Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 74283 

1ULS is the consolidated database, application 

filing system, and processing system for all Wireless 

Radio Services. ULS supports electronic filing of all 

applications and related documents by applicants 

and licensees in the Wireless Radio Services, and 

provides public access to licensing information. 

this proceeding and are invited to 

participate in consultations to develop 

the programmatic agreement. 

For purposes of commenting on the 

programmatic agreement, we propose to 

restrict the service list for the 

aforementioned project as follows: 

Don Klima or Representative, Advisory 

Council on Historic Preservation, The 

Old Post Office Building, Suite 803, 

1100 Pennsylvania Avenue, NW., 

Washington, DC 20004 

Larry T. Mann, Manager or 

Representative, Carolina Power & 

Light Company d/b/a Progress Energy 

Carolinas, Inc., PO Box 1551, Raleigh, 

NC 27602–1551 

Tim Bachelder, Devine Tarbell & 

Associates, 970 Baxter Boulevard, 

Portland, ME 04103 

Renee Gledhill-Earley, North Carolina 

Department of Cultural Resources, 

4617 Mail Service Center, Raleigh, NC 

27699–4617 

Dr. Wenonah G. Haire or Representative, 

CIN THPO, 1536 Tom Stevens Rd, 

Rock Hill, SC 29730 

Any person on the official service list 

for the above-captioned proceeding may 

request inclusion on the restricted 

service list, or may request that a 

restricted service list not be established, 

by filing a motion to that effect within 

15 days of this notice date. In a request 

for inclusion, please identify the 

reason(s) why there is an interest to be 

included. Also please identify any 

concerns about historic properties, 

including Traditional Cultural 

Properties. If historic properties are to 

be identified within the motion, please 

use a separate page, and label it NONPUBLIC Information. 

An original and 8 copies of any such 

motion must be filed with Kimberly D. 

Bose, the Secretary of the Commission 

(888 First Street, NE., Washington, DC 

20426) and must be served on each 

person whose name appears on the 

official service list. Please put the 

project name ‘‘Yadkin-Pee River 

Project’’ and number ‘‘P–2206–030’’ on 

the front cover of any motion. Motions 

may be filed electronically via the 

Internet in lieu of paper. The 

Commission strongly encourages 

electronic filings. See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site (http:// 

www.ferc.gov) under the ‘‘e-Filing’’ link. 

If no such motions are filed, the 

restricted service list will be effective at 

the end of the 15 day period. Otherwise, 

a further notice will be issued ruling on 

any motion or motions filed within the 

15 day period. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E7–25323 Filed 12–28–07; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8512–9] 

Proposed CERCLA Administrative 

Cost Recovery Settlement; Mason 

Road Lead Site, Mason, OH 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (‘‘CERCLA’’), 42 U.S.C. 

9622(i), notice is hereby given of a 

proposed administrative settlement 

which includes compromise of past 

response costs incurred in connection 

with the Mason Road Lead site in 

Mason Ohio with the Board of 

Education Mason of Mason City School 

District. The settlement requires Settling 

Party to reimburse U.S. EPA Hazardous 

Substance Superfund $15,917.36 for 

costs incurred by U.S. EPA since 

December 11, 2004, through the 

effective date of this Administrative 

Order on Consent to oversee the cleanup of the Mason Road Lead site. The 

total past costs incurred between 

December 11, 2004, and December 9, 

2006, are $19,896.70 and are being 

compromised in consideration of the 

settling party having completed a 

removal action under the terms of a 

Unilateral Administrative Order Docket 

No: V–W–04–C–803 issued pursuant to 

CERCLA section 106(a), 42 U.S.C. 

9607(a). The settlement includes a 

covenant not to sue the settling party 

pursuant to section 107(a) of CERCLA, 

42 U.S.C. 9607(a). 

For thirty (30) days following the date 

of publication of this notice, the Agency 

will receive written comments relating 

to the settlement. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations with 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

The U.S. EPA’s response to any 

comments received will be available for 

public inspection at the U.S. EPA 

Record Center, Room 714, U.S. EPA, 77 

West Jackson boulevard, Chicago, 

Illinois. 

DATES: Comments must be submitted to 

U.S. EPA on or before 30 days from date 

of publication of this notice and request 

for public comment. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 

U.S. EPA Record Center, Room 714, 77 

West Jackson Boulevard, Chicago, 

Illinois. A copy of the proposed 

settlement may be obtained from the 

U.S. EPA Record Center, Room 714, 77 

West Jackson Boulevard, Chicago, 

Illinois or by calling tel. # (312) 353–

5821. Comments should reference the 

Mason Road Lead site in Mason, Ohio 

and EPA Docket No. and should be 

addressed to Ms. Susan Prout, U.S. EPA 

Office of Regional Counsel (C–14J), 77 

W. Jackson Boulevard, Chicago, Illinois 

60604. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Susan Prout, U.S. EPA Office of 

Regional Counsel (C–14JA), 77 W. 

Jackson Boulevard, Chicago, IL 60604 or 

at tel. # (312) 353–1029. 

Dated: December 17, 2007. 

Richard C Karl, 

Director, Superfund Division, Region 5. 

[FR Doc. 07–6253 Filed 12–28–07; 8:45 am] 

BILLING CODE 6560–50–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

[ET Docket No. 04–151; WT Docket No. 05–

96; DA 07–4605] 

Wireless Telecommunications Bureaus 

Announces Start Date for Licensing 

and Registration Process for the 3650–

3700 MHz 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Wireless 

Telecommunications Bureau (WTB or 

Bureau) announces as the start date for 

filing applications for nationwide nonexclusive licenses in the 3650–3700 

MHz band (3650 MHz band). The 

Bureau explains how to use the 

Commission’s Universal Licensing 

System (ULS) to acquire a nationwide 

non-exclusive license for terrestrial 

operations in the 3650 MHz band and 

how to register fixed and base stations 

under such a license.1 Mobile and 


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74284 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 

2Wireless Operations in the 3650–3700 MHz 

Band, ET Docket No. 04–151, Rules for Wireless 

Broadband Services in the 3650–3700 MHz Band, 

WT Docket No. 05–96, Report and Order, 20 FCC 

Rcd 6502 (2005) (2005 Order), recon. granted in 

part, Memorandum Opinion and Order, FCC 07–99 

(rel. June 7 2007) (2007 MO&O). 

3Certain equipment, based on its FCC 

certification and as described below, will be 

restricted to operating only in the lower 25 

megahertz of the 3650 MHz band. 

4See discussion in Section 0, infra. 

5Licensees can use the ULS license search 

located at http://wireless2.fcc.gov/UlsApp/ 

UlsSearch/searchLicense.jsp to search the database 

for licenses with registered locations. The geosearch 

capability in ULS will allow interested parties to 

specify frequencies or a frequency band and 

geographic information such as county and state, 

address and radius or geographic coordinates and 

radius. ULS will return any licenses with registered 

locations within the search criteria. Future 

enhancements to the search capability will allow 

ULS to display each registered location that meets 

the search criteria with a unique identifier. 

6See 47 CFR 90.1319. Channels are available on 

a shared basis only and will not be assigned for the 

exclusive use of any licensee. Licensees of stations 

suffering or causing harmful interference are 

expected to cooperate and resolve the problem by 

mutually satisfactory arrangements. Id. 

7 47 CFR 90.7, 90.1319(c). For unrestricted 

devices, the FCC’s Equipment Authorization 

Database and the grant of equipment certification 

will include note code ‘‘UR’’ and the following text: 

‘‘This device incorporates an unrestricted 

contention based protocol. It is capable of avoiding 

co-frequency interference with devices using other 

types of contention-based protocols.’’

8 47 CFR 90.1319(c). For restricted devices, the 

FCC’s Equipment Authorization Database and the 

grant of equipment certification will include note 

code ‘‘RS’’ and the following text: ‘‘This device 

incorporates a restricted contention based protocol. 

It may not be capable of avoiding co-frequency 

interference with devices using other types of 

contention-based protocols. Operation is restricted 

to the 3650–3675 MHz band.’’

portable stations, which are typically 

used by consumers, i.e., end users or 

subscribers, do not require a separate 

license and do not have to be registered 

in ULS. 

DATES: The start date for filing 

applications for nationwide nonexclusive licenses in the 3650–3700 

MHz band (3650 MHz band) is 

November 15, 2007. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Mock at 202–418–2487. For 

additional information and/or 

assistance, please visit the Web at 

http://esupport.fcc.gov. Interested 

persons can also call the FCC at (877) 

480–3201 or 717–338–2888 (TTY 717–

338–2824). To provide quality service 

and ensure security, all telephone calls 

are recorded. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice, released November 14, 2007. 

The full text of this Public Notice is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, Room CY–A–

257, 445 12th Street, SW., Washington, 

DC 20554. The complete text may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCP), Portals II, 445 12th 

Street, SW., Room CY–B402., 

Washington, DC. The complete item is 

also available on the Bureau’s Web site 

at http://www.fcc.gov/wtb. 

I. Background 

In 2005 the Commission adopted a 

Report and Order that revised the FCC’s 

rules to open the 3650 MHz band for 

terrestrial wireless broadband 

operations. Recently, the Commission 

addressed petitions for reconsideration 

of the Report and Order by affirming the 

rules and policies adopted in 2005, with 

one rule modification and a 

clarification.2 These rules involve 

minimal regulatory burdens to 

encourage multiple entrants and to 

stimulate the rapid expansion of 

broadband services—especially in 

America’s rural heartland—while at the 

same time ensuring that incumbent, 

grandfathered satellite Earth stations 

and Federal radiolocation stations in 

this band are protected from harmful 

interference. Briefly, there are four key 

steps involved in obtaining authority to 

operate a base or fixed station: 

• Obtain a nationwide, non-exclusive 

license using ULS. 

• Before registering a station, examine 

ULS for nearby stations. 

• Obtain FCC-certified equipment 

(fixed, base and mobile equipment 

operating in the band must incorporate 

a ‘‘contention-based protocol’’). 

• Register each fixed and base station 

using ULS. 

Nationwide, non-exclusive licenses. 

New terrestrial operations in the band 

will be licensed on a nationwide, nonexclusive, i.e., shared, basis with other 

licensees of the band. However, a 

licensee is not authorized to operate a 

fixed or base station until that station is 

registered with the FCC. All terrestrial 

licensees will have the mutual 

obligation to cooperate and avoid 

harmful interference to one another as 

well as to protect grandfathered 

operations, as further described below. 

There are no eligibility restrictions for 

licenses (other than the statutory foreign 

ownership restrictions) and no in-band 

or out-of-band spectrum aggregation 

limits.3 Licenses will have a 10-year 

license term and licensees will have a 

right to a renewal expectancy. Licensees 

will be free to assign and transfer their 

nationwide non-exclusive licenses and 

to ‘‘assign’’ or share fixed and base 

stations that are registered.4 Applicant 

qualifications for nationwide nonexclusive licenses in the 3650 MHz 

band will be assessed in accordance 

with the requirements of FCC Form 601 

and the Commission’s rules. 

Examine ULS for nearby stations. 

Licensees should examine the 

registration database 5 before registering 

a station and make every effort to ensure 

that their fixed or base station will 

operate at a location, and with technical 

parameters, that will minimize the 

potential to cause and receive harmful 

interference.6 We emphasize that 

coordination is each licensee’s 

responsibility and that manufacturers of 

FCC-certified equipment are not 

responsible for coordination. 

FCC-certified equipment: Licensees 

should determine, by checking the 

equipment manual or asking their 

equipment vendor or manufacturer, 

whether the equipment they are 

planning to use is certified by the FCC 

as ‘‘unrestricted’’ or ‘‘restricted.’’ Fixed, 

base, mobile, and portable equipment in 

the 3650 MHz band must use 

‘‘contention-based protocols’’ and will 

be certified as either ‘‘unrestricted’’ or 

‘‘restricted.’’ Contention-based protocols 

will allow multiple users to share the 

same spectrum by defining the events 

that must occur when two or more 

devices attempt to simultaneously 

access the same channel and 

establishing rules by which each device 

is provided a reasonable opportunity to 

operate. 

—Unrestricted contention protocols are 

broadly compatible and function to 

prevent interference even with 

other, dissimilar contention 

technologies on the market. 

Equipment using an unrestricted 

protocol can operate on all 50 

megahertz (3650–3700 MHz).7

—Restricted contention protocols can 

prevent interference only with other 

devices incorporating the same or 

similar protocols. Equipment using 

a restricted protocol can operate 

only on the lower 25 megahertz 

(3650–3675 MHz).8

Note: Applications for nationwide, nonexclusive licenses may be filed now and 

licensees may file station registrations for 

restricted equipment. 

Note: Licensees may NOT file station 

registrations for unrestricted equipment until 

the FCC has certified unrestricted equipment 

for the 3650 MHz band. 

Register each fixed and base station. 

A licensee will be allowed to register all 

of its fixed and base stations under one 


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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 74285 

9Submitted registrations are reviewed for, among 

other things, proximity to grandfathered satellite 

Earth stations and registration at certain locations 

require additional approvals; such as, but not 

limited to, international coordination, Federal 

coordination, Environmental Assessment, Quiet 

Zone, etc. Therefore, a registration is not complete 

until it is in an ‘‘Accepted’’ status and the 

nationwide license is updated on ULS. 

10The coordinates of the FSS Earth stations are 

available at http://www.fcc.gov/ib/sd/3650/. See 47 

CFR 90.1331(a)(1). Base and fixed stations may be 

located within 150 km of a grandfathered satellite 

Earth station if the licensees mutually agree on such 

operation. Any negotiations must be conducted in 

good faith by all parties. See 47 CFR 90.1331(a)(2) 

and (3). 

11See 47 CFR 90.1331(b). The FCC will attempt 

to coordinate such requests with the National 

Telecommunications and Information 

Administration (NTIA) through the Frequency 

Assignment Subcommittee of the Interdepartmental 

Radio Advisory Committee (IRAC). Id. 

12See id. citing Technical Characteristics of 

Radiolocation Systems Operating in the 3.1–3.7 

GHz Band and Procedures for Assessing EMC with 

Fixed Earth Station Receivers, NTIA TR 99–361, 

available at http://www.ntia.doc.gov/osmhome/ 

reports/ntia99–361/ntia99–361.pdf. 

13Certain applications for a non-exclusive 

nationwide license in the 3650 MHz band may be 

filed manually; however, all applicants are strongly 

encouraged to file electronically using ULS because 

licensees who file applications manually risk 

dismissal of their applications for routine errors. 

14The FCC Registration Number (FRN) is the 10- 

digit number assigned to all entities (individual and 

corporate) that transact business with the FCC 

(including via ULS) and is not to be confused with 

the fixed and base station registration procedures 

discussed below. Applicants can obtain a FRN 

using the WTB Web site at http://wireless.fcc.gov 

and selecting ‘‘FRN Registration’’ from the right 

hand menu under the heading of Licensing. 

15See 47 CFR 1.913(a)(1). License applicants will 

not be required to file any associated schedules. 

Form 601 Main Form and Schedule M are used for 

registrations, as explained below in Section III. 

nationwide, non-exclusive license. Prior 

to operating a fixed or base station, the 

licensee must register it in ULS, which 

will serve as a common database for 

licensees to locate each other’s 

operations and consult in meeting their 

obligation to reach a reasonable 

accommodation with the other 3650 

MHz band operators nearby. Operations 

cannot begin until the application for 

registration is in an ‘‘Accepted’’ status 

and the nationwide license is updated 

on ULS.9

The registration process will also 

facilitate protection of grandfathered, 

incumbent stations from interference. 

There are two types of grandfathered, 

incumbent stations that new 3650 MHz 

band licensees must protect: nonFederal and Federal. 

—Non-Federal. Absent an agreement 

between the relevant licensees, new 

terrestrial stations are prohibited 

(and thus base and fixed stations 

cannot be registered) within 150 km 

circular protection zones 

established around each 

grandfathered Fixed Satellite 

Service (FSS) Earth station.10

—Federal. Requests to register base or 

fixed stations within 80 km circular 

protection zones established around 

each of three Federal radiolocation 

stations will only be placed in an 

‘‘Accepted’’ status (and the 

nationwide license will only be 

updated) on ULS upon successful 

coordination by the FCC with the 

National Telecommunications and 

Information Administration 

(NTIA).11

Note: Licensees should also determine if 

there are any nearby Federal radar systems 

operating in adjacent bands that could affect 

their operations by consulting NTIA TR–99–

361.12

Mobile and portable stations. These 

stations are not registered but may only 

operate if they can positively receive 

and decode an enabling signal 

transmitted by a registered base station. 

This requirement is intended to ensure 

that mobile and portable stations 

operate within range of a registered base 

station(s), thereby avoiding interference 

to grandfathered FSS and Federal 

stations. Ordinarily, licensees can meet 

this requirement by using FCC-approved 

equipment. 

Technical rules. Fixed and base 

stations will be allowed to operate with 

a peak power limit of 25 Watts per 25- 

megahertz bandwidth, and mobile 

stations with a peak power limit of 1 

Watt per 25-megahertz bandwidth. All 

systems must use a contention-based 

protocol and only systems using an 

unrestricted protocol can operate in the 

3675–3700 MHz band. Ordinarily, 

licensees can satisfy these requirements 

by using FCC-approved equipment. 

Note: A nationwide, non-exclusive license 

does NOT authorize any operation in the 

3650 MHz band—unless and until each base 

and fixed station is registered in ULS. 

The Commission noted that the 

licensing and fixed and base station 

registration process would be simple 

and streamlined and that it will be done 

electronically using ULS.13 The 

Commission also directed and 

authorized WTB to issue the instant 

Public Notice, which announces the 

start date for filing applications for 

nationwide non-exclusive licenses in 

the 3650 MHz band as well as 

procedures for licensees to register fixed 

and base stations. 

II. Application for Nationwide, NonExclusive Licenses 

Applicants for nationwide nonexclusive licenses in the 3650 MHz 

band will use ULS to file the 

information request on FCC Form 601 

electronically. Applicants can access the 

ULS Web site at http://wireless.fcc.gov/ 

uls. In order to file an application for a 

license and to register fixed and base 

stations in ULS, applicants must have 

an FCC Registration Number (FRN). If 

the applicant does not have an existing 

FRN, it must register and obtain an FRN 

prior to filing the license application.14

FCC Form 601 is the Commission’s 

standard application form for wireless 

licenses 15 and is required for all filings. 

To file electronically, applicants should 

log into ULS using their FRN and 

password. Once logged in the applicant 

should select ‘‘Apply for a New 

License’’ from the menu. On the 

following page, the applicant should 

select Wireless Broadband Services in 

the 3650–3700 MHz Band (Radio 

Service code NN) from the list of radio 

services and click continue. The 

applicant should follow the online 

prompts to complete the application. 

For additional help with the filing 

process, the applicant can click on the 

Common Questions links that appear on 

most pages of the ULS License Manager, 

or click the Help link in the upper right 

hand corner of the screen. ULS performs 

edit checks as information is entered. If 

ULS finds an error, it may not allow the 

application to be submitted until the 

error has been corrected. 

Applications are assigned file 

numbers and all applications (and major 

amendments thereto) that are accepted 

for filing will be listed in WTB’s weekly 

Public Notice of such applications. An 

application may be granted at any time 

if WTB finds that the application meets 

all of the Commission’s requirements 

(e.g., meets qualification requirements, 

foreign ownership restrictions, payment 

obligations), except that certain 

applications, as discussed below, will 

not be granted prior to the 31st day 

following the issuance of a Public 

Notice accepting the application for 

filing. When an application is granted, 

an authorization will be issued to the 

applicant, and the grant will be placed 

in WTB’s Weekly Action Public Notice. 

Licenses for terrestrial operations in this 

band will be issued for the entire 

bandwidth of the 3650 MHz band (i.e., 

3650–3700 MHz). 

Applicants that plan to operate under 

more than one regulatory status, and 

that seek to register and operate fixed 

and base stations on a non-common 

carrier and/or private, internal basis as 

early as possible, may file one 

application for common carrier 

regulatory status and a second 

application for non-common carrier 

and/or private, internal regulatory 

status. Applications to provide nonVerDate Aug<31>2005 20:08 Dec 28, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\31DEN1.SGM 31DEN1

sroberts on PROD1PC70 with NOTICES
74286 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 

16For example, on November 21, 2007, WTB 

releases the weekly Public Notice of applications 

received between November 12–16, 2007, that are 

acceptable for filing. The 31st day following this 

Public Notice is Saturday, December 22, 2007, 

making Monday, December 24, 2007, the first day 

on which a common carrier application received on 

November 15–16, 2007, can be granted. A license 

is required to file fixed and base station 

registrations so an applicant that plans to request 

common carrier and non-common carrier/private 

status may wish to file one application for common 

carrier regulatory status and a second application 

for non-common carrier and/or private, internal 

regulatory status, as applicable, if it seeks to register 

base and fixed stations and begin non-common 

carrier/private internal operations as early as 

possible. 

17Mobile and portable stations that operate with 

a peak EIRP of 1 Watt/25 megahertz and receive and 

decode an enabling signal from a base station are 

not required to be registered even if used in a fixed 

mode. 

18Licenses are advised to consult with the 

equipment manufacturer or vendor to determine 

whether the equipment is certified as restricted or 

unrestricted protocols. That information is also 

available by searching the Equipment Authorization 

Database at https://fjallfoss.fcc.gov/oetcf/eas/ 

reports/GenericSearch.cfm using the FCC ID 

number of the equipment and referring to the note 

code(s) and text of the equipment approval. For 

equipment modified according to permissive rules 

(see infra note 19), the grant of equipment 

certification may indicate both UR and RS, in 

which case the status of each licensee’s equipment 

will depend on the version of the radio transmitter 

installed at each site. 

19See also 47 CFR 2.944 (Software defined 

radios) and 2.1043 (Changes in certificated 

equipment) which describe the certification 

requirements for modified equipment. Section 

2.1043(a) sets out the conditions under which a 

new grant of certification is required, and Section 

2.1043(b) sets out three categories of permissive 

changes that may be made without the application 

for and grant of new certification. In two of the 

three categories of permissive changes, the modified 

equipment shall not be marketed under the existing 

grant of certification prior to acknowledgement by 

the Commission that the change is acceptable. See 

47 CFR 2.1043(b)(2),(3). Equipment not originally 

certified as software defined radio may not be 

upgraded in the field for the new frequency band 

or power level without obtaining a new grant of 

certification (and a new FCC Identifier). 

20Future enhancements to ULS may provide an 

alert to the licensee at the time of data entry 

indicating that they are attempting to register a 

station within the protection zone of a 

grandfathered earth station. In the meantime, to 

avoid dismissal, licensees should consult the list of 

grandfathered FSS earth stations located at http:// 

www.fcc.gov/ib/sd/3650/ prior to filing to determine 

if they are in a location that would require 

negotiating an agreement with a grandfathered FSS 

earth station. 

common carrier service and/or for 

private, internal communications may 

be granted any time after they are 

accepted for filing. Applications that 

include a request for common carrier 

regulatory status will not be granted 

prior to the 31st day following the 

issuance of a Public Notice accepting 

the application for filing.16 This waiting 

period accommodates the statutory right 

of petitioners to file petitions to deny 

against common carrier applications. 

System limitations preclude WTB from 

processing a non-common carrier 

request separately when filed on the 

same form as a common carrier request. 

However, applicants that are willing to 

have their entire application processed 

under the ‘‘common carrier’’ track, i.e., 

under the ‘‘notice and 30-day waiting 

period’’ of Section 1.945(b), can request 

common carrier and non-common 

carrier status on a single Form 601. 

III. Fixed and Base Station Data 

Registration Process 

As discussed above, a licensee must 

hold a nationwide, non-exclusive 

license before it can register fixed or 

base stations, and each base or fixed 

station must be registered electronically 

in ULS before it can be operated.17 To 

register a station, the licensee will need 

to provide specific technical details, 

including whether the equipment uses a 

restricted (RS) or unrestricted (UR) 

protocol,18 the FCC Equipment 

Identification number (FCC ID number), 

the base or fixed station’s location 

(latitude and longitude), and other 

technical parameters, e.g., EIRP, and 

antenna height above ground. If 

disputes arise, the FCC ID number 

generally will allow licensees and the 

Commission to quickly verify whether 

the equipment in question is FCCcertified for unrestricted contentionbased protocol operation at 3650–3700 

MHz or restricted contention-based 

protocol operation, which is limited to 

3650–3675 MHz. 

Equipment upgrades by or from the 

manufacturer. The Commission 

recognized that manufacturers, through 

software upgrades or other means, may 

alter the emission characteristics of 

previously deployed devices so that 

they move from the restricted to the 

unrestricted category. To the extent that 

this occurs, the manufacturer will be 

responsible for complying with the 

Commission’s equipment certification 

rules.19 However, to the extent that a 

licensee’s previously registered 

equipment is then upgraded, the 

affected licensee must update its base 

and fixed station registrations to reflect 

this change (and the registration 

application must be in an ‘‘Accepted’’

status and the nationwide license 

updated on ULS) before the station 

tunes over 3675–3700 MHz. 

The process of electronically 

registering stations in ULS will begin 

when a licensee enters its FRN and 

password. Once the licensee is logged 

in, it should select ‘‘My Licenses’’ from 

the menu. At this point, the licensee 

will be presented with a list of call signs 

assigned to its FRN. The licensee should 

then click on the nationwide nonexclusive (NN radio service) call sign 

under which it intends to register its 

stations, and then click on the link 

labeled ‘‘Register Locations.’’ The 

licensee should then click on the link 

labeled ‘‘Add New Location.’’ Clicking 

on this link will step the licensee 

through the filing process for registering 

a new fixed or base station. If the 

proposed station registration requires an 

environmental assessment or is located 

in a quiet zone, the licensee must 

specify this fact on Schedule M and 

provide any necessary information in 

accordance with the instructions and 

FCC Rules. At this time, the complete 

registration process must be repeated for 

each individual location that the 

licensee wishes to register; however, 

batch filing will be available to licensees 

who have tested this process with us 

and have been granted approval to 

register their fixed and base stations in 

this fashion. 

The ULS electronic form performs 

edit checks as information is entered. 

For instance, ULS will verify that the 

specified power and other technical 

parameters are within the limits 

specified in the FCC rules. Based on the 

licensee’s response, ULS will also 

determine whether the registrant is 

eligible for the full 50 MHz of spectrum 

based on the use of an unrestricted 

protocol or whether the registrant is 

limited to the use of the lower 25 MHz 

of the band based on the use of a 

restricted protocol. Finally, as part of 

the nightly processing, ULS will 

automatically, based on the station’s 

coordinates, determine whether the base 

station is in an area requiring 

international coordination or whether 

the station is within one of the 

protection zones established around the 

three grandfathered Federal 

radiolocation stations or the 

grandfathered FSS Earth stations. For 

those licensees attempting to locate 

stations within the protection zones 

around the three grandfathered Federal 

sites, the Commission will refer those 

applications to the Frequency 

Assignment Subcommittee of the 

Interdepartment Radio Advisory 

Committee. Stations may only be 

located within the protection zone of a 

grandfathered FSS station if an 

agreement is negotiated between the 

parties. If a station is located within the 

protection zone of a grandfathered FSS 

station and the licensee does not certify 

that they have negotiated an agreement 

with the grandfathered FSS licensee, 

ULS will dismiss the registration 

application.20

Station registrations will not be 

placed on Public Notice as a matter of 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 74287 

21See, e.g., 47 CFR 1.933(a)(3) (categories of 

information of public significance include special 

environmental considerations as required by part 1, 

FCC Rules). 

22Commercial mobile radio service is a mobile 

service that is: (a)(1) Provided for profit, i.e., with 

the intent of receiving compensation or monetary 

gain; (2) an interconnected service; and (3) available 

to the public, or to such classes of eligible users as 

to be effectively available to a substantial portion 

of the public; or (b) the functional equivalent of 

such a mobile service described in paragraph (a). 

See 47 CFR 20.3. Private Mobile Radio Service is 

a mobile service that is neither a commercial mobile 

radio service nor the functional equivalent of a 

service that meets the definition of commercial 

mobile radio service. Id. 

23See 47 CFR 1.1102 (item 6 sets filing fees for 

land mobile operations); 1.1152 (item 4 sets 

regulatory fee for PMRS land mobile, item 6 sets the 

regulatory fee for CMRS land mobile). Additional 

information about the fees is available in the 

Wireless Telecommunications Bureau Fee Guide. 

See infra note 26. 

24See 47 CFR 1.1114, 1.1162 (exemptions from 

filing and regulatory fees, respectively). 

25See 47 U.S.C. 158(b)(1), 159(b)(2). 

26See http://www.fcc.gov/fees/appfees.html and 

click on the link to the latest Wireless 

Telecommunications Bureau Fee Filing Guide, or 

call 1–877–480–3201. 

27An application for authorization to provide 

common carrier radio service (Main Form Item 41), 

mobile radio service (Main Form Item 42), and 

service interconnected to the public telephone 

network (Main Form Item 43) should be filed using 

the PALM fee type code even if the application also 

seeks authority for non-common carrier radio 

service and/or private, internal communications 

(Item 41) and/or for fixed operation (Item 42). 

routine unless they raise a matter of 

public significance (e.g., environmental 

concerns).21 When the FCC accepts an 

individual fixed or base station 

registration, ULS will be updated and 

the licensee will be notified by letter. 

The licensee is not authorized to operate 

the station until the application for 

registration is in an ‘‘Accepted’’ status 

and the nationwide license is updated 

on ULS. Individual station registrations 

will be available for public inspection 

through ULS electronically. We note, 

however, that under the current ULS 

system, the printed copy of the 

nationwide non-exclusive license will 

not be updated to reflect station 

registrations and will not be re-issued 

when individual stations are registered 

with that call sign. 

IV. License Modifications; Transfers 

and Assignments 

Modifications to nationwide nonexclusive licenses in the 3650 MHz 

band will be limited to changing the 

data on the FCC Form 601 Main Form, 

which contains administrative data and 

certifications. Modifications to the nonexclusive nationwide license may be 

filed electronically using ULS. To file, 

applicants should log into ULS using 

their FRN and password. Once logged 

in, the applicant should select ‘‘My 

Licenses’’ from the menu. At this point, 

the licensee will be presented with a list 

of call signs assigned to its FRN. The 

licensee should then select the 

nationwide non-exclusive (NN radio 

service) call sign that it intends to 

modify and click on the update link in 

the navigation menu at the right side of 

the screen. The licensee should follow 

the online prompts to complete the 

application. For additional help with 

the filing process, the applicant can 

click on the Common Questions links 

that appear on most pages of the ULS 

License Manager, or click the Help link 

in the upper right hand corner of the 

screen. Modifications to the nonexclusive nationwide license must be 

filed independent of any filing 

involving registration of fixed and base 

stations. 

Wireless licensees in the 3650 MHz 

band may assign or transfer their 

nationwide non-exclusive licenses using 

FCC Form 603. A licensee can only 

assign or transfer its entire nonexclusive license and it cannot engage 

in partitioning or disaggregation. Any 

fixed or base stations registered under a 

nationwide non-exclusive license will 

remain associated with that license 

during a full assignment or transfer. 

Licensees can NOT file applications on 

Form 603 to ‘‘assign’’ individual 

stations registered under their 

nationwide non-exclusive license to 

another nationwide non-exclusive 

licensee. Rather, licensees are free to 

make and record such transactions by 

having the first licensee delete the 

registered station(s) from its license and 

having the second licensee register the 

station(s) under its license. 

V. Modification of Fixed and Base 

Station Registrations 

Modifications to fixed or base station 

registrations must be done electronically 

through ULS. A licensee will initiate the 

modification process by going to the 

ULS web site and entering its FRN and 

password. Once the licensee is logged 

in, they should select ‘‘My Licenses’’

from the menu. At this point, the 

licensee will be presented with a list of 

call signs assigned to their FRN. The 

licensee should then click on the 

nationwide non-exclusive (NN radio 

service) call sign containing the station 

it wishes to modify, and then click on 

the link labeled ‘‘Register Locations.’’

The licensees will then be presented 

with a list of stations associated with 

that license. Station registrations can be 

modified by clicking on the desired 

station link. The process described 

above must be repeated for each station 

to be modified. 

To amend the data on an individual 

station registration which is not yet in 

an ‘‘Accepted’’ status on ULS, the 

process is as follows: The licensee must 

go to the ULS Web site and enter its 

FRN and password. Then the licensee 

should click on the link labeled ‘‘My 

Applications’’ and then click on the link 

labeled ‘‘Pending’’ to display a list of 

applications, which will include 

pending registrations. The pending 

station registration can be amended by 

clicking on the file number of the 

desired pending registration and then 

clicking on the link labeled ‘‘Update.’’

Under electronic filing, the previously 

entered data from Schedule M will be 

displayed and the licensee will be 

allowed to change the data. The process 

described above must be repeated for 

each pending registration that is to be 

amended. 

VI. Filing and Regulatory Fees 

The 3650 MHz band is licensed as a 

land mobile service, under part 90 of the 

FCC’s Rules, for non-exclusive wireless 

operations on a Commercial Mobile 

Radio Service (CMRS) basis and/or on a 

Private Mobile Radio Service (PMRS) 

basis.22 Such applications are subject to 

filing fees under section 1.1102 and 

regulatory fees under section 1.1152.23

The Commission’s rules exempt certain 

applicants from filing and/or regulatory 

fees.24

Listing the current fees in this public 

notice would disserve applicants 

because the Commission adjusts filing 

and regulatory fees periodically as 

required by several statutes.25

Applicants and licensees must check 

the Wireless Telecommunications 

Bureau Fee Filing Guide for current 

fees.26 Nonexempt applicants for 

nationwide non-exclusive licenses in 

the 3650 MHz band will be subject to 

application filing and regulatory fee 

categories as follows: 

• New PMRS non-exclusive 

nationwide license applications: Fee 

type code PALR.27

• New CMRS non-exclusive 

nationwide license applications: Fee 

type code PALM. 

• Modification of PMRS or CMRS 

non-exclusive nationwide license 

applications: Fee type code PALM. 

• PMRS or CMRS Assignments of 

Authorization: Fee type code PALM. 

• PMRS or CMRS Transfers of Control 

applications: Fee type code PATM. 

Individual transmitter location 

registrations on ULS are not subject to 

filing fees. 

VII. Database Accuracy Procedures 

In the 2005 Order, the Commission 

stated that ‘‘in order to keep the ULS 


sroberts on PROD1PC70 with NOTICES
74288 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices 

28 2005 Order, 20 FCC Rcd at 6513–14 ¶ 32; see 

also 2005 Order at 6536 ¶ 103 (ordering clause 

granting WTB delegated authority ‘‘to adopt 

requirements regarding the reporting of registration 

and licensing information, pertaining to the 3650 

MHz Wireless Broadband Services, in the Universal 

Licensing System database.’’). 

29See 47 CFR 90.1307. 

30See generally 47 CFR 90.157(a) (‘‘[u]nless stated 

otherwise in this part or in a station authorization 

* * * any station which has not operated for one 

year or more is considered to have been 

permanently discontinued.’’). 

licensing and registration database 

accurate and up-to-date, we delegate to 

the WTB the authority to adopt rules 

regarding the reporting of database 

information including reporting of any 

license or station transfers. The WTB 

will issue a Public Notice seeking 

comment on these issues, if needed.’’ 28

The public will be able to examine the 

registration database online, through 

ULS, to determine locations of fixed and 

base stations. More specifically, the 

database will allow applicants and 

licensees to identify the location of base 

and fixed stations in the 3650 MHz band 

to facilitate cooperation among users 

and protection of grandfathered stations 

from interference. The database will 

also permit the Commission to monitor 

the use of this spectrum as new 

technologies and services develop. 

Over time, the utility of the database 

will be diminished if registration data 

becomes outdated or otherwise 

inaccurate. Thus, we emphasize that the 

requirement to register fixed and base 

stations prior to operation is ongoing—

operating previously registered but 

subsequently modified equipment or 

operating parameters would subject the 

operator to enforcement action. The 

Commission’s rules also require 

registrations for unused fixed and base 

stations to be deleted.29 For purposes of 

this requirement, we will generally 

consider a fixed or base station to be 

‘‘unused’’ if it has not operated for one 

year or more.30 Also, as noted above, 

licensees must update their base and 

fixed station registrations to reflect 

changes resulting from equipment 

manufacturer’s software upgrades. 

Additional reporting or periodic 

certification requirements may be 

necessary to maintain accurate and 

current data. However, rather than 

adopting or seeking comment on 

additional measures at this juncture, the 

WTB is reserving the right to revisit this 

matter in the future after the Bureau, as 

well as licensees, have the opportunity 

to gauge the effectiveness of the existing 

requirements for this new service. 

Federal Communications Commission. 

Joel D. Taubenblatt, 

Acting Deputy Chief, Wireless 

Telecommunications Bureau. 

[FR Doc. 07–6229 Filed 12–28–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL FINANCIAL INSTITUTIONS 

EXAMINATION COUNCIL 

Appraisal Subcommittee; Information 

Collection Submitted for OMB Review 

and Comment Request 

AGENCY: Appraisal Subcommittee, 

Federal Financial Institutions 

Examination Council. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1980 (44 

U.S.C. Chapter 35), the Appraisal 

Subcommittee of the Federal Financial 

Institutions Examination Council 

(‘‘ASC’’) will submit to the Office of 

Management and Budget (‘‘OMB’’) for 

clearance the following information 

collection, without change from a 

previously approved collection. 

DATES: Comments on this information 

collection must be received on or before 

January 30, 2008. 

ADDRESSES: Send comments to Marc L. 

Weinberg, Acting Executive Director 

and General Counsel, Appraisal 

Subcommittee, 2000 K Street, NW., 

Suite 310, Washington, DC 20006; and 

Mark D. Menchik, Clearance Officer, 

Office of Management and Budget, New 

Executive Office Building, Room 10236, 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Marc L. Weinberg, Acting Executive 

Director and General Counsel, Appraisal 

Subcommittee, 2000 K NW., Suite 310, 

Washington, DC 20006, from whom 

copies of the information collection and 

supporting documents are available. 

Summary of Revision 

Title: Description of Office, 

Procedures, Public Information, 12 CFR 

part 1102, subpart D. 

Type of Review: Regular submission. 

Description: The information 

collection enables the ASC to comply 

with the Freedom of Information Act, as 

amended, (‘‘FOIA’’ 5 U.S.C. 552. It will 

be used by the ASC and its staff in 

determining whether requests for access 

to ASC records should be provided and 

whether appeals from adverse agency 

decisions regarding access should be 

granted under FOIA. 

Form Number: None. 

OMB Number: 3139–0004. 

Affected Public: All members of the 

public. 

Number of Respondents: 11 

respondents. 

Total Annual Responses: 11 

responses. 

Average Hours per Response: 20 

minutes. 

Total Annual Burden Hours: 3.67 

hours. 

By the Appraisal Subcommittee of the 

Federal Financial Institutions Examination 

Council. 

Dated: December 21, 2007. 

Marc L. Weinberg, 

Acting Executive Director & General Counsel. 

[FR Doc. 07–6228 Filed 12–28–07; 8:45 am] 

BILLING CODE 6210–01–M 

FEDERAL FINANCIAL INSTITUTIONS 

EXAMINATION COUNCIL 

Appraisal Subcommittee; Information 

Collection Submitted for OMB Review 

and Comment Request 

AGENCY: Appraisal Subcommittee, 

Federal Financial Institutions 

Examination Council. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1980 (44 

U.S.C. Chapter 35), the Appraisal 

Subcommittee of the Federal Financial 

Institutions Examination Council 

(‘‘ASC’’) will submit to the Office of 

Management and Budget (‘‘OMB’’) for 

clearance the following information 

collection, without change from a 

previously approved collection. 

DATES: Comments on this information 

collection must be received on or before 

January 30, 2008. 

ADDRESSES: Send comments to Marc L. 

Weinberg, Acting Executive Director 

and General Counsel, Appraisal 

Subcommittee, 2000 K Street, NW., 

Suite 310, Washington, DC 20006; and 

Mark D. Menchik, Clearance Officer, 

Office of Management and Budget, New 

Executive Office Building, Rom 10236, 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Marc L. Weinberg, Acting Executive 

Director and General Counsel, Appraisal 

Subcommittee, 2000 K Street, NW., 

Suite 310, Washington, DC 20006, from 

whom copies of the information 

collection and supporting documents 

are available. 

Summary of Revision 

Title: Temporary Waiver Requests, 

Rules 1102.1 through 1102.7, 12 CFR 

part 1102, subpart A. 

Type of Review: Regular submission. 

Description: The information will be 

used by the ASC and its staff Requests 


sroberts on PROD1PC70 with NOTICES