G/TBT/N/USA/2025  
2 August 2023  
(23-5230) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Communications Commission (FCC) [2057]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicate d if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  42 GHz 
band; Radiocommunications (ICS code(s): 33.060); Mobile services in general ( ICS 
code(s): 33.070.01); Satellite (ICS code(s): 33.070.40); Electromagnetic compatibility 
(EMC) (ICS code(s): 33.100)  
5. Title, number of pages and language(s) of the notified document:  Shared Use of 
the 42 -42.5 GHz Band; (25 page(s), in English), (11 pa ge(s), in English)  
6. Description of content:  Proposed rule; solicitation of comment - In this document , the 
Federal Communications Commission (Commis sion or FCC) seeks comment on how 
innovative, non -exclusive spectrum access models might be deployed in the 42 GHz band 
(42–42.5 GHz) to provide increased access to high -band spectrum, particularly by smaller 
wireless service providers, and to support effi cient, intensive use of the band. The 
Commission also seeks comment on how potential sharing and licensing regimes might 
lower barriers to entry for smaller or emerging wireless service providers, encourage 
competition, and prevent spectrum warehousing.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Quality requirements; Cost saving and productivity enhancement  
8. Relevant documents:   
88 Federal Register 49423, 31 July 2023; Title 47 Code of Federal Regulations (CFR) Part 
0: 
https://www.govinfo.gov/content/pkg/FR -2023-07-31/html/2023 -16167.htm  
https://www.govinfo.gov/content/pkg/FR -2023-07-31/pdf/2023 -16167.pdf  
https://docs.fcc.gov/public/attachments/FCC -23-51A1.pdf  G/TBT/N/USA/2025  
 
- 2 - 
 
  This proposed rule; solicitation of comment is identified by Docket Number 23 -158. The 
Docket Folder is available on the FCC's website at https://www.fcc.gov/edocs/search -
results?t=quick&dockets=23 -158 and provides access to associated documents as well 
as comments received (if any). Documents are also ac cessible from the FCC's Electronic 
Document Management System ( EDOCS ) by searching the Docket Number. Comments 
are due on or before 4pm Eastern Time  30 August 2023; reply comments are due on or 
before 29 September 2023. WTO  Members and their stakeholders are asked to submit 
comments to the USA TBT Enquiry Point by or before 4pm Eastern Time  30 August 2023;. 
Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the FCC 
Electronic Comment Filing System (ECFS) if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  30 August 2023; Reply comments are due on or before 29 
September 2023. Written comments on the Paperwork Reduction Act proposed 
information collection requirements must be submitted by the public, the Office of 
Management and Budget (OMB), and other interested parties on or before 29 September 
2023. Written comments on the Initial Regulatory Flexibility Analysis (IRFA) in this 
document must have a separate and distinct heading designating them as responses to 
the IRFA and must be submitted by the public on or before 30 August 2023.  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://www.govi nfo.gov/content/pkg/FR -2023-07-31/pdf/2023 -16167.pdf  
The above is a link to a summary; the full text of this document is available at:  
https://docs.fcc.gov/public/attachments/FCC -23-51A1.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_11417_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_11417_01_e.pdf