Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Proposed Rules 33109 

for the Detroit SO2 nonattainment area 

by specifying the necessary emission 

limits and other control measures 

applicable to the Cleveland-Cliffs Steel 

Corporation (formerly AK or Severstal 

Steel) facility. This section applies to 

the owner and operator of the facility 

located at 4001 Miller Road in Dearborn, 

Michigan. 

(1) SO2 Emission Limits. Beginning on 

the effective date of the FIP, no owner 

or operator shall emit SO2 from the 

following units in excess of the 

following limits: 

Unit SO2 emission limit Time period/operating scenario 

‘‘B’’ Blast Furnace Baghouse Stack ......................... 71.9 lbs/hr .............. Calendar day average. 

‘‘B’’ Blast Furnace Stove Stack ................................ 38.75 lbs/hr ............ Calendar day average. 

‘‘B’’ Blast Furnace Baghouse and Stove Stacks 

(combined).

77.8 lbs/hr .............. Calendar day average. 

‘‘B’’ Blast Furnace Baghouse and Stove Stacks 

(combined).

340 tons per year .. 12-month rolling time period as determined at the end of each calendar month. 

‘‘C’’ Blast Furnace Baghouse Stack ......................... 179.65 lbs/hr .......... Calendar day average. 

‘‘C’’ Blast Furnace Stove Stack ................................ 193.6 lbs/hr ............ Calendar day average. 

‘‘C’’ Blast Furnace Baghouse and Stove Stacks 

(combined).

271.4 lbs/hr ............ Calendar day average. 

‘‘C’’ Blast Furnace Baghouse and Stove Stacks 

(combined).

1188 tons per year 12-month rolling time period as determined at the end of each calendar month. 

(2) Monitoring Requirements. The 

owner or operator shall maintain and 

operate in a satisfactory manner a 

device to monitor and record the SO2

emissions and flow from ‘‘B’’ Blast 

Furnace and ‘‘C’’ Blast Furnace 

Baghouse and Stove Stacks on a 

continuous basis. The owner or operator 

shall use CERM data for determining 

compliance with the hourly limits in 

paragraph (d)(1) of this section. The 

owner or operator shall operate the 

CERM system in conformance with 40 

CFR part 60 Appendix F. 

(e) This section addresses and 

satisfies CAA section 172 requirements 

for the Detroit SO2 nonattainment area 

by specifying the necessary emission 

limits and other control measures 

applicable to the Dearborn Industrial 

Generation (DIG) facility. This section 

applies to the owner and operator of the 

facility located at 2400 Miller Road in 

Dearborn, Michigan. 

(1) SO2 Emission Limits. 

(i) Beginning on the effective date of 

the FIP, no owner or operator shall emit 

SO2 from the following units in excess 

of the following limits: 

Unit SO2 emission limit Time period/operating scenario 

Boilers 1, 2, and 3 (combined) ................................ 420 lbs/hr .................. Daily average. 

Boilers 1, 2, and 3 (combined) ................................ 1,839.6 tons per year 12-month rolling time period. 

Boilers 1, 2, and 3 and Flares 1 and 2 (combined) 840 lbs/hr .................. Daily average. 

Boilers 1, 2, and 3 and Flares 1 and 2 (combined) 2,947.7 tons per year 12-month rolling time period as determined at the end of each calendar month. 

(2) Monitoring Requirements. The 

owner or operator shall maintain and 

operate in a satisfactory manner a 

device to monitor and record the SO2

emissions from Boilers 1, 2, and 3 on a 

continuous basis. Installation and 

operation of each CEMS shall meet the 

timelines, requirements and reporting 

detailed in 40 CFR part 60 Appendix F. 

If the owner or operator chooses to use 

a Predictive Emissions Monitoring 

System (PEMS) in lieu of a CEMS to 

monitor SO2 emissions, the permittee 

shall follow the protocol delineated in 

Performance Specification 16 in 

Appendix B of 40 CFR part 60. 

[FR Doc. 2022–11269 Filed 5–31–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket Nos. 14–165, 20–36, 04–186 and 

GN Docket No. 12–268 ; FCC 22–6; FR ID 

85914] 

Unlicensed Operations in the 

Television Bands, Repurposed 600 

MHz Band, 600 MHz Guard Bands and 

Duplex Gap, and Channel 37; 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions; 

Unlicensed White Space Device 

Operations in the Television Bands; 

Unlicensed Operation in the TV 

Broadcast Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission’s proposes to seek 

comment on the database re-check 

interval that should apply to 

narrowband fixed and Mode II personal/ 

portable white space devices and to 

mobile white space devices, which were 

first authorized by the Commission in 

2020. In particular, the Commission 

seeks comment on whether these types 

of devices, which operate in the TV 

bands, should be subject to the hourly 

re-check interval the Commission 

requires for fixed and Mode II personal 

portable devices in the TV bands, the 

daily re-check interval to which these 

devices are currently subject, or some 

other re-check interval. 

DATES: Comments are due on or before 

July 1, 2022 and reply comments are 

due on or before August 1, 2022. 

ADDRESSES: You may submit comments, 

identified by ET Docket No. 14–165, GN 

Docket No. 12–268, ET Docket No. 20– 

36, or ET Docket No. 04–186 by any of 

the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

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

ecfs/. 


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• 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, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy 

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), 202– 

418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Hugh VanTuyl, Office of Engineering 

and Technology, at (202) 418–7506, 

Hugh.VanTuyl@fcc.gov. For information 

regarding the Paperwork Reduction Act 

(PRA) information requirements 

contained in this document, contact 

Cathy Williams, Office of Managing 

Director, at (202) 418–2918 or 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking 

(FNPRM), ET Docket No. 14–165, FCC 

22–6, adopted on January 25, 2022 and 

released on January 26, 2022. The full 

text of this document is available for 

public inspection by downloading the 

text from the Commission’s website at 

https://www.fcc.gov/document/fcctakes-action-unlicensed-white-spacedevice-database-issues. 

Comment Filing Procedures 

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). 

Ex Parte Rules—Permit-But-Disclose 

Pursuant to § 1.1200(a) of the 

Commission’s rules, the proceeding this 

FNPRM initiates 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 

§ 1.1206(b). In proceedings governed by 

§ 1.49(f) or for which the Commission 

has made available a method of 

electronic filing, written ex parte 

presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

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

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

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Paperwork Reduction Act. This 

document does not contain new or 

modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, 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). 

Synopsis 

Introduction 

The Commission has initiated this 

FNPRM to seek comment on the 

database re-check interval that should 

apply to narrowband fixed and Mode II 

personal/portable white space devices 

and to mobile white space devices, 

which were first authorized by the 

Commission in 2020. In particular, the 

Commission seeks comment on whether 

these types of devices, which operate in 

the TV bands, should be subject to the 

hourly re-check interval the 

Commission require for fixed and Mode 

II personal portable devices in the TV 

bands, the daily re-check interval to 

which these devices are currently 

subject, or some other re-check interval. 

Background 

When the Commission adopted the 

push notification rule in 2015, there 

were two classes of white space devices 

that had to contact a white space 

database to obtain a list of available 

channels—fixed and Mode II personal/ 

portable devices. The Commission did 

not address narrowband or mobile white 

space devices. 

The Commission established the rules 

for narrowband and mobile white space 

devices in 2020. Mobile devices, which 

operate within a bounded area at power 

levels comparable to fixed devices, are 

a new class of white space device. 

Narrowband devices are a subset of 

fixed or personal/portable devices, and 

are subject to technical rules which 

permit narrower channel bandwidths 

than other fixed and personal/portable 

devices. The Commission, consistent 

with the existing rules, required 

narrowband and mobile devices to 

comply with a once daily database 

check. Narrowband devices also would 

have had to comply with the push 

notification requirement if it had not 

been waived. The Commission did not 

address whether mobile devices are 

subject to the push notification rule. 

Thus, after careful consideration, and 

out of an abundance of caution, the 

Commission now seeks to build a record 

on whether the Commission should 

modify the database re-check 

requirements for these types of devices. 

Discussion 

Narrowband devices. In its recent ex 

parte submission, Microsoft argues that 


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requiring narrowband fixed white space 

devices used for IoT applications to 

comply with an hourly database recheck would negatively impact battery 

life, limit potential form factors, and 

increase the costs of those devices. It 

requests that the Commission maintain 

its existing requirement that 

narrowband fixed devices be required to 

check the white space database once a 

day to ensure capturing wireless 

microphone reservations rather than 

hourly. Microsoft states that this 

requirement would only apply to master 

narrowband devices because client 

devices would obtain available channel 

information from master devices that 

obtain information directly from a white 

space database, similar to the operation 

of other Mode I white space devices. 

Microsoft also requests that a 

narrowband fixed white space device be 

allowed to continue operating until 

11:59 p.m. the following day if the 

device is unable to contact the database. 

Microsoft states that keeping the current 

requirement in place for these devices 

will particularly benefit precision 

agriculture applications such as by 

enabling farmers to obtain information 

about the conditions of their fields 

during a disaster when connectivity to 

the internet has been lost. However, 

NAB opposes Microsoft’s requests, 

arguing that Microsoft has not shown 

that narrowband white space devices 

are less likely to cause harmful 

interference or that the use cases for 

narrowband devices will largely be 

confined to rural areas. 

The Commission seeks comment on 

the database re-check interval that 

should be required for narrowband 

white space devices. Should the 

Commission retain the current 

requirement for a once daily database 

check and allow continued operation 

until 11:59 p.m. the following day if a 

device is temporarily unable to contact 

the database? Should the Commission 

instead require narrowband devices to 

comply with the same hourly re-check 

interval as other fixed and Mode II 

devices, or would another re-check 

interval be more appropriate? If the 

Commission allows a longer database recheck interval for narrowband devices 

than for other fixed and personal/ 

portable devices, to which specific 

devices should it apply? Should it apply 

to both fixed and Mode II personal/ 

portable narrowband devices? Should it 

apply to battery-powered devices only 

or to AC powered devices as well? Are 

there any other related database recheck rules that the Commission should 

modify for narrowband devices? 

The Commission seeks comment on 

the impact of the database re-check 

interval on the protection of licensed 

wireless microphones. Microsoft argues 

that the existing technical rules for 

narrowband devices (low power, narrow 

bandwidth, limited transmission time, 

the requirement for three contiguous 

vacant channels) are sufficiently 

conservative to limit the likelihood of 

interference to wireless microphones. It 

states that because narrowband devices 

may operate only where there are three 

contiguous vacant TV channels, there 

will always be at least two TV channels 

available for immediate use by wireless 

microphones. It further states that the 

three contiguous channel requirement 

means there is a very low probability 

that narrowband devices will operate in 

more congested areas where wireless 

microphones used for electronic news 

gathering typically operate and that the 

key use case for narrowband white 

space devices is precision agriculture. 

Microsoft also notes that narrowband 

white space devices are limited to lower 

power than wideband fixed white space 

devices and to a 36 second per hour 

limit on channel occupancy. The 

Commission seeks comment on 

Microsoft’s analysis and NAB’s response 

in this regard. Are the existing rules 

regarding limited channel availability, 

low power, and low channel occupancy 

sufficient to protect licensed wireless 

microphones if the Commission retains 

the once daily database re-check as 

suggested by Microsoft? Are there other 

safeguards that could be put in place to 

ensure licensed wireless microphones 

are protected if the Commission leaves 

the existing rule in place? Would 

limiting a daily re-check to only certain 

narrowband devices, e.g., battery 

powered devices, be a viable 

compromise to help improve the 

protection of wireless microphones? If 

so, how would such a delineation 

provide more protection than treating 

all narrowband white space devices in 

a consistent fashion? What effect would 

differing requirements for battery 

powered devices have on narrowband 

white space device design and cost? 

Mobile devices. Mobile devices can be 

mounted on vehicles such as buses and 

farm equipment and may move around 

within a predetermined geo-fenced area 

within which the white space database 

has determined that one or more TV 

channels are available for the mobile 

device’s use. The technical 

requirements for mobile devices are 

similar to those for fixed devices except 

narrowband, including maximum 

transmitter power, antenna gain and 

height limits and required separation 

distances from protected services, as 

well as the requirement to re-check the 

database at least once per day. Because 

of the technical similarities between 

fixed and mobile devices, the 

Commission believes that it would be 

appropriate to require mobile devices to 

comply with the same database re-check 

interval as fixed devices that operate in 

the TV bands to more effectively protect 

licensed wireless microphones. The 

Commission therefore proposes to 

require mobile devices to comply with 

the same hourly re-check interval the 

Commission is requiring for fixed 

devices in the TV bands. The 

Commission also proposes to require 

mobile devices to comply with the other 

requirements the Commission adopts for 

fixed devices (except narrowband) in 

the TV bands, specifically, the 

requirement to cease operation after two 

failed attempts to contact the white 

space database, i.e., 120 minutes, and 

the requirement to adjust their use of TV 

channels in accordance with wireless 

microphone scheduling information 

provided by the white space database 

for the two hour period beginning when 

the device last contacted the database. 

The Commission also proposes that any 

modified rules would become effective 

six months after publication in the 

Federal Register. 

The Commission seeks comment on 

these proposals. Should the 

Commission require mobile devices to 

comply with the same hourly re-check 

interval as fixed devices operating in the 

TV bands, or would a different interval 

be more appropriate? If so, what is the 

appropriate re-check interval? Is a more 

frequent re-check interval necessary to 

better protect licensed wireless 

microphones? Would it be difficult for 

mobile devices to contact the database 

at more frequent intervals since they 

could have their internet access 

temporarily blocked by trees or hills as 

they move? Would it be overly 

burdensome on white space database 

administrators to recalculate channel 

availability over a geo-fenced area on an 

hourly basis? Are any other rule changes 

necessary if the Commission changes 

the required re-check interval for mobile 

devices? 

Digital Equity and Inclusion. 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 and 

benefits (if any) that may be associated 

with the proposals and issues discussed 

herein. Specifically, the Commission 


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seeks comment on how our proposals 

may promote or inhibit advances in 

diversity, equity, inclusion, and 

accessibility, as well as the scope of the 

Commission’s relevant legal authority. 

Initial regulatory flexibility analysis. 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission has prepared 

this present 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 

Unlicensed Operation in the Television 

Bands, Repurposed 600 MHz Band, 600 

MHz Guard Bands and Duplex Gap, and 

Channel 37, Further Notice of Proposed 

Rule Making (FNPRM) in ET Docket No. 

14–165. Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments on the FNPRM provided in 

paragraph 56 of the item. The 

Commission will send a copy of the 

FNPRM, including this IRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA). In 

addition, the FNPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register. 

Need for, and Objectives of, the 

Proposed Rules 

The FNPRM seeks comment on how 

frequently narrowband and mobile 

white space devices must contact a 

database that determines the available 

operating channels at the devices’ 

location. 

Legal Basis 

The proposed action is taken pursuant 

to 4(i), 302, 303(b), (c), (e), (f), (r), and 

307 of the Communications Act of 1934, 

as amended, and sections 6403 and 

6407 of the Middle Class Tax Relief and 

Job Creation Act of 2012, Public Law 

112–96, 126 Stat. 156, 47 U.S.C. 154(i), 

302, 303(b), (c), (e), (f), (r), 307, 1452, 

1454. 

Description and Estimate of the Number 

of Small Entities to Which the Proposed 

Rules Will Apply 

The RFA directs agencies to provide 

a description of and, where feasible, an 

estimate of the number of small entities 

that may be affected by the proposed 

rules, if adopted. 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 Small Business 

Administration (SBA). 

Small Businesses, Small 

Organizations, Small Governmental 

Jurisdictions. Our 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 Small Business 

Administration’s (SBA) 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 32.5 million businesses. 

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. 

Finally, the small entity described as 

a ‘‘small governmental jurisdiction’’ is 

defined generally as ‘‘governments of 

cities, counties, towns, townships, 

villages, school districts, or special 

districts, with a population of less than 

fifty thousand.’’ 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.’’ 

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 or fewer employees. 

U.S. Census Bureau data for 2012 show 

that 841 establishments operated in this 

industry in that year. Of that number, 

828 establishments operated with fewer 

than 1,000 employees, 7 establishments 

operated with between 1,000 and 2,499 

employees and 6 establishments 

operated with 2,500 or more employees. 

Based on this data, the Commission 

concludes that a majority of 

manufacturers in this industry are 

small. 

Television Broadcasting. This 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting images together with 

sound.’’ These establishments operate 

television broadcast studios and 

facilities for the programming and 

transmission of programs to the public. 

These establishments also produce or 

transmit visual programming to 

affiliated broadcast television stations, 

which in turn broadcast the programs to 

the public on a predetermined schedule. 

Programming may originate in their own 

studio, from an affiliated network, or 

from external sources. The SBA has 

created the following small business 

size standard for such businesses: Those 

having $41.5 million or less in annual 

receipts. The 2012 Economic Census 

reports that 751 firms in this category 

operated in that year. Of that number, 

656 had annual receipts of $25,000,000 

or less, and 25 had annual receipts 

between $25,000,000 and $49,999,999. 

Based on this data the Commission 

therefore estimates that the majority of 

commercial television broadcasters are 

small entities under the applicable SBA 

size standard. 

The Commission has estimated the 

number of licensed commercial 

television stations to be 1,368. 

According to Commission staff review 

of the BIA Kelsey Inc. Media Access Pro 

Television Database (BIA) on November 

16, 2017, 1,258 stations (or about 91 

percent) had revenues of $38.5 million 

or less, and therefore these licensees 

qualified as small entities under the 

SBA definition. In addition, the 

Commission has estimated the number 


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of licensed noncommercial educational 

television stations to be 390. 

Notwithstanding, the Commission does 

not compile and otherwise does not 

have access to information on the 

revenue of NCE stations that would 

permit it to determine how many such 

stations would qualify as small entities. 

There are also 2,246 low power 

television stations, including Class A 

stations (LPTV), and 3,543 TV translator 

stations. Given the nature of these 

services, the Commission will presume 

that all of these entities qualify as small 

entities under the above SBA small 

business size standard. 

The Commission note, however, that 

in assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) affiliations 

must be included. Our estimate, 

therefore, likely overstates the number 

of small entities that might be affected 

by our action, because the revenue 

figure on which it is based does not 

include or aggregate revenues from 

affiliated companies. In addition, 

another element of the definition of 

‘‘small business’’ requires that an entity 

not be dominant in its field of operation. 

The Commission is unable at this time 

to define or quantify the criteria that 

would establish whether a specific 

television broadcast station is dominant 

in its field of operation. Accordingly, 

the estimate of small businesses to 

which rules may apply does not exclude 

any television station from the 

definition of a small business on this 

basis and is therefore possibly overinclusive. Also, as noted above, an 

additional element of the definition of 

‘‘small business’’ is that the entity must 

be independently owned and operated. 

The Commission notes that it is difficult 

at times to assess these criteria in the 

context of media entities and its 

estimates of small businesses to which 

they apply may be over-inclusive to this 

extent. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

White space devices are unlicensed 

devices that operate in the TV bands at 

locations where frequencies are not in 

use by licensed services. These devices 

may be either fixed or portable. To 

prevent harmful interference to 

broadcast television stations and other 

authorized users of these bands, white 

space devices must obtain a list of 

available TV channels that may be used 

at their location from databases 

administered by private entities selected 

by the Commission. The database 

determines channel availability using 

protection criteria specified in the rules. 

Most RF transmitting equipment, 

including white space devices, must be 

authorized through the certification 

procedure. Certification is an equipment 

authorization issued by a designated 

Telecommunication Certification Body 

(TCB) based on an application and test 

data submitted by the responsible party 

(e.g., the manufacturer or importer). The 

FNPRM does not propose to change the 

authorization procedure for white space 

devices, or the requirement for them to 

obtain a list of available channels from 

a database. It seeks comment on 

possible changes to the requirement on 

how frequently narrowband and mobile 

white space devices must contact a 

database that determines channel 

availability for white space devices. 

Current rules require these devices to recheck the database at least once daily, 

while the Commission has decided to 

require other white space devices to recheck the database once per hour. 

Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) the establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’ 

There are currently no approved 

narrowband or mobile white space 

devices, so changing the database recheck interval would have no 

immediate impact on device 

manufacturers. If manufacturers develop 

devices that comply with the current 

daily re-check interval and the 

Commission subsequently decreases the 

interval (e.g., to once per hour), 

manufacturers would have to modify 

devices to comply. Because a device’s 

database re-check interval would be 

programmed in software, such 

modifications would not be burdensome 

on manufacturers. 

Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

None. 

Ordering Clauses 

Accordingly, it is ordered that, 

pursuant to the authority contained in 

Sections 4(i), 302, 303(b), (c), (e), (f), (r), 

and 307 of the Communications Act of 

1934, as amended, and sections 6403 

and 6407 of the Middle Class Tax Relief 

and Job Creation Act of 2012, Public 

Law 112–96, 126 Stat. 156, 47 U.S.C. 

154(i), 302, 303(b), (c), (e), (f), (r), 307, 

1452, 1454, this Second Order on 

Reconsideration, Further Notice of 

Proposed Rulemaking, and Order is 

hereby adopted. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Second Order on Reconsideration, 

Further Notice of Proposed Rulemaking, 

and Order, including the Initial 

Regulatory Flexibility Analysis and 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

U.S. Small Business Administration. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2022–11686 Filed 5–31–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 218 

[RTID 0648–XC018] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the U.S. Navy Training 

and Testing Activities in the HawaiiSouthern California Training and 

Testing Study Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Receipt of application for 

revision of regulations and Letters of 

Authorization; request for comments 

and information. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for revision 

of the existing regulations and Letters of 

Authorization (LOAs) authorizing the 

take of marine mammals incidental to 

Navy training and testing activities 

conducted in the Hawaii-Southern 

California Training and Testing (HSTT) 

Study Area. In 2021, two separate U.S. 

Navy vessels struck unidentified large 

whales on two separate occasions, one 


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