5440 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 

Barriers to Infrastructure Investment 

(WC Docket No. 17–84). 

Number of Petitions Filed: 1. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2024–01633 Filed 1–26–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 30 

[ET Docket No. 21–286; FCC 23–114; FR 

ID 198341] 

Modifying Emissions Limits for the 

24.25–24.45 GHz and 24.75–25.25 GHz 

Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; solicitation of 

comment. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) proposes to implement 

certain decisions regarding the 24.25– 

27.5 GHz band made in the World 

Radiocommunication Conference held 

by the International Telecommunication 

Union (ITU) in 2019 (WRC–19). 

Specifically, the Commission proposes 

to align part 30 of the Commission’s 

rules for mobile operations with the 

Resolution 750 limits on unwanted 

emissions into the passive 23.6–24.0 

GHz band that were adopted at WRC– 

19. These proposed rule changes would 

help to facilitate the protection of 

passive sensors used for weather 

forecasting and scientific research in the 

23.6 GHz–24.0 GHz band, while 

continuing to promote flexible 

commercial use of the 24.25–24.45 GHz 

and 24.75–25.25 GHz bands 

(collectively, 24 GHz band). The 

Commission also seeks comment on 

alternatives to the proposals it makes, 

and on other related issues. 

DATES: Comments are due on or before 

February 28, 2024; reply comments are 

due on or before March 14, 2024. 

Written comments on the Initial 

Regulatory Flexibility Analysis (IRFA) 

in this document must have a separate 

and distinct heading designating them 

as responses to the IRFA and must be 

submitted by the public on or before 

February 28, 2024. 

ADDRESSES: Pursuant to §§ 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, 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 the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). You may submit 

comments, identified by ET Docket No. 

21–186, by any of the following 

methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

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

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. Filings can be 

sent 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. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, 35 FCC Rcd 2788, 2788–89 (OS 

2020), https://www.fcc.gov/document/ 

fcc-closes-headquarters-open-windowand-changes-hand-delivery-policy. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, computer diskettes, audio 

recordings), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Simon Banyai of the Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–1443 

or Simon.Banyai@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), in ET 

Docket No. 21–186, FCC 23–114; 

adopted on December 12, 2023 and 

released on December 22, 2023. The full 

text of this document is available at 

https://docs.fcc.gov/public/ 

attachments/FCC-23-114A1.pdf. 

Regulatory Flexibility Act: The 

Regulatory Flexibility Act of 1980, as 

amended (RFA), requires that an agency 

prepare a regulatory flexibility analysis 

for notice-and-comment rulemaking 

proceedings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

The Commission seeks comment on 

potential rule and policy changes 

contained in the NPRM, and 

accordingly, has prepared an IRFA. The 

IRFA for this NPRM in ET Docket No. 

21–286 is set forth below in this 

document and written public comments 

are requested. Comments must be filed 

by the deadlines for comments on the 

NPRM indicated under the DATES

section of this document and must have 

a separate and distinct heading 

designating them as responses to the 

IRFA. The Commission reminds 

commenters to file in the appropriate 

docket: ET Docket No. 21–286. 

Ex Parte Rules: The proceeding shall 

be treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 5441 

1 47 CFR 30.203(a). In the bands immediately 

outside and adjacent to the licensee’s frequency 

block, having a bandwidth equal to 10 percent of 

the channel bandwidth, the conductive power or 

the total radiated power of any emission shall be 

¥5 dBm/MHz or lower. As the 23.6–24 GHz 

passive band is 250 megahertz away from the 

UMFUS bands, the ¥5 dBm/MHz does not apply 

within that passive band for UMFUS licensees. 

2For IMT base stations and mobile stations 

brought into use prior to September 1, 2027, the 

more relaxed unwanted emissions limits will 

continue to apply. ITU Radio Regulations (2020), 

Resolution 750 (Rev.WRC–19), Table 1, Vol. 3 at 

519, 522. 

3See Office of Engineering & Technology and the 

Wireless Telecommunications Bureau Seek 

Comment on Emission Limits for the 24.25–27.5 

GHz Band, Public Notice, 36 FCC Rcd 7561 (OET 

WTB 2021) (Public Notice). 

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. 

Paperwork Reduction Act: This 

document does not contain proposed 

information collection requirements to 

the Paperwork Reduction Act of 1995, 

Public Law 104–13. Therefore, it does 

not contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Synopsis 

I. Notice of Proposed Rulemaking in 

WT Docket No. 21–186 

A. Background 

1. The 23.6–24.0 GHz band is 

allocated to the Earth Exploration 

Satellite Service (EESS) (passive), Space 

Research Service (passive), and Radio 

Astronomy Service (RAS) on a primary 

basis. EESS utilizes passive sensors 

located on satellites to measure the 

power level of naturally occurring radio 

emissions from water vapor and cloud 

liquid water molecules in the 

atmosphere, critical measurements for 

climatology science and weather 

forecasting. The National Oceanic and 

Atmospheric Administration (NOAA) 

uses such passive sensors to measure 

moisture data and determine water 

vapor in its weather forecast models. 

Because these naturally occurring 

emissions in the 23.6–24.0 GHz band 

are very weak, the passive sensors 

measuring them are sensitive and 

vulnerable to interference. As these 

sensors receive all natural and manmade emissions in general, passive 

sensors are not able to differentiate 

these two sources of signals. 

2. The Commission first authorized 

service in the 24.25–24.45 GHz and 

25.05–25.25 GHz bands in 1997, when 

it transitioned the Digital Electronic 

Messaging Service (DEMS) to these 

bands from the 18 GHz band. In 2000, 

the Commission adopted competitive 

bidding and service rules for these 

bands and created a 24 GHz Service. 

This 24 GHz Service had a total of 176 

Economic Areas (EA) or EA-like service 

areas. In 2004, the Commission held 

Auction 56, in which it made 880 24 

GHz licenses available. Only seven of 

the 880 licenses were sold. As of 2017, 

there were 33 active DEMS licenses in 

these bands. 

3. In 2017, the Commission 

authorized the 24 GHz band for Upper 

Microwave Flexible Use Services 

(UMFUS), and generally applied the 

same licensing and technical rules to 

UMFUS in the 24 GHz band that it 

applied to UMFUS in other upper 

microwave bands. The UMFUS rules 

allow licensees flexibility as to the 

services they will deploy and the 

architecture of their networks. Under 

these rules, licensees are able to deploy 

mobile services, but they also may 

implement fixed point-to-point and 

point-to-multipoint systems. Among 

other things, the UMFUS rules specify 

that emissions outside of a licensee’s 

assigned frequency block must be 

limited to ¥13 dBm/MHz.1 With 

respect to the passive systems operating 

in the 23.6–24 GHz band, the 

Commission noted that ongoing 

international studies included analyses 

to determine International Mobile 

Telecommunications (IMT) unwanted 

emissions limits necessary to protect 

passive sensors, and it acknowledged 

that the Commission’s UMFUS rules 

might be revisited once these 

international studies had been 

completed. 

4. WRC–19 allocated 24.25–25.25 GHz 

to mobile (except aeronautical) on a 

primary basis in Regions 1 and 2, 

globally identified the 24.25–27.5 GHz 

band for IMT, and established limits on 

unwanted emissions applicable to IMT 

in the 24.25–27.5 GHz band to protect 

EESS passive systems in the 23.6–24.0 

GHz band from harmful interference. To 

protect EESS passive systems, WRC–19 

modified a footnote to the International 

Table of Allocations to add a new limit 

contained in Resolution 750 (Rev. 

WRC–19). Resolution 750 specifies 

unwanted emissions limits in terms of 

Total Radiated Power (TRP) as the 

amount of power that may be radiated 

into any 200 megahertz block of the 

23.6–24.0 GHz passive band by IMT 

base stations and IMT mobile stations 

operating in the 24.25–27.5 GHz band. 

Resolution 750 sets emissions limits for 

current IMT devices as well as more 

stringent emissions limits for IMT 

devices that will be brought into use in 

the 24.25–27.5 GHz band on or after 

September 1, 2027.2 These two sets of 

unwanted emissions limits are shown in 

Table 1. 

5. On April 26, 2021, the Office of 

Engineering and Technology and the 

Wireless Telecommunications Bureau 

issued a Public Notice that sought to 

develop a record on whether and how 

the Commission could implement the 

emissions limits contained in 

Resolution 750 for the active services in 

the 24 GHz band.3 The Public Notice 

specifically sought comment on the 

possibility of amending part 30 of the 

Commission’s rules to conform to the 

unwanted emissions limits into the 

passive 23.6–24.0 GHz band that were 

adopted at WRC–19 and/or to add 

footnotes to the United States Table of 

Frequency Allocations at part 2 of the 

Commission’s rules. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP29JA24.023</GPH>

Table 1: WRC-19 Resolution. 750 Unwanted emissions permitted within any 200 megahertz in the 

23.6-24 GHz pasm-re band 

Type of Station Current TRP Limits TRPLlmits AfterSepl 1, 2027 

IMfI' Base Statiom --33dBW -39dBW 

IMT Mobile Stations -29dBW -3:SdBW 
5442 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 

4The Commission notes that, in 2017, the 

Commission provided notice that ongoing 

international studies included analyses to 

determine IMT–2020 OOBE limits necessary to 

protect passive sensors onboard weather satellites 

in the 23.6–24 GHz band, and that once the studies 

were completed, new rules might be necessary for 

protection of these operations. In the Matter of Use 

of Spectrum Bands Above 24 GHz for Mobile Radio 

Servs., 32 FCC Rcd. 10988, 10997, para. 22 (2017). 

5The Commission notes that after WRC–19, the 

European Union modified its stricter limits stating 

that ‘‘[t]he continued application of the current 

more stringent EU-harmonised protection limits in 

the single market would provide greater protection 

of the EESS (passive) across the territory of the 

Union. However the application of protection limits 

in the Union that differed from those applied in the 

rest of the world, in particular by being more 

stringent may affect the degree of equipment 

availability and choice, which in turn may have a 

negative impact on equipment costs and the scale 

of investments in high-capacity (5G) networks . . .’’ 

and concluded that ‘‘Decision (EU) 2019/784 

should be amended in order to preserve the balance 

of Union policies on 5G deployment and the 

monitoring of the Earth’s atmosphere and surface 

and to foster the Union’s role as a leader in the 

global 5G ecosystem of equipment and services.’’). 

See EU Commission implementing Decision (EU) 

2020/590 (24 April 2020) amending Decision (EU) 

2019/784, at https://docdb.cept.org/download/167. 

6 IEEE neither supports nor rejects the WRC–19 

limits but propose the alternative of supporting 

whichever limit allows for the least power to be 

emitted into the 23.6–24.0 GHz band. IEEE 

Comments at 4. IEEE also argues it is necessary to 

understand the filter roll-off characteristics of the 

equipment being used in order to calculate the 

amount of power that would be transmitted by that 

equipment into a 200 MHz block of the 23.6–24.0 

GHz band, and therefore requests that the 

Commission delay making a decision on limits until 

the Commission has completed such an evaluation. 

Id. Assuming the Commission adopts rules that will 

limit the amount of unwanted emissions into the 

EESS band, its licensees will be required to comply 

with those limits by any means necessary. Although 

6. The Public Notice sought comment 

regarding what level of emissions could 

be expected within the 23.6–24.0 GHz 

band from UMFUS transmitters, and 

whether and to what extent new 5G 

deployments at the current UMFUS 

emissions limits could cause harmful 

interference to passive systems 

operating in the 23.6–24.0 GHz. It also 

asked how equipment intended for use 

under the UMFUS rules in the 24 GHz 

band could be reconfigured to conform 

to both the current and future 

Resolution 750 unwanted emissions 

limits. In addition, the Public Notice 

asked whether licensees could meet the 

Resolution 750 deadlines, as well as 

whether the Commission could help 

facilitate a more accelerated timeframe. 

It also inquired whether such emissions 

limits should be measured as conducted 

power or total radiated power. 

7. The Public Notice also sought 

comment on the scope of operations that 

would be covered if the Commission 

were to adopt the emissions limits in 

Resolution 750 for the 24.25–27.5 GHz 

band. In particular, it sought comment 

on whether the Resolution 750 

unwanted emissions limits should 

apply to (1) IMT mobile systems only, 

(2) all mobile systems, or (3) all systems, 

including fixed point-to-point and 

point-to-multipoint systems. As noted 

above, the unwanted emissions limits of 

Resolution 750 apply only to IMT base 

stations and mobile stations. IMT 

standards are not specific technologies, 

but rather specifications and 

requirements for high-speed mobile 

broadband service. The Public Notice 

noted that Resolution 750 specified TRP 

as the only means of measuring whether 

equipment met the required emissions 

limits. It asked if there are any 

difficulties in performing over the air 

TRP measurements at such low signal 

levels in the 24.25–24.45 GHz and 

24.75–25.25 GHz bands and whether a 

conductive power methodology should 

be permitted as an alternative means of 

demonstrating compliance with the 

emissions limits for equipment 

certification. 

8. Comments on the Public Notice 

were due June 26, 2021, and reply 

comments were due July 26, 2021. The 

Office of Engineering and Technology 

and Wireless Telecommunications 

Bureau received ten comments, and four 

reply comments. 

II. Discussion 

A. Revision of Commission Rules To 

Adopt Resolution 750 Unwanted 

Emissions Limits 

9. The Commission proposes to adopt 

the Resolution 750 unwanted emissions 

limits adopt WRC–19, to apply them to 

all mobile systems in the 24 GHz band, 

and to incorporate those limits into its 

part 30 technical rules as well as 

codifying them in a new U.S. footnote 

to the Table of Frequency Allocations 

(Allocation Table). Under this proposal, 

as of the effective date of the rules, 

mobile operations in the 24 GHz band 

would be required to comply with the 

current TRP limits adopted at WRC–19. 

The Commission seeks comment on this 

proposal and on alternative limits, 

including the effect of any changes to 

existing limits on smaller entities. The 

Commission also seeks comment on the 

schedule for adoption of any revised 

limits, including adjustments that 

should be made for smaller entities to 

come into compliance. Appropriate outof-band emissions limits in the 24.25– 

27.5 GHz band are important to protect 

passive sensing operations in the 23.6– 

24.0 GHz band, which are central to 

weather forecasting and scientific 

research. 

10. Based on the record before the 

Commission, it appears that the 

proposed Resolution 750 unwanted 

emission limits likely strike the 

appropriate balance between protecting 

passive sensing and facilitating use of 

the 24 GHz band.4 NTIA, AT&T, CTIA, 

Nokia, T-Mobile, Ericsson, Marcus & 

Jornet, and AGU/AMS/NWA support 

adopting these limits. They argue that 

adopting these limits would provide 

important protection to extremely 

sensitive passive satellite operations, 

would allow 5G to continue to develop 

and deploy in the U.S., would be 

consistent with U.S. policy as a 

signatory to the treaty of the text of the 

Radio Regulations, and would promote 

international harmonization. Moreover, 

NTIA asserts that adopting the rules 

would help to meet the 

Administration’s goals for climate 

monitoring and climatological science, 

would enable the U.S. to maintain its 

position as a world leader in 

telecommunications, and would enable 

manufacturers to produce equipment 

marketable across the globe. The 

Commission asks parties that support 

adopting the Resolution 750 limits to 

quantify the benefits of these limits. 

11. The Commission notes that, while 

equipment manufacturers support 

adopting the Resolution 750 limits, 

Qualcomm, in its comments to the 

Public Notice, opposes adopting these 

limits because it alleges that they will 

require equipment that uses the 24 GHz 

UMFUS band to operate with lower inband power levels. The Commission 

seeks comment on Qualcomm’s 

concerns. In particular, the Commission 

asks parties that argue that adoption of 

the Resolution 750 limits would 

increase network deployment costs to 

quantify these additional costs and to 

specify the impact on existing and 

future service. Commenters should 

separately discuss deployment costs 

associated with the current limits and 

limits recommended for implementation 

after Sept. 1, 2027. 

12. The Commission proposes to 

adopt the limits set forth in Resolution 

750. In doing so, the Commission also 

seeks comment on whether some 

changes to these limits may be 

appropriate to help strike the best 

balance and better serve the public 

interest in the United States while 

protecting EESS operations in the 23.6– 

24.0 GHz band. For example, CORF 

asserts that the WRC limits are not 

stringent enough to protect EESS 

operations, and it requests that the 

Commission should either adopt the 

European OOBE standard it offered 

going into WRC–19 (¥42 dBW in 200 

MHz) 5 or the World Meteorological 

Organization (WMO) proposal (¥54 

dBW in 200 MHz).6 CORF also points 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 5443 

the Commission invites commenters to provide 

information on filter roll-off characteristics, the 

Commission sees no need to delay this proceeding 

pending such information. 

7Compare United States Table of Allocations, 47 

CFR 2.106(c)(74) (‘‘In the bands . . . 23.6–24.0 . . . 

GHz, the radio astronomy service shall be protected 

from unwanted emissions only to the extent that 

such radiation exceeds the level which would be 

present if the offending station were operating in 

compliance with the technical standards or criteria 

applicable to the service in which it operates.’’) 

with id. at (c)(246) (‘‘No station shall be authorized 

to transmit in the following bands . . .’’). 

8See 47 CFR 2.1 (‘‘Mobile Service. A 

radiocommunication service between mobile and 

land stations, or between mobile stations.’’); see 

also 47 CFR 20.3 (‘‘Mobile Service. A radio 

communication service carried on between mobile 

stations or receivers and land stations, and by 

mobile stations communicating among themselves, 

and includes: (a) Both one-way and two-way radio 

communications services; (b) A mobile service 

which provides a regularly interacting group of 

base, mobile, portable, and associated control and 

relay stations (whether licensed on an individual, 

cooperative, or multiple basis) for private one-way 

or two-way land mobile radio communications by 

eligible users over designated areas of operation; 

and (c) Any service for which a license is required 

in a personal communications service under part 24 

of this chapter.’’) 

9Qualcomm opposes the WRC limits and asks the 

Commission to maintain the existing ¥13 dBm/ 

MHz OOBE standard, but to the extent the 

Commission will adopt the WRC limits, it asks that 

they apply only to mobile deployments. Qualcomm 

Comments at 2. 

10Point-to-multipoint operations include 

transportable user equipment, where the user 

equipment is not intended to be used while in 

motion, but the equipment could be moved when 

not in operation. See 47 CFR 30.2. 

11NTIA further submits that the applicability of 

OOBE limits to fixed deployments is an issue that 

could merit explicit study—perhaps jointly by the 

Commission and NTIA—to gain sufficient 

confidence to relax the rules for fixed services. 

NTIA Comments at 12. 

12The Commission notes the arguments that the 

scientific community is unable to determine 

whether data has been corrupted by low-level 

interference. See CORF Comments at 13–14. 

out that although the primary focus of 

the Public Notice was protecting EESS, 

RAS also has a co-primary allocation at 

23.6–24.0 GHz. 

13. AT&T, T-Mobile, and CTIA 

request that the Commissionrejectthe 

more stringent limits suggested by 

CORF. AT&T argues that the stricter 

limits mayhinder the roll-out and 

growth of 5G services. T-Mobile notes 

that theResolution 750 limitsfrom the 

ITUwere carefully considered andare a 

product of extensive collaboration, and 

that CORF has not demonstrated why 

these limits are inadequate. CTIA argues 

thatadopting CORF’s proposal would 

conflict withthe notice that it asserts 

was given to bidders in the 24 GHz 

auctionthat theCommissionwould 

notadopt limits that are significantly 

stricter than whatwas agreed to at WRC– 

19. The Commission seeks comment on 

CORF’s proposal in the record. Parties 

supporting changes to the Resolution 

750 unwanted emission limits should 

provide additional technical 

justification and explain why any 

stricter changes are necessary to protect 

EESS operations in the United States. 

While CORF also raises issues 

concerning RAS, the Commission notes 

that Resolution 750 was limited to 

protection of EESS, and RAS is outside 

the scope of this proceeding. The 

Commission also notes that RAS 

observations that are protected under 

US74 historically have received a lower 

level of protection than EESS.7

14. The Commission proposes to 

make any changes to the limits on 

emissions into the 23.6–24.0 GHz band 

by amending its part 30 rules and 

adding a footnote to the U.S. Table of 

Allocations. Since the Commission’s 

part 30 rules already contain a rule 

governing emissions limits, it appears to 

be appropriate to incorporate any 

changes the Commission makes in this 

proceeding into that rule. CORF, CTIA, 

and T-Mobile all support incorporating 

any changes to the Commission’s 

emissions limits into part 30 of the 

Commission’s rules. The Commission 

seeks comment on alternative 

approaches. 

B. Services Subject to Resolution 750 

Unwanted Emissions Limits 

15. The Commission proposes to 

apply the Resolution 750 unwanted 

emissions limits to all mobile operations 

(as defined in parts 2 and 20 of the 

Commission’s rules) 8 in the 24 GHz 

band, not just to IMT operations. While 

WRC–19 only applied the unwanted 

emissions limits of Resolution 750 to 

IMT base stations and mobile stations, 

the Commission’s rules do not define 

IMT and do not require that equipment 

complying with a particular technical 

standard be used in a band licensed 

under the UMFUS rules. Accordingly, 

attempting to treat non-IMT mobile 

operations differently than IMT mobile 

operations could cause confusion and 

difficulties with enforcing the limits. 

The Commission also does not see a 

technical justification for applying 

different emissions limits to IMT and 

non-IMT mobile systems. NTIA believes 

that device and deployment density, 

along with pointing angles toward the 

satellite, are the predominant factors in 

causing interference to the passive 

satellite sensors, and these factors are 

not unique to IMT but common to all 

mobile systems. Additionally, the 

Commission notes that NTIA, CORF, 

and various wireless industry 

commenters support applying any 

revised emissions limits to all mobile 

operations, while no commenter 

supports applying the Resolution 750 

emissions limits to only IMT mobile 

operations.9 The Commission seeks 

comment on this proposal. The 

Commission also seeks comment on 

NTIA’s request that the Commission 

apply the Resolution 750 unwanted 

emissions limits to fixed operations, 

including point-to-point and point-tomultipoint operations,10 though the 

Commission acknowledges that WRC– 

19 did not study fixed deployments. 

NTIA argues the Commission should 

apply the two-phased WRC–19 

emissions limit timetable described 

below to fixed deployments. It asserts 

that fixed services that cannot comply 

with the WRC–19 OOBE limits, or that 

cannot meet the phased approach, 

should be constructed to operate with 

no greater than 0 degree antenna up-tilt 

to protect satellite operations.11 NTIA 

further submits that the applicability of 

OOBE limits to fixed deployments is an 

issue that could merit explicit study— 

perhaps jointly by the Commission and 

NTIA—to gain sufficient confidence to 

relax the rules for fixed services. CORF 

and IEEE also want all potential UMFUS 

operations, mobile and fixed, to be 

subject to enhanced OOBE standards. 

16. The Commission seeks comment 

on whether it would be necessary to 

apply emissions limits stricter than ¥13 

dBm/MHz to fixed operations in the 24 

GHz band. Proponents of applying 

stricter limits as well as those arguing 

for maintaining the existing limits 

should provide specific technical data 

justifying their respective positions, as 

well as the costs and benefits of 

applying stricter limits or of keeping the 

existing limits.12 The Commission notes 

that numerous point-to-point 

microwave links deployed by nonfederal and federal operators in the 

21.2–23.6 GHz band (which has 

propagation characteristics similar to 

the 24 GHz band and is immediately 

adjacent to the 23.6–24.0 GHz passive 

band) operate with the same unwanted 

emissions limits that apply under the 

UMFUS rules. The Commission seeks 

comment on whether these existing 

deployments have caused harmful 

interference to passive sensors in the 

23.6–24.0 GHz band, and on the 

likelihood that the tighter beams of 

fixed point-to-point systems will be 

detected by passive instruments in 

space. The Commission also seeks 

comment on whether there are material 

differences between existing fixed 

point-to-point systems and fixed pointto-point and point-to-multipoint 

systems that may be deployed in the 24 

GHz band in the future and how such 


ddrumheller on DSK120RN23PROD with PROPOSALS1
5444 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 

13Nokia states its equipment meets the current 

WRC limits and that it is devoting substantial 

resources to meet the stricter limits by, but not 

earlier than, September 1, 2027. Nokia Comments 

at 1–2. Likewise, Ericsson states it already designs 

its equipment to meet the current, phase 1 WRC– 

19 limits, but cannot guarantee meeting the stricter, 

phase 2 limits prior to September 2027. Ericsson 

Comments at 4. AT&T states its planning is 

designed to meet Phase 1, but Phase 2 is 

significantly more restrictive and will require 

research and development, arguing against 

accelerated deadlines. AT&T Reply Comments at 

3–4. 

14See 47 CFR 2.803, 30.201. Part 30 transmitters 

used for fixed point-to-point microwave and pointto-multipoint services do not require certification. 

See also 47 U.S.C. 302a(b) (stating that no person 

shall manufacture, import, sell, offer for sale, or 

ship devices or home electronic equipment and 

systems, or use devices, which fail to comply with 

regulations promulgated under the Act). 

systems might impact emissions into the 

23.6–24.0 GHz band. Further, the 

Commission seeks comment on NTIA’s 

alternative suggestions of limiting the 

elevation angles of fixed deployments. 

17. Finally, the Commission seeks 

comment on Ericsson’s and AT&T’s 

proposal that indoor small-cell systems 

be exempt from the Resolution 750 

limits. The Commission urges parties 

who support an exemption for indoor 

systems to include a technical 

justification for treating indoor smallcell systems differently. The 

Commission notes that indoor systems 

normally run at lower power and should 

have less difficulty meeting the 

Resolution 750 limits. Conversely, 

building attenuation would further 

reduce the likelihood of unwanted 

emissions in the 23.6–24 GHz passive 

band from indoor small cell 

transmitters. 

C. Timetable for Application of WRC–19 

Limits 

18. The Commission proposes to 

apply the new Resolution 750 unwanted 

emissions limits on the timeframes 

adopted at WRC–19. Under this 

proposal, the first phase limits (¥33 

dBW for base stations, ¥29 dBW for 

mobile stations) would apply as of the 

effective date of the rules, and the 

second phase limits (¥39 dBW for base 

stations, ¥35 dBW for mobile stations) 

would apply to all deployments after 

September 1, 2027. AT&T, CTIA, 

Ericsson, Nokia, and T-Mobile support 

adopting the WRC limits on the 

timeframes adopted by WRC–19. The 

Commission notes that no party has 

alleged that there will be a problem 

complying with the first phase limits or 

has asserted that existing deployments 

in the 24 GHz band would be 

constrained by such limits. AT&T, 

Ericsson, and Nokia state they will have 

equipment that meets the interim Phase 

1 standard, and that they are working on 

compliance with the 2027 standards, 

which will depend on advances in 

chipsets and significant research and 

development.13 CTIA asserts that 

licensees and manufacturers have relied 

on the WRC–19 decisions in developing 

equipment and planning deployment, 

and it notes that the 3rd Generation 

Partnership Project (3GPP) standards 

development organization is adopting 

these limits into its standards for 

equipment operating in the band based 

on the timeframes determined at WRC– 

19. The Commission seeks comment on 

this proposal. 

19. One of the tools that the 

Commission uses to ensure compliance 

with its technical rules is its equipment 

authorization program for RF devices, 

which is codified in part 2 of its rules. 

In general, and for 24 GHz band devices 

used for mobile services, RF devices 

must comply with the Commission’s 

technical and equipment authorization 

requirements before they can be 

imported into or marketed in the United 

States.14 Because the unwanted 

emission limits for base stations and 

mobile stations will change after 

September 1, 2027 under the 

Commission’s proposal, equipment 

certifications based on compliance with 

the first phase limits would expire on 

that date. Any equipment remaining in 

the supply chain—i.e. in warehouses or 

in transit—would then be illegal to sell 

or install under the Commission’s rules. 

To minimize this issue, the Commission 

seeks comment on whether the 

Commission should prohibit the grant of 

new equipment certifications for, or the 

importation of, equipment not 

complying with the phase two 

unwanted emission limits at a date prior 

to September 1, 2027. For example, the 

Commission could cease granting new 

equipment certifications or permitting 

importation of equipment certified as 

complying with only the first phase 

limits after March 1, 2027—six months 

before the implementation of the second 

phase limits. Adopting such a rule 

could help prevent equipment that does 

not comply with the phase two 

unwanted emission limits from being 

deployed after September 1, 2027. The 

Commission would expect equipment 

manufacturers and distributors to 

manage their inventories to comply with 

the rules that the Commission adopts. 

20. IEEE asks that the U.S. apply the 

stricter Phase 2 standards on an 

accelerated schedule for new 

deployments and in 2027 for all 

deployments, consistent with the 

European Union. The Commission seeks 

comment on the feasibility and 

appropriateness of accelerating the 

deadline for compliance with the Phase 

2 standards. In that regard, the 

Commission requests that equipment 

manufacturers and 24 GHz licensees 

provide further information on 

timelines for mobile equipment 

availability and system deployment. As 

noted above, while equipment 

manufacturers are working on 

equipment that would comply with the 

Phase 2 standards, it is not clear that 

equipment meeting the Phase 2 

standards would be widely available on 

an accelerated time frame. Furthermore, 

the Phase 2 standards anticipate 

ubiquitous deployment of mobile 

systems in the band, and it is not clear 

that widespread deployment of mobile 

systems will occur in the band before 

2027. The Commission also notes that 

licensees in the band in the U.S. will 

not be required to demonstrate buildout 

before 2029. 

21. NTIA requests that the 

Commission incentivize early adoption 

of the 2027 WRC limits, asserting that 

the WRC limits are based on estimates 

of gradual 5G deployment, which is at 

odds with the United States’ national 

priority of rapid 5G deployment. Noting 

that rapid 5G deployment in a range of 

frequency bands covering high-band, 

mid-band, and low-band spectrum is a 

priority for many countries around the 

world, and that international 5G 

deployments are well underway, the 

Commission seeks comment on NTIA’s 

request. What incentives would 

facilitate deployment of equipment that 

meets the Phase 2 limits? Are there 

steps the Commission can take to 

encourage the development and 

deployment of equipment that meets the 

Phase 2 standards? 

22. NTIA urges, and AGU/AMS/NWA 

agrees, that base stations and user 

equipment modified or replaced after 

September 1, 2027, should comply with 

the post-2027 (e.g., ¥39 dBW) OOBE 

levels. CTIA argues this requirement is 

overly broad and would effectively 

prevent licensees from making any 

changes to existing deployments 

without purchasing and installing 

entirely new equipment; furthermore, it 

asserts the WRC–19 decision makes 

clear that the more stringent limits 

apply to equipment brought into use 

after September 2027, and that 

equipment brought into use before that 

date will continue to be subject to the 

initial emissions limits. T-Mobile notes 

that equipment can be ‘‘modified’’ in a 

number of insignificant ways, and thus, 

the Commission should only treat base 

station modifications that affect the 

emissions characteristics as 

‘‘modifications.’’ In contrast, AGU/ 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 5445 

15 In Europe, the initial focus on licensing has 

been the 26.5–27.5 GHz band. See, e.g., Global 

update on spectrum for 4G & 5G, Qualcomm 

Corporation, December 2020, available at https://

www.qualcomm.com/media/documents/files/ 

spectrum-for-4g-and-5g.pdf at 11. 

16See Use of Spectrum Bands Above 24 GHz For 

Mobile Radio Services, et al., GN Docket No. 14– 

177, IB Docket Nos. 15–256 and 97–95, RM–11664, 

WT Docket No. 10–112, Report and Order and 

Further Notice of Proposed Rulemaking, 31 FCC 

Rcd 8014, 8120, para. 303 (2016) (Spectrum 

Frontiers 1st R&O); Tadahiro Watanabe et al., Total 

Radiated Power Measurement above 1 GHz with 

Partially-Spherical Scanning of a Probe, 2009 

Proceedings of the Institute of Electronics, 

Information and Communication Engineers at 179 

(http://www.ieice.org/proceedings/EMC09/pdf/ 

21R3-3.pdf). As Ericsson has pointed out, this 

requires measurements to be made in a controlled 

environment, such as an anechoic or reverberation 

chamber. Ericsson Comments at 3–4. 

17Resolution 750 specifies that the unwanted 

emissions for all other bands except for 23.6–24.0 

GHz should be measured at the antenna port—i.e., 

they are conductive power limits. ITU Radio 

Regulations (2020), Resolution 750 (Rev.WRC–19), 

Table 1, Table 2 Vol. 3 at 519–524 https://

www.itu.int/en/myitu/Publications/2020/09/02/14/ 

23/Radio-Regulations-2020. The Commission’s 

rules have traditionally specified out-of-band 

emissions limits in terms of conductive power and 

only permit TRP as an option in the UMFUS rules, 

which were adopted in 2016 and which also specify 

a conductive limit. 47 CFR 30.203(a); Spectrum 

Frontiers 1st R&O, 31 FCC Rcd at 8119–21, paras. 

301–304. 

AMS/NWA recommends that all legacy 

equipment installed prior to 2027 that 

does not meet the more stringent limits 

should be given a sunset date of 

September 1, 2028, for retrofit or 

replacement to comply with the Phase 

2 limits. CTIA and AT&T respond that 

the Commission should not apply a 

more stringent emissions limit to any 

equipment that is modified or replaced 

after September 2027. 

23. The Commission seeks comment 

on adopting a timetable that matches 

what was adopted at WRC–19; i.e., 

deployments would be required to meet 

the first phase limits as of the effective 

date of any rules the Commission 

adopts, and deployments after 

September 1, 2027 would be required to 

meet the stricter second phase limits. 

The Commission notes the concern that 

significant research and development 

will be required to meet the 2027 

deadline in the U.S. The Commission 

seeks comment on rules for 

transitioning equipment deployed under 

the Phase 1 limits, including the 

proposal of NTIA and others that parties 

modifying or replacing equipment after 

September 1, 2027 must meet the more 

stringent OOBE limit (e.g., ¥39 dBW). 

The Commission seeks to understand 

what would constitute ‘‘replacement’’ or 

‘‘modification’’ of equipment under 

such a proposal. What sort of technical 

changes would constitute a 

‘‘modification’’ for this purpose? Would 

any alterations qualify, or only those 

which altered certain technical 

parameters, such as antenna height? To 

the extent that parties are correct that 

the U.S. would be better served by 

having its equipment ecosystem meet 

stricter emissions limits by 2024 as is 

required in Europe,15 the Commission 

seeks comment on whether there are 

any steps it can take to facilitate early 

adoption of the 2027 limit. 

Additionally, as noted above, the 

Commission seeks comment on whether 

a different implementation schedule 

would be appropriate for smaller 

entities and if so, what would be the 

related costs and benefits. 

D. Measurement of Unwanted Emissions 

24. Currently, the UMFUS rules 

permit equipment manufacturers the 

flexibility of demonstrating compliance 

with the out-of-band emissions limits by 

using either a TRP or conductive 

methodology when obtaining equipment 

certification. To the extent that the 

Commission adopts new emissions 

limits to protect passive sensors in the 

23.6–24.0 GHz band, the Commission 

proposes to allow compliance with the 

unwanted emissions limits for the 23.6– 

24.0 GHz band to be demonstrated using 

TRP measurements, and the 

Commission seeks comment on whether 

to permit use of conductive power 

measurements as well. 

25. CTIA, Nokia, and AT&T support 

the Commission permitting use of either 

TRP or conductive power 

methodologies to measure emissions, 

while NTIA, AGU/AMS/NWA, and 

Ericsson argue that only TRP should be 

allowed, consistent with the rules 

adopted at WRC–19. CTIA urges the 

Commission to allow for measurement 

of emissions either in terms of TRP or 

conductive power to provide 

manufacturers the flexibility to 

determine the most feasible approach 

for a particular device without affecting 

compliance with the established limits. 

Other commenters assert that the 

Commission should not permit the 

conductive power methodology to be 

used to measure emissions into the 

23.6–24.0 GHz band. NTIA suggests that 

only TRP measurements should be 

permitted because the Resolution 750 

unwanted emissions limits are based on 

the use of TRP and because conductive 

power, while useful, is presently less 

understood than TRP. Ericsson adds 

that mobile terrestrial systems are 

increasingly relying on large arrays of 

active antenna elements in their design, 

and there are no physical connections to 

the antenna elements, making 

conductive power measurements 

unnecessary. Ericsson does not 

anticipate encountering any difficulties 

in performing TRP measurements on 

low signal levels in the 24.25–24.45 

GHz and 24.75–25.25 GHz bands in a 

controlled chamber environment, such 

as anechoic chambers, where reliable 

and repeatable power measurements can 

be taken at discrete sets of points from 

all directions from the antenna. AGU/ 

AMS/NWA recognize Ericsson’s support 

for TRP and state that permitting 

multiple measurement techniques 

would make it difficult for the scientific 

community to use the measurement data 

from licensees to determine if those 

emissions may be detrimental to passive 

sensing measurements. 

26. The Commission notes that no 

party objects to including TRP 

measurements as an acceptable 

alternative. As the Commission stated in 

the Spectrum Frontiers proceeding, 

however, a TRP measurement of a 

device requires that EIRP measurements 

be made around a spherical surface 

surrounding the device for both 

polarizations, and as a result it can be 

time consuming and difficult.16 Given 

the complexity of making TRP 

measurements, the Commission seeks 

comment on whether allowing 

equipment manufacturers to use 

conductive power or other measurement 

alternatives will result in the increased 

potential for harmful interference to 

occur to 23.6–24.0 GHz band passive 

sensors. The Commission also seeks 

comment on whether equipment with 

accessible connections to make 

conductive power measurements has 

been manufactured or will likely be 

manufactured for use in this band. To 

the extent that commenters advocate 

against use of conductive power 

methodology for measuring unwanted 

emissions into the 23.6–24.0 GHz band, 

the Commission seeks comment on how 

to distinguish its disallowance in this 

band from generally accepted use 

domestically and internationally in 

other bands.17

E. Other Matters 

27. Marcus & Jornet support adopting 

the WRC limits but ask the Commission 

to consider alternative antenna 

technologies or standards that they 

believe would protect passive sensing. 

For example, they urge the Commission 

to entertain waiver requests for 

alternative antenna technologies that 

demonstrate that the resulting emissions 

will protect the passive satellites to the 

limits stated in Recommendation ITU– 

R RS.2017–0. The Commission will 

consider waiver requests in accordance 

with its normal practice if a specific 

request is filed, and in light of the 

specific circumstances, and does not see 


ddrumheller on DSK120RN23PROD with PROPOSALS1
5446 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 

18The term ‘‘equity’’ is used here consistent with 

Executive Order 13985 as the consistent and 

systematic fair, just, and impartial treatment of all 

individuals, including individuals who belong to 

underserved communities that have been denied 

such treatment, such as Black, Latino, and 

Indigenous and Native American persons, Asian 

Americans and Pacific Islanders and other persons 

of color; members of religious minorities; lesbian, 

gay, bisexual, transgender, and queer (LGBTQ+) 

persons; persons with disabilities; persons who live 

in rural areas; and persons otherwise adversely 

affected by persistent poverty or inequality. See 

Exec. Order No. 13985, 86 FR 7009, Executive 

Order on Advancing Racial Equity and Support for 

Underserved Communities Through the Federal 

Government (January 20, 2021). 

the need to seek comment on such 

requests here. 

28. Meanwhile, Choyu Networks 

offers a proposal for Real-time 

Geospatial Spectrum Sharing (RGSS) as 

a method to ensure the protection of 

EESS radiometers from interference 

while enabling adjacent and coincident 

radio frequency spectrum to be used for 

5G/6G (or alternative) communication 

networks. While the concept has 

potential interest, Choyu Networks 

admits that further research would be 

necessary to develop even a proof of 

concept RGSS system. Accordingly, it 

would appear to be premature to 

develop proposed rules based on an 

RGSS system at this time, but the 

Commission seeks comment on this 

alternative proposal. 

F. Digital Equity and Inclusion 

29. Finally, the Commission, as part 

of its continuing effort to advance 

digital equity for all, including people of 

color, persons with disabilities, persons 

who live in rural or Tribal areas, and 

others who are or have been historically 

underserved, marginalized, or adversely 

affected by persistent poverty or 

inequality, invites comment on any 

equity-related considerations 18 and 

benefits (if any) that may be associated 

with the proposals and issues discussed 

herein. Specifically, the Commission 

seeks comment on how its proposals 

may promote or inhibit advances in 

diversity, equity, inclusion, and 

accessibility, as well the scope of the 

Commission’s relevant legal authority. 

III. Initial Regulatory Flexibility 

Analysis 

30. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission has prepared 

this Initial Regulatory Flexibility 

Analysis (IRFA) of the possible 

significant economic impact on a 

substantial number of small entities by 

the policies and rules proposed in this 

NPRM. Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines 

specified in the NPRM for comments. 

The Commission will send a copy of the 

NPRM, including this IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration (SBA). In 

addition, the NPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register. 

A. Need for, and Objectives of, the 

Proposed Rules 

31. In the NPRM, the Commission 

proposes to implement certain decisions 

regarding the 24.25–27.5 GHz band 

made in the World 

Radiocommunication Conference held 

by the International Telecommunication 

Union (ITU) in 2019 (WRC–19). 

Specifically, the Commission proposes 

to adopt the Resolution 750 limits, 

apply them to all mobile systems, and 

incorporate those limits into its part 30 

technical rules. The Commission also 

proposes to adopt the WRC–19 

timeframes for the Resolution 750 

emissions limits. Resolution 750 defines 

current unwanted emissions limits, 

measured in terms of Total Radiated 

Power (TRP), for IMT base and mobile 

stations and a stricter set of emissions 

limits for the same stations that will 

become effective after September 1, 

2027. Consistent with Resolution 750, 

the Commission proposes to adopt the 

use of TRP to measure compliance with 

the unwanted emissions limits for the 

23.6–24.0 GHz band. The Commission 

seeks comment on these proposals and 

invites comment on alternative 

proposals and approaches such as 

applying Resolution 750 limits to fixed 

operations or applying them on a more 

abbreviated timeframe, adopting stricter 

emissions limits, and permitting the use 

of conductive power to measure 

compliance with the unwanted 

emissions limits. The Commission also 

seeks comment on equipment 

manufacturers’ capacity to meet the 

proposed timelines, and whether 

adoption of the Resolution 750 

emissions limits would increase 

network deployment costs with the 

directive to commenters to quantify any 

additional costs that would be incurred 

and discuss what if any impact there 

would be on service. By adopting 

certain requirements consistent 

Resolution 750 and aligning them with 

part 30 of the Commission’s rules, the 

Commission hopes to ensure the 

protection of Earth Exploration Satellite 

Service (EESS) passive operations in the 

23.6–24.0 GHz band, which are critical 

for accurate climate monitoring and 

weather forecasting as well as for 

climatology science. 

B. Legal Basis 

32. The proposed action is authorized 

pursuant to sections 4(i), 301, 302, 

303(r), 308, 309, and 333 of the 

Communications Act of 1934, 47 U.S.C. 

154(i), 301, 302a, 303(r), 308, 309, 333. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

33. 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 and policies, if 

adopted. The RFA generally defines the 

term ‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

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. 

34. Small Businesses, Small 

Organizations, Small Governmental 

Jurisdictions. The Commission’s actions, 

over time, may affect small entities that 

are not easily categorized at present. 

The Commission therefore describes 

here, at the outset, three broad groups of 

small entities that could be directly 

affected herein. First, while there are 

industry specific size standards for 

small businesses that are used in the 

regulatory flexibility analysis, according 

to data from the SBA’s Office of 

Advocacy, in general a small business is 

an independent business having fewer 

than 500 employees. These types of 

small businesses represent 99.9% of all 

businesses in the United States which 

translates to 30.7 million businesses. 

35. Next, the type of small entity 

described as a ‘‘small organization’’ is 

generally ‘‘any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field.’’ The Internal Revenue Service 

(IRS) uses a revenue benchmark of 

$50,000 or less to delineate its annual 

electronic filing requirements for small 

exempt organizations. Nationwide, for 

tax year 2018, there were approximately 

571,709 small exempt organizations in 

the U.S. reporting revenues of $50,000 

or less according to the registration and 

tax data for exempt organizations 

available from the IRS. 

36. Finally, the small entity described 

as a ‘‘small governmental jurisdiction’’ 

is defined generally as ‘‘governments of 

cities, counties, towns, townships, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 5447 

villages, school districts, or special 

districts, with a population of less than 

fifty thousand.’’ U.S. Census Bureau 

data from the 2017 Census of 

Governments indicate that there were 

90,075 local governmental jurisdictions 

consisting of general purpose 

governments and special purpose 

governments in the United States. Of 

this number there were 36,931 general 

purpose governments (county, 

municipal and town or township) with 

populations of less than 50,000 and 

12,040 special purpose governments— 

independent school districts with 

enrollment populations of less than 

50,000. Accordingly, based on the 2017 

U.S. Census of Governments data, the 

Commission estimates that at least 

48,971 entities fall into the category of 

‘‘small governmental jurisdictions.’’ 

37. 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 firms 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. 

38. Fixed Microwave Services. 

Microwave services include common 

carrier, private-operational fixed, and 

broadcast auxiliary radio services. They 

also include the Upper Microwave 

Flexible Use Service, the Millimeter 

Wave Service, and the Local Multipoint 

Distribution Service (LMDS), where 

licensees can choose between common 

carrier and non-common carrier status. 

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. 

39. Satellite 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.’’ Satellite 

telecommunications service providers 

include satellite and earth station 

operators. The category has a small 

business size standard of $35 million or 

less in average annual receipts, under 

SBA rules. For this category, U.S. 

Census Bureau data for 2012 show that 

there were a total of 275 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. 

40. 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 annual 

receipts of $35 million or less. For this 

category, U.S. Census Bureau data for 

2012 show that there were a total of 

1,442 firms that operated for the entire 

year. Of these firms, a total of 1,400 

firms had annual receipts of less than 

$25 million and 15 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. 

41. 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 small business size 

standard for this industry of 1,250 

employees or less. U.S. Census Bureau 

data for 2012 show that 841 firms 

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. 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

42. The proposal in the NPRM to 

adopt the Resolution 750 emissions 

limits, emissions limits measurement 

methodology and emissions limits 

effective date timetables will not impose 

any new reporting or recordkeeping 

requirements. In assessing the cost of 

compliance for small entities, at this 

time the Commission is not in a position 

to determine whether, if adopted, the 

proposals in the NPRM will require 

small entities to hire professionals to 

comply, and cannot quantify the cost of 

compliance with any of the potential 

rule changes that may be adopted. 

Comments in response to the Public 

Notice that sought to develop a record 

on how the Commission should 

implement the emissions limits 

contained in Resolution 750 for the 

active services in the 24 GHz band that 

raised concerns about increased costs if 

Resolution 750 emissions limits are 

adopted, have been taken into 

consideration, and commenters have 

been asked to quantify these costs and 

specify the impact on service in the 

NPRM. The Commission expects the 

comments the Commission receives on 

its proposals to include information 

addressing costs, service impacts, and 

other matters of concern, which should 

help the Commission identify and 

evaluate relevant issues for small 

entities including compliance costs and 

other burdens that may result from the 


ddrumheller on DSK120RN23PROD with PROPOSALS1
5448 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 

matters raised in the NPRM, before 

adopting final rules. 

E. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

43. 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 or 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 such small entities. 

44. Having data on the costs and 

economic impact of the proposals and 

approaches discussed in the NPRM will 

allow the Commission to better evaluate 

options and alternatives for 

minimization, should there be a 

significant economic impact on small 

entities if Resolution 750 emissions 

limits and effective date timetables are 

adopted. Accordingly, the Commission 

expects to more fully consider the 

economic impact on small entities 

following its review of comments filed 

in response to the NPRM which as 

mentioned above in Section D includes 

a request for comments on the costs and 

service impacts associated with 

adoption of Resolution 750 emissions 

limits. Below the Commission discusses 

actions taken and alternatives 

considered by the Commission relating 

to the proposals in the NPRM. 

45. Based on the record from the 

Public Notice comments, the 

Commission’s proposal to adopt 

Resolution 750 emissions limits seems 

to strike the appropriate balance 

between protecting passive sensing 

satellite operations and facilitating use 

of the 24 GHz band. The Commission 

could have developed and proposed its 

own emission limits and related 

requirements which may have included 

emissions limits that were stricter or not 

as strict as the Resolution 750 emissions 

limits. The Commission could have also 

simply maintained the existing rules. As 

discussed in the NPRM however, many 

of the industry participants support 

adoption of Resolution 750 emission 

limits to protect extremely sensitive 

passive satellite operations, facilitate the 

continued development and 

deployment of 5G in the U.S., promote 

international harmonization, enable 

equipment manufacturers to provide 

globally marketable equipment, and to 

be consistent with U.S. policy relating 

to Radio Regulations. Thus, the 

synchronicity between the Resolution 

750 emissions limits and the 

Commission’s part 30 rules appears to 

be the best course of action, although 

small entities that hold licenses subject 

to these rules may incur increased 

deployment costs to comply with the 

more stringent Resolution 750 emissions 

limits. 

46. In the alternative, if the 

Commission were to propose and adopt 

its own emissions limits, particularly if 

the emissions limits were stricter than 

both the existing emission limits and 

Resolution 750 emission limits, small 

entities could be subjected to 

significantly increased compliance costs 

without any of the above-mentioned 

benefits. Further, if the Commission 

were to propose and adopt less stringent 

emissions limit requirements or if the 

Commission simply maintained the 

existing requirements, the Commission’s 

rules may not provide the necessary 

protections for passive satellite 

operations to operate in the 24GHz band 

and might make it difficult for EESS to 

make observations free from harmful 

interference, thereby jeopardizing the 

accuracy of critical weather forecasting 

and climatology science data. Instead, 

the Commission believes its proposal to 

adopt the Resolution 750 emission 

limits which were carefully considered 

and the product of extensive industry 

collaboration, is the right approach and 

any potential burdens are outweighed 

by the benefits of protecting passive 

observations in the 23.6–24.0 GHz band, 

including improvements in weather 

forecasting. 

47. Finally, in addition to seeking 

comment on the costs and service 

impacts of the Commission’s proposals, 

the NPRM provides small entities the 

opportunity to submit comments on a 

wide range of issues relating to the 

proposed emissions limits including but 

not limited to comment on alternative 

limits, including the effect that any 

changes to existing limits would have 

on smaller entities, comment on the 

schedule for adoption of any revised 

limits, including adjustments that 

should be made for smaller entities to 

come into compliance, and comment on 

other related matters that are not 

addressed in Resolution 750. The 

Commission’s evaluation of the 

information it receives will shape the 

final alternatives it considers, the final 

conclusions it reaches, and any 

additional steps it takes to minimize any 

significant economic impact that may 

occur on small entities as a result of the 

final rules it promulgates in this 

proceeding. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

48. None. 

IV. Ordering Clauses 

49. Accordingly, it is ordered, 

pursuant to sections 4(i), 301, 302, 

303(r), 308, 309, and 333 of the 

Communications Act of 1934, 47 U.S.C. 

154(i), 301, 302a, 303(r), 308, 309, 333, 

that this Notice of Proposed Rulemaking 

is hereby adopted and is Effective upon 

publication in the Federal Register. It is 

further ordered that the Commission’s 

Office of Managing Director, Reference 

Information Center, shall send a copy of 

this Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects 

47 CFR Part 2 

Common carriers. 

47 CFR Part 30 

Communications common carriers. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

parts 2 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. Amend § 2.106 by revising 

paragraph (a) pages 54 and 55 in the 

Table of Frequency Allocations and 

adding paragraph (c)(146) to read as 

follows: 

§ 2.106 Table of Frequency Allocations. 

(a) * * * 

BILLING CODE 6712–01–P 


ddrumheller on DSK120RN23PROD with PROPOSALS1

EP29JA24.024</GPH>ddrumheller on DSK120RN23PROD with PROPOSALS1

2.2-22.21 22-22.21 

AXED AXED 

MOBI.E IEl'llll'llilllkal mabie 11.fJIIILE ilf!mllillllica mollile 

5.149 US3'l2 

22:2t-2L5 22.21-22:.5 

EARTH EXf'LCRI\TION-SAlElllTE (passireJ EIIRTH EXPLORATION-SATB.llTE (pai!i!JM,) 

AXEi) AXED 

MOBI.E ,e.mept ·!ll!l\llllrliilli::al mabil!! UOIIILE ilf!mllillllica mooile 

RADIO ASTROiMOMY RADllD ASTRONOMY' 

SPACE RESEARCH (p;miille} SPACE RESEARCH {lta!isive) 

5.149 5.532 US342 US532 

22,5-22.55 22.5-22.55 

FIXED AXED 

MOBILE 11.fJIIILE 

U:5211 

22.55-23.15 22.55-23. 15 

FIXED AXED 

INTER-SAlEllllE 5.338,A INTER-SATEWTE US145 US278 

M01311.E 11.fJIIILE 

SPACE RESEARCH (Ea~} 5omA SPACE RESEARCH~) 5.532A 

5.149 U:5342 

23' 15-23.55 23.15-23-55 

FIXED AXED 

INTER-SATElLITE 5.!3i:SA il\lTER-SATEWTE US145 US278 

MOBJI.E MOBILE 

23-56-23.fi 23.55-23.6 

FIXED AXED 

MOE!ltE 11.fJIIILE 

23,.6,-24 23.6-24 

EAR.nt EXPILORAOON-SATB.UTE fpauiw} EIIRTH EXPLORATION-SATB.llTE CpaiSl!iiwel 

RADIO ASIRONOMY RADllD AS1RONOMY' IJS74 

SPACE RESEARCH (p,as.si;e.) SPACE RESEARCH (passive} 

5.340 US246 

24-24.05 24-24.05 24-24.05 

AMATEUR AMATEUR 

AMATEUR~SAlElLITE AMATEUR.SA1El.l.l'fE 

5.150 5;t51 US211 5 .. 151 USZ11 

24.05-2:4.25 24.05-24.25 24;05-24.25 

RADIGt.OCATIO+I RAOllDLOCII.TION 659 AmEIIII' 

A.lnalel,,r Emil e.:qilmliaJHSlellile {ai:ite) Emil e.:qilmliaJHSlel

Eilll'II expklralimt-sat21De (alllllte) Radiol0llal!iol 

5.150, 5;150 5.151 

24.2'5-,2:4,45 24.25-24.45 24.25-24.45 24.25-24.45 24.25-24.45 

RXE,D AXED 5.532M FIXED FIXED 

M01311.E~asl'l!ll'IEllllk:al MOl311.E eroept ilBllllfJlillUbl UOIIILE 5.338A 5.532AB UOBltE~ 

mci!bile 5.338A i5.532A13 mobit 5.338A 5.532AB RAOIONAVIGATION 

RAOIONAVmTION 

EP29JA24.025</GPH>ddrumheller on DSK120RN23PROD with PROPOSALS1

.... ,.~,,. ;:-·---·---------·----·-·-·-'"·-·-~--"·--·--··-;:;;-.·----· --- 24,.-45--31.1 GHz (SHF/Bfl 

llllanailiorial Table Ufliled Tai!e 

RMKll'!1Tal:i!E g...,.,,., 2Talll'e 1 RMiluo rrnabl'e fi!de!alTiilll'e N<ffl..Fi!deral Tiiible 

24A15-24.65 24.45-24.65 24.45-24.65 24.45--24.65 

FIXED AXED 5.532:AA FIXED INTER-SA.TEL.UTE 

WTER-SATB.l.lTE INTER-SA.TEL.UTE wrER-SATEL.UTE RADIONAVIGATION 

MOillLE ,emept <1eN1<11i1111bl WBU: except illl!QIISll!icail UOBI.E 5.338A :i.532AB 

molbile 5.333:/t 5.5l2All m:ibile 5..338A 5-532.AB RADIONAVJG!\TION 

RADIONAVJG!\ TION 

5.533 5.533 5.533 

24.65-24.7-5 24.65-24.75 24.65-24.75 24 .65-24.75 

FIXED fOO:D 5.532M FOO:D INTER-SA.TEL.UTE Fl:x.aJi...SA TE LUTE INTER-SA TEL.UTE RXEO-SATB.LITEI RADIOLOCATION-Sl\lEL.UTE (Eadh-b:H;pace) 

(~)5.5S2B WBU: exceptill!1'!lllilldi {Ea,11-ttHipaee) 5.532B 

INTER-SATE.U.fTE mobile 5.3311A 5.532AB INTER-Sl\TEWTE 

MOBILE e:roept ael'!ll'IEMil:31 RADIOLOCATION-SATEL.UTE WBI.E 5.33!!A 5.532AB 

molbile 5.DJA 5.532All IEanl,-to--1 

24.75-25.25 24 .15-25.25 24.75-25.25 2U~ 24.15--25.25 

FIXED AXED 5.532.M. FIXED FOO:D 

F00:0-SATEl:.IJTE AXED-SATfilllE AXEO-SATB.l.llE POO:D-SATfilllE (

(Eia~space) 1Hi'3-2B (Eallll-fo.5pace) 5.535 {Ed!~) 5.535 WBI.El.mm, 

MOBILE e:roept ael'Ol'liilllbl UOBI.Eexooptii!!fDilillllicail UOBI.E 5.3311A 5.SmB 

mobil!i! 5.333:A 5.53211.B IIVJbile 5.3311A 5-532.AB IIIG65 

25.25-25.5 25.25-25.5 25.25-25..5 

FIXED 5.5WI AXED l!!i!r-.sai!/lile 5..535 

INTER-SATEI.LITE 5.5::.ri INTER-SA.TEL.UTE 5.:536 Slandard fieq-, w 

MOBILE 5.333:/t 5.532All WIILE~ sw;ifflili-.salelk (J:l

Standard ~l!!'!C)' iilild n sigr,,Al-siill!lil!e tEa,111~) Slandard fieq-,-w time !'i:i~ .... -

25;_5.27 25.5-21 25.5-21 

EARTH EXPtOOATION-SATELLllTE ~) 5.531ia EARTlf EXfll.ORATION- SPACE RESEARCH 

FIXED 5.SMA Sl\TElUTE(~l {space-b-Eanh) 

INTER-SATElllTE 5.5316 FOO:O l!!i!r-.sal!!llite 5.536 

MOBllE 5.338.A 5.532.All INTER-SATELLITE 5536 Standard ieqllll!tlcy ii!l

SPACE RESEARCH (space.-to-Ed} 5..536C WIILE~ !'i:i~ft:lllllh-m-5

Slarlr.wci -~E'll'!J:;)' Md n slQl!lB!-sateliile ~) SPACE RESEARCH(~) Standard fl'Eq-,-lillld time 

~nakatslik !,Elllllh~) 

5.5.Y.JA 5.5361. US25S 5.5361. US25S 

27-27.5 21--21.5 21-27.5 21-21.5 

FIXED FDIED !i534A FDIED lmsalel'ile: 5..535 

INTER-SAIEU.ITE 5.536 FDIEO-SATB.l.lTE (~ INTER-SATEWTE. 5..535 

111081.E 5.S3SA 5.532AB !tffi:R-SATELUTE 5.536 5.537 1.EIILE 

WIILE 5.3311A 5.532AB 

2:7.5-211.5 21.5-30 21.5-28.35 

FIXED 5.537A FOO:O FIXED-SATELLITE ,;Earii!-l.o-spa-c.e) 5.484A 5.5t6B 5.517A 5.539 FOO:D-SATB.LllE (

MOBILE UOIILE 

28.35-29. f 

FOO:D-SATB.LITE (

5.5.38 5.54(1 G165 NG527A 
Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 5451 

* * * * * 

(c) * * * 

(146) USxxx In the bands 24.25–24.45 

GHz and 24.75–27.5 GHz, the total 

radiated power (TRP) of emissions from 

stations in the mobile service in any 200 

MHz of the band 23.6–24 GHz shall not 

exceed ¥33 dBW/200 MHz for base 

stations and ¥29 dBW/200 MHz for 

mobile stations, and for stations brought 

into use after September 1, 2027, TRP 

shall not exceed ¥39 dBW/200 MHz for 

base stations and ¥35 dBW/200 MHz 

for mobile stations. 

* * * * * 

PART 30—UPPER MICROWAVE 

FLEXIBLE USE SERVICE 

■ 3. 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, 

unless otherwise noted. 

■ 4. Amend § 30.203 by adding 

paragraph (d) to read as follows: 

§ 30.203 Emission Limits. 

* * * * * 

(d)(1) In addition to the limits noted 

above, for licensees operating mobile 

equipment in the 24.25–24.45 GHz or 

24.75–25.25 GHz bands, the total 

radiated power of emissions in any 200 

MHz of the 23.6¥24.0 GHz band shall 

not exceed ¥33 dBW (for base stations) 

or ¥29 dBW (for mobile stations). 

(2) For mobile equipment placed in 

service after September 1, 2027, the total 

radiated power of emissions in any 200 

MHz of the 23.6–24.0 GHz band shall 

not exceed ¥39 dBW (for base stations) 

or ¥35 dBW (for mobile stations). 

[FR Doc. 2024–01681 Filed 1–26–24; 8:45 am] 

BILLING CODE 6712–01–C 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 21–341; Report No. 3208; 

FR ID 198690] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Reconsideration. 

SUMMARY: Petition for Reconsideration 

(Petitions) have been filed in the 

Commission’s proceeding Thomas C. 

Power, on behalf of CTIA. 

DATES: Oppositions to the Petitions 

must be filed on or before February 13, 

2024. Replies to oppositions must be 

filed on or before February 8, 2024. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Stephen Wang of 

the Wireline Competition Bureau, 

Telecommunications Access Policy 

Division, at (202) 418–7400 or 

Stephen.Wang@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3208, released 

January 22, 2024. The full text of the 

Petitions can be accessed online via the 

Commission’s Electronic Comment 

Filing System at: http://apps.fcc.gov/ 

ecfs/. The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. 

801(a)(1)(A), because no rules are being 

adopted by the Commission. 

Subject: Connect America Fund: A 

National Broadband Plan for Our Future 

High-Cost Universal Service Support 

(WC Docket Nos. 10–90, 14–58, 09–197, 

and 16–271; RM–11868). 

Number of Petitions Filed: 1. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2024–01632 Filed 1–26–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[240118–0018] 

RIN 0648–BM48 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to U.S. Space 

Force Launches and Supporting 

Activities at Vandenberg Space Force 

Base, Vandenberg, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, Request for 

Comments. 

SUMMARY: NMFS has received a request 

from the U.S. Space Force (USSF) for 

authorization to take marine mammals 

incidental to launches and supporting 

activities at Vandenberg Space Force 

Base (VSFB) in Vandenberg, California 

from April, 2024 to April, 2029. 

Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue regulations governing the 

incidental taking of marine mammals 

incidental to the specified activities. 

NMFS is proposing regulations to 

govern that take, and requests comments 

on the proposed regulations. NMFS will 

consider public comments prior to 

making any final decision on the 

issuance of the requested MMPA 

authorization and agency responses will 

be summarized in the final notice of our 

decision. Missile launches conducted at 

VSFB, which comprise a smaller portion 

of the activities, are considered military 

readiness activities pursuant to the 

MMPA, as amended by the National 

Defense Authorization Act for Fiscal 

Year 2004 (2004 NDAA). 

DATES: Comments and information must 

be received no later than February 28, 

2024. 

ADDRESSES: Submit all electronic public 

comments via the Federal e-Rulemaking 

Portal. Go to https://

www.regulations.gov and type NOAA– 

NMFS–2024–0008 in the Search box 

(note: copying and pasting the FDMS 

Docket Number directly from this 

document may not yield search results). 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

A copy of the USSF’s application and 

other supporting documents and 

documents cited herein may be obtained 

online at: www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizations-militaryreadiness-activities. In case of problems 

accessing these documents, please use 

the contact listed here (see FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Leah Davis, Office of Protected 

Resources, NMFS, (301) 427–8401. 


ddrumheller on DSK120RN23PROD with PROPOSALS1