Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18185 

are located. On May 5, 2010 (75 FR 

24409), the EPA finalized the action as 

proposed except that EPA deferred 

reclassification of Indian country 

pertaining to the Morongo Band of 

Mission Indians (Morongo Reservation) 

and the Pechanga Band of Luisen ̃ o 

Mission Indians (Pechanga Reservation) 

in keeping with the state’s request for 

the South Coast Air Basin. On January 

6, 2015 (80 FR 436), the EPA proposed 

to revise the boundaries of South Coast 

and San Diego ozone planning areas to 

designate the Pechanga Reservation as a 

separate air quality planning area for the 

1997 8-hour ozone standard. In the 

January 6, 2015 proposed rule, the EPA 

indicated that, if the Agency finalizes 

the January 6, 2015 proposed rule, as 

proposed, the EPA would withdraw the 

August 27, 2009 proposed rule to the 

extent that the 2009 proposed rule 

relates to the Pechanga Reservation. See 

80 FR 436, at 438 (January 6, 2015). In 

the Rules and Regulations section of this 

Federal Register, the EPA is finalizing 

its January 6, 2015 proposed rule, as 

proposed. In light of final Agency action 

on the January 6, 2015 proposal, the 

EPA is withdrawing the August 27, 2009 

proposed reclassification of the 

Pechanga Reservation for the 1997 8- 

hour ozone standard. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, National parks, Ozone, 

Wilderness areas. 

Dated: March 20, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2015–07535 Filed 4–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[GN Docket No. 12–268; FCC 15–38] 

Comment Sought on Defining 

Commencement of Operations in the 

600 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) seeks comment on 

defining the term ‘‘commence 

operations’’ for 600 MHz Band wireless 

licensees in the context of the transition 

rules adopted in the Incentive Auction 

Report and Order. 

DATES: Comments are due on or before 

May 1, 2015; reply comments are due on 

or before May 18, 2015. 

ADDRESSES: You may submit comments, 

identified by the docket number in this 

proceeding, GN Docket No. 12–268, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Electronic Comment 

Filing System (ECFS): http://fcc.gov/

ecfs/. Follow the instructions for 

submitting comments. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail): Federal 

Communications Commission, 9300 

East Hampton Dr., Capitol Heights, MD 

20743. 

• U.S. Postal Service (First-class, 

Express, and Priority): Federal 

Communications Commission, 445 12th 

St. SW., Washington, DC 20554. 

• Hand-delivered/Courier: Federal 

Communications Commission, 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. 

• Instructions: All submissions 

received must include the agency name 

and docket number or Regulatory 

Information Number (RIN) for this 

document. All comments received will 

be posted without change to ECFS at 

http://fcc.gov/ecfs/, including any 

personal information provided. 

• Docket: This document is in GN 

Docket No. 12–268. For access to the 

docket to read background documents 

or comments received, go to ECFS at 

http://fcc.gov/ecfs/. 

For detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Simon Banyai of the Wireless 

Telecommunications Bureau, 

Broadband Division, at (202) 418–1443 

or email to simon.banyai@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document was adopted on March 26, 

2015 and released on March 26, 2015, 

and is available electronically at 

https://apps.fcc.gov/edocs_public/

attachmatch/FCC-15-38A1.pdf. The 

complete text of this document as well 

as any comments, reply comments, and 

ex parte submissions will also be 

available for public inspection during 

regular business hours in the FCC 

Reference Center (CY–A257) at the 

Federal Communications Commission, 

445 12th Street SW., Washington, DC, 

20554. These documents will be 

available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

Public Participation 

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 ECFS. 

See Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121 

(1998). 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

active 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 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. 

• People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), or 

202–418–0432 (tty). 

I. Summary 

1. In the Incentive Auction Report and 

Order, the Commission adopted rules to 

implement the incentive auction 

through which certain broadcast 

television spectrum will be repurposed 

for wireless flexible use to create the 

600 MHz Band (See Expanding the 

Economic and Innovation Opportunities 

of Spectrum Through Incentive 

Auctions, GN Docket No. 12–268, 

Report and Order, published at 79 FR 

48442 (2014) (Incentive Auction Report 

and Order)). These rules include 

procedures governing the transition of 

broadcast television services and other 

operations out of the 600 MHz Band. As 

described below, the procedures the 

Commission adopted permit certain 

operations to continue in the 600 MHz 

spectrum until a 600 MHz Band 

wireless licensee ‘‘commences 

operations’’ in its licensed spectrum. 

The Commission did not define the term 

‘‘commence operations,’’ but indicated 

that it would do so in the pre-auction 

process. By this document, the 


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18186 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 

Commission seeks comment on defining 

the term ‘‘commence operations’’ in the 

context of these transition rules. 

2. Specifically, the Commission 

proposes that a 600 MHz Band licensee 

be deemed to ‘‘commence operations’’ 

in an area when it begins site activation 

and commissioning tests, using 

permanent base station equipment and 

permanent antenna or tower locations 

(hereinafter ‘‘site commissioning tests’’). 

Site activation and commissioning tests 

confirm that the site is operational, 

integrated into the network, and meets 

key functional requirements and 

performance metrics. This testing takes 

place at the start of the site and system 

optimization processes and prepares the 

network for launch in the area in which 

the licensee will provide commercial 

service. The Commission believes this 

approach best fulfills its objective in the 

transition process of promoting ready 

access to the repurposed spectrum by 

600 MHz Band wireless licensees when 

and where they need it, while at the 

same time providing for an orderly 

transition process for secondary and 

unlicensed users that currently are 

serving various important consumer 

needs using this spectrum. 

3. As noted, this definition will be 

one element of the 600 MHz transition 

rules. Under these rules, all full power 

and Class A television stations must 

cease operating in the spectrum 

repurposed for the 600 MHz Band no 

later than 39 months from issuance of 

the Channel Reassignment PN (i.e., by 

the end of the Post-Auction Transition 

Period). 600 MHz Band wireless 

licensees will not have access to the 

repurposed spectrum in an area during 

the Post-Auction Transition Period 

unless full power and Class A television 

operations have ceased operations in 

that area. 

4. For secondary and unlicensed users 

that currently are authorized to operate 

in this band, including low power 

television (‘‘LPTV’’) and TV translator 

stations, fixed broadcast auxiliary 

service operations (‘‘BAS’’), and 

unlicensed television white space 

(‘‘TVWS’’) devices, the Commission 

established a phased transition out of 

the 600 MHz Band. The transition 

procedures applicable to these 

categories of operations vary in certain 

regards, but all require that these 

operations cease in areas where the 600 

MHz Band wireless licensee commences 

operations after providing the requisite 

notice. Except in the guard bands, LPTV 

and TV translator stations in the 600 

MHz Band may continue to operate 

indefinitely unless they are in an area in 

which a 600 MHz Band wireless 

licensee provides advance written 

notice that it intends to commence 

operations and that the LPTV or TV 

translator station is likely to cause 

harmful interference to the licensee’s 

operations in that area. LPTV or TV 

translator stations in the 600 MHz guard 

bands must cease operations no later 

than the end of the Post-Auction 

Transition Period. TVWS devices may 

continue to operate in the 600 MHz 

Band indefinitely, except in those areas 

in which a 600 MHz Band wireless 

licensee commences operations after 

providing the requisite notice to the 

TVWS database administrator. BAS 

licensees must vacate the 600 MHz 

Band by the end of the Post-Auction 

Transition Period, or earlier if notified 

that they are likely to cause harmful 

interference to a 600 MHz Band wireless 

licensee in an area in which it intends 

to commence operations. While several 

commenters in the Incentive Auction 

proceeding discussed the transition of 

secondary and unlicensed users out of 

the 600 MHz Band, the Commission 

received limited comment on how best 

to define when a 600 MHz Band 

wireless licensee commences operations 

for the purpose of these transition 

procedures. 

5. Under the Commission’s proposed 

definition, a 600 MHz Band wireless 

licensee’s operations would be deemed 

to ‘‘commence’’ prior to the licensee’s 

launch of commercial services in an 

area, specifically when the licensee 

begins site commissioning tests. These 

site commissioning tests ordinarily take 

place in the late stages of a deployment, 

after the wireless licensee has 

completed construction of physical 

network infrastructure that will provide 

commercial service in the area. That is, 

they are conducted after a cell site has 

been fully constructed, with all base 

station equipment, antennas, feed 

systems, and other hardware installed, 

and with all power systems and 

backhaul connectivity installed and 

operational. This testing encompasses 

start-up procedures and system checks 

when the system is first powered up, a 

series of functionality tests, and overthe-air field tests, such as establishing 

mobile calls, validating coverage, and 

confirming handover between sectors. 

Site commissioning tests are used to 

confirm that all of the site infrastructure 

is working properly and is integrated 

into the licensee’s network, and to 

enable the licensee to verify the site’s 

coverage through direct measurements. 

To ensure the accuracy of this site 

commissioning testing, a licensee will 

require access to its 600 MHz Band 

spectrum in the area in which it is 

commencing operations so all of its 

facilities can be tested under the real 

world conditions for which they were 

designed and in an environment that is 

free from potential interference from 

others. Alternatively, should any testing 

by a wireless licensee be deemed the 

‘‘commencement’’ of operations? Is 

there a specific stage of testing other 

than site commissioning tests that 

would be an appropriate benchmark? 

Commenters supporting one of these 

alternatives to the Commission’s 

proposal above should explain how it 

meets the objectives set forth in the 

Incentive Auction Report and Order 

regarding an orderly transition process 

for existing secondary and unlicensed 

users in the 600 MHz Band. 

6. The Commission also proposes that 

a 600 MHz Band licensee’s notification 

would cover the area served by the 

licensee’s commercial service 

infrastructure deployment. Under this 

approach, the area subject to 

notification might include an entire 

metropolitan area, in the case of the 

initial launch for a market, or might be 

a smaller area, such as a highway 

corridor, where a licensee is deploying 

commercial service in phases. The 600 

MHz Band licensee would be authorized 

to conduct site commissioning tests on 

all cell sites within the identified area, 

starting on the date provided in the 

notice. Alternatively, should the area 

subject to a wireless licensee’s 

notification cover larger areas to 

encompass the licensee’s phased 

deployment of infrastructure? 

Commenters proposing such 

alternatives should explain their 

reasoning and how their proposals meet 

the Commission’s transition objectives. 

7. Under this proposed definition of 

‘‘commence operations,’’ secondary and 

unlicensed users would continue to 

operate as set forth in the Incentive 

Auction Report and Order until the time 

prescribed by the notice from the 600 

MHz Band wireless licensee that triggers 

their obligation to vacate the affected 

area(s) of the licensed spectrum. The 

Commission believes this proposed 

definition of ‘‘commence operations’’ 

best accomplishes its transition 

objectives. 

8. The Commission seeks comment on 

this proposed definition of ‘‘commence 

operations’’ for the purpose of the 

transition rules for the 600 MHz Band, 

including its proposal for determining 

the area to be covered by the licensee’s 

notification. Commenters should 

discuss and quantify the costs and 

benefits of this proposal, as well as any 

suggested clarifications or revisions to 

the definition, and any proposed 

alternative approaches. In advocating an 

alternative definition, commenters 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18187 

should explain why the alternative 

proposal better serves the public interest 

and the Commission’s policy goals than 

the definition being proposed. 

II. Procedural Matters 

A. Ex Parte Rules—Permit-But-Disclose 

Proceeding 

9. Pursuant to § 1.1200(a) of the 

Commission’s rules, this matter 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 

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. 

B. Paperwork Reduction Analysis 

10. This document does not change, 

or propose to change, the information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(‘‘PRA’’), Public Law 104–13., contained 

in the Incentive Auction Report and 

Order. As a result, no new submission 

to the Office of Management and Budget 

is necessary to comply with the PRA 

requirements. In addition, it does not 

contain any new or modified 

‘‘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). 

C. Regulatory Flexibility Analysis 

11. The actions in this document have 

not changed, or proposed to change, the 

Final Regulatory Flexibility Analysis 

(‘‘FRFA’’), which was set forth in the 

Incentive Auction Report and Order. 

Thus, no supplemental FRFA is 

necessary. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2015–07486 Filed 4–2–15; 8:45 am] 

BILLING CODE 6712–01–P 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS