1188 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Proposed Rules 

(d) For purposes of compliance with 

this section, licensees should determine 

population based on 2000 U.S. Census 

Data or such other data or 

measurements that the Wireless 

Telecommunications Bureau proposes 

and adopts under the notice and 

comment process for the auction 

procedures. 

§ 27.1041 Termination of Cost-Sharing 

Obligations. 

(a) The cost-sharing obligation 

adopted in this subpart will sunset ten 

years after the first H Block license is 

issued in the band. 

(b) An H Block licensee must satisfy 

in full its payment obligations under 

this subpart K within thirty days of the 

grant of its long-form application. The 

failure to timely satisfy a payment 

obligation in full prior to the applicable 

sunset date will not terminate the debt 

owed or a party’s right to collect the 

debt. 

[FR Doc. 2013–00157 Filed 1–7–13; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 95 

[GN Docket No. 12–354; FCC 12–148] 

Commercial Operations in the 3550– 

3650 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes to create a new 

Citizens Broadband Radio Service under 

part 95 of its rules for shared small cell 

use in the 3550–3650 MHz band (3.5 

GHz Band). The Commission seeks 

comment on other techniques that could 

be used to manage access within the 3.5 

GHz band as well as protections for 

incumbent Department of Defense (DoD) 

and Fixed Satellite Service (FSS) users. 

The Commission also seeks comment on 

how the unique characteristics of small 

cells may help reduce the need for 

geographic protections and enable 

shared access of the 3.5 GHz Band 

across the widest possible geographic 

footprint. In addition, the Commission 

offers a supplemental proposal to 

integrate the 3650–3700 MHz band 

within the proposed Citizens Broadband 

Service, thereby encompassing an 

additional 50 megahertz of contiguous 

spectrum. This approach would 

leverage the benefits of small cell 

technology to enable widespread 

broadband access to the 3.5 GHz Band 

while minimizing the possibility of 

harmful interference to incumbent DoD 

and FSS users. 

DATES: Submit comments on or before 

February 20, 2013 and reply comments 

on or before March 22, 2013. 

ADDRESSES: You may submit comments, 

identified by GN Docket No. 12–354, by 

any of the following methods: 

• Federal Communications 

Commission’s Web Site: http://fjallfoss.

fcc.gov/ecfs2/. Follow the instructions 

for submitting comments. 

• Mail: All hand-delivered or 

messenger-delivered paper filings for 

the Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes and boxes must be disposed 

of before entering the building. 

Commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9300 East 

Hampton Drive, Capitol Heights, MD 

20743. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington DC 20554. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: Paul 

Powell, Attorney Advisor, Wireless 

Bureau’s Mobility Division, at (202) 

744–3597 or Paul.Powell@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking and Order 

(NPRM), in GN Docket No. 12–354, FCC 

12–148, adopted and released December 

12, 2012. The full text of this document 

is available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street 

SW., Room CY–B402, Washington, DC 

20554, (202)488–5300, facsimile (202) 

488–5563, or via email at 

Fcc@bcpiweb.com. The full text may 

also be downloaded at: www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

email to fcc504@fcc.gov or by calling the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Synopsis of the NPRM 

I. Introduction 

1. With this NPRM, the Federal 

Communications Commission 

(Commission) propose to create a new 

Citizens Broadband Service in the 3550– 

3650 MHz band (3.5 GHz Band) 

currently utilized for military and 

satellite operations, which will promote 

two major advances that enable more 

efficient use of radio spectrum: small 

cells and spectrum sharing. The 3.5 GHz 

Band was identified by the National 

Telecommunications and Information 

Administration (NTIA) for shared 

federal and non-federal use in the 2010 

Fast Track Report. See NTIA, An 

Assessment of the Near-Term Viability 

of Accommodating Wireless Broadband 

Systems et al, at http://www.ntia.doc.

gov/files/ntia/publications/fasttrack

evaluation_11152010.pdf. Our proposal 

builds on our experience with spectrum 

sharing in the television white spaces 

(TVWS), proposes ideas teed up in our 

recent Notice of Inquiry on Dynamic 

Spectrum Access technologies, and 

broadly reflects recommendations made 

in a recent report by the President’s 

Council of Advisors on Science and 

Technology (PCAST). See PCAST, 

Report to the President: Realizing the 

Full Potential of Government-Held 

Spectrum to Spur Economic Growth at 

http://www.whitehouse.gov/sites/

default/files/microsites/ostp/pcast_

spectrum_report_final_july_20_

2012.pdf. We also seek comment on 

whether to include under these 

proposed new, flexible rules the 

neighboring 3650–3700 MHz band, 


srobinson on DSK4SPTVN1PROD with EP08JA13.016</GPH>
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Proposed Rules 1189 

which is already used for commercial 

broadband services. Together, these 

proposals would make up to 150 

megahertz of contiguous spectrum 

available for innovative mobile and 

fixed wireless broadband services 

without displacing mission-critical 

incumbent systems. 

2. Demand for wireless broadband 

capacity is growing much faster than the 

availability of new spectrum. While the 

Commission and the President have 

outlined a path for nearly doubling the 

amount of available spectrum for fixed 

and wireless broadband uses, some 

experts forecast a need for a thousandfold increase in wireless capacity by 

2020. To meet this demand, future 

generations of wireless technology and 

services must continue to increase their 

yield of bits per hertz per second. 

Future wireless traffic demands also 

require new wireless network 

architectures and new approaches to 

spectrum management. 

3. The PCAST Report identifies two 

technological advances as holding great 

promise for increasing our nation’s 

wireless broadband capabilities. First, 

increased use of small cell network 

deployments can multiply wireless 

capacity within existing spectrum 

resources. See PCAST Report at vi, 17– 

20. Second, increased spectrum sharing 

can make large swaths of otherwise 

‘‘stovepiped’’ spectrum—nationwide 

bands set aside for important, but 

localized, government and nongovernment uses—newly available for 

broadband use. The proposed Citizens 

Broadband Service would foster the 

widespread utilization of both of these 

technological advances and promote the 

efficient use of the 3.5 GHz Band. 

4. Small cells are low-powered 

wireless base stations intended to cover 

targeted indoor or localized outdoor 

areas ranging in size from homes and 

offices to stadiums, shopping malls, 

hospitals, and metropolitan outdoor 

spaces. Typically, they provide wireless 

connectivity in areas that present 

capacity and coverage challenges to 

traditional wide-area macrocell 

networks. Small cells can be deployed 

relatively easily and inexpensively by 

consumers, enterprise users, and service 

providers. Networks that incorporate 

small cell technology can take 

advantage of greater ‘‘reuse’’ of scarce 

wireless frequencies, greatly increasing 

data capacity within the network 

footprint. For example, deploying ten 

small cells in a location in place of a 

single macro cell could result in a 

tenfold increase in capacity, using the 

same quantity of spectrum. Small cells 

can also be used to help fill in coverage 

gaps created by buildings, tower siting 

difficulties, and/or challenging terrain. 

5. Spectrum sharing in this context 

refers to the use of automated 

techniques to facilitate the coexistence 

of disparate unaffiliated spectrum 

dependent systems that would 

conventionally require separate bands to 

avoid interference. Such coexistence 

may happen, for example, by 

authorizing targeted use of new 

commercial systems in specific 

geographical areas where interference 

into incumbent systems is not a 

problem. The need to minimize 

interference risks has caused, over time, 

much spectrum to be reserved for ‘‘high 

value’’ systems that protect national 

security, safety of life, etc. For example, 

the military may need spectrum for 

advanced radar systems or hospitals 

may deploy networks to enable realtime monitoring of patient vital signs. 

However, many of these uses are highly 

localized in nature. Therefore, more 

agile technologies and sharing 

mechanisms could potentially allow 

large quantities of special-purpose 

federal and non-federal spectrum to be 

used for more general purposes, such as 

commercial broadband services, on a 

shared basis. 

6. The 3.5 GHz Band appears to be an 

ideal band in which to propose small 

cell deployments and shared spectrum 

use. The NTIA Fast Track Report 

identified the 3.5 GHz Band for 

potential shared federal and non-federal 

broadband use. Incumbent uses in the 

band include high powered Department 

of Defense (DoD) radars as well as nonfederal Fixed Satellite Service (FSS) 

earth stations for receive-only, space-toearth operations and feeder links. In the 

adjacent band below 3550 MHz there 

are high-powered ground and airborne 

military radars. The Fast Track Report 

recommended, based on the commercial 

wireless broadband technology that was 

assessed, that new commercial uses of 

the band occur outside of large 

‘‘exclusion zones.’’ For this reason, and 

because of limited signal propagation at 

3.5 GHz, the commercial wireless 

industry has expressed a viewpoint that 

the 3.5 GHz Band would not be 

particularly well-suited for macrocell 

deployment, with some suggesting that 

it might be more appropriate for fixed 

wireless or unlicensed use. We agree 

with the PCAST Report that the 

perceived disadvantages of the 3.5 GHz 

Band might be turned into advantages 

from the standpoint of promoting 

spectrum sharing and small cell 

innovation. Such a paradigm could 

vastly increase the usability of the band 

for wireless broadband. 

7. We propose to structure the 

Citizens Broadband Service according to 

a multi-tiered shared access model that 

reflects the PCAST recommendation. 

We propose that the Citizens Broadband 

Service be managed by a spectrum 

access system (SAS) incorporating a 

dynamic database and, potentially, 

other interference mitigation 

techniques. The SAS would ensure that 

Citizens Broadband Service users 

operate only in areas where they would 

not cause harmful interference to 

incumbent users and could also help 

manage interference protection among 

different tiers of Citizens Broadband 

Service users. The three tiers of service 

would be: (1) Incumbent Access; (2) 

Priority Access; and (3) General 

Authorized Access (GAA). We seek 

comment on this approach. In addition, 

consistent with the Fast Track Report, 

we propose to protect existing federal 

systems operating in the 3.5 GHz Band 

and seek comment on appropriate 

allocation models to accomplish the 

goals set forth in this Notice. 

8. We propose that the Incumbent 

Access tier would consist solely of 

authorized federal and grandfathered 

licensed FSS 3.5 GHz Band users. These 

Incumbent Access users would be 

protected from harmful interference 

from Citizens Broadband Service users 

through appropriate regulatory and 

technical means. Citizens Broadband 

Service users would not be permitted to 

operate within geographically 

designated Incumbent Use Zones, which 

would encompass the geographic area 

where low-powered small cells could 

cause harmful interference to incumbent 

operations. We seek comment on 

whether the use of small cell technology 

incorporating lower power levels and 

other distinguishing technical 

characteristics compared to higher 

power cellular architecture systems 

could significantly reduce the exclusion 

zones proposed in NTIA’s Fast Track 

Report. Outside of these zones, the SAS 

would manage Citizens Broadband 

Service access and would ensure that 

lower tiered users would not operate in 

a manner that would cause harmful 

interference to federal and FSS users in 

the 3.5 GHz Band. 

9. The Priority Access tier would 

consist of a portion of the 3.5 GHz Band 

designated for small cell use by certain 

critical, quality-of-service dependent 

users at specific, targeted locations. We 

seek comment on who these eligible 

users should be and suggest that they 

could include hospitals, utilities, state 

and local governments, and/or other 

users with a distinct need for reliable, 

prioritized access to broadband 

spectrum at specific, localized facilities. 


srobinson on DSK4SPTVN1PROD with 
1190 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Proposed Rules 

We expect that the availability of the 

Priority Access tier could bring the 

benefits of mass-market commercial 

scale to specialized uses and provide a 

new alternative to dedicated spectrum, 

which is in short supply. In order to 

prevent an expectation of quality of 

service in areas where such an 

expectation might not be warranted, 

Priority Access operations would only 

be permitted in geographic zones with 

no likelihood of harmful interference 

from Incumbent Access users and no 

expectation of harmful interference from 

Citizens Broadband Service users to 

Incumbent Access users. Priority Access 

users would be required to register in 

the SAS and accorded protection from 

interference from lower tier users and 

other Priority Access users within their 

local facilities. 

10. The General Authorized Access 

(GAA) tier would be assigned for use by 

the general public on an opportunistic, 

non-interfering basis within designated 

geographic areas. GAA users could 

include a wide range of residential, 

business, and others, including wireless 

telephone and Internet service 

providers. We propose to authorize 

GAA use in zones where small cell use 

would not interfere with incumbent 

operations. Unlike the Priority Access 

tier, we propose to allow GAA use in 

areas where some interference from 

incumbent operations might be 

expected. We also propose that GAA 

users be required to register in the SAS 

and comply with all applicable 

technical, regulatory, and enforcement 

rules to ensure that GAA users avoid 

causing harmful interference to 

Incumbent Access and Priority Access 

users and always accept harmful 

interference from such users. We also 

seek comment on whether federal 

entities could be authorized GAA users. 

We seek comment on what technologies 

could be used to enable effective GAA 

use of the 3.5 GHz Band. 

11. Under our main proposal, users in 

the Priority Access and GAA tiers 

would be licensed by rule as Citizens 

Broadband Service users under part 95 

of the Commission’s rules. A license-byrule approach would provide 

individuals, organizations, and service 

providers with ‘‘automatic’’ 

authorization to deploy small cell 

systems, in much the same way that our 

Part 15 unlicensed rules have allowed 

widespread deployment of Wi-Fi access 

points. In the present context, we 

believe licensing by rule provides two 

advantages compared to unlicensed 

authorization. First, as a licensed 

service, 3.5 GHz Band operations would 

enjoy greater interference protection 

status in the Table of Frequency 

Allocations consistent with the 

proposed multi-tiered approach. 

Second, licensing by rule might allow 

for a more unified authorization 

framework for multiple tiers of users 

that otherwise might fall into different 

parts of the Commission’s rules. We 

seek comment on whether the proposed 

framework could be implemented 

through other regulatory approaches, 

including through the part 15 

unlicensed rules or through geographic 

area licensing. We also seek comment 

on the benefits that could accrue to 

federal users through use of the Citizens 

Broadband Service. 

12. We also offer a supplemental 

proposal to integrate the 3650–3700 

MHz band within the proposed Citizens 

Broadband Service, thereby 

encompassing an additional 50 

megahertz of contiguous spectrum. The 

Commission currently licenses the 

3650–3700 MHz band on a nonexclusive basis, with protections for 

incumbent FSS operations. The 3650– 

3700 MHz band is used extensively by 

wireless Internet service providers, 

among others, to provide commercial 

broadband service. Expanding the 

Citizens Broadband Service to include 

this band could bring benefits of greater 

spectrum availability and equipment 

scale economies to current 3650–3700 

MHz licensees. Under our proposal, the 

SAS would authorize existing licensees 

as GAA users in the larger, combined 

band, and would authorize higher 

power levels in less congested areas, 

provided there is no risk of harmful 

interference to Incumbent Access or 

Priority Access operations. This 

proposal contemplates conversion of the 

existing non-exclusive licensing 

framework to the license-by-rule 

framework proposed herein. We also 

note that the 3650–3700 MHz band is 

currently allocated on a primary basis to 

the federal radiolocation service in three 

locations. We seek comment on the 

potential impact of these proposed 

changes in the use of the 3650–3700 

MHz band on these and other 

incumbent operations. 

13. If implemented, the new Citizens 

Broadband Service could help address 

the ongoing capacity shortage and 

promote new innovations in broadband 

technology, deployment, and spectrum 

management while protecting 

incumbent authorized federal and 

grandfathered FSS users. In order to 

develop a comprehensive record on this 

proposal, we seek comment on a wide 

range of technical, licensing, and other 

related issues. To that end, we seek 

comment on: (1) Appropriate licensing 

schemes; (2) specific flexible and 

resilient interference mitigation 

technologies and techniques that could 

be implemented by Citizens Broadband 

Service users; (3) appropriate 

deployment strategies for Citizens 

Broadband Service devices; and (4) the 

SAS dynamic database that is 

envisioned to manage access to and use 

of the 3.5 GHz Band. To ensure the 

development of a comprehensive 

record, we may release additional 

notices, analyses, or white papers for 

comment during the course of this 

proceeding. Moreover, because this 

proceeding raises significant novel 

technical issues with respect to sharing 

with federal users, we expect to work 

closely with NTIA and relevant federal 

agencies to perform necessary further 

analysis, and we encourage commenters 

to provide relevant technical input to 

inform this analysis, where appropriate. 

14. Freeze on New Earth Stations. To 

preserve the stability of the spectral 

environment in the 3.5 GHz Band and 

ensure that opportunities continue to 

exist for wireless broadband services as 

proposed in the foregoing Notice, we 

direct the International Bureau to stop 

accepting applications in the 3600–3650 

MHz band for new earth stations in the 

fixed-satellite service that are more than 

10 statute miles from a licensed earth 

station’s coordinates for the duration of 

this proceeding. This application freeze 

is narrowly tailored to ensure a stable 

spectral ecosystem for the proposed 

Citizens Broadband Service, while 

providing reasonable opportunities to 

obtain suitable real estate for the 

placement of new FSS earth station 

facilities near grandfathered earth 

stations. In light of the limited number 

of such grandfathered stations, such a 

freeze is expected to meet the 

immediate needs of earth station 

operators without significantly reducing 

the availability of spectrum for wireless 

broadband services by prohibiting 

expansion of new FSS earth stations in 

the 3600–3650 MHz band segment. 

15. The decision to impose this freeze 

is procedural in nature, and therefore 

the freeze is not subject to the notice 

and comment requirements of the 

Administrative Procedure Act. 

Moreover, for the reasons set forth 

above, in these circumstances there is 

good cause to find that notice and 

comment are impractical, unnecessary, 

and contrary to the public interest 

because it would undercut the purposes 

of the freeze. For the same reasons, and 

in order to avoid undercutting the 

purposes of the freeze, we find that 

there is good cause for making the freeze 

effective as of the release date of this 

NPRM. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Proposed Rules 1191 

II. Procedural Matters 

A. Ex Parte Rules 

16. The proceeding this NPRM 

initiates shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with 

§ 1.1206(b). In proceedings governed by 

§ 1.49(f) or for which the Commission 

has made available a method of 

electronic filing, written ex parte 

presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

17. We exempt from the disclosure 

requirement under our ex parte rules all 

ex parte presentations made by NTIA or 

Department of Defense representatives. 

This NPRM raises significant technical 

issues implicating federal and nonfederal spectrum allocations and users. 

Staff from NTIA, DoD, and the FCC have 

engaged in technical discussions in the 

development of this Notice, and we 

anticipate these discussions will 

continue after this NPRM is released. 

We believe that these discussions will 

benefit from an open exchange of 

information between agencies, and may 

involve sensitive information regarding 

the strategic federal use of the 3.5 GHz 

Band. Recognizing the value of federal 

agency collaboration on the technical 

issues raised in this Notice, NTIA’s 

shared jurisdiction over the 3.5 GHz 

Band, the importance of protecting 

federal users in the 3.5 GHz Band from 

interference, and the goal of enabling 

spectrum sharing to help address the 

ongoing spectrum capacity crunch, we 

find that this exemption serves the 

public interest. 

B. Filing Requirements 

18. Pursuant to §§ 1.415 and 1.419 of 

the Commission’s rules, interested 

parties may file comments and reply 

comments on or before the dates 

indicated on the first page of this 

document. Comments may be filed 

using: (1) The Commission’s Electronic 

Comment Filing System (ECFS), (2) the 

Federal Government’s eRulemaking 

Portal, or (3) by filing paper copies. 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. The filing hours 

are 8:00 a.m. to 7:00 p.m. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

19. Comments, reply comments, and 

ex parte submissions will be available 

for public inspection during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street SW., CY– 

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS. Documents will be available 

electronically in ASCII, Microsoft Word, 

and/or Adobe Acrobat. 

20. To request information in 

accessible formats (Braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). This 

document can also be downloaded in 

Word and Portable Document Format 

(PDF) at: http://www.fcc.gov. 

21. For additional information on this 

proceeding, please contact Paul Powell 

of the Wireless Telecommunications 

Bureau at (202) 418–1613 or 

Paul.Powell@fcc.gov. 

C. Paperwork Reduction Act of 1995 

Analysis 

22. This document contains proposed 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

the Office of Management and Budget 

(OMB) to comment on the information 

collection requirements contained in 

this document, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Public and agency 

comments are due March 11, 2013. 

Comments should address: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimates; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology; 

and (e) way to further reduce the 

information collection burden on small 

business concerns with fewer than 25 

employees. In addition, pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we seek specific comment on 

how we might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

23. In addition to filing comments 

with the Secretary, a copy of any 

comments on the Paperwork Reduction 

Act information collection requirements 

contained herein should be submitted to 


srobinson on DSK4SPTVN1PROD with 
1192 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Proposed Rules 

the Federal Communications 

Commission via email to PRA@fcc.gov 

and to Nicholas A. Fraser, Office of 

Management and Budget, via email to 

Nicholas_A._Fraser@omb.eop.gov or via 

fax at 202–395–5167. 

D. Initial Regulatory Flexibility Analysis 

24. As required by the Regulatory 

Flexibility Act of 1980 (RFA), the 

Commission has prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

relating to the foregoing Notice. Written 

public comments are requested on the 

IRFA. These comments must be filed in 

accordance with the same filing 

deadlines as comments filed in response 

to this NPRM as set forth on the first 

page of this document and have a 

separate and distinct heading 

designating them as responses to the 

IRFA. 

1. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

25. The RFA directs agencies to 

provide a description of, and where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted. See 5 

U.S.C. 603(b)(3). The RFA generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small governmental jurisdiction.’’ 

See 5 U.S.C. 601(6). In addition, the 

term ‘‘small business’’ has the same 

meaning as the term ‘‘small-business 

concern’’ under the Small Business Act. 

See 5 U.S.C. 601(3). A small-business 

concern’’ is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the SBA. See 15 U.S.C. 

632. 

26. In the following paragraphs, the 

Commission further describes and 

estimates the number and type of small 

entities that may be affected by the 

proposals set forth in the Notice. 

However, since the 3.5 GHz Band is not 

currently used by small businesses for 

terrestrial broadband, the proposed new 

service is unlikely to impose significant 

new burdens on small businesses. 

However, if our proposals were adopted, 

small businesses that choose to use the 

Citizens Broadband Service on a Priority 

Access or GAA basis would most likely 

be required to comply with new 

registration and compliance 

requirements, including registration in 

the SAS. In addition, any device 

manufacturers that choose to 

manufacture devices for use in the 3.5 

GHz Band will have to ensure that such 

devices comply with any rules adopted 

in this proceeding. Finally, if our 

supplemental proposal to incorporate 

the 3650–3700 MHz band into the 

proposed Citizens Broadband Service is 

adopted, these new rules will apply to 

any small businesses currently licensed 

to operate in the 3650–3700 MHz band. 

27. Small Businesses, Small 

Organizations, and Small Governmental 

Jurisdictions. The proposals set forth in 

the Notice, may, over time, affect small 

entities that are not easily categorized at 

present. We therefore describe here, at 

the outset, three comprehensive, 

statutory small entity size standards that 

encompass entities that could be 

directly affected by the proposals under 

consideration. As of 2009, small 

businesses represented 99.9% of the 

27.5 million businesses in the United 

States, according to the SBA. 

Additionally, a ‘‘small organization’’ is 

generally ‘‘any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field.’’ Nationwide, as of 2007, there 

were approximately 1,621,315 small 

organizations. Finally, the term ‘‘small 

governmental jurisdiction’’ is defined 

generally as ‘‘governments of cities, 

counties, towns, townships, villages, 

school districts, or special districts, with 

a population of less than fifty 

thousand.’’ Census Bureau data for 2007 

indicate that there were 89,527 

governmental jurisdictions in the 

United States. We estimate that, of this 

total, as many as 88,761 entities may 

qualify as ‘‘small governmental 

jurisdictions.’’ Thus, we estimate that 

most governmental jurisdictions are 

small. 

28. Wireless Telecommunications 

Carriers (except Satellite). This industry 

comprises establishments engaged in 

operating and maintaining switching 

and transmission facilities to provide 

communications via the airwaves. 

Establishments in this industry have 

spectrum licenses and provide services 

using that spectrum, such as cellular 

phone services, paging services, 

wireless Internet access, and wireless 

video services. The appropriate size 

standard under SBA rules is for the 

category Wireless Telecommunications 

Carriers (except satellite). The size 

standard for that category is that a 

business is small if it has 1,500 or fewer 

employees. For this category, census 

data for 2007 show that there were 1,383 

firms that operated for the entire year. 

Of this total, 1,368 firms had 999 or 

fewer employees and 15 had 1000 

employees or more. Thus, under this 

category and the associated small 

business size standard, the Commission 

estimates that the majority of wireless 

telecommunications carriers (except 

satellite) are small entities that may be 

affected by our proposed action. 

29. Radio and Television 

Broadcasting and Wireless 

Communications Equipment 

Manufacturing. The Census Bureau 

defines this category as follows: ‘‘This 

industry comprises establishments 

primarily engaged in manufacturing 

radio and television broadcast and 

wireless communications equipment. 

Examples of products made by these 

establishments are: transmitting and 

receiving antennas, cable television 

equipment, GPS equipment, pagers, 

cellular phones, mobile 

communications equipment, and radio 

and television studio and broadcasting 

equipment.’’ The SBA has developed a 

small business size standard for firms in 

this category, which is: all such firms 

having 750 or fewer employees. 

According to Census Bureau data for 

2002, there were a total of 1,041 

establishments in this category that 

operated for the entire year. Of this 

total, 1,010 had employment of under 

500, and an additional 13 had 

employment of 500 to 999. Thus, under 

this size standard, the majority of firms 

can be considered small. 

30. 3650–3700 MHz Band Licensees. 

In March 2005, the Commission 

released an order providing for the 

nationwide, non-exclusive licensing of 

terrestrial operations, utilizing 

contention-based technologies, in the 

3650 MHz band (i.e., 3650–3700 MHz). 

As of April 2010, more than 1270 

licenses have been granted and more 

than 7433 sites have been registered. 

The Commission has not developed a 

definition of small entities applicable to 

3650–3700 MHz band nationwide, nonexclusive licensees. However, we 

estimate that the majority of these 

licensees are Internet Access Service 

Providers (ISPs) and that most of those 

licensees are small businesses. 

2. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

31. Under the Commission’s proposal, 

all Citizens Broadband Service devices 

must comply with technical and 

operational requirements aimed at 

preventing interference to Incumbent 

Access and Priority Access users, 

including: complying with technical 

parameters (e.g., power and unwanted 

emission limits) as well as RF exposure 

requirements for the type of device; and 

incorporation of geo-location 

capabilities. Citizens Broadband Service 

users would be required to register such 

devices in the SAS. 

32. In addition, if our supplemental 

proposal to incorporate the 3650–3700 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Proposed Rules 1193 

MHz band into the proposed Citizens 

Broadband Service is adopted, small 

businesses operating in this band will 

be required to transition from the 

current non-exclusive nationwide 

licensing approach to the Citizens 

Broadband Service license-by-rule 

approach. This will likely entail 

additional costs and administrative 

burdens. In the NPRM, we seek 

comment on the extent of any such 

potential burdens. 

33. While our proposals would 

require small businesses to register in 

the SAS and comply with the rules 

established for the Citizens Broadband 

Service, they would receive the ability 

to access spectrum that is currently 

unavailable to them. On balance, this 

would constitute a significant benefit for 

small business. 

3. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

34. The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance, rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for small entities.’’ See 5 U.S.C. 

603(c)(1)–(c)(4). 

35. In the NPRM, the Commission 

proposes that all Citizens Broadband 

Service users register in the SAS which 

will manage interference between 

different tiers of users. The NPRM 

specifically invites comments on a range 

of potential technical, legal, and policy 

aspects of its proposal, including 

equipment authorization requirements 

and the specific mechanics of the SAS. 

At this time, the Commission has not 

excluded any alternative proposal 

concerning the operation of the Citizens 

Broadband Service from its 

consideration, but it would do so in this 

proceeding if the record indicates that a 

particular proposal would have a 

significant and unjustifiable adverse 

economic impact on small entities. The 

Commission also solicits alternative 

licensing proposals, especially those 

that would not incur significant and 

unjustifiable adverse impacts on small 

entities. 

36. With regard to the supplemental 

proposal to include the 3650–3700 MHz 

band, we seek comment on the costs 

and benefits of extending the Citizens 

Broadband Service to this band. We also 

specifically seek comment on the 

projected cost to existing 3650–3700 

MHz licensees and the amount of time 

it would take such licensees to 

transition to the new proposed licensing 

regime. 

4. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

37. None. 

E. Congressional Review Act 

38. The Commission will not send a 

copy of the foregoing Order pursuant to 

the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A), because the 

application freeze implemented in such 

Order is a rule of agency organization, 

procedure, or practice that does not 

substantially affect the rights or 

obligations of non-agency parties. Id. at 

804(3)(C). 

III. Ordering Clauses 

39. Pursuant to sections 1, 2, 4(i), 4(j), 

7, 301, 302(a), 303, 307(e), and 316 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

154(j), 157, 301, 302(a), 303, 307(e), and 

316, this NPRM and Order in GN Docket 

No. 12–148 is adopted. 

40. License applications for new earth 

stations in the fixed satellite service, 

which would receive on frequencies in 

the 3600–3650 MHz band on a primary 

basis, filed on or after December 12, 

2012, shall not be accepted unless 

frequencies in this same band are 

currently licensed to an earth station 

within 10 miles of the requested 

coordinates. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2013–00155 Filed 1–7–13; 8:45 am] 

BILLING CODE 6712–01–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Chapter VIII 

[Docket No. NTSB–GC–2012–0002] 

Retrospective Analysis of Existing 

Rules; Notification 

AGENCY: National Transportation Safety 

Board (NTSB or Board). 

ACTION: Notification. 

SUMMARY: On June 25, 2012, the NTSB 

published a request for information 

stating it was undertaking a review of all 

its regulations. 77 FR 37865. The NTSB 

indicated this review would occur as a 

result of Executive Order 13579, 

‘‘Regulation and Independent 

Regulatory Agencies,’’ issued July 11, 

2011, (76 FR 41587, July 14, 2011), 

which directs agencies to review all 

regulations to ensure they are up-to-date 

and comply with the principles 

articulated in Executive Order 13579. 

The NTSB stated it would specifically 

analyze all regulations within 49 CFR 

part 831, concerning accident 

investigation procedures, and publish a 

document setting forth its plan for 

proceeding with updates to its 

regulations. The NTSB collected 

comments from the public concerning 

its regulations, and herein notifies the 

public of its plan to update all NTSB 

regulations. 

ADDRESSES: Copies of this notification, 

published in the Federal Register (FR), 

are available for inspection and copying 

in the NTSB’s public reading room, 

located at 490 L’Enfant Plaza SW., 

Washington, DC 20594–2003. 

Alternatively, documents related to this 

comprehensive review of NTSB 

regulations are available on the 

government-wide Web site on 

regulations at http:// 

www.regulations.gov (Docket ID Number 

NTSB–GC–2012–0002). 

FOR FURTHER INFORMATION CONTACT: 

David Tochen, General Counsel, (202) 

314–6080. 

SUPPLEMENTARY INFORMATION: 

I. Requirement To Review Regulations 

In accordance with Executive Order 

13579, the NTSB published a request for 

information stating it would undertake 

a comprehensive review of its 

regulations. Executive Order 13579 

requests independent agencies issue 

public plans for periodic retrospective 

analysis of their existing ‘‘significant 

regulations.’’ The executive order states 

such analyses should identify any 

significant regulations that may be 

outmoded, ineffective, insufficient, or 

excessively burdensome. Then, the 

agency’s plan should describe how it 

will modify, streamline, expand, or 

repeal those regulations in order to 

achieve the agency’s regulatory 

objective. The President ordered 

agencies to allow for public 

participation in retrospective reviews; 

prioritize their reviews by first 

addressing the regulations that will 

provide the most significant monetary 

savings or in reductions in paperwork 

burdens; and regularly report the status 

of retrospective reviews to OIRA. The 

NTSB is committed to fulfilling the 


srobinson on DSK4SPTVN1PROD with