[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Proposed Rules]
[Pages 1188-1193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00155]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 95
[GN Docket No. 12-354; FCC 12-148]
Commercial Operations in the 3550-3650 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes to create a new
Citizens Broadband Radio Service under part 95 of its rules for shared
small cell use in the 3550-3650 MHz band (3.5 GHz Band). The Commission
seeks comment on other techniques that could be used to manage access
within the 3.5 GHz band as well as protections for incumbent Department
of Defense (DoD) and Fixed Satellite Service (FSS) users. The
Commission also seeks comment on how the unique characteristics of
small cells may help reduce the need for geographic protections and
enable shared access of the 3.5 GHz Band across the widest possible
geographic footprint. In addition, the Commission offers a supplemental
proposal to integrate the 3650-3700 MHz band within the proposed
Citizens Broadband Service, thereby encompassing an additional 50
megahertz of contiguous spectrum. This approach would leverage the
benefits of small cell technology to enable widespread broadband access
to the 3.5 GHz Band while minimizing the possibility of harmful
interference to incumbent DoD and FSS users.
DATES: Submit comments on or before February 20, 2013 and reply
comments on or before March 22, 2013.
ADDRESSES: You may submit comments, identified by GN Docket No. 12-354,
by any of the following methods:
Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
Mail: All hand-delivered or messenger-delivered paper
filings for the Commission's Secretary must be delivered to FCC
Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554.
The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes and boxes
must be disposed of before entering the building. Commercial overnight
mail (other than U.S. Postal Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be
addressed to 445 12th Street SW., Washington DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Paul Powell, Attorney Advisor,
Wireless Bureau's Mobility Division, at (202) 744-3597 or
Paul.Powell@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking and Order (NPRM), in GN Docket No. 12-354, FCC
12-148, adopted and released December 12, 2012. The full text of this
document is available for inspection and copying during normal business
hours in the FCC Reference Center, 445 12th Street SW., Washington, DC
20554. The complete text may be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-
B402, Washington, DC 20554, (202)488-5300, facsimile (202) 488-5563, or
via email at Fcc@bcpiweb.com. The full text may also be downloaded at:
www.fcc.gov. Alternative formats are available to persons with
disabilities by sending an email to fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Synopsis of the NPRM
I. Introduction
1. With this NPRM, the Federal Communications Commission
(Commission) propose to create a new Citizens Broadband Service in the
3550-3650 MHz band (3.5 GHz Band) currently utilized for military and
satellite operations, which will promote two major advances that enable
more efficient use of radio spectrum: small cells and spectrum sharing.
The 3.5 GHz Band was identified by the National Telecommunications and
Information Administration (NTIA) for shared federal and non-federal
use in the 2010 Fast Track Report. See NTIA, An Assessment of the Near-
Term Viability of Accommodating Wireless Broadband Systems et al, at
http://www.ntia.doc.gov/files/ntia/publications/fasttrackevaluation_11152010.pdf. Our proposal builds on our experience with spectrum
sharing in the television white spaces (TVWS), proposes ideas teed up
in our recent Notice of Inquiry on Dynamic Spectrum Access
technologies, and broadly reflects recommendations made in a recent
report by the President's Council of Advisors on Science and Technology
(PCAST). See PCAST, Report to the President: Realizing the Full
Potential of Government-Held Spectrum to Spur Economic Growth at http://www.whitehouse.gov/sites/default/files/microsites/ostp/pcast_spectrum_report_final_july_20_2012.pdf. We also seek comment on
whether to include under these proposed new, flexible rules the
neighboring 3650-3700 MHz band,
[[Page 1189]]
which is already used for commercial broadband services. Together,
these proposals would make up to 150 megahertz of contiguous spectrum
available for innovative mobile and fixed wireless broadband services
without displacing mission-critical incumbent systems.
2. Demand for wireless broadband capacity is growing much faster
than the availability of new spectrum. While the Commission and the
President have outlined a path for nearly doubling the amount of
available spectrum for fixed and wireless broadband uses, some experts
forecast a need for a thousand-fold increase in wireless capacity by
2020. To meet this demand, future generations of wireless technology
and services must continue to increase their yield of bits per hertz
per second. Future wireless traffic demands also require new wireless
network architectures and new approaches to spectrum management.
3. The PCAST Report identifies two technological advances as
holding great promise for increasing our nation's wireless broadband
capabilities. First, increased use of small cell network deployments
can multiply wireless capacity within existing spectrum resources. See
PCAST Report at vi, 17-20. Second, increased spectrum sharing can make
large swaths of otherwise ``stovepiped'' spectrum--nationwide bands set
aside for important, but localized, government and non-government
uses--newly available for broadband use. The proposed Citizens
Broadband Service would foster the widespread utilization of both of
these technological advances and promote the efficient use of the 3.5
GHz Band.
4. Small cells are low-powered wireless base stations intended to
cover targeted indoor or localized outdoor areas ranging in size from
homes and offices to stadiums, shopping malls, hospitals, and
metropolitan outdoor spaces. Typically, they provide wireless
connectivity in areas that present capacity and coverage challenges to
traditional wide-area macrocell networks. Small cells can be deployed
relatively easily and inexpensively by consumers, enterprise users, and
service providers. Networks that incorporate small cell technology can
take advantage of greater ``reuse'' of scarce wireless frequencies,
greatly increasing data capacity within the network footprint. For
example, deploying ten small cells in a location in place of a single
macro cell could result in a tenfold increase in capacity, using the
same quantity of spectrum. Small cells can also be used to help fill in
coverage gaps created by buildings, tower siting difficulties, and/or
challenging terrain.
5. Spectrum sharing in this context refers to the use of automated
techniques to facilitate the coexistence of disparate unaffiliated
spectrum dependent systems that would conventionally require separate
bands to avoid interference. Such coexistence may happen, for example,
by authorizing targeted use of new commercial systems in specific
geographical areas where interference into incumbent systems is not a
problem. The need to minimize interference risks has caused, over time,
much spectrum to be reserved for ``high value'' systems that protect
national security, safety of life, etc. For example, the military may
need spectrum for advanced radar systems or hospitals may deploy
networks to enable real-time monitoring of patient vital signs.
However, many of these uses are highly localized in nature. Therefore,
more agile technologies and sharing mechanisms could potentially allow
large quantities of special-purpose federal and non-federal spectrum to
be used for more general purposes, such as commercial broadband
services, on a shared basis.
6. The 3.5 GHz Band appears to be an ideal band in which to propose
small cell deployments and shared spectrum use. The NTIA Fast Track
Report identified the 3.5 GHz Band for potential shared federal and
non-federal broadband use. Incumbent uses in the band include high
powered Department of Defense (DoD) radars as well as non-federal Fixed
Satellite Service (FSS) earth stations for receive-only, space-to-earth
operations and feeder links. In the adjacent band below 3550 MHz there
are high-powered ground and airborne military radars. The Fast Track
Report recommended, based on the commercial wireless broadband
technology that was assessed, that new commercial uses of the band
occur outside of large ``exclusion zones.'' For this reason, and
because of limited signal propagation at 3.5 GHz, the commercial
wireless industry has expressed a viewpoint that the 3.5 GHz Band would
not be particularly well-suited for macrocell deployment, with some
suggesting that it might be more appropriate for fixed wireless or
unlicensed use. We agree with the PCAST Report that the perceived
disadvantages of the 3.5 GHz Band might be turned into advantages from
the standpoint of promoting spectrum sharing and small cell innovation.
Such a paradigm could vastly increase the usability of the band for
wireless broadband.
7. We propose to structure the Citizens Broadband Service according
to a multi-tiered shared access model that reflects the PCAST
recommendation. We propose that the Citizens Broadband Service be
managed by a spectrum access system (SAS) incorporating a dynamic
database and, potentially, other interference mitigation techniques.
The SAS would ensure that Citizens Broadband Service users operate only
in areas where they would not cause harmful interference to incumbent
users and could also help manage interference protection among
different tiers of Citizens Broadband Service users. The three tiers of
service would be: (1) Incumbent Access; (2) Priority Access; and (3)
General Authorized Access (GAA). We seek comment on this approach. In
addition, consistent with the Fast Track Report, we propose to protect
existing federal systems operating in the 3.5 GHz Band and seek comment
on appropriate allocation models to accomplish the goals set forth in
this Notice.
8. We propose that the Incumbent Access tier would consist solely
of authorized federal and grandfathered licensed FSS 3.5 GHz Band
users. These Incumbent Access users would be protected from harmful
interference from Citizens Broadband Service users through appropriate
regulatory and technical means. Citizens Broadband Service users would
not be permitted to operate within geographically designated Incumbent
Use Zones, which would encompass the geographic area where low-powered
small cells could cause harmful interference to incumbent operations.
We seek comment on whether the use of small cell technology
incorporating lower power levels and other distinguishing technical
characteristics compared to higher power cellular architecture systems
could significantly reduce the exclusion zones proposed in NTIA's Fast
Track Report. Outside of these zones, the SAS would manage Citizens
Broadband Service access and would ensure that lower tiered users would
not operate in a manner that would cause harmful interference to
federal and FSS users in the 3.5 GHz Band.
9. The Priority Access tier would consist of a portion of the 3.5
GHz Band designated for small cell use by certain critical, quality-of-
service dependent users at specific, targeted locations. We seek
comment on who these eligible users should be and suggest that they
could include hospitals, utilities, state and local governments, and/or
other users with a distinct need for reliable, prioritized access to
broadband spectrum at specific, localized facilities.
[[Page 1190]]
We expect that the availability of the Priority Access tier could bring
the benefits of mass-market commercial scale to specialized uses and
provide a new alternative to dedicated spectrum, which is in short
supply. In order to prevent an expectation of quality of service in
areas where such an expectation might not be warranted, Priority Access
operations would only be permitted in geographic zones with no
likelihood of harmful interference from Incumbent Access users and no
expectation of harmful interference from Citizens Broadband Service
users to Incumbent Access users. Priority Access users would be
required to register in the SAS and accorded protection from
interference from lower tier users and other Priority Access users
within their local facilities.
10. The General Authorized Access (GAA) tier would be assigned for
use by the general public on an opportunistic, non-interfering basis
within designated geographic areas. GAA users could include a wide
range of residential, business, and others, including wireless
telephone and Internet service providers. We propose to authorize GAA
use in zones where small cell use would not interfere with incumbent
operations. Unlike the Priority Access tier, we propose to allow GAA
use in areas where some interference from incumbent operations might be
expected. We also propose that GAA users be required to register in the
SAS and comply with all applicable technical, regulatory, and
enforcement rules to ensure that GAA users avoid causing harmful
interference to Incumbent Access and Priority Access users and always
accept harmful interference from such users. We also seek comment on
whether federal entities could be authorized GAA users. We seek comment
on what technologies could be used to enable effective GAA use of the
3.5 GHz Band.
11. Under our main proposal, users in the Priority Access and GAA
tiers would be licensed by rule as Citizens Broadband Service users
under part 95 of the Commission's rules. A license-by-rule approach
would provide individuals, organizations, and service providers with
``automatic'' authorization to deploy small cell systems, in much the
same way that our Part 15 unlicensed rules have allowed widespread
deployment of Wi-Fi access points. In the present context, we believe
licensing by rule provides two advantages compared to unlicensed
authorization. First, as a licensed service, 3.5 GHz Band operations
would enjoy greater interference protection status in the Table of
Frequency Allocations consistent with the proposed multi-tiered
approach. Second, licensing by rule might allow for a more unified
authorization framework for multiple tiers of users that otherwise
might fall into different parts of the Commission's rules. We seek
comment on whether the proposed framework could be implemented through
other regulatory approaches, including through the part 15 unlicensed
rules or through geographic area licensing. We also seek comment on the
benefits that could accrue to federal users through use of the Citizens
Broadband Service.
12. We also offer a supplemental proposal to integrate the 3650-
3700 MHz band within the proposed Citizens Broadband Service, thereby
encompassing an additional 50 megahertz of contiguous spectrum. The
Commission currently licenses the 3650-3700 MHz band on a non-exclusive
basis, with protections for incumbent FSS operations. The 3650-3700 MHz
band is used extensively by wireless Internet service providers, among
others, to provide commercial broadband service. Expanding the Citizens
Broadband Service to include this band could bring benefits of greater
spectrum availability and equipment scale economies to current 3650-
3700 MHz licensees. Under our proposal, the SAS would authorize
existing licensees as GAA users in the larger, combined band, and would
authorize higher power levels in less congested areas, provided there
is no risk of harmful interference to Incumbent Access or Priority
Access operations. This proposal contemplates conversion of the
existing non-exclusive licensing framework to the license-by-rule
framework proposed herein. We also note that the 3650-3700 MHz band is
currently allocated on a primary basis to the federal radiolocation
service in three locations. We seek comment on the potential impact of
these proposed changes in the use of the 3650-3700 MHz band on these
and other incumbent operations.
13. If implemented, the new Citizens Broadband Service could help
address the ongoing capacity shortage and promote new innovations in
broadband technology, deployment, and spectrum management while
protecting incumbent authorized federal and grandfathered FSS users. In
order to develop a comprehensive record on this proposal, we seek
comment on a wide range of technical, licensing, and other related
issues. To that end, we seek comment on: (1) Appropriate licensing
schemes; (2) specific flexible and resilient interference mitigation
technologies and techniques that could be implemented by Citizens
Broadband Service users; (3) appropriate deployment strategies for
Citizens Broadband Service devices; and (4) the SAS dynamic database
that is envisioned to manage access to and use of the 3.5 GHz Band. To
ensure the development of a comprehensive record, we may release
additional notices, analyses, or white papers for comment during the
course of this proceeding. Moreover, because this proceeding raises
significant novel technical issues with respect to sharing with federal
users, we expect to work closely with NTIA and relevant federal
agencies to perform necessary further analysis, and we encourage
commenters to provide relevant technical input to inform this analysis,
where appropriate.
14. Freeze on New Earth Stations. To preserve the stability of the
spectral environment in the 3.5 GHz Band and ensure that opportunities
continue to exist for wireless broadband services as proposed in the
foregoing Notice, we direct the International Bureau to stop accepting
applications in the 3600-3650 MHz band for new earth stations in the
fixed-satellite service that are more than 10 statute miles from a
licensed earth station's coordinates for the duration of this
proceeding. This application freeze is narrowly tailored to ensure a
stable spectral ecosystem for the proposed Citizens Broadband Service,
while providing reasonable opportunities to obtain suitable real estate
for the placement of new FSS earth station facilities near
grandfathered earth stations. In light of the limited number of such
grandfathered stations, such a freeze is expected to meet the immediate
needs of earth station operators without significantly reducing the
availability of spectrum for wireless broadband services by prohibiting
expansion of new FSS earth stations in the 3600-3650 MHz band segment.
15. The decision to impose this freeze is procedural in nature, and
therefore the freeze is not subject to the notice and comment
requirements of the Administrative Procedure Act. Moreover, for the
reasons set forth above, in these circumstances there is good cause to
find that notice and comment are impractical, unnecessary, and contrary
to the public interest because it would undercut the purposes of the
freeze. For the same reasons, and in order to avoid undercutting the
purposes of the freeze, we find that there is good cause for making the
freeze effective as of the release date of this NPRM.
[[Page 1191]]
II. Procedural Matters
A. Ex Parte Rules
16. The proceeding this NPRM initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b). In proceedings governed by
Sec. 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
17. We exempt from the disclosure requirement under our ex parte
rules all ex parte presentations made by NTIA or Department of Defense
representatives. This NPRM raises significant technical issues
implicating federal and non-federal spectrum allocations and users.
Staff from NTIA, DoD, and the FCC have engaged in technical discussions
in the development of this Notice, and we anticipate these discussions
will continue after this NPRM is released. We believe that these
discussions will benefit from an open exchange of information between
agencies, and may involve sensitive information regarding the strategic
federal use of the 3.5 GHz Band. Recognizing the value of federal
agency collaboration on the technical issues raised in this Notice,
NTIA's shared jurisdiction over the 3.5 GHz Band, the importance of
protecting federal users in the 3.5 GHz Band from interference, and the
goal of enabling spectrum sharing to help address the ongoing spectrum
capacity crunch, we find that this exemption serves the public
interest.
B. Filing Requirements
18. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, interested parties may file comments and reply comments on or
before the dates indicated on the first page of this document. Comments
may be filed using: (1) The Commission's Electronic Comment Filing
System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3)
by filing paper copies.
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/
or the Federal eRulemaking Portal: http://www.regulations.gov.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. 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.
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. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. The filing
hours are 8:00 a.m. to 7:00 p.m.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
19. Comments, reply comments, and ex parte submissions will be
available for public inspection during regular business hours in the
FCC Reference Center, Federal Communications Commission, 445 12th
Street SW., CY-A257, Washington, DC 20554. These documents will also be
available via ECFS. Documents will be available electronically in
ASCII, Microsoft Word, and/or Adobe Acrobat.
20. To request information in accessible formats (Braille, large
print, electronic files, audio format), send an email to fcc504@fcc.gov
or call the FCC's Consumer and Governmental Affairs Bureau at (202)
418-0530 (voice), (202) 418-0432 (TTY). This document can also be
downloaded in Word and Portable Document Format (PDF) at: http://www.fcc.gov.
21. For additional information on this proceeding, please contact
Paul Powell of the Wireless Telecommunications Bureau at (202) 418-1613
or Paul.Powell@fcc.gov.
C. Paperwork Reduction Act of 1995 Analysis
22. This document contains proposed 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. Public and agency comments
are due March 11, 2013. Comments should address: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; (d) ways to minimize
the burden of the collection of information on the respondents,
including the use of automated collection techniques or other forms of
information technology; and (e) way to further reduce the information
collection burden on small business concerns with fewer than 25
employees. In addition, pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek
specific comment on how we might further reduce the information
collection burden for small business concerns with fewer than 25
employees.
23. In addition to filing comments with the Secretary, a copy of
any comments on the Paperwork Reduction Act information collection
requirements contained herein should be submitted to
[[Page 1192]]
the Federal Communications Commission via email to PRA@fcc.gov and to
Nicholas A. Fraser, Office of Management and Budget, via email to
Nicholas_A._Fraser@omb.eop.gov or via fax at 202-395-5167.
D. Initial Regulatory Flexibility Analysis
24. As required by the Regulatory Flexibility Act of 1980 (RFA),
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) relating to the foregoing Notice. Written public comments are
requested on the IRFA. These comments must be filed in accordance with
the same filing deadlines as comments filed in response to this NPRM as
set forth on the first page of this document and have a separate and
distinct heading designating them as responses to the IRFA.
1. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
25. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. See 5 U.S.C. 603(b)(3). The
RFA generally defines the term ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' See 5 U.S.C. 601(6). In addition,
the term ``small business'' has the same meaning as the term ``small-
business concern'' under the Small Business Act. See 5 U.S.C. 601(3). A
small-business concern'' is one which: (1) Is independently owned and
operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the SBA. See 15 U.S.C.
632.
26. In the following paragraphs, the Commission further describes
and estimates the number and type of small entities that may be
affected by the proposals set forth in the Notice. However, since the
3.5 GHz Band is not currently used by small businesses for terrestrial
broadband, the proposed new service is unlikely to impose significant
new burdens on small businesses. However, if our proposals were
adopted, small businesses that choose to use the Citizens Broadband
Service on a Priority Access or GAA basis would most likely be required
to comply with new registration and compliance requirements, including
registration in the SAS. In addition, any device manufacturers that
choose to manufacture devices for use in the 3.5 GHz Band will have to
ensure that such devices comply with any rules adopted in this
proceeding. Finally, if our supplemental proposal to incorporate the
3650-3700 MHz band into the proposed Citizens Broadband Service is
adopted, these new rules will apply to any small businesses currently
licensed to operate in the 3650-3700 MHz band.
27. Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. The proposals set forth in the Notice, may, over time,
affect small entities that are not easily categorized at present. We
therefore describe here, at the outset, three comprehensive, statutory
small entity size standards that encompass entities that could be
directly affected by the proposals under consideration. As of 2009,
small businesses represented 99.9% of the 27.5 million businesses in
the United States, according to the SBA. Additionally, a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
Nationwide, as of 2007, there were approximately 1,621,315 small
organizations. Finally, the term ``small governmental jurisdiction'' is
defined generally as ``governments of cities, counties, towns,
townships, villages, school districts, or special districts, with a
population of less than fifty thousand.'' Census Bureau data for 2007
indicate that there were 89,527 governmental jurisdictions in the
United States. We estimate that, of this total, as many as 88,761
entities may qualify as ``small governmental jurisdictions.'' Thus, we
estimate that most governmental jurisdictions are small.
28. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular phone services,
paging services, wireless Internet access, and wireless video services.
The appropriate size standard under SBA rules is for the category
Wireless Telecommunications Carriers (except satellite). The size
standard for that category is that a business is small if it has 1,500
or fewer employees. For this category, census data for 2007 show that
there were 1,383 firms that operated for the entire year. Of this
total, 1,368 firms had 999 or fewer employees and 15 had 1000 employees
or more. Thus, under this category and the associated small business
size standard, the Commission estimates that the majority of wireless
telecommunications carriers (except satellite) are small entities that
may be affected by our proposed action.
29. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. The Census Bureau defines this category as
follows: ``This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has developed a small business size
standard for firms in this category, which is: all such firms having
750 or fewer employees. According to Census Bureau data for 2002, there
were a total of 1,041 establishments in this category that operated for
the entire year. Of this total, 1,010 had employment of under 500, and
an additional 13 had employment of 500 to 999. Thus, under this size
standard, the majority of firms can be considered small.
30. 3650-3700 MHz Band Licensees. In March 2005, the Commission
released an order providing for the nationwide, non-exclusive licensing
of terrestrial operations, utilizing contention-based technologies, in
the 3650 MHz band (i.e., 3650-3700 MHz). As of April 2010, more than
1270 licenses have been granted and more than 7433 sites have been
registered. The Commission has not developed a definition of small
entities applicable to 3650-3700 MHz band nationwide, non-exclusive
licensees. However, we estimate that the majority of these licensees
are Internet Access Service Providers (ISPs) and that most of those
licensees are small businesses.
2. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
31. Under the Commission's proposal, all Citizens Broadband Service
devices must comply with technical and operational requirements aimed
at preventing interference to Incumbent Access and Priority Access
users, including: complying with technical parameters (e.g., power and
unwanted emission limits) as well as RF exposure requirements for the
type of device; and incorporation of geo-location capabilities.
Citizens Broadband Service users would be required to register such
devices in the SAS.
32. In addition, if our supplemental proposal to incorporate the
3650-3700
[[Page 1193]]
MHz band into the proposed Citizens Broadband Service is adopted, small
businesses operating in this band will be required to transition from
the current non-exclusive nationwide licensing approach to the Citizens
Broadband Service license-by-rule approach. This will likely entail
additional costs and administrative burdens. In the NPRM, we seek
comment on the extent of any such potential burdens.
33. While our proposals would require small businesses to register
in the SAS and comply with the rules established for the Citizens
Broadband Service, they would receive the ability to access spectrum
that is currently unavailable to them. On balance, this would
constitute a significant benefit for small business.
3. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
34. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.''
See 5 U.S.C. 603(c)(1)-(c)(4).
35. In the NPRM, the Commission proposes that all Citizens
Broadband Service users register in the SAS which will manage
interference between different tiers of users. The NPRM specifically
invites comments on a range of potential technical, legal, and policy
aspects of its proposal, including equipment authorization requirements
and the specific mechanics of the SAS. At this time, the Commission has
not excluded any alternative proposal concerning the operation of the
Citizens Broadband Service from its consideration, but it would do so
in this proceeding if the record indicates that a particular proposal
would have a significant and unjustifiable adverse economic impact on
small entities. The Commission also solicits alternative licensing
proposals, especially those that would not incur significant and
unjustifiable adverse impacts on small entities.
36. With regard to the supplemental proposal to include the 3650-
3700 MHz band, we seek comment on the costs and benefits of extending
the Citizens Broadband Service to this band. We also specifically seek
comment on the projected cost to existing 3650-3700 MHz licensees and
the amount of time it would take such licensees to transition to the
new proposed licensing regime.
4. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
37. None.
E. Congressional Review Act
38. The Commission will not send a copy of the foregoing Order
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A),
because the application freeze implemented in such Order is a rule of
agency organization, procedure, or practice that does not substantially
affect the rights or obligations of non-agency parties. Id. at
804(3)(C).
III. Ordering Clauses
39. Pursuant to sections 1, 2, 4(i), 4(j), 7, 301, 302(a), 303,
307(e), and 316 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 152, 154(i), 154(j), 157, 301, 302(a), 303, 307(e), and
316, this NPRM and Order in GN Docket No. 12-148 is adopted.
40. License applications for new earth stations in the fixed
satellite service, which would receive on frequencies in the 3600-3650
MHz band on a primary basis, filed on or after December 12, 2012, shall
not be accepted unless frequencies in this same band are currently
licensed to an earth station within 10 miles of the requested
coordinates.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-00155 Filed 1-7-13; 8:45 am]
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