34478 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 25 and 30 

[GN Docket No. 14–177; WT Docket No. 10– 

112; FCC 18–73] 

Use of Spectrum Bands Above 24 GHz 

for Mobile Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) adopts rules for 

specific millimeter wave bands above 24 

GHz. A proposed rule document for the 

Third Further Notice of Proposed 

Rulemaking (3rd FNPRM) related to the 

Final rule document for the Third 

Report and Order and Memorandum 

Opinion and Order (3rd R&O) is 

published elsewhere in this issue of the 

Federal Register. 

DATES: Effective August 20, 2018, except 

for the amendments to § 25.136, which 

contain information collection 

requirements that are not effective until 

approved by the Office of Management 

and Budget. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

for those amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Schauble of the Wireless 

Telecommunications Bureau, 

Broadband Division, at (202) 418–0797 

or John.Schauble@fcc.gov, Michael Ha 

of the Office of Engineering and 

Technology, Policy and Rules Division, 

at 202–418–2099 or Michael.Ha@

fcc.gov, or Jose Albuquerque of the 

International Bureau, Satellite Division, 

at 202–418–2288 or Jose.Albuquerque@

fcc.gov. For information regarding the 

PRA information collection 

requirements contained in this PRA, 

contact Cathy Williams, Office of 

Managing Director, at (202) 418–2918 or 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Third 

Report and Order and Memorandum 

Opinion and Order (3rd R&O), GN 

Docket No. 14–177, FCC 18–73, adopted 

on June 7, 2018 and released on June 8, 

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 fcc504@fcc.gov or by calling 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (tty). 

Supplemental Final Regulatory 

Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980 (RFA), the 

Commission has prepared a Final 

Regulatory Flexibility Analysis (FRFA) 

of the possible significant economic 

impact on small entities of the policies 

and rules adopted in the Third Report 

and Order. 

Congressional Review Act 

The Commission will send a copy of 

this Report and 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). 

Synopsis 

I. Introduction 

1. The Commission continues its 

effort to make available millimeter wave 

(mmW) spectrum, at or above 24 GHz, 

for fifth-generation (5G) wireless, 

Internet of Things, and other advanced 

spectrum-based services. In the 3rd 

R&O, the Commission addresses 

pending issues regarding FSS sharing 

and operability in the 24 GHz band, as 

well as pending issues regarding 

performance requirements and mobile 

spectrum holdings policies for the 

mmW bands authorized for flexible use. 

With respect to the 37–37.6 GHz band 

(Lower 37 GHz band), the Commission 

resolves pending petitions for 

reconsideration, establish a band plan, 

and in the 3rd FNPRM, the Commission 

seeks comment on a more detailed 

framework to facilitate Federal and nonFederal use. In addition, the 

Commission proposes to make 

additional spectrum in the 42–42.5 GHz 

(42 GHz band) and 25.25–27.5 GHz 

band (26 GHz band) available for 

flexible wireless use, while recognizing 

the need to protect and provide 

continued opportunities for Federal use 

of this band. The Commission notes that 

it will consider other bands and issues 

raised in this proceeding in future 

Commission items. 

2. The Commission’s efforts in this 

proceeding to make mmW spectrum 

available for wireless uses is vital to 

ensuring continued American 

leadership in wireless broadband. That 

leadership represents a critical 

component of economic growth, job 

creation, public safety, and global 

competitiveness. The Commission will 

continue to take steps to facilitate access 

to additional low-band, mid-band, and 

high-band spectrum for the benefit of 

American consumers, including holding 

an auction of the 28 GHz band starting 

in November followed by an auction of 

the 24 GHz band. 

II. Background 

3. On November 22, 2017, the 

Commission released the 2nd R&O, 2nd 

FNPRM, Order on Recon, and MO&O in 

this proceeding. See 83 FR 37. In 

relevant parts, the 2nd R&O authorized 

the 24 GHz band and the 47.2–48.2 GHz 

band (47 GHz band) for flexible wireless 

use; it declined to set pre-auction limits 

on the amount of spectrum an entity 

may acquire at auction in the 24 GHz 

and 47 GHz bands; and it revised the 

mmW spectrum threshold for reviewing 

proposed secondary market transactions 

to 1850 megahertz by including the 24 

GHz and 47 GHz bands. The 2nd 

FNPRM sought comment on five issues. 

First, the Commission proposed to 

license Fixed-Satellite Service (FSS) 

earth stations in the 24.75–25.25 GHz 

band on a co-primary basis under the 

provisions in Section 25.136(d) 

applicable to the 47 GHz band. Second, 

the Commission sought comment on 

adopting additional performance 

metrics tailored to Internet of Things 

(IoT)-type deployments. Third, the 

Commission proposed to eliminate the 

pre-auction limit of 1250 megahertz that 

the R&O had adopted for the 28 GHz, 37 

GHz and 39 GHz bands. Fourth, the 

Commission proposed to require that 

any equipment capable of operating 

anywhere within the 24 GHz band must 

be capable of operating across the entire 

24 GHz band, on all frequencies in both 

band segments. Finally, the Commission 

invited commenters to submit new 

studies or data on bands under 

consideration by the Commission, as 

well as comments on additional bands 

the Commission should consider. 

4. The Commission received 15 

comments and 12 reply comments. A 

list of commenters, reply commenters, 

and ex parte filings is contained in the 

List of Commenters to the 2nd FNPRM. 

No petitions for reconsideration of the 

2nd R&O were filed. SOM1101, LLC 

filed a comment addressing the issue of 

allowing satellite user equipment in the 

37.5–40 GHz band. Comment of 

SOM1101 LLC (filed Jan. 23, 2018). In 

the MO&O, the Commission declined to 

authorize satellite user equipment in the 

37.5–40 GHz band. Because SOM1101’s 

comment neither acknowledges nor 

seeks reconsideration of the MO&O’s 


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decision, the Commission will not give 

further consideration to this issue. 

III. Third Report and Order 

A. Performance Requirements— 

Geographic Area Metric 

5. Background. In the R&O, the 

Commission moved away from a 

substantial service regime in the mmW 

bands by adopting a defined set of 

metrics for performance requirements 

for Upper Microwave Flexible Use 

Service (UMFUS). UMFUS licensees 

relying on mobile or point-to-multipoint 

service must show that they are 

providing reliable signal coverage and 

service to at least 40 percent of the 

population within the service area of the 

licensee, and that they are using 

facilities to provide service in that area 

either to customers or for internal use. 

Licensees relying on point-to-point 

service must demonstrate that they have 

four links operating and providing 

service, either to customers or for 

internal use, if the population within 

the license area is equal to or less than 

268,000. If the population within the 

license area is greater than 268,000, a 

licensee relying on point-to-point 

service must demonstrate it has at least 

one link in operation and is providing 

service for each 67,000 population 

within the license area. Showings that 

rely on a combination of multiple types 

of service will be evaluated on a caseby-case basis. This reliance on fixed 

metrics was a change from the buildout 

rules formerly applicable to 28 GHz and 

39 GHz licensees, which used a 

substantial service standard. In the 

FNPRM, the Commission sought 

comment on expanding this list of 

metrics by adopting a performance 

metric designed to accommodate IoTtype deployments. In the 2nd FNPRM, 

the Commission sought comment more 

specifically on a geographic area metric 

that might accommodate IoT or other 

services deployed along non-traditional 

lines, while still measuring a 

meaningful level of service in a proven 

way. 

6. Discussion. The Commission 

adopts a geographic area metric for 

UMFUS licenses, to be included in the 

existing list of performance metrics from 

which licensees may choose, as an 

additional alternative to meeting the 

Commission’s performance 

requirements. Consistent with the 

option on which the Commission sought 

comment in the 2nd FNPRM, licensees 

may fulfill the requirements of this 

metric either by demonstrating mobile 

or point-to-multipoint coverage of at 

least 25% of their license’s geographic 

area, or by showing the presence of 

equipment transmitting or receiving on 

the licensed spectrum in at least 25% of 

census tracts within the license area. 

The Commission believes the 25% level 

would maintain parity with the 40% 

population coverage metric. As with the 

Commission’s previously-adopted 

metrics, equipment must be in use and 

actually providing service, either for 

private, internal use or to unaffiliated 

customers, in order to be counted. This 

metric, like the Commission’s 

previously-adopted metrics, may be 

used by any UMFUS licensee, regardless 

of the type of service deployed. 

7. The Commission emphasizes that 

this geographic area metric is an 

additional alternative for licensees, not 

a supplemental requirement. If a 

licensee deploying IoT systems finds 

that the Commission’s existing mobile 

or fixed metrics better fit their needs, it 

is welcome to use either of those metrics 

instead. As the Commission has 

emphasized since the R&O, all licensees 

may choose the particular metric they 

wish to satisfy, and the adoption of this 

metric merely expands their list of 

choices. Without the adoption of this 

additional choice of metric, licensees 

would have only the mobile or fixed 

options through which to demonstrate 

their compliance with the Commission’s 

performance requirements. While the 

Commission continues to support its 

previous conclusion that it is too soon 

to design a usage-based metric that will 

be technology- and use case-neutral, it 

believes it is important to provide some 

additional option for UMFUS licensees 

whose deployments may not track 

residential population, or that may not 

involve traditional higher-power fixed 

links, as will likely be the case for some 

IoT-type services. The Commission’s 

adoption of a geographic area metric is 

responsive to the calls from commenters 

for greater flexibility. In the interest of 

providing licensees with as much 

flexibility and certainty as possible in 

advance of the Commission’s 

contemplated auctions of UMFUS 

spectrum, the Commission does not 

believe it is appropriate to delay the 

adoption of an additional choice of 

metric to future rounds of this 

proceeding. 

8. The objections raised by, and 

alternative suggestions offered by 

commenters, are not persuasive. With 

respect to calls for entirely different 

regimes, such as substantial service or 

site-based licensing, the Commission 

has already determined that geographic 

area licensing with the performance 

requirements that the Commission 

adopted in the Report and Order strikes 

the best balance between flexibility for 

licensees and accountability in ensuring 

efficient use of mmW spectrum. The 

Commission notes that it has also 

designated a total of fourteen gigahertz 

of unlicensed spectrum in the mmW 

bands, and that it seeks further 

comment on the sharing regime it has 

adopted for the lower 37 GHz band. 

B. Operability in the 24 GHz Band 

9. Background. The 24 GHz band 

consists of two band segments: The 

lower segment, from 24.25–24.45 GHz, 

and the upper segment, from 24.75– 

25.25 GHz. In the 2nd R&O, the 

Commission adopted UMFUS licensing 

and technical rules for the 24 GHz band. 

The Commission also proposed to adopt 

an operability requirement for the 24 

GHz band. Under this requirement, any 

mobile or transportable equipment 

capable of operating in any portion of 

the 24 GHz band must be capable of 

operating at all frequencies within the 

24 GHz band, in both band segments. 

10. Discussion. The Commission 

adopts its proposal to require 

operability throughout the 24 GHz band. 

Any mobile or transportable equipment 

capable of operating on any frequency 

between 24.24–24.45 GHz or 24.75– 

25.25 GHz must be capable of operating 

on all frequencies in those ranges. This 

requirement will support competition 

by ensuring a robust device ecosystem 

throughout the band. Given the 

separation of the 24 GHz band into two 

different segments, the Commission 

believes an operability requirement is 

important to supporting development of 

the lower portion of the band. 

11. The Commission reiterates that 

this operability requirement in no way 

dictates the use of any particular 

technology or air interface. The 

Commission also emphases that this 

operability requirement is specific to the 

24 GHz band, and does not extend to 

other UMFUS bands. The 28 GHz band 

and the 37 and 39 GHz bands also have 

operability requirements, but those are 

separate and independent from the one 

the Commission adopts for the 24 GHz 

band. Devices are not required to 

operate across all UMFUS bands. While 

one commenter expresses concern about 

the ability to filter signals from the 

24.45–24.75 GHz band, it ultimately 

supports the operability requirement, 

and it does not provide any technical 

analysis in support of its concern. 

12. In addition, as the Commission 

noted in the 2nd R&O, ongoing 

international studies include analyses to 

determine IMT–2020 out-of-band 

emission limits necessary to protect 

passive sensors onboard weather 

satellites in the 23.6–24.0 GHz band. 

The Commission recognizes the need to 

protect these passive satellite operations 


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that provide important data necessary 

for weather predictions and warnings. 

Given that this is a matter of interest to 

multiple stakeholders internationally 

and that the Commission cannot predict 

the outcome, it finds it inappropriate to 

adopt U.S.-only limits that may need to 

be modified at a later time. Once 

interference protection standards are 

agreed upon internationally the 

Commission will, if necessary, consider 

through notice and comment whether 

any modification of its current out-ofband limits may be needed. The 

Commission encourages non-Federal 

operators in the 24 GHz band to monitor 

these studies and to plan their systems, 

to the extent possible, to take into 

account the potential for additional 

future protection of passive sensors in 

the 23.6–24.0 GHz band. 

C. 24 GHz FSS Sharing 

13. Background. The U.S. Table of 

Frequency Allocations (U.S. Table) 

currently includes primary, nonFederal, Fixed, Mobile and FixedSatellite Service (FSS) (Earth-to-space) 

allocations in the 24.75–25.25 GHz 

band. Footnote NG535 to the U.S. Table 

provides feeder links in the 

Broadcasting-Satellite Service (BSS) 

priority over other FSS uses in the 

24.75–25.05 GHz band segment, and 

restricts FSS use of the 25.05–25.25 GHz 

band segment to feeder links for the 

BSS. In the 2nd R&O the Commission 

adopted a primary Fixed Service 

allocation in the 24.75–25.05 GHz band 

segment, added a primary Mobile 

Service allocation in the 24.75–25.25 

GHz band segment, and authorized both 

mobile and fixed operations in those 

bands under the part 30 UMFUS rules. 

The Commission did not make changes 

to its current rules at that time, but 

decided instead to seek comment in the 

2nd FNPRM in conjunction with a 

proposal to allow more flexible use of 

the band for FSS earth stations. 

14. In the 2nd FNPRM, the 

Commission proposed to license FSS 

earth stations in 24.75–25.25 GHz band 

on a co-primary basis under the 

provisions contained in Section 

25.136(d), which currently applies to 

the 47 GHz band, by adding the 24.75– 

25.25 GHz band to this rule section. 

This change would limit availability of 

the 24.75–25.25 GHz band for FSS to 

individually-licensed FSS earth stations 

that meet the same specific licensing 

requirements applicable to earth 

stations in the 47 GHz band. The 

Commission also sought comment on 

adding a U.S. Table footnote specifying 

the relative interference protection 

obligations of FSS and UMFUS stations 

in this band. In addition, the 

Commission proposed various 

conforming modifications to certain 

earth station application requirements. 

The Commission sought comment on 

these proposals and on possible actions 

needed to address the potential for 

aggregate interference from terrestrial 

users into satellite systems in the band. 

15. To provide for more flexible FSS 

use of the 24.75–25.25 GHz band, the 

Commission proposed to eliminate 

footnote NG535, thereby making this 

band available for general FSS uplink 

operations without restricting these 

operations to, or affording priority for, 

the provision of feeder links for 17/24 

GHz BSS space stations. To further 

increase flexibility for all FSS uses in 

this new sharing regime, the 

Commission also proposed to eliminate 

the Petitions for Reconsideration of 

Spectrum Frontiers Report and Order 

addressed herein orbital-location 

restrictions for 17/24 GHz BSS space 

stations specified in Section 25.262(a), 

thus providing more flexibility to these 

BSS operations. Consistent with these 

proposals, the Commission proposed 

several other rule changes to part 25 of 

its rules to harmonize the treatment of 

BSS feeder links with other FSS 

transmissions. Specifically, the 

Commission proposed the following 

rule changes: (1) Modify Section 25.138 

to extend applicability of the Ka-band 

off-axis EIRP density limits in paragraph 

(a) to the 24.75–25.25 GHz band, and 

then to eliminate the nearly identical 

BSS feeder link-specific earth station 

off-axis EIRP density limits for the 

24.75–25.25 GHz band in Section 

25.223(b); (2) add the 24.75–25.25 GHz 

band to the list of frequency bands in 

our general FSS earth station 

coordination rules in Section 25.220(a), 

thereby permitting us to eliminate the 

coordination provisions contained in 

Sections 25.223(c) and (d); (3) remove 

and reserve Section 25.223, because 

there would be no need for these 

provisions, which provide an alternative 

means of licensing BSS feeder links, and 

also eliminate cross references to 

Section 25.223 contained in Section 

25.209(f); (4) eliminate Section 

25.204(e)(4), which contains rain fade 

specifications specific to 17/24 GHz BSS 

feeder link transmissions, and instead 

include the 24.75–25.25 GHz band in 

paragraph (e)(3), which contains nearly 

identical Ka-band FSS rain fade 

specifications; (5) modify the 

interference-showing requirements for 

FSS applicants in Section 25.140(a) to 

make clear its applicability to FSS 

(Earth-to-space) transmissions to 17/24 

GHz BSS space stations; (6) add a new 

subparagraph (iv) to Section 25.140(a) 

requiring applicants for space stations 

receiving uplinks in the 24.75–25.25 

GHz band to certify, among other things, 

that the earth stations transmitting to 

such space stations will not exceed the 

off-axis EIRP density limits in Section 

25.138(a); (7) modify the definitions of 

‘‘routine processing or licensing’’ and 

‘‘two-degree compliant space station’’ 

contained in Section 25.103; (8) 

eliminate the operational requirements 

associated with the Appendix F orbitallocation constraints in Section 25.262 

by deleting paragraphs (a) and (d), and 

modifying paragraphs (b) and (e); (9) 

modify Sections 25.140(b), (c) and (d) to 

reflect changes in the interference 

showing required by 17/24 GHz BSS 

applicants, which is currently defined 

in part by the applicant’s orbital 

position relative to Appendix F 

locations; (10) delete Section 25.262(b) 

to eliminate an operational requirement 

made moot; (11) delete Appendix F 

specific requirements contained in 

Section 25.114(d)(17); (12) eliminate a 

reference in Section 25.114(d)(7) to a 

deleted subparagraph in Section 

25.140(b); and (13) modify the crosspolarization isolation requirement in 

Section 25.210(i) to making clear that it 

applies only to 17/24 GHz BSS space-toEarth transmissions, to provide for 

consistent treatment of 17/24 GHz 

feeder uplinks with other FSS 

transmissions in the 24.75–25.25 GHz 

band. 

16. Discussion. After review of the 

record, the Commission modifies the 

FSS earth station licensing proposal set 

out in the 2nd FNPRM so as to better 

provide FSS with additional capacity 

for satellite services while permitting 

substantial terrestrial use of the band. 

As with the 28 GHz and 47 GHz bands, 

the Commission finds generally that 

allowing a limited number of FSS earth 

stations in the 24.75–25.25 GHz band 

would further the public interest, and 

therefore provide for sharing of the 

24.75–25.25 GHz band by UMFUS and 

FSS earth stations, including BSS feeder 

link earth stations. Based on the record, 

the Commission adopts rules that 

incorporate certain sharing criteria 

applicable in the 27.5–28.35 GHz and 

47.2–48.2 GHz bands. Specifically, the 

Commission applies the permitted 

aggregate population limits within the 

specified earth station PFD contour on 

a per-county basis, similar to the 

requirement in the 27.5–28.35 GHz 

band, rather than the per-PEA limits 

applicable to the 47.2–48.2 GHz band. 

Additionally, as in the 47.2–48.2 GHz 

band, the Commission adopts 

constraints on the number of permitted 

earth stations not only in the county but 


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also in the UMFUS licensing area (PEA) 

in which the earth station is located. To 

reflect these requirements, the 

Commission adopts a new rule section 

25.136(g), which its find includes 

sufficient defined restrictions on earth 

station operations consistent with CCA’s 

request. 

17. The Commission will not adopt 

any operational requirements 

addressing limits on aggregate 

interference into satellite receivers at 

this time, as it does not believe such 

limits are justified by the current record, 

and the Commission received no 

specific proposals for such a rule. The 

Commission retains the authority to 

monitor developments and intervene to 

prevent unacceptable interference to 

satellites if that becomes necessary, but 

there is no evidence to date that 

suggests that any such intervention will 

be necessary. The Commission will 

amend footnote NG65 to the U.S. Table 

to include the 24.75–25.25 GHz band to 

make clear the relative interference 

protection obligations between the coprimary services. The Commission 

rejects CTIA’s argument that it should 

adopt a new footnote stating that certain 

shared frequency bands are identified 

predominantly for terrestrial mobile and 

fixed services on a primary basis. The 

Commission does not believe that this 

proposed footnote fulfills its intent to 

specify accurately the relative 

interference protection obligations of 

FSS and UMFUS stations in this band, 

and further, it would go beyond the 

scope of this rulemaking by including 

frequency bands apart from the 24.75– 

25.25 GHz band (i.e., the 28 GHz, 37 

GHz, 39 GHz, and 47 GHz bands). The 

Commission also adopts the proposed 

conforming modifications to Sections 

25.115(e) and 25.130(b), and delete the 

obsolete licensing requirements for the 

25.05–25.25 GHz band specified in 

Section 25.203(l). 

18. The Commission adopts its 

proposals to remove footnote NG535. In 

doing so, the Commission removes the 

restriction on FSS operations apart from 

BSS feeder links, in the 25.05–25.25 

GHz band segment, and eliminate the 

priority of BSS feeder links relative to 

other FSS operations in the 24.75–25.05 

GHz band. The Commission also 

eliminates the Appendix F orbitallocation restrictions contained in 

Section 25.262(a), which should give 

17/24 GHz BSS feeder link operators the 

same flexibility as other FSS operators 

in the band. FSS use beyond the 

provision of BSS feeder links is already 

permitted in the lower portion of the 

band, and the Commission believes that 

it will further spectrum efficiency to 

extend this same flexibility to other 

types of individually licensed FSS earth 

stations in the upper band segment. The 

Commission rejects T-Mobile’s 

argument that the Commission should 

constrain satellite operators’ use of the 

24.75–25.25 GHz band beyond limits 

placed on satellite operators in 

comparable UMFUS bands. Such a 

position is at variance with the 

Commission’s stated objectives in the 

Spectrum Frontiers proceeding to make 

available millimeter wave (mmW) bands 

for flexible wireless deployment while 

simultaneously adopting rules that will 

allow the mmW bands to be shared with 

other uses, including satellite, in bands 

where there are existing FSS allocations. 

The Commission also disagrees with 

AT&T that retention of subsection (a) in 

footnote NG535 is warranted, as it 

believes it would only serve to 

undermine its goals of increasing 

flexibility of use and spectrum 

efficiency. AT&T acknowledges that the 

Commission’s two-degree spacing 

requirements are sufficient to protect 

BSS feeder links from other FSS 

operations, and it provides no 

justification for retaining BSS feeder 

link priority in the 24.75–25.05 GHz 

portion of the band. 

19. The Commission received no 

opposition to its proposed rule changes 

to harmonize the treatment of FSS and 

BSS feeder link transmissions under its 

rules, nor any opposition on the 

associated conforming amendments. 

Accordingly, the Commission adopts 

these rule changes as elaborated above, 

for the reasons set forth in the 2nd 

FNPRM. The Commission will not 

however, include in the amended 

definition of ‘‘routine processing or 

licensing’’ in § 25.103 an exclusion for 

earth stations in the 24.75–25.25 GHz 

band as originally proposed in the 2nd 

FNPRM. Upon further consideration, 

this change is not necessary to 

accurately reflect our licensing 

procedures. In addition, as a 

consequence of eliminating the 

Appendix F orbital-location 

requirement in § 25.262(a), the 

Commission also deletes § 25.262(c)(2). 

This provision, which addresses 

cancelled or surrendered licenses 

relative specifically to Appendix F 

orbital locations, is moot. Once the rules 

become effective, these rule changes 

will ensure that all FSS transmissions in 

the 24.75–25.25 GHz band, including 

BSS feeder link transmissions, are 

subject to the Commission’s two-degree 

spacing requirements. The four-degree 

spacing regimen applicable to 17/24 

GHz BSS downlink transmissions 

however, will be unaltered, which SIA 

notes is an important predicate for its 

support of proposed changes to the 

Commission’s rules governing uplink 

band operations. 

D. Lower 37 GHz Band Plan 

20. Background. In the R&O, the 

Commission adopted rules to permit 

fixed and mobile terrestrial operation in 

the 37 GHz band. The Commission also 

adopted a licensing regime for the 37.6– 

38.6 GHz portion of the band (Upper 37 

GHz Band), which would be licensed in 

five 200 megahertz blocks on a 

geographic area basis. Rather than 

adopting a particular licensing regime 

for the Lower 37 GHz Band, the 

Commission made it available for 

coordinated co-primary sharing between 

Federal and non-Federal users. The 

Commission explained that Federal and 

non-Federal users would access the 

Lower 37 GHz Band through a 

coordination mechanism, which it 

would more fully develop through 

government/industry collaboration. 

21. In the FNPRM, the Commission 

sought comment, among other things, 

on the appropriate band plan for the 

Lower 37 GHz. The Commission 

proposed to establish a 100 megahertz 

minimum channel size. It also proposed 

to allow users to aggregate 100 

megahertz channels into larger channel 

sizes up to the maximum of 600 

megahertz where available. Starry and 

T-Mobile support the proposal to 

license 100 megahertz channels in the 

Lower 37 GHz band. No party opposed 

the proposal. 

22. Discussion. The Commission 

affirms the Commission’s decision to 

adopt a co-primary sharing approach for 

the Lower 37 GHz band and the 

Commission seeks additional comment 

on the details of that approach. Here, 

the Commission adopts the 

Commission’s proposal to license the 

Lower 37 GHz Band as six 100 

megahertz channels. This 

channelization will allow for a 

sufficient acquisition of spectrum by 

smaller users while still allowing for 

aggregation by larger entities. The 

Commission believes that 100 

megahertz channels will be sufficient 

for a licensee to provide the type of high 

rate data services, and other innovative 

uses and applications, contemplated for 

this spectrum. These smaller channels 

offer an opportunity to provide lowbarrier access to spectrum for new 

technologies and providers while also 

enhancing shared access methods and 

technologies between commercial and 

Federal users. 

E. Mobile Spectrum Holdings 

23. Background. The R&O established 

a pre-auction, bright-line limit of 1250 


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megahertz on the amount of mmW 

spectrum in the 28 GHz, 37 GHz, and 39 

GHz bands (R&O bands) that an entity 

could acquire at auction. In the 2nd 

R&O, the Commission declined to adopt 

a similar pre-auction limit on the 24 

GHz and 47 GHz bands, primarily 

because preemptive limits on the 

amount of spectrum an entity might 

acquire could unnecessarily inhibit 

participation at auction and discourage 

the development of spectrum-intensive 

services. Moreover, the Commission 

found that mmW technology currently 

is at a nascent stage of development and 

that there was insufficient information 

to predict the amount of spectrum 

needed for future still-to-be-developed 

services. No petitions for 

reconsideration were filed in response 

to the Commission’s decisions in the 

2nd R&O. In the 2nd FNPRM, the 

Commission proposed to eliminate the 

pre-auction limit of 1250 megahertz that 

the R&O had adopted for the R&O 

bands. Further, in the absence of any 

pre-auction limits, the Commission 

sought comment regarding whether it 

should apply a post-auction case-bycase review on all mmW spectrum 

available at auction. 

24. Discussion. The Commission 

adopts its proposal in the 2nd FNPRM 

to eliminate the pre-auction limit of 

1250 megahertz for the 28 GHz, 37 GHz, 

and 39 GHz bands. In the R&O, the 

Commission indicated that its 

consideration of whether to adopt a 

mobile spectrum holdings limit for the 

licensing of spectrum through 

competitive bidding—and, if so, what 

type of limit—would take into account 

several objectives, including: The 

promotion of competition in relevant 

markets; the acceleration of private 

sector deployment of advanced services; 

and generally managing the spectrum in 

the public interest. In reaching its 

decision to adopt a pre-auction 

spectrum aggregation limit for the 28 

GHz, 37 GHz, and 39 GHz bands, the 

Commission observed, among other 

things, that mmW spectrum is likely to 

be a critical component in the 

development of 5G and that pre-auction 

limits could encourage the development 

of innovative services to the benefit of 

the American consumer. The 

Commission continues to recognize that 

mmW spectrum is an important 

resource for the deployment of 5G and 

other advanced wireless services, as 

evidenced by the steps it takes in this 

3rd R&O, MO&O, and 3rd FNPRM to 

further promote this deployment. The 

Commission also notes that in addition 

to mmW spectrum, various providers 

have announced plans to develop 5G in 

other bands, such as 600 MHz and 2.5 

GHz, and have indicated an interest in 

using 3.5 GHz and 3.7–4.2 GHz for 5G. 

Overall, the Commission observes that 

there are a variety of spectral paths to 

5G deployment in the United States, 

and that accelerating this deployment, 

including through the use of mmW 

spectrum, is an increasingly important 

objective given the potential economic 

benefits. 

25. Thus, while technological 

development in the mmW bands 

remains in a nascent stage, the 

Commission’s balancing of objectives 

shifts towards facilitating rapid 5G 

deployment in the United States. In that 

context, and given the Commission’s 

balancing of various statutory 

objectives, the Commission weighs more 

heavily the risk that bright-line, preauction limits may restrict 

unnecessarily the ability of entities to 

participate and acquire spectrum in a 

mmW band auction. This could, in turn, 

unnecessarily constrain providers in 

their paths towards 5G deployment on 

mmW bands, limit their incentives to 

invest in these new services, and delay 

the realization of related economic 

benefits. The Commission is not 

inclined to adopt such limits on auction 

participation absent a clear indication 

that they are necessary to address a 

specific competitive concern In the case 

of the 28 GHz, 37 GHz, and 39 GHz 

bands, the Commission is not persuaded 

by commenters’ generalized assertions 

that a bright-line, pre-auction limit in 

these bands is necessary to protect 

competition in the provision of wireless 

services, particularly in light of its 

decision below to adopt a post-auction 

case-by-case review of spectrum in the 

UMFUS bands. The Commission 

emphases that the Commission has 

adopted rules to facilitate flexible 

terrestrial wireless use of 4950 

megahertz of mmW spectrum across five 

bands, which will be licensed in 

multiple blocks of different sizes and 

geographic areas, providing many 

spectrum opportunities for various 

types of auction bidders. In addition, 

given the similar technical 

characteristics and potential uses of the 

mmW spectrum for the R&O bands— 

relative to the 24 GHz and 47 GHz 

bands—the Commission sees no reason 

to reach a different conclusion regarding 

a pre-auction limit for the R&O bands 

than it reached for the 24 GHz and 47 

GHz bands. Moreover, treating certain 

UMFUS bands differently from others 

for purposes of a pre-auction limit 

would be inconsistent with the 

Commission’s policy of treating all five 

UMFUS bands the same for purposes of 

secondary market transactions. The 

Commission therefore concludes that 

entities bidding for licenses in the 24 

GHz, 28 GHz, 37 GHz, 39 GHz, and 47 

GHz bands should not be subject to 

bright-line, pre-auction limits on the 

amount of spectrum they may acquire at 

an auction of these bands. Consistent 

with the Commission’s rationale in the 

2nd R&O, the Commission concludes 

that this approach will maximize the 

opportunities in these bands for putting 

this mmW spectrum to efficient use. 

26. Although the Commission will not 

apply an ex ante bright-line limit to the 

acquisition of spectrum in the five 

UMFUS bands through auction, the 

Commission will conduct an ex post 

case-by-case review to the acquisition 

through auction of spectrum in the 

UMFUS bands. In particular, the 

Commission finds that it is in the public 

interest to review applications for initial 

licenses filed post-auction on a case-bycase basis using the same 1850 

megahertz threshold the Commission 

uses for reviewing applications for 

secondary market transactions. As noted 

above, the Commission continues to 

recognize that mmW spectrum is an 

important resource for the deployment 

of 5G and other advanced wireless 

services, as the Commission 

acknowledged in retaining the mmW 

spectrum threshold for secondary 

markets. Applying a post-auction caseby-case review will provide an 

opportunity to evaluate whether an 

applicant’s post-auction spectrum 

holdings would result in excessive 

concertation of licenses, in a manner 

consistent with the Commission’s 

obligations under Section 309(j)(3)(B). 

Moreover, the Commission finds that 

applying a case-by-case review to initial 

applications for spectrum won at 

auction is necessary to ensure that the 

public interest benefits of having a 

mmW spectrum threshold for reviewing 

proposed secondary market transactions 

are not rendered ineffective. In addition, 

unlike a bright-line pre-auction limit, a 

post-auction case-by-case review will 

provide flexibility to bidders and 

facilitate the assignment of licenses to 

those who value them the most. As is 

the case for the mmW spectrum 

threshold applied to secondary market 

transactions, the threshold the 

Commission will apply to review initial 

applications for spectrum won at 

auction merely identifies those markets 

that may warrant further competitive 

analysis. 

27. The Commission intends to 

conduct the same type of case-by-case 

review that the Commission anticipated 

in 2001 when it eliminated the CMRS 

spectrum cap, and that it articulated in 


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2008 in the context of the 700 MHz 

auction (Auction 73), but which it 

discontinued in the 2014 Mobile 

Spectrum Holdings Order. Case-by-case 

review permits bidders to participate 

fully in a mmW spectrum auction, while 

still allowing the Commission to assess 

the impact on competition from the 

assignment of initial mmW spectrum 

licenses, and to take appropriate action 

to preserve or protect competition only 

where necessary. Thus, for example, the 

Commission may allow a winning 

auction bidder to exceed the threshold 

if it finds that this would not foreclose 

other competitors from acquiring similar 

mmW spectrum. Further, as was the 

case under the Commission’s postauction case-by-case review that 

previously was applied, in the event 

that a divestiture is required before 

issuing any new licenses, the winning 

bidder likely would have greater 

flexibility to choose which spectrum to 

divest among its existing mmW 

spectrum holdings or winning bids, in 

a manner that nevertheless would 

address competitive concerns. 

28. In supporting such a case-by-case 

review, U.S. Cellular proposed a twotiered public interest framework that 

relied on band-specific spectrum 

concentration limits. The Commission 

rejects their proposal for specific inband limits for similar reasons as it 

articulated in the R&O and 2nd R&O, 

where it stated that, either at auction or 

in the secondary market, separate bandspecific limits are not necessary. 

Further, the Commission disagree with 

commenters that allege that a postauction case-by-case review creates 

uncertainty that is inconsistent with 

Section 309(j). The post-auction case-bycase review will be based on the 

standard articulated in the 2008 Union 

Telephone Order, and the Commission 

will apply this review to auctions of 

mmW bands going forward. Spectrum 

auctions were subject to this kind of 

review for a number of years before 

2014, and the Commission finds that it 

is similarly appropriate with respect to 

the mmW spectrum. The Commission 

finds that such a case-by-case review 

provides parties with a clear and 

familiar standard that the Commission 

and Bureau have used, and continue to 

use, in reviewing proposed secondary 

market transactions currently. In that 

regard, the Commission finds that postauction case-by-case review is likely to 

create sufficient bidder certainty 

consistent with Section 309(j)(3)(E) of 

the Communications Act, which 

emphasizes the need for clear bidding 

rules ‘‘to ensure that interested parties 

have a sufficient time to develop 

business plans, assess marketplace 

conditions, and evaluate the availability 

of equipment for the relevant services.’’ 

In addition, for the reasons discussed 

above, the Commission finds that the 

adoption of a post-auction case-by-case 

review for mmW spectrum is the best 

way to satisfy its obligation under 

another part of Section 309 to guard 

against the excessive concentration of 

licenses. 

IV. Memorandum Opinion and Order 

A. Licensing Lower 37 GHz 

29. Petitions for Reconsideration. 

CTIA, CCA, 5G Americas, TIA, and TMobile (Petitioners) filed Petitions for 

Reconsideration (Petitions) of the R&O 

asking the Commission to reconsider 

decisions it made regarding the 37 GHz 

band. First, CTIA, CCA, 5G Americas, 

and T-Mobile ask the Commission to 

reconsider its decision to adopt a 

Shared Access Licensing scheme for the 

lower band segment in which nonFederal users would be licensed by rule. 

CTIA, 5G Americas, CCA, and T-Mobile 

recommend that the Commission 

instead adopt exclusive area licensing in 

the 37–37.6 GHz band. Second, 5G 

Americas and TIA ask the Commission 

to reconsider its decision that Federal 

operations should have expansion rights 

in the Lower 37 GHz band. 

30. Discussion. The Commission 

denies the petitions of CTIA, CCA, 5G 

Americas, TIA, and T-Mobile under 

Section 1.429(b) of the Commission’s 

rules because the Commission has 

already considered and rejected the 

arguments raised by the petitioners in 

favor of exclusive area licensing. In their 

comments and reply comments to the 

NPRM, the petitioners urged the 

Commission to adopt an exclusive area 

licensing scheme for the 37–37.6 GHz 

band. In their petitions for 

reconsideration, they raise no new facts 

or arguments here. In the R&O, the 

Commission concluded that ‘‘[a]lthough 

there is support in the record to license 

the entire 37 GHz band by geographic 

area, the Commission finds that it is in 

the public interest to license a portion 

of this band on a non-exclusive shared 

basis, and to license the remainder of 

the band by geographic area to give 

potential licensees additional 

opportunity to access large blocks of 

spectrum or to use 37 GHz spectrum in 

combination with, and similarly to, 39 

GHz spectrum.’’ The Commission 

explained that ‘‘[a]llowing part of the 

band to be made available on a nonexclusive, shared basis will promote 

access to spectrum by a wide variety of 

entities, support innovative uses of the 

band, and help ensure that spectrum is 

widely utilized.’’ The Commission 

further explained that ‘‘[a]dopting 

geographic area licensing for the other 

portion of the band will expeditiously 

make spectrum available and allow 

common development of the 37 GHz 

and 39 GHz bands.’’ Thus, the 

Commission will not reconsider its 

decision to adopt a co-primary sharing 

scheme for the 37–37.6 GHz band and 

the Commission reaffirms its decision in 

the Report and Order. 

31. The Commission rejects CTIA’s 

argument that the Commission’s action 

was arbitrary and capricious because the 

Commission did not ‘‘provide reasoning 

for adopting an untested sharing model 

that requires licensees to coordinate 

with Federal parties, the latter of which 

has proven to be highly successful for 

the AWS–1 and AWS–3 bands.’’ In the 

R&O, the Commission explained that 

the sharing approach it adopted best 

enables ‘‘the band to be used for new 

commercial uses while simultaneously 

allowing fixed and mobile Federal use 

to expand.’’ The Commission added that 

‘‘[a]llowing part of the band to be made 

available on a non-exclusive, shared 

basis will promote access to spectrum 

by a wide variety of entities, support 

innovative uses of the band, and help 

ensure that spectrum is widely 

utilized.’’ The Commission further 

stated that the approach it adopted 

provided ‘‘satellite operators the 

certainty they need to be able to expand 

their operations into the 37 GHz band in 

the future. Nothing in the petitions 

supports the change in direction 

suggested by petitioners. 

32. In the R&O, the Commission 

directed the Wireless Bureau and Office 

of Engineering and Technology to 

collaborate with NTIA and Federal 

stakeholders, as well as industry 

stakeholders and other interested parties 

to further define the sharing 

framework.’’ Initial collaboration has 

identified the issues raised in the 3rd 

FNPRM adopted June 7, 2018. The 3rd 

FNPRM presents another opportunity to 

open a dialogue about how sharing can 

best be implemented and achieved in 

the Lower 37 GHz band prior to the 

adoption of final sharing rules. The 

Commission looks forward to 

continuing to work with NTIA, Federal 

stakeholders, and industry to complete 

development of the sharing mechanism. 

B. FSS Allocation in 42–42.5 GHz 

33. Background. In the R&O, the 

Commission declined to allocate the 42 

GHz band for fixed satellite service 

(FSS) downlink operations. It concluded 

there was less reason to expand FSS 

operations into the 42 GHz band given 

that it was already granting FSS 


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enhanced access to the 37.5–40 GHz 

band and because FSS has exclusive 

access to the 40.5–42 GHz band. Rather, 

the Commission saw greater value in 

making the band available exclusively 

for terrestrial use. 

34. Various satellite interests sought 

reconsideration of that decision. ViaSat 

asserts that ‘‘the 42–42.5 GHz band 

segment could be used in connection 

with the downlink spectrum that 

currently is available for satellite use in 

the adjacent 37.5–42 GHz band segment 

to achieve increased satellite broadband 

network capabilities that will be needed 

to meet this exponentially expanding 

consumer demand.’’ ViaSat, SES, and 

O3b argue that providing satellite access 

to the 42 GHz band also comes with an 

established public interest benefit— 

helping to bridge the digital divide in 

rural America. 

35. Discussion. The Commission 

declines to reconsider its decisions to 

not allocate the 42 GHz band for FSS 

use. The Commission’s decision was 

part of an overall goal to have a 

balanced strategy for sharing between 

terrestrial and satellite services in 

V-band. Given the Commission’s prior 

decisions to provide FSS with exclusive 

access to the 40–42 GHz and 48.2–50.2 

GHz bands—plus shared access to the 

37.5–40 GHz and 28 GHz bands, the 

Commission see nothing arbitrary in 

reserving 500 megahertz of spectrum for 

exclusive terrestrial use. Moreover, the 

Commission notes that in the 3rd R&O 

above, the Commission provides for 

shared FSS use of the 24 GHz band. 

Satellite interests raise no new facts and 

merely reassert arguments they made 

previously regarding the need for the 42 

GHz band to deploy broadband. They 

also have not demonstrated that the 

Commission has committed any error. 

36. The MOBILE NOW Act does not 

require us to give further consideration 

to adding an FSS allocation in the 42 

GHz band. While the Act asks that the 

Commission considers how this band 

may be used to provide ‘‘commercial 

wireless broadband service,’’ including 

licensed and/or unlicensed service, it 

also asks that the Commission include 

technical characteristics under which 

the band may be employed for ‘‘mobile 

or fixed terrestrial wireless operations, 

including any appropriate coexistence 

requirements.’’ By its express language 

limiting any proposed licensed or 

unlicensed services in the band to 

‘‘mobile and fixed terrestrial 

operations,’’ the Commission finds that 

Congress excluded the alternative of 

permitting licensed satellite service in 

the band. Legislative history also 

indicates that Congress intended such 

mmW spectrum for ‘‘mobile or fixed 

terrestrial wireless operations, including 

for broadband’’ without any 

concomitant discussion of satellite 

service. Accordingly, the Commission 

does not believe the MOBILE NOW Act 

requires that it reconsider permitting 

satellite service in the 42 GHz band or 

to consider how this non-terrestrial 

service could share with any possible 

licensed and unlicensed terrestrial 

services on whose coexistence the 

Commission now seeks comment. 

V. Final Regulatory Flexibility Analysis 

37. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

2nd FNPRM released in November 2017 

in this proceeding. The Commission 

sought written public comment on the 

proposals in the 2nd FNPRM, including 

comments on the IRFA. No comments 

were filed addressing the IRFA. This 

present Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

A. Need for, and Objectives of, the Third 

Report and Order 

38. In the 3rd R&O, the Commission 

authorizes Fixed-Satellite Service (FSS) 

use of the 24.75–25.25 GHz band for 

individually licensed earth stations. 

Under the current rules, Broadcasting 

Satellite Service (BSS) feeder links have 

priority over other FSS uses in the 

24.75–25.25 GHz band. Given the very 

light use of the 24.75–25.25 GHz band 

for BSS feeder links, the existence of the 

Commission’s earth station two-degree 

spacing rules that can protect BSS 

feeder links from other FSS earth 

stations in the band, and the power 

limits placed on BSS feeder link earth 

stations, there is no need to give BSS 

feeder link earth stations priority over 

other uses of the FSS for earth stations 

located within the United States, or to 

preclude other FSS earth stations from 

claiming protection from feeder link 

earth stations located within the United 

States. 

39. The 3rd R&O also creates a 

buildout standard for UMFUS licensees 

based on geographic area coverage that 

would be an alternative to the current 

population coverage standard in the 

current rules. A performance metric 

based on geographic area coverage (or 

presence) would allow for networks that 

provide meaningful service but deploy 

along other lines than residential 

population. Such a metric could be 

useful for sensor-based networks, 

particularly for uses in rural areas. The 

Commission adopts the following metric 

as an option for UMFUS licensees to 

fulfill their buildout requirements: 

Geographic area coverage of 25% of the 

license area. The latter standard could 

accommodate deployments, such as 

sensor networks, that are not designed 

to provide mobile or point-to-multipoint 

area coverage, and for whom calculating 

‘‘coverage of 25% of the area’’ would 

therefore not be a meaningful standard. 

40. The 3rd R&O also adopts an 

operability requirement such that any 

device designed to operate within the 24 

GHz bands must be capable of operating 

on all frequencies within those bands. 

This operability requirement will ensure 

that devices developed for the 24 GHz 

band operate throughout the band, 

making it easier for smaller businesses 

with fewer resources to find equipment 

that can operate across the entire band. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

41. There were no comments filed 

that specifically addressed the proposed 

rules and policies presented in the 

IRFA. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

42. Pursuant to the Small Business 

Jobs Act of 2010, which amended the 

RFA, the Commission is required to 

respond to any comments filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA), and to 

provide a detailed statement of any 

change made to the proposed rules as a 

result of those comments. 

D. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

43. 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 

services, paging services, wireless 

internet access, and wireless video 

services. The appropriate size standard 

under SBA rules is that such a business 

is small if it has 1,500 or fewer 

employees. For this industry, U.S. 

Census Bureau data for 2012 show that 

there were 967 firms that operated for 

the entire year. Of this total, 955 firms 

had employment of 999 or fewer 

employees and 12 had employment of 

1,000 employees or more. Thus, under 

this category and the associated size 

standard, the Commission estimates that 

the majority of wireless 

telecommunications carriers (except 

satellite) are small entities. 


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44. Fixed Microwave Services. 

Microwave services include common 

carrier, private-operational fixed, and 

broadcast auxiliary radio services. They 

also include the UMFUS and the 

Millimeter Wave Service where 

licensees can choose between common 

carrier and non-common carrier status. 

At present, there are approximately 

66,680 common carrier fixed licensees, 

69,360 private and public safety 

operational-fixed licensees, 20,150 

broadcast auxiliary radio licensees, 411 

LMDS licenses, 33 24 GHz DEMS 

licenses, 777 39 GHz licenses, and five 

24 GHz licenses, and 467 Millimeter 

Wave licenses in the microwave 

services. The Commission has not yet 

defined a small business with respect to 

microwave services. The closest 

applicable SBA category is Wireless 

Telecommunications Carriers (except 

Satellite) and the appropriate size 

standard for this category under SBA 

rules is that such a business is small if 

it has 1,500 or fewer employees. For this 

industry, U.S. Census Bureau data for 

2012 shows that there were 967 firms 

that operated for the entire year. Of this 

total, 955 had employment of 999 or 

fewer, and 12 firms had employment of 

1,000 employees or more. Thus, under 

this SBA category and the associated 

standard, the Commission estimates that 

the majority of fixed microwave service 

licensees can be considered small. 

45. The Commission does not have 

data specifying the number of these 

licensees that have more than 1,500 

employees, and thus is unable at this 

time to estimate with greater precision 

the number of fixed microwave service 

licensees that would qualify as small 

business concerns under the SBA’s 

small business size standard. 

Consequently, the Commission 

estimates that there are up to 36,708 

common carrier fixed licensees and up 

to 59,291 private operational-fixed 

licensees and broadcast auxiliary radio 

licensees in the microwave services that 

may be small and may be affected by the 

rules and policies adopted herein. The 

Commission notes, however, that both 

the common carrier microwave fixed 

and the private operational microwave 

fixed licensee categories includes some 

large entities. 

46. Satellite Telecommunications and 

All Other Telecommunications. This 

category comprises firms ‘‘primarily 

engaged in providing 

telecommunications services to other 

establishments in the 

telecommunications and broadcasting 

industries by forwarding and receiving 

communications signals via a system of 

satellites or reselling satellite 

telecommunications.’’ The category has 

a small business size standard of $32.5 

million or less in average annual 

receipts, under SBA rules. For this 

category, U.S. Census Bureau data for 

2012 shows that there were a total of 

333 firms that operated for the entire 

year. Of this total, 299 firms had annual 

receipts of less than $25 million. 

Consequently, the Commission 

estimates that the majority of satellite 

telecommunications providers are small 

entities. 

47. All Other Telecommunications. 

The ‘‘All Other Telecommunications’’ 

category is comprised of establishments 

primarily engaged in providing 

specialized telecommunications 

services, such as satellite tracking, 

communications telemetry, and radar 

station operation. This industry also 

includes establishments primarily 

engaged in providing satellite terminal 

stations and associated facilities 

connected with one or more terrestrial 

systems and capable of transmitting 

telecommunications to, and receiving 

telecommunications from, satellite 

systems. Establishments providing 

internet services or voice over internet 

protocol (VoIP) services via clientsupplied telecommunications 

connections are also included in this 

industry.’’ The SBA has developed a 

small business size standard for ‘‘All 

Other Telecommunications,’’ which 

consists of all such firms with gross 

annual receipts of $32.5 million or less. 

For this category, U.S. Census Bureau 

data for 2012 shows that there were a 

total of 1442 firms that operated for the 

entire year. Of these firms, a total of 

1400 firms had gross annual receipts of 

under $25 million and 42 firms had 

gross annual receipts of $25 million to 

$49,999,999. Thus, the Commission 

estimates that a majority of ‘‘All Other 

Telecommunications’’ firms potentially 

affected by its actions can be considered 

small. 

48. Radio and Television 

Broadcasting and Wireless 

Communications Equipment 

Manufacturing. 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 

established a size standard for this 

industry of 1,250 employees or less. 

U.S. Census Bureau data for 2012 shows 

that 841 establishments operated in this 

industry in that year. Of that number, 

828 establishments operated with fewer 

than 1,000 employees, 7 establishments 

operated with between 1,000 and 2,499 

employees and 6 establishments 

operated with 2,500 or more employees. 

Based on this data, the Commission 

concludes that a majority of 

manufacturers in this industry is small. 

E. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

49. The Commission expects the rules 

adopted in the 3rd R&O will impose 

new or additional reporting or 

recordkeeping and/or other compliance 

obligations on small entities as well as 

other applicants and licensees. The 

projected reporting, recordkeeping, and 

other compliance requirements in the 

3rd R&O will apply to all entities in the 

same manner. The revisions the 

Commission adopts should benefit 

small entities by giving them more 

information, more flexibility, and more 

options for gaining access to wireless 

spectrum. 

50. Small entities and other 

applicants for UMFUS licenses will be 

required to file license applications 

using the Commission’s automated 

Universal Licensing System (ULS). ULS 

is an online electronic filing system that 

also serves as a powerful information 

tool, one that enables potential licensees 

to research applications, licenses, and 

antenna structures. It also keeps the 

public informed with weekly public 

notices, FCC rulemakings, processing 

utilities, and a telecommunications 

glossary. Small entities, like all other 

entities who are UMFUS applicants, 

must submit long-form license 

applications must do so through ULS 

using Form 601, FCC Ownership 

Disclosure Information for the Wireless 

Telecommunications Services using 

FCC Form 602, and other appropriate 

forms. 

51. The Commission expects that the 

filing, recordkeeping and reporting 

requirements associated with the 

demands described above will require 

small businesses as well as other 

entities that intend to utilize these new 

UMFUS licenses to use professional, 

accounting, engineering or survey 

services in order to meet these 

requirements. As described below, 

several steps have been taken that will 

alleviate the burdens of the 

requirements on small businesses. 

F. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

52. The RFA requires an agency to 

describe any significant, specifically 


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small business, alternatives that it has 

considered in reaching its 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 or 

reporting requirements under the rule 

for 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. 

53. The Commission does not believe 

that its adopted changes will have a 

significant economic impact on small 

entities. As noted above, the various 

construction and performance 

requirements and their associated 

showings will be the same for small and 

large businesses that license the UMFUS 

bands. To the extent applying the rules 

equally to all entities results in the cost 

of complying with these burdens being 

relatively greater for smaller businesses 

than for large ones, these costs are 

necessary to effectuate the purpose of 

the Communications Act, namely to 

further the efficient use of spectrum and 

to prevent spectrum warehousing. 

Likewise compliance with the 

Commission’s service and technical 

rules and coordination requirements are 

necessary for the furtherance of its goals 

of protecting the public while also 

providing interference free services. 

Moreover, while small and large 

businesses must equally comply with 

these rules and requirements, the 

Commission has taken the steps 

described below to help alleviate the 

burden on small businesses that seek to 

comply with these requirements. 

54. The proposals to facilitate satellite 

service in the 24 GHz band should also 

assist small satellite businesses by 

providing them with additional 

flexibility to locate their earth stations 

without causing interference to or 

receiving interference from UMFUS 

licensees. 

G. Report to Congress 

55. The Commission will send a copy 

of the 3rd R&O, including this FRFA, in 

a report to Congress pursuant to the 

Congressional Review Act. In addition, 

the Commission will send a copy of the 

3rd R&O, including this FRFA, to the 

Chief Counsel for Advocacy of the SBA. 

A copy of the 3rd R&O, and FRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

VI. Ordering Clauses 

56. It is ordered, pursuant to the 

authority found in sections 1, 2, 3, 4, 5, 

7, 301, 302, 302a, 303, 304, 307, 309, 

and 310 of the Communications Act of 

1934, 47 U.S.C. 151, 152, 153, 154, 155, 

157, 301, 302, 302a, 303, 304, 307, 309, 

and 310, section 706 of the 

Telecommunications Act of 1996, as 

amended, 47 U.S.C. 1302, and § 1.411 of 

the Commission’s rules, 47 CFR 1.411, 

that the Third Report and Order, Third 

Further Notice of Proposed Rulemaking, 

and Memorandum Opinion and Order is 

hereby adopted. 

57. It is further ordered that the 

Commission’s rules are hereby amended 

as set forth in the Final Rules. 

58. It is further ordered that the 

provisions and requirements of this 

Third Report and Order and the rules 

adopted herein will become effective 

August 20, 2018, except for rules and 

requirements which contain new or 

modified information collection 

requirements that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act and 

will become effective after the 

Commission publishes a document in 

the Federal Register announcing such 

approval and the relevant effective date. 

59. It is further ordered that the 

petitions for reconsideration listed in 

the Petitions for Reconsideration of 

Spectrum Frontiers Report and Order 

are granted to the extent indicated and 

are otherwise denied. 

60. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Third Report and Order, Third 

Further Notice of Proposed Rulemaking, 

and Memorandum Opinion and Order, 

including the Final, Supplemental 

Final, and Initial Regulatory Flexibility 

Analysis, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

61. It is further ordered that the 

Commission shall send a copy of this 

Report and Order to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Parts 2, 25 

and 30 

Communications common carriers, 

Communications equipment, Reporting 

and recordkeeping requirements, 

Satellites. 

Federal Communications Commission, 

Marlene Dortch, 

Secretary, Office of the Secretary. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 2, 25, 

and 30 as follows: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted. 

■ 2. In § 2.106, the Table of Frequency 

Allocations is amended as follows: 

■ a. Page 54 is revised. 

■ b. In the list of non-Federal 

Government (NG) Footnotes, footnote 

NG65 is revised and footnote NG535 is 

removed. 

The revisions read as follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 

BILLING CODE 6712–01–P 


daltland on DSKBBV9HB2PROD with RULES

ER20JY18.004</GPH>daltland on DSKBBV9HB2PROD with RULES

24-24.05 4-24.05 D4-24.05 

AMATEUR AMATEUR-SATELLITE R-SATELLITE 

5.150 .150 US211 US211 

24.05-24.25 4.05-24.25 D4.05-24.25 

RADIOLOCATION G59 

Amateur arth exploration-satellite (active) arth exploration-satellite (ac

Earth exploration-satellite (active) Radiolocation 

5.150 .150 

24.25-24.45 24.25-24.45 4.25-24.45 

FIXED RADIONAVIGATION IXED I XED 

RADIONAVIGATION 

24.45-24.65 24.45-24.65 4.45-24.65 

FIXED INTER-SATELLITE IXED NTER-SATELLITE 

INTER-SATELLITE RADIONAVIGATION NTER-SATELLITE RADIONAVIGATION 

RADIONAVIGATION 

5.533 .533 

24.65-24.75 ?4.65-24.75 4.65-24.75 

FIXED INTER-SATELLITE IXED NTER-SATELLITE FIXED-SATELLITE RADIOLOCATION-SATELLITE !XED-SATELLITE RADIOLOCATION-SATELLITE (Earth-to-space) 

(Earth-to-space) 5.5328 (Earth-to-space) (Earth-to-space) 5.5328 

INTER-SATELLITE NTER-SATELLITE 

ER20JY18.005</GPH>daltland on DSKBBV9HB2PROD with RULES

fvlOBILE 

24.75-25.25 24.75-25.25 75-25.25 4.75-25.25 75-25.25 

FIXED FIXED-SATELLITE IXED I XED FIXED-SATELLITE (Earth-to-space) 5.535 !XED-SATELLITE !XED-SATELLITE 

(Earth-to-space) 5.532B (Earth-to-space) 5.535 (Earth-to-space) NG65 

25.25-25.5 5.25-25.5 

FIXED I XED nter-satellite 5.536 

INTER-SATELLITE 5.536 NTER-SATELLITE 5.536 frequency and time 

MOBILE signal-satellite (Earth-to-spa

Standard frequency and time signal-satellite (Earth-to-space) frequency and time 

signal-satellite (Earth-to-space) 

25.5-27 5.5-27 

EARTH EXPLORATION-SATELLITE (space-to-Earth) 5.536B ARTH EXPLORATION- RESEARCH 

FIXED SATELLITE (space-to-Earth) (space-to-Earth) 

INTER-SATELLITE 5.536 I XED nter-satellite 5.536 

MOBILE NTER-SATELLITE 5.536 frequency and time 

SPACE RESEARCH (space-to-Earth) 5.536C signal-satellite (Earth-to-spa

Standard frequency and time signal-satellite (Earth-to-space) pPACE RESEARCH 

(space-to-Earth) 

frequency and time 

signal-satellite (Earth-to-space) 

.536A US258 

5.536A US258 
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Rules and Regulations 34489 

BILLING CODE 6712–01–C 

* * * * * 

Non-Federal Government (NG) 

Footnotes 

* * * * * 

NG65 In the bands 24.75–25.25 GHz 

and 47.2–48.2 GHz, stations in the fixed 

and mobile services may not claim 

protection from individually licensed 

earth stations authorized pursuant to 47 

CFR 25.136. However, nothing in this 

footnote shall limit the right of UMFUS 

licensees to operate in conformance 

with the technical rules contained in 47 

CFR part 30. The Commission reserves 

the right to monitor developments and 

to undertake further action concerning 

interference between UMFUS and FSS, 

including aggregate interference to 

satellite receivers, if appropriate. 

* * * * * 

PART 25—SATELLITE 

COMMUNICATIONS 

■ 3. The authority citation for part 25 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302, 303, 

307, 309, 310, 319, 332, 605, and 721, unless 

otherwise noted. 

■ 4. Amend § 25.103 by revising the 

definitions of ‘‘Routine processing or 

licensing’’ and ‘‘Two-degree-compliant 

space station’’ to read as follows: 

§ 25.103 Definitions. 

* * * * * 

Routine processing or licensing. 

Expedited processing of unopposed 

applications for earth stations in the 

FSS communicating with GSO space 

stations, that satisfy the criteria in 

§§ 25.138(a), 25.211(d), 25.212(c), 

25.212(d), 25.212(e), 25.212(f), or 

25.218, include all required 

information, are consistent with all 

Commission rules, and do not raise any 

policy issues. Some, but not all, routine 

earth station applications are eligible for 

an autogrant procedure under 

§ 25.115(a)(3). 

* * * * * 

Two-degree-compliant space station. 

A GSO FSS space station operating in 

the conventional or extended C-bands, 

the conventional or extended Ku-bands, 

the 24.75–25.25 GHz band, or the 

conventional Ka-band within the limits 

on downlink EIRP density or PFD 

specified in § 25.140(a)(3) and 

communicating only with earth stations 

operating in conformance with routine 

uplink parameters specified in 

§§ 25.138(a), 25.211(d), 25.212(c), (d), or 

(f), §§ 25.218, 25.221(a)(1) or (a)(3), or 

§ 25.222(a)(1) or (a)(3), § 25.226(a)(1) or 

(a)(3), or § 25.227(a)(1) or (a)(3). 

* * * * * 

■ 5. Amend § 25.114 by revising 

paragraph (d)(7) and removing and 

reserving paragraph (d)(17) to read as 

follows: 

§ 25.114 Applications for space station 

authorizations. 

* * * * * 

(d) * * * 

(7) Applicants for authorizations for 

space stations in the Fixed-Satellite 

Service, including applicants proposing 

feeder links for space stations operating 

in the 17/24 GHz Broadcasting-Satellite 

Service, must also include the 

information specified in § 25.140(a). 

Applicants for authorizations for space 

stations in the 17/24 GHz BroadcastingSatellite Service must also include the 

information specified in § 25.140(b); 

* * * * * 

(17) [Reserved] 

* * * * * 

■ 6. Amend § 25.115 by revising 

paragraphs (e)(1) and (g)(1)(vii) to read 

as follows: 

§ 25.115 Applications for earth station 

authorizations. 

* * * * * 

(e) * * * 

(1) An application for a GSO FSS 

earth station license in the 17.8–19.4 

GHz, 19.6–20.2 GHz, 24.75–25.25 GHz, 

27.5–29.1 GHz, or 29.25–30 GHz bands 

not filed on FCC Form 312EZ pursuant 

to paragraph (a)(2) of this section must 

be filed on FCC Form 312, Main Form 

and Schedule B, and must include any 

information required by paragraph (g) or 

(j) of this section or by § 25.130. 

* * * * * 

(g) * * * 

(1) * * * 

(vii) The relevant off-axis EIRP 

density envelopes in §§ 25.138, 25.218, 

25.221, 25.222, 25.226, or § 25.227 must 

be superimposed on plots submitted 

pursuant to paragraphs (g)(1)(i) through 

(vi) of this section. 

* * * * * 

■ 7. Amend § 25.136 by adding new 

paragraph (g) to read as follows: 

§ 25.136 Earth Stations in the 24.75–25.25 

GHz, 27.5–28.35 GHz, 37.5–40 GHz and 

47.2–48.2 GHz bands. 

* * * * * 

(g) Notwithstanding that FSS is coprimary with the Upper Microwave 

Flexible Use Service in the 24.75–25.25 

GHz band, earth stations in that bands 

shall be limited to individually licensed 

earth stations. An applicant for a license 

for a transmitting earth station in the 

24.75–25.25 GHz band must meet one of 

the following criteria to be authorized to 

operate without providing any 

additional interference protection to 

stations in the Upper Microwave 

Flexible Use Service: 

(1) The FSS licensee also holds the 

relevant Upper Microwave Flexible Use 

Service license(s) for the area in which 

the earth station generates a power flux 

density (PFD), at 10 meters above 

ground level, of greater than or equal to 

¥77.6 dBm/m2/MHz; 

(2) The earth station in the 24.75– 

25.25 GHz band was authorized prior to 

August 20, 2018; or 

(3) The application for the earth 

station in the 24.75–25.25 GHz band 

was filed prior to August 20, 2018; or 

(4) The applicant demonstrates 

compliance with all of the following 

criteria in its application: 

(i) There are no more than two other 

authorized earth stations operating in 

the 24.75–25.25 GHz band within the 

county where the proposed earth station 

is located that meet the criteria 

contained in either paragraphs (g)(1) 

(g)(2), (g)(3) or (g)(4) of this section, and 

there are no more than 14 other 

authorized earth stations operating in 

the 24.75–25.25 GHz band within the 

Partial Economic Area where the 

proposed earth station is located that 

meet the criteria contained in 

paragraphs (g)(1) (g)(2), (g)(3) or (g)(4) of 

this section. For purposes of this 

requirement, multiple earth stations that 

are collocated with or at a location 

contiguous to each other shall be 

considered as one earth station; 

(ii) The area in which the earth station 

generates a power flux density (PFD), at 

10 meters above ground level, of greater 

than or equal to ¥77.6 dBm/m2/MHz, 

together with the similar area of any 

other earth station operating in the 

24.75–25.25 GHz band authorized 

pursuant to paragraph (g) of this section, 

does not cover, in the aggregate, more 

than the amount of population of the 

county within which the earth station is 

located as noted below: 


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34490 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (g)(4)(ii) 

Population within the county where earth station is located 

Maximum permitted aggregate 

population within ¥77.6 dBm/m2/MHz 

PFD contour of earth stations 

Greater than 450,000 ................................................................................................................................ 0.1 percent of population in county. 

Between 6,000 and 450,000 ..................................................................................................................... 450 people. 

Fewer than 6,000 ....................................................................................................................................... 7.5 percent of population in county. 

(iii) The area in which the earth 

station generates a PFD, at 10 meters 

above ground level, of greater than or 

equal to ¥77.6 dBm/m2/MHz does not 

contain any major event venue, urban 

mass transit route, passenger railroad, or 

cruise ship port. In addition, the area 

mentioned in paragraph (a)(4)(ii) of this 

section shall not cross any of the 

following types of roads, as defined in 

functional classification guidelines 

issued by the Federal Highway 

Administration pursuant to 23 CFR 

470.105(b): Interstate, Other Freeways 

and Expressways, or Other Principal 

Arterial. The Federal Highway 

Administration Office of Planning, 

Environment, and Realty Executive 

Geographic Information System 

(HEPGIS) map contains information on 

the classification of roads. For purposes 

of this rule, an urban area shall be an 

Adjusted Urban Area as defined in 

section 101(a)(37) of Title 21 of the 

United States Code. 

(iv) The applicant has successfully 

completed frequency coordination with 

the UMFUS licensees within the area in 

which the earth station generates a PFD, 

at 10 meters above ground level, of 

greater than or equal to ¥77.6 dBm/m2/ 

MHz with respect to existing facilities 

constructed and in operation by the 

UMFUS licensee. In coordinating with 

UMFUS licensees, the applicant shall 

use the applicable processes contained 

in § 101.103(d) of this chapter. (f) If an 

earth station applicant or licensee in the 

24.75–25.25 GHz, 27.5–28.35 GHz, 

37.5–40 GHz and/or 47.2–48.2 GHz 

bands enters into an agreement with an 

UMFUS licensee, their operations shall 

be governed by that agreement, except 

to the extent that the agreement is 

inconsistent with the Commission’s 

rules or the Communications Act. 

* * * * * 

■ 8. Amend § 25.138 by revising the 

section heading and paragraph (a) 

introductory text, and paragraph (a)(6) 

to read as follows: 

§ 25.138 Licensing requirements for GSO 

FSS earth stations in the conventional Kaband and the 24.75–25.25 GHz band. 

(a) Applications for earth station 

licenses in the GSO FSS in the 

conventional Ka-band or the 24.75– 

25.25 GHz band that indicate that the 

following requirements will be met and 

include the information required by 

relevant provisions in §§ 25.115 and 

25.130 may be routinely processed: 

* * * * * 

(6) The pfd at the Earth’s surface 

produced by emissions from a space 

station operating in the conventional 

Ka-band, for all conditions including 

clear sky, and for all methods of 

modulation, shall not exceed a level of 

¥118 dBW/m2/MHz, in addition to the 

limits specified in § 25.208(d). 

* * * * * 

■ 9. Amend § 25.140 by: 

■ a. Revising paragraphs (a)(2), (a)(3) 

introductory text, and (a)(3)(iv) through 

(v); 

■ b. Adding paragraph (a)(3)(vi); 

■ c. Revising paragraphs (b) 

introductory text, and (b)(3) through (5); 

■ d. Removing paragraph (b)(6); 

■ e. Removing and reserving paragraph 

(c); and 

■ f. Revising paragraph (d) introductory 

text. 

The revisions and addition read as 

follows: 

§ 25.140 Further requirements for license 

applications for GSO space station 

operation in the FSS and the 17/24 GHz 

BSS. 

(a) * * * 

(2) In addition to the information 

required by § 25.114, an applicant for 

GSO FSS space station operation, 

including applicants proposing feeder 

links for space stations operating in the 

17/24 GHz BSS, that will be located at 

an orbital location less than two degrees 

from the assigned location of an 

authorized co-frequency GSO space 

station, must either certify that the 

proposed operation has been 

coordinated with the operator of the cofrequency space station or submit an 

interference analysis demonstrating the 

compatibility of the proposed system 

with the co-frequency space station. 

Such an analysis must include, for each 

type of radio frequency carrier, the link 

noise budget, modulation parameters, 

and overall link performance analysis. 

(See Appendices B and C to Licensing 

of Space Stations in the Domestic FixedSatellite Service, FCC 83–184, and the 

following public notices, copies of 

which are available in the Commission’s 

EDOCS database, available at https://

www.fcc.gov/edocs: DA 03–3863 and 

DA 04–1708.) The provisions in this 

paragraph do not apply to proposed 

analog video operation, which is subject 

to the requirement in paragraph (a)(1) of 

this section. 

(3) In addition to the information 

required by § 25.114, an applicant for a 

GSO FSS space station, including 

applicants proposing feeder links for 

space stations operating in the 17/24 

GHz BSS, must provide the following 

for operation other than analog video 

operation: 

* * * * * 

(iv) With respect to proposed 

operation in the 24.75–25.25 GHz band 

(Earth-to-space), a certification that the 

proposed uplink operation will not 

exceed the applicable EIRP density 

envelopes in § 25.138(a) and that the 

associated space station will not 

generate a power flux density at the 

Earth’s surface in excess of the 

applicable limits in this part, unless the 

non-routine uplink and/or downlink 

FSS operation is coordinated with 

operators of authorized co-frequency 

space stations at assigned locations 

within six degrees of the orbital location 

and except as provided in paragraph (d) 

of this section. 

(v) With respect to proposed 

operation in the 4500–4800 MHz (spaceto-Earth), 6725–7025 MHz (Earth-tospace), 10.70–10.95 GHz (space-toEarth), 11.20–11.45 GHz (space-toEarth), and/or 12.75–13.25 GHz (Earthto-space) bands, a statement that the 

proposed operation will take into 

account the applicable requirements of 

Appendix 30B of the ITU Radio 

Regulations (incorporated by reference, 

see § 25.108) and a demonstration that 

it is compatible with other U.S. ITU 

filings under Appendix 30B. 

(vi) With respect to proposed 

operation in other FSS bands, an 

interference analysis demonstrating 

compatibility with any previously 

authorized co-frequency space station at 

a location two degrees away or a 

certification that the proposed operation 

has been coordinated with the 

operator(s) of the previously authorized 


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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Rules and Regulations 34491 

space station(s). If there is no previously 

authorized space station at a location 

two degrees away, the applicant must 

submit an interference analysis 

demonstrating compatibility with a 

hypothetical co-frequency space station 

two degrees away with the same 

receiving and transmitting 

characteristics as the proposed space 

station. 

(b) Each applicant for a license to 

operate a space station transmitting in 

the 17.3–17.8 GHz band must provide 

the following information, in addition to 

that required by § 25.114: 

* * * * * 

(3) An applicant for a license to 

operate a space station transmitting in 

the 17.3–17.8 GHz band must certify 

that the downlink power flux density on 

the Earth’s surface will not exceed the 

values specified in § 25.208(c) and/or 

(w), or must provide the certification 

specified in § 25.114(d)(15)(ii). 

(4) An applicant for a license to 

operate a space station transmitting in 

the 17.3–17.8 GHz band to be located 

less than four degrees from a previously 

licensed or proposed space station 

transmitting in the 17.3–17.8 GHz band, 

must either certify that the proposed 

operation has been coordinated with the 

operator of the co-frequency space 

station or provide an interference 

analysis of the kind described in 

paragraph (a) of this section, except that 

the applicant must demonstrate that its 

proposed network will not cause more 

interference to the adjacent space 

station transmitting in the 17.3–17.8 

GHz band operating in compliance with 

the technical requirements of this part, 

than if the applicant were locate at an 

orbital separation of four degrees from 

the previously licensed or proposed 

space station. 

(5) In addition to the requirements of 

paragraphs (b)(3) and (4) of this section, 

the link budget for any satellite in the 

17.3–17.8 GHz band (space-to-Earth) 

must take into account longitudinal 

stationkeeping tolerances. Any 

applicant for a space station 

transmitting in the 17.3–17.8 GHz band 

that has reached a coordination 

agreement with an operator of another 

space station to allow that operator to 

exceed the pfd levels specified in 

§ 25.208(c) or § 25.208(w), must use 

those higher pfd levels for the purpose 

of this showing. 

(c) [Reserved] 

(d) An operator of a GSO FSS space 

station in the conventional or extended 

C-bands, conventional or extended Kubands, 24.75–25.25 GHz band (Earth-tospace), or conventional Ka-band may 

notify the Commission of its nonroutine transmission levels and be 

relieved of the obligation to coordinate 

such levels with later applicants and 

petitioners. 

* * * * * 

§ 25.203 [Amended] 

■ 10. Amend § 25.203 by removing and 

reserving paragraph (l). 

■ 11. Amend § 25.204 by removing 

paragraph (e)(4) and revising paragraphs 

(e) introductory text, (e)(1) and (3) to 

read as follows: 

§ 25.204 Power limits for earth stations. 

* * * * * 

(e) To the extent specified in 

paragraphs (e)(1) through (e)(3) of this 

section, earth stations in the FixedSatellite Service may employ uplink 

adaptive power control or other 

methods of fade compensation to 

facilitate transmission of uplinks at 

power levels required for desired link 

performance while minimizing 

interference between networks. 

(1) Except when paragraphs (e)(2) 

through (e)(3) of this section apply, 

transmissions from FSS earth stations in 

frequencies above 10 GHz may exceed 

the uplink EIRP and EIRP density limits 

specified in the station authorization 

under conditions of uplink fading due 

to precipitation by an amount not to 

exceed 1 dB above the actual amount of 

monitored excess attenuation over clear 

sky propagation conditions. EIRP levels 

must be returned to normal as soon as 

the attenuating weather pattern 

subsides. 

* * * * * 

(3) FSS earth stations transmitting to 

geostationary space stations in the 

24.75–25.25 GHz, 28.35–28.6 GHz, and/ 

or 29.25–30.0 GHz bands may employ 

uplink adaptive power control or other 

methods of fade compensation. For 

stations employing uplink power 

control, the values in paragraphs (a)(1), 

(2), and (4) of § 25.138 may be exceeded 

by up to 20 dB under conditions of 

uplink fading due to precipitation. The 

amount of such increase in excess of the 

actual amount of monitored excess 

attenuation over clear sky propagation 

conditions must not exceed 1.5 dB or 15 

percent of the actual amount of 

monitored excess attenuation in dB, 

whichever is larger, with a confidence 

level of 90 percent except over transient 

periods accounting for no more than 0.5 

percent of the time during which the 

excess is no more than 4.0 dB. 

* * * * * 

■ 12. Amend § 25.209 by revising 

paragraph (f) to read as follows: 

§ 25.209 Earth station antenna 

performance standards. 

* * * * * 

(f) A GSO FSS earth station with an 

antenna that does not conform to the 

applicable standards in paragraphs (a) 

and (b) of this section will be authorized 

only if the applicant demonstrates that 

the antenna will not cause unacceptable 

interference. This demonstration must 

comply with the requirements in 

§§ 25.138, 25.218, 25.220, 25.221, 

25.222, 25.226, or § 25.227, as 

appropriate. 

* * * * * 

■ 13. Amend § 25.210 by revising 

paragraph (i) to read as follows: 

§ 25.210 Technical requirements for space 

stations. 

* * * * * 

(i) 17/24 GHz BSS space station 

antennas transmitting in the 17.3–17.8 

GHz band must be designed to provide 

a cross-polarization isolation such that 

the ratio of the on axis co-polar gain to 

the cross-polar gain of the antenna in 

the assigned frequency band is at least 

25 dB within its primary coverage area. 

* * * * * 

■ 14. Amend § 25.220 by revising 

paragraph (a) to read as follows: 

§ 25.220 Non-routine transmit/receive 

earth station operations. 

(a) The requirements in this section 

apply to applications for, and operation 

of, earth stations transmitting in the 

conventional or extended C-bands, the 

conventional or extended Ku-bands, the 

24.75–25.25 GHz band, or the 

conventional Ka-band that do not 

qualify for routine licensing under 

relevant criteria in §§ 25.138, 25.211, 

25.212, 25.218, 25.221(a)(1) or (a)(3), 

§ 25.222(a)(1) or (a)(3), § 25.226(a)(1) or 

(a)(3), or § 25.227(a)(1) or (a)(3). 

* * * * * 

§ 25.223 [Removed and Reserved] 

■ 15. Remove and reserve § 25.223. 

■ 16. Revise § 25.262 to read as follows: 

§ 25.262 Licensing and domestic 

coordination requirements for 17/24 GHz 

BSS space stations. 

(a) An applicant may be authorized to 

operate a space station transmitting in 

the 17.3–17.8 GHz band at levels up to 

the maximum power flux density limits 

defined in § 25.208(c) and/or 

§ 25.208(w), without coordinating its 

power flux density levels with adjacent 

licensed or permitted operators, only if 

there is no licensed space station, or 

prior-filed application for a space 

station transmitting in the 17.3–17.8 

GHz band at a location less than four 

degrees from the orbital location at 


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34492 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Rules and Regulations 

which the applicant proposes to 

operate. 

(b) Any U.S. licensee or permittee 

authorized to transmit in the 17.3–17.8 

GHz band that does not comply with the 

power flux-density limits set forth in 

§ 25.208(c) and/or § 25.208(w) shall bear 

the burden of coordinating with any 

future co-frequency licensees and 

permittees of a space station 

transmitting in the 17.3–17.8 GHz band 

under the following circumstances: 

(1) If the operator’s space-to-Earth 

power flux-density levels exceed the 

power flux-density limits set forth in 

§ 25.208(c) and/or § 25.208(w) by 3 dB 

or less, the operator shall bear the 

burden of coordinating with any future 

operators proposing a space station 

transmitting in the 17.3–17.8 GHz band 

in compliance with power flux-density 

limits set forth in § 25.208(c) and/or 

§ 25.208(w) and located within ±6 

degrees of the operator’s 17/24 GHz BSS 

space station. 

(2) If the operator’s space-to-Earth 

power flux-density levels exceed the 

power flux-density limits set forth in 

§ 25.208(c) and/or § 25.208(w) by more 

than 3 dB, the operator shall bear the 

burden of coordinating with any future 

operators proposing a space station 

transmitting in the 17.3–17.8 GHz band 

in compliance with power flux-density 

limits set forth in § 25.208(c) and/or 

§ 25.208(w) and located within ±10 

degrees of the operator’s space station. 

(3) If no good faith agreement can be 

reached, the operator of the space 

station transmitting in the 17.3–17.8 

GHz band that does not comply with 

§ 25.208(c) and/or § 25.208(w) shall 

reduce its space-to-Earth power fluxdensity levels to be compliant with 

those specified in § 25.208(c) and/or 

§ 25.208(w). 

(c) Any U.S. licensee or permittee 

using a space station transmitting in the 

17.3–17.8 GHz band that is required to 

provide information in its application 

pursuant to § 25.140(b)(4) must accept 

any increased interference that may 

result from adjacent space stations 

transmitting in the 17.3–17.8 GHz band 

that are operating in compliance with 

the rules for such space stations 

specified in §§ 25.140(b), 25.202(a)(9) 

and (e)–(g), 25.208(c) and (w), 25.210(i)– 

(j), 25.224, 25.262, 25.264(h), and 

25.273(a)(3)). 

(d) Notwithstanding the provisions of 

this, licensees and permittees will be 

allowed to apply for a license or 

authorization for a replacement satellite 

that will be operated at the same power 

level and interference protection as the 

satellite to be replaced. 

PART 30—UPPER MICROWAVE 

FLEXIBLE USE SERVICE 

■ 17. The authority citation for part 30 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 303, 304, 307, 309, 310, 316, 332, 1302. 

■ 18. Amend § 30.104 by revising the 

section heading, redesignating 

paragraphs (b) through (e) as paragraphs 

(c) through (f), adding new paragraph 

(b), and revising newly redesignated 

paragraphs (c), (e), and (f) to read as 

follows: 

§ 30.104 Performance requirements. 

* * * * * 

(b) In the alternative, a licensee may 

make its buildout showing on the basis 

of geographic area coverage. To satisfy 

the requirements of using this metric, 

licensees relying on mobile or point-tomultipoint service must show that they 

are providing reliable signal coverage 

and service to at least 25% of the 

geographic area of the license. The 

geographic area of the license shall be 

determined by the total land area of the 

county or counties covered by the 

license. Licensees relying on fixed 

point-to-point links or other, low-power 

point-to-point connections must show 

that they have deployed at least one 

transmitter or receiver in at least 25% of 

the census tracts within the license area. 

All equipment relied upon in the 

showing, whatever type of service or 

connection it provides, must be 

operational and providing service, 

either to customers or for internal use, 

as of the date of the filing. 

(c) Showings that rely on a 

combination of multiple types of service 

will be evaluated on a case-by-case 

basis. Licensees may not combine 

population-based showings with 

geographic area-based showings. 

* * * * * 

(e) Failure to meet this requirement 

will result in automatic cancellation of 

the license. In bands licensed on a 

Partial Economic Area basis, licensees 

will have the option of partitioning a 

license on a county basis in order to 

reduce the population or land area 

within the license area to a level where 

the licensee’s buildout would meet one 

of the applicable performance metrics. 

(f) Existing 24 GHz, 28 GHz and 39 

GHz licensees shall be required to make 

a showing pursuant to this section by 

June 1, 2024. 

■ 19. Revise § 30.208 to read as follows: 

§ 30.208 Operability. 

Mobile and transportable stations that 

operate on any portion of frequencies 

within the 27.5–28.35 GHz or the 37–40 

GHz bands must be capable of operating 

on all frequencies within those 

particular bands. Mobile and 

transportable stations that operate on 

any portion of either the 24.25–24.45 

GHz or 24.75–25.25 GHz bands must be 

capable of operating on all frequencies 

within both of those bands. 

[FR Doc. 2018–14806 Filed 7–19–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 180220196–8196–01] 

RIN 0648–XG051 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2018 Sector Operations Plans 

and Allocation of Northeast 

Multispecies Annual Catch 

Entitlements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: This interim final rule 

determines the quota overages that 

Northeast Fishery Sector IX is 

responsible for paying back, allocates 

annual catch entitlements to Northeast 

Fishery Sectors VII and IX for the 2018 

fishing year, approves a new lease-only 

operations plan for Northeast Fishery 

Sector IX, and approves a substantive 

amendment to Northeast Fishery Sector 

VII operations plan. Approval of the 

operations plans and allocation of 

annual catch entitlements is necessary 

for the sectors to operate. This action is 

intended to ensure that these sectors are 

allocated accurate annual catch 

entitlements that account for past catch 

overages, and that the sectors’ 

operations plans can achieve the 

conservation and management 

objectives of the Northeast Multispecies 

Fishery Management Plan. 

DATES: Effective July 20, 2018 through 

April 30, 2019. Comments must be 

received on or before August 20, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2018–0069, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 


daltland on DSKBBV9HB2PROD with RULES