceeding, the Commission is pursuing the joint goals 
of making spectrum available for new wireless uses while balancing 
desired speed to the market, efficiency of use, and effectively 
accommodating incumbent Fixed Satellite Service (FSS) and Fixed Service 
(FS) operations in the band. To gain a clearer understanding of the 
operations of current users in the 3.7-4.2 GHz band, the Commission is 
requiring certifications and collecting information on current FSS 
uses.

II. Background

    2. In the 2017 Mid-Band Notice of Inquiry (Mid-Band NOI), the 
Commission began an evaluation of whether spectrum in-between 3.7 GHz 
and 24 GHz can be made available for flexible use--particularly for 
wireless broadband services.\1\
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    \1\ Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 
24 GHz, GN Docket No. 17-183, Notice of Inquiry, 32 FCC Rcd 6373 
(2017) (Mid-Band NOI).
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III. Order: Collecting Information on Satellite Usage of the Band

    3. The record in response to the Mid-Band NOI reflects that the 
Commission's information regarding current use of the band is 
inaccurate and/or incomplete. Therefore, the Commission is collecting 
additional information to make an informed decision about the proposals 
discussed herein--including the scope of future FSS, FS, and potential 
mobile use of the band and the appropriate transition methodology. It 
is important that the Commission obtain a clear understanding of the 
operations of current users in the band. This user data will be vital 
to our consideration of how much spectrum could be made available, how 
incumbent operators could be protected, accommodated, or relocated, and 
the overall structure of the band going forward.
    4. In furtherance of the Commission's goals of fostering more 
efficient and intensive use of the 3.7-4.2 GHz band as expeditiously as 
possible while protecting existing operations in the band from harmful 
interference, by this Order the Commission adopts the

[[Page 42044]]

certification and information collection requirements described in 
paragraphs 5-12 below. The Commission and the public will use the 
information collected to evaluate future use of the 3.7-4.2 GHz band. 
The information may also be used in defining incumbent earth stations 
to be protected from harmful interference consistent with parameters 
that may be developed in this proceeding. FSS operators may request 
confidential treatment of some or all of the information that they 
submit, consistent with the Commission's rules.\2\
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    \2\ Although the Broadband Access Coalition argues that all of 
the information required to be submitted by earth stations is ``is 
no different from the detailed technical information provided, and 
made publicly available, for wireless providers in other services,'' 
and thus should not be afforded confidential treatment, Broadband 
Access Coalition June 29, 2018 Ex Parte Letter, GN Docket No. 18-
122, at 4, the Commission will review and assess requests for 
confidential treatment for the information submitted in response to 
this information collection according to the procedures set forth in 
the Commission's rules. See 47 CFR 0.459.
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    5. Earth Station Data.-- In order to evaluate the potential for a 
flexible use allocation in the 3.7-4.2 GHz band and determine how much 
spectrum could be made available, the Commission must evaluate the 
existing earth station usage of C-band satellites--including location 
and technical data that may be necessary to mitigate harmful 
interference. This information will assist the Commission in 
determining whether earth stations will need to be protected as well as 
how they may need to be protected depending on how the Commission moves 
forward with increasing the intensity of terrestrial use of the band. 
It will also allow the Commission to evaluate the feasibility of the 
various transition proposals.
    6. The Commission directs operators of FSS earth stations, 
including temporary fixed or transportable earth stations, in the 3.7-
4.2 GHz band that are licensed or registered (authorized) in 
International Bureau Filing System (IBFS) to certify the accuracy of 
all information reflected on their license or registration in IBFS. 
Given that they recently will have filed for new or modified licenses 
or registrations in IBFS, the Commission exempts from this Order those 
operators that file between April 19, 2018, and October 17, 2018, using 
the processes outlined in the Earth Station Filing Window Public 
Notices, including those that filed without coordination.\3\ This 
certification is necessary to inform the Commission's decisions in this 
proceeding. Although the Commission does not require FSS earth station 
operators to provide additional information on their existing 
operations at this time, the Commission intends to seek comment on 
protecting only those earth stations licensed or registered in IBFS for 
which the licensee/registrant timely files the certification required 
in this Order (to the extent they registered before April 19, 2018). 
The Commission also intends to seek comment on whether further earth 
station information should be collected in the future to facilitate 
more efficient use of the 3.7-4.2 GHz band.\4\
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    \3\ See Temporary Freeze on Applications for New or Modified 
Fixed Satellite Service Earth Stations and Fixed Microwave Stations 
in the 3.7-4.2 GHz Band; 90-Day Window to File Applications for 
Earth Stations Currently Operating in 3.7-4.2 GHz Band, GN Docket 
No. 17-183, WTB Docket No. 18-122, Public Notice, DA 18-398 at 1 
(IB/PSHSB/WTB Apr. 19, 2018), 83 FR 21746 (May 10, 2018); 
International Bureau Announces 90-Day Extension of Filing Window, to 
October 17, 2018, to File Applications for Earth Stations Currently 
Operating in 3.7-4.2 GHz Band, Filing Options for Operators with 
Multiple Earth Station Antennas, Public Notice, DA 18-639 (IB Jun. 
21, 2018), 83 FR 35454 (July 26, 2018) (collectively, the Earth 
Station Filing Window Public Notices).
    \4\ NCTA--The Internet & Television Association filed an ex 
parte suggesting that this information collection order was not 
properly noticed under the Administrative Procedure Act (APA). 
Letter from Danielle Pi[ntilde]eres, NCTA, to Marlene Dortch, FCC, 
GN Docket No. 18-122 at 1-3 (filed July 2, 2018). While the 
Commission has discretion to seek comment before undertaking an 
information collection, it has never taken the position that such 
comment is a necessary prerequisite. Because the information 
collection adopted here is designed solely to obtain the information 
necessary to evaluate whether to adopt future Commission rules, it 
has no direct ``future effect'' and as such is not a rule requiring 
notice under the APA. See 5 U.S.C. 551(4); see also 44 U.S.C. 
3507(c) (providing for PRA approval of an information collection not 
contained in a proposed rule). After adoption of the present Order, 
the Commission will comply with the PRA's requirements, including by 
seeking public comment on, and Office of Management and Budget 
approval of, the final information collection before it becomes 
effective. As is permitted by the PRA, 44 U.S.C. 3506(c)(1)(B)(iii), 
this information collection is mandatory, but this Order does not 
specify any penalty for failure to respond.
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    7. Further, to account for the variable nature of temporary fixed 
or transportable earth stations,\5\ the Commission orders all such 
operations to submit additional information about their operations 
regardless of when they were licensed or registered. This information 
shall include:
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    \5\ A temporary fixed or transportable earth station is a fixed 
earth station that remains at a location for less than six months. 
See 47 CFR 25.277. Operations from these fixed stations are on a 
temporary basis and therefore variable in nature. A satellite news 
gathering truck is a common example of a temporary fixed or 
transportable earth station.
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     Earth station call sign (or IBFS file number if a 
registration filed between April 19, 2018 and October 17, 2018, is 
pending);
     geographic location where the equipment is typically 
stored;
     the area within which the equipment is typically used;
     how often the equipment is used and the duration of such 
use (i.e., please provide examples of typical deployments, e.g., 
operation x days a week at sports arenas within a radius of y miles of 
its home base);
     number of transponders typically used in the 3.7-4.2 GHz 
band and extent of use on both the uplink and downlink; and
     licensee/registrant and point of contact information.
    8. These data are needed to better understand the use of the band 
by temporary fixed or transportable operations. IBFS does not reflect 
the variations in the locations or intermittent use of such operations. 
This presents unique challenges for establishing a means of protecting 
temporary fixed or transportable operations against harmful 
interference.
    9. The Commission directs the Wireless Telecommunications Bureau, 
International Bureau, and Office of Engineering and Technology (the 
Bureaus) to issue a Public Notice that will: (1) Provide detailed 
instructions for earth station licensees or registrants to file 
certifications regarding existing information in IBFS; (2) establish a 
window for initial filings of certifications; and (3) outline the 
details for temporary fixed or transportable earth stations to submit 
the information requested above. Because the Commission may use these 
data to inform its deliberations regarding the future use of the 3.7-
4.2 GHz band, including possible interference avoidance coordination or 
relocation of facilities, the Commission encourages FSS earth station 
operators to update their information in the event of a change in any 
of the operational parameters.
    10. Space Station Data.--In order to evaluate the potential for a 
flexible use allocation in the 3.7-4.2 GHz band and to determine how 
much spectrum could be made available, it is also necessary to evaluate 
the existing FSS downlink capacity of C-band satellites. This 
information will assist the Commission in determining whether there is 
sufficient capacity in the upper portion of the C-band to accommodate 
customers vacating transponders from the lower portion of the C-band. 
It will also allow the Commission to evaluate the feasibility of 
various transition proposals.
    11. Accordingly, operators with existing FSS space station licenses 
or grants of United States market access in the 3.7-4.2 GHz band shall 
provide the following information:
     Satellite call sign, name, and orbital location;

[[Page 42045]]

     expected end-of-life for satellite;
     the approximate dates that any additional C-band 
satellites with a currently pending application in IBFS are planned for 
launch to serve the United States market (note whether this satellite 
is a replacement);
     whether any additional C-band satellites that do not have 
a currently pending application in IBFS are planned for launch to serve 
the United States market and the approximate date of such launch (note 
whether this satellite is a replacement);
     for each transponder operating in the 3.7-4.2 GHz range 
that is operational and legally authorized to serve customers in the 
United States, for the most recent month,\6\ provide the following:
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    \6\ The ``most recent month'' will be defined in the Bureaus' 
forthcoming public notice and will be a month following release of 
this Order.
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     the frequency range of transponder and transponder number; 
\7\
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    \7\ For purposes of this information collection, ``transponder 
number'' refers to a standard 36 megahertz wide transponder and that 
transponder numbering (1-24) is based on the former center-frequency 
requirement for C-band space stations. See 47 CFR 25.211(a) (2014). 
While this rule is no longer in effect, most satellites providing 
service to the United States in the 3.7-4.2 GHz band are configured 
in accordance with the transponder plan described in the rule.
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     the capacity in terms of the number of megahertz on each 
transponder that are currently under contract (also provide this data 
for one month in 2016); \8\
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    \8\ The information collected will provide comparative data of 
transponder usage over time and allow the Commission and the public 
to evaluate options for the future use of the 3.7-4.2 GHz band.
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     For each day in the most recent month, please provide the 
percentage of each transponder's capacity (megahertz) utilized and the 
maximum capacity utilized on that day. (Parties should use the most 
recent month of data and provide the date range at which the data was 
collected; they may also supplement the data with historical trend data 
over recent months up to three years if they feel it displays 
utilization variances);
     the center frequency and bandwidth of the Telemetry 
Tracking and Command beam(s); and
     the call sign and geographic location (using NAD83 
coordinates) of each TT&C receive site.
    12. The Commission will seek approval from the Office of Management 
and Budget (OMB) before the information collection becomes effective, 
and following OMB approval, the Commission will publish notice of the 
effective date of the information collection and filing deadline in the 
Federal Register. The Commission also directs the Bureaus to consider 
whether additional information should be collected from either FSS 
earth station operators or satellite licensees and to seek notice and 
comment regarding the need to initiate a second information collection 
if such additional information is necessary to supplement the 
information submitted in this proceeding.

IV. Ordering Clauses

    13. It is further ordered that pursuant to section 4(i) of the 
Communications Act of 1934, as amended, that this Order is adopted 
effective upon publication in the Federal Register. This Order contains 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 that are not effective until approved by the Office of 
Management and Budget.
    14. It is further ordered that the notice of inquiry, GN Docket No. 
17-183, Expanding Flexible Use in the Mid-Band Spectrum Between 3.7-24 
GHz, adopted on August 3, 2017, is terminated as to the 3.7-4.2 GHz 
band.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-17296 Filed 8-17-18; 8:45 am]
BILLING CODE 6712-01-P



                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                              42043

                                             CMS intends to modify the authority                     requirements for 3.7–4.2 GHz band                     burden for small business concerns with
                                             that currently requires denial or                       spectrum that will be available for new               fewer than 25 employees.
                                             revocation of providers or suppliers                    wireless uses while balancing desired
                                                                                                                                                           Congressional Review Act
                                             who fail to submit fingerprints, to                     speed to the market, efficiency of use,
                                             instead specify that a waiver application               and effectively accommodating                           The Commission will send a copy of
                                             will be rejected if the provider or                     incumbent Fixed Satellite Service (FSS)               this Order in a report to be sent to
                                             supplier fails to submit the required                   and Fixed Service (FS) operations in the              Congress and the Government
                                             fingerprints within 30 days.                            band.                                                 Accountability Office pursuant to the
                                                • Waiver of 1866(j)(3)(B) of the Act,                                                                      Congressional Review Act (CRA), see 5
                                                                                                     DATES:  The certification requirements                U.S.C. 801(a)(1)(A).
                                             which requires program instruction or                   are adopted effective August 20, 2018;
                                             regulatory interpretation in order to                   except for Earth Station and Space                    I. Introduction
                                             implement section 1866(j)(3) of the Act,                Station Information Collections in                       1. In this proceeding, the Commission
                                             Provisional Period of Enhanced                          paragraphs 7–12, which contain                        is pursuing the joint goals of making
                                             Oversight for New Providers of Services                 information collection requirements that              spectrum available for new wireless
                                             and Suppliers. CMS intends to                           have not been approved by the Office of               uses while balancing desired speed to
                                             implement the requirements of section                   Management and Budget. The FCC will                   the market, efficiency of use, and
                                             1866(j)(3) of the Act for purposes of this              publish a document in the Federal                     effectively accommodating incumbent
                                             Demonstration and in the absence of                     Register announcing the effective date                Fixed Satellite Service (FSS) and Fixed
                                             regulation or other instruction in order                for those requirements.                               Service (FS) operations in the band. To
                                             to allow for a 1-year period of enhanced
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      gain a clearer understanding of the
                                             oversight of newly enrolling providers                                                                        operations of current users in the 3.7–
                                             and suppliers under this Demonstration.                 Christopher Bair of the International
                                                                                                                                                           4.2 GHz band, the Commission is
                                                • Waiver of section 1866(j)(8) of the                Bureau, Satellite Division, at 202–418–
                                                                                                                                                           requiring certifications and collecting
                                             Act and the regulations at 42 CFR                       0945 or christopher.bair@fcc.gov. For
                                                                                                     information regarding the Paperwork                   information on current FSS uses.
                                             424.545, 42 CFR part 498, subparts D
                                             and E, and 42 CFR 405.803(b), which                     Reduction Act contact Cathy Williams,                 II. Background
                                             allow a provider or supplier the right to               Office of Managing Director, at (202)
                                                                                                                                                              2. In the 2017 Mid-Band Notice of
                                             request a hearing with an administrative                418–2918 or cathy.williams@fcc.gov.                   Inquiry (Mid-Band NOI), the
                                             law judge and the Department Appeals                    SUPPLEMENTARY INFORMATION:      This is a             Commission began an evaluation of
                                             Board in the case of denial. Under this                 summary of the Commission’s Order,                    whether spectrum in-between 3.7 GHz
                                             Demonstration, denials of applications                  GN Docket No. 18–122, FCC 18–91,                      and 24 GHz can be made available for
                                             for a waiver may be appealed at a CMS                   adopted on July 12, 2018, and released                flexible use—particularly for wireless
                                             level only, and any applicant to the                    on July 13, 2018. The complete text of                broadband services.1
                                             Demonstration will waive their right to                 this document is available for public
                                             further appeal.                                                                                               III. Order: Collecting Information on
                                                                                                     inspection and copying from 8 a.m. to
                                                • Waiver of 1866(j)(7) of the Act and                                                                      Satellite Usage of the Band
                                                                                                     4:30 p.m. Eastern Time (ET) Monday
                                             the regulations at 42 CFR 424.570 and                   through Thursday or from 8 a.m. to                       3. The record in response to the Mid-
                                             455.470, which specify that the                         11:30 a.m. ET on Fridays in the FCC                   Band NOI reflects that the
                                             moratoria must be implemented at a                      Reference Information Center, 445 12th                Commission’s information regarding
                                             provider or supplier type level, in order               Street SW, Room CY–A257,                              current use of the band is inaccurate
                                             to allow a case-by-case waiver process                  Washington, DC 20554. The complete                    and/or incomplete. Therefore, the
                                             to moratoria.                                           text is available on the Commission’s                 Commission is collecting additional
                                               Dated: August 6, 2018.                                website at http://wireless.fcc.gov, or by             information to make an informed
                                                                                                     using the search function on the ECFS                 decision about the proposals discussed
                                             Seema Verma,
                                                                                                     web page at http://www.fcc.gov/cgb/                   herein—including the scope of future
                                             Administrator, Centers for Medicare &
                                                                                                     ecfs/. Alternative formats are available              FSS, FS, and potential mobile use of the
                                             Medicaid Services.
                                                                                                     to persons with disabilities by sending               band and the appropriate transition
                                             [FR Doc. 2018–17809 Filed 8–16–18; 4:15 pm]
                                                                                                     an email to fcc504@fcc.gov or by calling              methodology. It is important that the
                                             BILLING CODE 4120–01–P
                                                                                                     the Consumer & Governmental Affairs                   Commission obtain a clear
                                                                                                     Bureau at (202) 418–0530 (voice), (202)               understanding of the operations of
                                                                                                     418–0432 (tty).                                       current users in the band. This user data
                                             FEDERAL COMMUNICATIONS                                                                                        will be vital to our consideration of how
                                             COMMISSION                                              Paperwork Reduction Act                               much spectrum could be made
                                                                                                       The Commission, as part of its                      available, how incumbent operators
                                             47 CFR Part 25                                                                                                could be protected, accommodated, or
                                                                                                     continuing effort to reduce paperwork
                                             [GN Docket Nos. 18–122, 17–183, RM–                     burdens, intends to invite the general                relocated, and the overall structure of
                                             11791, RM–11778; FCC 18–91]                             public and the Office of Management                   the band going forward.
                                                                                                     and Budget (OMB) to comment on the                       4. In furtherance of the Commission’s
                                             Expanding Flexible Use of the 3.7 to                                                                          goals of fostering more efficient and
                                                                                                     information collection requirements
                                             4.2 GHz Band                                                                                                  intensive use of the 3.7–4.2 GHz band
                                                                                                     contained in this document, as required
                                             AGENCY:  Federal Communications                         by the Paperwork Reduction Act of                     as expeditiously as possible while
                                                                                                     1995, Public Law 104–13. In addition,                 protecting existing operations in the
daltland on DSKBBV9HB2PROD with RULES




                                             Commission.
                                                                                                     pursuant to the Small Business                        band from harmful interference, by this
                                             ACTION: Final action.
                                                                                                     Paperwork Relief Act of 2002, Public                  Order the Commission adopts the
                                             SUMMARY:    In this document, the Federal               Law 107–198, see 44 U.S.C. 3506(c)(4),                  1 Expanding Flexible Use in Mid-Band Spectrum
                                             Communications Commission                               the Commission will also seek specific                Between 3.7 and 24 GHz, GN Docket No. 17–183,
                                             (Commission or FCC) adopts                              comment on how we might further                       Notice of Inquiry, 32 FCC Rcd 6373 (2017) (Mid-
                                             certification and information collection                reduce the information collection                     Band NOI).



                                        VerDate Sep<11>2014   17:41 Aug 17, 2018   Jkt 244001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1


                                             42044             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                             certification and information collection                is necessary to inform the Commission’s                     • how often the equipment is used
                                             requirements described in paragraphs                    decisions in this proceeding. Although                    and the duration of such use (i.e., please
                                             5–12 below. The Commission and the                      the Commission does not require FSS                       provide examples of typical
                                             public will use the information                         earth station operators to provide                        deployments, e.g., operation x days a
                                             collected to evaluate future use of the                 additional information on their existing                  week at sports arenas within a radius of
                                             3.7–4.2 GHz band. The information may                   operations at this time, the Commission                   y miles of its home base);
                                             also be used in defining incumbent                      intends to seek comment on protecting                        • number of transponders typically
                                             earth stations to be protected from                     only those earth stations licensed or                     used in the 3.7–4.2 GHz band and extent
                                             harmful interference consistent with                    registered in IBFS for which the                          of use on both the uplink and downlink;
                                             parameters that may be developed in                     licensee/registrant timely files the                      and
                                             this proceeding. FSS operators may                      certification required in this Order (to                     • licensee/registrant and point of
                                             request confidential treatment of some                  the extent they registered before April                   contact information.
                                             or all of the information that they                     19, 2018). The Commission also intends                       8. These data are needed to better
                                             submit, consistent with the                             to seek comment on whether further                        understand the use of the band by
                                             Commission’s rules.2                                    earth station information should be                       temporary fixed or transportable
                                                5. Earth Station Data.— In order to                  collected in the future to facilitate more                operations. IBFS does not reflect the
                                             evaluate the potential for a flexible use               efficient use of the 3.7–4.2 GHz band.4                   variations in the locations or
                                             allocation in the 3.7–4.2 GHz band and                     7. Further, to account for the variable                intermittent use of such operations. This
                                             determine how much spectrum could be                    nature of temporary fixed or                              presents unique challenges for
                                             made available, the Commission must                     transportable earth stations,5 the                        establishing a means of protecting
                                             evaluate the existing earth station usage               Commission orders all such operations                     temporary fixed or transportable
                                             of C-band satellites—including location                 to submit additional information about                    operations against harmful interference.
                                             and technical data that may be                          their operations regardless of when they                     9. The Commission directs the
                                             necessary to mitigate harmful                           were licensed or registered. This                         Wireless Telecommunications Bureau,
                                             interference. This information will                     information shall include:                                International Bureau, and Office of
                                             assist the Commission in determining                       • Earth station call sign (or IBFS file                Engineering and Technology (the
                                             whether earth stations will need to be                  number if a registration filed between                    Bureaus) to issue a Public Notice that
                                             protected as well as how they may need                  April 19, 2018 and October 17, 2018, is                   will: (1) Provide detailed instructions
                                             to be protected depending on how the                    pending);                                                 for earth station licensees or registrants
                                             Commission moves forward with                              • geographic location where the                        to file certifications regarding existing
                                             increasing the intensity of terrestrial use             equipment is typically stored;                            information in IBFS; (2) establish a
                                                                                                        • the area within which the                            window for initial filings of
                                             of the band. It will also allow the
                                                                                                     equipment is typically used;                              certifications; and (3) outline the details
                                             Commission to evaluate the feasibility
                                             of the various transition proposals.                                                                              for temporary fixed or transportable
                                                6. The Commission directs operators
                                                                                                     GN Docket No. 17–183, WTB Docket No. 18–122,              earth stations to submit the information
                                                                                                     Public Notice, DA 18–398 at 1 (IB/PSHSB/WTB               requested above. Because the
                                             of FSS earth stations, including                        Apr. 19, 2018), 83 FR 21746 (May 10, 2018);
                                             temporary fixed or transportable earth                  International Bureau Announces 90-Day Extension           Commission may use these data to
                                             stations, in the 3.7–4.2 GHz band that                  of Filing Window, to October 17, 2018, to File            inform its deliberations regarding the
                                                                                                     Applications for Earth Stations Currently Operating       future use of the 3.7–4.2 GHz band,
                                             are licensed or registered (authorized) in              in 3.7–4.2 GHz Band, Filing Options for Operators
                                             International Bureau Filing System                      with Multiple Earth Station Antennas, Public
                                                                                                                                                               including possible interference
                                             (IBFS) to certify the accuracy of all                   Notice, DA 18–639 (IB Jun. 21, 2018), 83 FR 35454         avoidance coordination or relocation of
                                             information reflected on their license or               (July 26, 2018) (collectively, the Earth Station Filing   facilities, the Commission encourages
                                                                                                     Window Public Notices).                                   FSS earth station operators to update
                                             registration in IBFS. Given that they                      4 NCTA—The Internet & Television Association

                                             recently will have filed for new or                     filed an ex parte suggesting that this information
                                                                                                                                                               their information in the event of a
                                             modified licenses or registrations in                   collection order was not properly noticed under the       change in any of the operational
                                             IBFS, the Commission exempts from                       Administrative Procedure Act (APA). Letter from           parameters.
                                                                                                     Danielle Piñeres, NCTA, to Marlene Dortch, FCC,             10. Space Station Data.—In order to
                                             this Order those operators that file                    GN Docket No. 18–122 at 1–3 (filed July 2, 2018).
                                             between April 19, 2018, and October 17,                 While the Commission has discretion to seek               evaluate the potential for a flexible use
                                             2018, using the processes outlined in                   comment before undertaking an information                 allocation in the 3.7–4.2 GHz band and
                                             the Earth Station Filing Window Public
                                                                                                     collection, it has never taken the position that such     to determine how much spectrum could
                                                                                                     comment is a necessary prerequisite. Because the          be made available, it is also necessary to
                                             Notices, including those that filed                     information collection adopted here is designed
                                             without coordination.3 This certification               solely to obtain the information necessary to             evaluate the existing FSS downlink
                                                                                                     evaluate whether to adopt future Commission rules,        capacity of C-band satellites. This
                                                                                                     it has no direct ‘‘future effect’’ and as such is not     information will assist the Commission
                                               2 Although the Broadband Access Coalition
                                                                                                     a rule requiring notice under the APA. See 5 U.S.C.
                                             argues that all of the information required to be       551(4); see also 44 U.S.C. 3507(c) (providing for
                                                                                                                                                               in determining whether there is
                                             submitted by earth stations is ‘‘is no different from   PRA approval of an information collection not             sufficient capacity in the upper portion
                                             the detailed technical information provided, and        contained in a proposed rule). After adoption of the      of the C-band to accommodate
                                             made publicly available, for wireless providers in      present Order, the Commission will comply with
                                             other services,’’ and thus should not be afforded                                                                 customers vacating transponders from
                                                                                                     the PRA’s requirements, including by seeking
                                             confidential treatment, Broadband Access Coalition      public comment on, and Office of Management and           the lower portion of the C-band. It will
                                             June 29, 2018 Ex Parte Letter, GN Docket No. 18–        Budget approval of, the final information collection      also allow the Commission to evaluate
                                             122, at 4, the Commission will review and assess        before it becomes effective. As is permitted by the       the feasibility of various transition
                                             requests for confidential treatment for the             PRA, 44 U.S.C. 3506(c)(1)(B)(iii), this information
                                             information submitted in response to this               collection is mandatory, but this Order does not
                                                                                                                                                               proposals.
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                                             information collection according to the procedures      specify any penalty for failure to respond.                  11. Accordingly, operators with
                                             set forth in the Commission’s rules. See 47 CFR            5 A temporary fixed or transportable earth station     existing FSS space station licenses or
                                             0.459.                                                  is a fixed earth station that remains at a location for   grants of United States market access in
                                               3 See Temporary Freeze on Applications for New        less than six months. See 47 CFR 25.277.                  the 3.7–4.2 GHz band shall provide the
                                             or Modified Fixed Satellite Service Earth Stations      Operations from these fixed stations are on a
                                             and Fixed Microwave Stations in the 3.7–4.2 GHz         temporary basis and therefore variable in nature. A       following information:
                                             Band; 90-Day Window to File Applications for Earth      satellite news gathering truck is a common example           • Satellite call sign, name, and orbital
                                             Stations Currently Operating in 3.7–4.2 GHz Band,       of a temporary fixed or transportable earth station.      location;


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                                                                Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                         42045

                                                • expected end-of-life for satellite;                 Federal Register. The Commission also                Competition Policy Division, Room 5–
                                                • the approximate dates that any                      directs the Bureaus to consider whether              C225, 445 12th St. SW, Washington, DC
                                             additional C-band satellites with a                      additional information should be                     20554, (202) 418–2783, sherwin.siy@
                                             currently pending application in IBFS                    collected from either FSS earth station              fcc.gov. For additional information
                                             are planned for launch to serve the                      operators or satellite licensees and to              concerning the Paperwork Reduction
                                             United States market (note whether this                  seek notice and comment regarding the                Act information collection requirements
                                             satellite is a replacement);                             need to initiate a second information                contained in this document, send an
                                                • whether any additional C-band                       collection if such additional information            email to PRA@fcc.gov or contact Nicole
                                             satellites that do not have a currently                  is necessary to supplement the                       Ongele at (202) 418–2991.
                                             pending application in IBFS are                          information submitted in this                        SUPPLEMENTARY INFORMATION: This is a
                                             planned for launch to serve the United                   proceeding.                                          summary of the Commission’s Report
                                             States market and the approximate date                                                                        and Order in WC Docket Nos. 17–244
                                             of such launch (note whether this                        IV. Ordering Clauses
                                                                                                                                                           and 13–97; FCC 18–95, adopted July 12,
                                             satellite is a replacement);                                13. It is further ordered that pursuant           2018 and released July 13, 2018. The
                                                • for each transponder operating in                   to section 4(i) of the Communications                full text of this document is available for
                                             the 3.7–4.2 GHz range that is                            Act of 1934, as amended, that this Order             public inspection during regular
                                             operational and legally authorized to                    is adopted effective upon publication in             business hours in the FCC Reference
                                             serve customers in the United States, for                the Federal Register. This Order                     Information Center, Portals II, 445 12th
                                             the most recent month,6 provide the                      contains information collection                      Street SW, Room CY–A257, Washington
                                             following:                                               requirements subject to the Paperwork                DC 20554. It is available on the
                                                • the frequency range of transponder                  Reduction Act of 1995 that are not                   Commission’s website at https://
                                             and transponder number; 7                                effective until approved by the Office of            docs.fcc.gov/public/attachments/FCC-
                                                • the capacity in terms of the number                 Management and Budget.                               18-95A1.pdf.
                                             of megahertz on each transponder that                       14. It is further ordered that the notice
                                             are currently under contract (also                       of inquiry, GN Docket No. 17–183,                    Synopsis
                                             provide this data for one month in                       Expanding Flexible Use in the Mid-Band               I. Introduction
                                             2016); 8                                                 Spectrum Between 3.7–24 GHz, adopted
                                                • For each day in the most recent                                                                             1. The systems we use to make and
                                                                                                      on August 3, 2017, is terminated as to
                                             month, please provide the percentage of                                                                       route telephone calls are changing. With
                                                                                                      the 3.7–4.2 GHz band.
                                             each transponder’s capacity (megahertz)                                                                       this Report and Order (Order), we set
                                                                                                      Federal Communications Commission.                   the stage for more efficient use of the
                                             utilized and the maximum capacity
                                             utilized on that day. (Parties should use                Marlene Dortch,                                      telecommunications network and pave
                                             the most recent month of data and                        Secretary, Office of the Secretary.                  the way for nationwide number
                                             provide the date range at which the data                 [FR Doc. 2018–17296 Filed 8–17–18; 8:45 am]          portability (NNP). We eliminate rules
                                             was collected; they may also                             BILLING CODE 6712–01–P                               that were intended for a market that was
                                             supplement the data with historical                                                                           divided along more static, segmented
                                             trend data over recent months up to                                                                           categories of telecommunications
                                             three years if they feel it displays                     FEDERAL COMMUNICATIONS                               providers. Those rules are far less
                                             utilization variances);                                  COMMISSION                                           applicable to today’s more integrated
                                                • the center frequency and bandwidth                                                                       providers and pricing plans, and the
                                             of the Telemetry Tracking and                            47 CFR Parts 51 and 52                               North American Numbering Council has
                                             Command beam(s); and                                     [WC Docket Nos. 17–244, 13–97; FCC 18–               identified them as barriers to the
                                                • the call sign and geographic                        95]                                                  achievement of NNP.
                                             location (using NAD83 coordinates) of                                                                            2. We forbear from the interexchange
                                             each TT&C receive site.                                  Nationwide Number Portability;                       dialing parity requirements for
                                                12. The Commission will seek                          Numbering Policies for Modern                        competitive local exchange carriers
                                             approval from the Office of Management                   Communications                                       (LECs), creating a more level playing
                                             and Budget (OMB) before the                                                                                   field with the incumbent LECs who
                                                                                                      AGENCY:  Federal Communications                      received forbearance from the
                                             information collection becomes
                                                                                                      Commission.                                          interexchange dialing parity obligations
                                             effective, and following OMB approval,
                                             the Commission will publish notice of                    ACTION: Final rule.                                  in 2015, and ensuring that both
                                             the effective date of the information                                                                         categories of LECs will be able to route
                                                                                                      SUMMARY:   In this document, the Federal             calls more efficiently in a future NNP
                                             collection and filing deadline in the                    Communications Commission                            environment. We also ease the
                                                6 The ‘‘most recent month’’ will be defined in the
                                                                                                      (Commission) adopts final rules based                requirement that the second-to-last
                                             Bureaus’ forthcoming public notice and will be a
                                                                                                      on public comments to promote                        carrier handling a call request query the
                                             month following release of this Order.                   nationwide number portability. These                 local number portability database,
                                                7 For purposes of this information collection,        rules eliminate unnecessary toll                     allowing any carriers earlier in the chain
                                             ‘‘transponder number’’ refers to a standard 36           interexchange dialing parity                         to make the query if they so choose.
                                             megahertz wide transponder and that transponder          requirements and database query
                                             numbering (1–24) is based on the former center-                                                               This greater flexibility allows carriers in
                                             frequency requirement for C-band space stations.         requirements that may result in                      the call path to determine who is best
                                             See 47 CFR 25.211(a) (2014). While this rule is no       obstacles and inefficiencies in an                   placed to bear the costs of performing
                                             longer in effect, most satellites providing service to   eventual nationwide number portability
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                                             the United States in the 3.7–4.2 GHz band are                                                                 the query, and also ensures that any
                                                                                                      regime.                                              carrier—including originating carriers—
                                             configured in accordance with the transponder plan
                                             described in the rule.                                   DATES: Effective September 19, 2018.                 can perform the query, a necessary step
                                                8 The information collected will provide
                                                                                                      FOR FURTHER INFORMATION CONTACT: For                 in certain NNP solutions.
                                             comparative data of transponder usage over time
                                             and allow the Commission and the public to
                                                                                                      further information about this                          3. These changes will help set the
                                             evaluate options for the future use of the 3.7–4.2       proceeding, please contact Sherwin Siy,              stage for further progress towards
                                             GHz band.                                                FCC Wireline Competition Bureau,                     implementation of number portability


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Document Created: 2018-08-18 01:29:24
Document Modified: 2018-08-18 01:29:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal action.
DatesThe certification requirements are adopted effective August 20, 2018; except for Earth Station and Space Station Information Collections in paragraphs 7-12, which contain information collection requirements that have not been approved by the Office of Management and Budget. The FCC will publish a document in the Federal Register announcing the effective date for those requirements.
ContactChristopher Bair of the International Bureau, Satellite Division, at 202-418-0945 or [email protected] For information regarding the Paperwork Reduction Act contact Cathy Williams, Office of Managing Director, at (202) 418-2918 or [email protected]
FR Citation83 FR 42043 

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