Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Rules and Regulations 72143 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for 2,5-Furandione, polymer with 

methoxyethene, butyl ethyl ester, 

sodium salt. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of 2,5-Furandione, 

polymer with methoxyethene, butyl 

ethyl ester, sodium salt from the 

requirement of a tolerance will be safe. 

X. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these rules 

from review under Executive Order 

12866, entitled ‘‘Regulatory Planning 

and Review’’ (58 FR 51735, October 4, 

1993). Because this final rule has been 

exempted from review under Executive 

Order 12866, this final rule is not 

subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it involve 

any technical standards that would 

require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA) (15 U.S.C. 272 

note). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes, or otherwise have any unique 

impacts on local governments. Thus, the 

Agency has determined that Executive 

Order 13132, entitled ‘‘Federalism’’ (64 

FR 43255, August 10, 1999) and 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

Although this action does not require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994), EPA seeks to achieve 

environmental justice, the fair treatment 

and meaningful involvement of any 

group, including minority and/or lowincome populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

XI. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 24, 2014. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.960, the table is amended 

by alphabetically adding an entry for 

‘‘2,5-Furandione, polymer with 

methoxyethene, butyl ethyl ester, 

sodium salt, minimum number average 

molecular weight (in amu), 18,200’’ after 

the entry for ‘‘2,5-Furandione, polymer 

with ethenylbenzene, reaction, products 

with polyethylene-polypropylene glycol 

2-aminopropyl Me ether; minimum 

number average molecular weight (in 

amu), 14,000’’ to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

* * * * * 

2,5-Furandione, polymer with 

methoxyethene, butyl ethyl 

ester, sodium salt, minimum number average molecular weight (in amu), 

18,200 ............................... 1471342–08–1 

* * * * * 

[FR Doc. 2014–28603 Filed 12–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 22 

[WT Docket No. 12–40; RM–11510; FCC 14– 

181] 

Cellular Service, Including Changes in 

Licensing of Unserved Area 

AGENCY: Federal Communications 

Commission. 


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72144 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: In this Report and Order 

(‘‘R&O’’), the Federal Communications 

Commission (‘‘Commission’’) adopts 

new and revised rules governing the 800 

MHz Cellular (‘‘Cellular’’) Service, 

changing the licensing model from sitebased to geographic-based and 

eliminating numerous filing 

requirements while preserving direct 

access to area not yet licensed 

(‘‘Unserved Area’’). The Commission 

also deletes obsolete and unnecessary 

provisions in the rules and streamlines 

requirements remaining in place. The 

resulting modernized scheme gives 

greater flexibility to Cellular licensees to 

make improvements to their systems in 

response to changing market demands. 

DATES: Effective January 5, 2015, except 

for the amendments to 47 CFR 

22.165(e), 47 CFR 22.948, and 47 CFR 

22.953, which contain information 

collection requirements that have not 

yet been approved by the Office of 

Management and Budget (OMB). The 

Commission will publish a document in 

the Federal Register announcing the 

effective date of those three 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Nina Shafran, Mobility Division, 

Wireless Telecommunications Bureau, 

(202) 418–2781, TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Federal 

Communications Commission’s Report 

and Order (‘‘R&O’’), WT Docket No. 12– 

40, RM No. 11510, FCC 14–181, adopted 

November 7, 2014 and released 

November 10, 2014. The full text of the 

R&O, including all Appendices, is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street 

SW., Room CY–A157, Washington, DC 

20554, or by downloading the text from 

the Commission’s Web site at http://

transition.fcc.gov/Daily_Releases/Daily_

Business/2014/db1110/FCC-14- 

181A1.pdf. The complete text also may 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. Portals II, 445 12th Street 

SW., Suite CY–B402, Washington, DC 

20554. Alternative formats are available 

for people with disabilities (Braille, 

large print, electronic files, audio 

format), by sending an email to 

FCC504@fcc.gov or calling the 

Consumer and Government Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Synopsis of the Report and Order 

I. Background 

1. Under the current site-based 

licensing rules, a Cellular applicant 

requests authorization to construct at a 

specific transmitter location (or multiple 

locations) in Unserved Area and may 

construct only authorized transmitters. 

Cellular Unserved Area applications 

specify the area to be licensed as CGSA 

and, because they are classified as 

‘‘major’’ applications no matter how 

small the expansion area, they are 

subject to a 30-day public comment 

period during which petitions to deny 

and competing applications may be 

filed. In the event that mutually 

exclusive applications are accepted for 

a particular Unserved Area, they are 

resolved through competitive bidding in 

closed auctions. Unserved Area licenses 

granted are subject to a one-year 

construction deadline for the authorized 

site; failure to build out results in 

automatic termination of the 

authorization for that site, and the 

Unserved Area again is subject to relicensing. 

2. In a Notice of Proposed Rulemaking 

released on February 15, 2012 (‘‘2012 

NPRM’’), the Commission proposed to 

transition the Cellular Service to 

geographic-based licensing by issuing 

geographic-area overlay licenses 

through competitive bidding in two 

stages. The Commission also proposed 

new and revised rules. The Commission 

sought comment on all aspects of its 

proposals as well as on other ideas, 

proposals, and comments discussed in 

the 2012 NPRM, and also invited the 

submission of alternative ideas. In 

response to the 2012 NPRM, interested 

parties submitted comments, reply 

comments, and ex parte letters. The 

specific reforms adopted by the 

Commission in the R&O are described 

below. 

II. Report and Order 

A. Geographic License Boundaries 

3. While the traditional geographic 

licensing model, such as the model for 

the Broadband Personal 

Communications Service (‘‘PCS’’) and 

other commercial wireless services, 

entails awarding licenses (via 

competitive bidding if mutually 

exclusive applications are accepted) for 

areas whose boundaries are co-terminus 

with well-known political boundaries or 

other market areas established by the 

Commission, such as Metropolitan 

Statistical Areas, the Commission 

concludes that geographic areas should 

be defined for the Cellular Service at 

this time by CGSA boundaries. This is 

consistent with the Commission’s goals 

and recognizes the history and current 

status of the Cellular Service. 

4. As explained in more detail in the 

2012 NPRM, the Commission digitized 

all CGSAs using the most recent maps 

on file for licensed CGSAs, creating map 

files in geographic information system 

(‘‘GIS’’) format. Since then, the staff has 

regularly updated the files, and in 

October 2013, made them publicly 

available online. They draw directly 

from official Universal Licensing 

System (‘‘ULS’’) station records for the 

Cellular Service, using the most recent 

CGSA maps of record, including those 

accompanying Cellular applications 

submitted pursuant to Commission 

rules. The staff uses them to determine 

the official boundary of an authorized 

CGSA (and a proposed CGSA when 

reviewing a Cellular Service 

application). They will continue to be 

updated regularly, and licensees as well 

as new-system applicants should 

consult them to verify CGSA 

boundaries. 

B. Field Strength Limit 

5. Based on the record in this 

proceeding, the Commission finds that 

its proposed 40 dBmV/m field strength 

limit is appropriate for the Cellular 

Service and, accordingly, the 

Commission adopts a new rule 

establishing this limit. The Commission 

also finds it appropriate, consistent with 

other geographic-based wireless 

services, to permit neighboring cochannel Cellular licensees to negotiate 

different field strength limits—higher or 

lower than 40 dBmV/m. The 

Commission emphasizes that Cellular 

licensees must comply at all times with 

the applicable radiated power limits as 

well as applicable provisions of 

international agreements and treaties. 

However, given that the Commission is 

preserving the ability to expand service 

coverage into any Unserved Area 

nationwide, both through CGSA 

expansions and SAB extensions (as 

discussed further below), the 

Commission finds it appropriate to 

depart from the 2012 NPRM proposal to 

subject all Cellular licensees to a 40 

dBmV/m (or negotiated) signal field 

strength limit at their respective license 

boundaries. Under the approach the 

Commission has adopted in the R&O, a 

Cellular licensee’s CGSA will not 

always be adjacent to a neighboring cochannel licensee’s CGSA; it may in 

some cases be bordered by Unserved 

Area. Therefore, increased flexibility for 

Cellular licensees is warranted when 

applying the field strength limit rule. 

6. Accordingly, the Commission 

adopts a rule that will apply at every 


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point along the neighboring co-channel 

licensee’s CGSA boundary. The 

following two examples illustrate this 

new rule: (1) If a licensee’s CGSA 

borders Unserved Area (whether 

currently or through a service coverage 

expansion in compliance with the new 

rules), that licensee can exceed the 40 

dBmV/m limit at its own CGSA 

boundary, so long as it complies with 

that limit (or a negotiated limit) at every 

point along the neighboring co-channel 

licensee’s CGSA boundary; (2) if two cochannel licensees’ CGSAs are adjacent, 

both licensees will be subject to the 

field strength limit rule at every point 

along their shared CGSA boundary to 

protect one another. The Commission 

concludes that this more flexible 

approach serves the public interest. 

7. The Commission declines at this 

time to provide a methodology 

regarding how the field strength should 

be determined. Cellular licensees are 

best positioned to choose a methodology 

that takes into account factors unique to 

their systems and the area involved, 

including, for example, technologies, 

traffic loading, topography, and location 

of major roads. The Commission 

recognizes that the existing regime in 

the Gulf of Mexico (‘‘Gulf’’) Cellular 

market was carefully crafted following 

lengthy Commission and judicial 

proceedings. Accordingly, as set forth in 

the new field strength limit rule (47 CFR 

22.983) and the revised version of 47 

CFR 22.912 that the Commission also 

adopts in this R&O (discussed further 

below), the Commission finds that it 

serves the public interest to continue to 

maintain the status quo Gulf regime in 

most respects and not apply the new 

field strength limit rule. Specifically, 

the Commission will continue to require 

service area extension agreements and 

associated filings with the Commission 

as follows: land-based carriers adjoining 

the Gulf will be required to negotiate 

any desired SAB extensions into the 

Gulf of Mexico Exclusive Zone and 

submit minor modification applications 

to the Commission, certifying that such 

consent has been obtained; and 

licensees in the Gulf of Mexico 

Exclusive Zone will likewise be 

required to negotiate any desired SAB 

extensions into the licensed area of 

neighboring land-based carriers and 

submit minor modification applications 

to the Commission, certifying that such 

consent has been obtained. The 

Commission clarifies that all land-based 

carriers will, however, be subject to the 

new field strength limit rule to protect 

the licensed CGSA boundaries of all 

neighboring co-channel land-based 

licensees. 

8. No commenters objected to the 

proposal to retain the requirements for 

mandatory coordination currently set 

forth in 47 CFR 22.907, and the 

Commission finds that it serves the 

public interest to adopt that proposal. 

As the Commission emphasizes, 

Cellular licensees will be permitted to 

expand their CGSAs and extend their 

SABs (in compliance with the new rules 

adopted in the R&O), which are 

calculated based on contours. The 

formulas in 47 CFR 22.911 provide a 

proven method for the requisite 

calculation of such contours and the 

service area within them, and the 

Commission finds that they do not 

warrant change at this time. The 

Commission does, however, revise 47 

CFR 22.911 to delete provisions 

rendered obsolete by its decision to 

adopt a field strength limit rule and the 

related decision to eliminate certain 

requirements governing SAB extensions 

into another licensee’s CGSA, discussed 

below, in connection with transitioning 

the Cellular Service to a geographicbased model. These revisions to 47 CFR 

22.911 do not affect the formulas for 

calculating CGSAs and SABs. 

C. SAB Extensions Negotiated With 

Another Licensee 

9. Background. Under the current 

Cellular site-based licensing regime, a 

licensee seeking to extend service 

coverage on a secondary basis into the 

licensed area of a neighboring cochannel licensee is required to negotiate 

an SAB extension agreement and is then 

required to file a minor modification 

application for the extension and certify 

that the neighboring licensee’s consent 

has been obtained. In response to the 

2012 NPRM, some commenters 

cautioned that previously negotiated 

SAB extension agreements should not 

be disrupted by the Commission. 

10. Consistent with the approach 

taken in other commercial wireless 

services and the Commission’s goals in 

this proceeding, the Commission revises 

47 CFR 22.912 to reflect that the 

Commission will no longer require 

applications for SAB extensions into 

neighboring CGSAs, and it adopts a 

conforming change to 47 CFR 22.911(d). 

The Commission clarifies that, so long 

as a licensee either meets the 40 dBmV/ 

m field strength limit or negotiates a 

different limit (higher or lower) with the 

neighboring co-channel licensee, 

resulting SAB extensions into a 

neighboring licensee’s CGSA will be 

permitted without a minor modification 

application or a certification that 

consents have been obtained. The 

exception is with respect to the Gulf, as 

discussed above. The Commission 

emphasizes that it does not seek to 

disrupt previously negotiated SAB 

extension agreements between Cellular 

licensees, nor does it seek to prohibit 

new ones. The Commission fully 

expects that parties will continue to 

comply with the terms of their existing 

SAB extension agreements or negotiate 

new terms if they deem warranted. 

D. SABs Remaining Within CGSA 

Boundaries 

11. Under the existing site-based 

licensing regime, Cellular licensees are 

required to file minor modification 

applications notifying the Commission 

of the addition or modification of 

transmitter sites that form the CGSA 

boundary—so-called border sites. While 

system changes to purely internal (nonborder) sites generally do not require a 

Commission filing, changes to border 

sites require the notifications (but not 

prior approval) even when the resulting 

new or modified SAB remains entirely 

within the CGSA boundary. 

12. The Commission finds that it 

serves the public interest to no longer 

require that Cellular licensees notify the 

Commission of changes to cell sites, or 

the addition of new cell sites, where the 

SAB remains confined within the 

existing CGSA boundary. This approach 

is consistent with the Commission’s 

goals of reducing licensee 

administrative burdens, enhancing 

flexibility to adapt quickly to 

technological and market place changes, 

and increasing harmonization of the 

Cellular Service rules with those of 

other geographically licensed services. 

13. Section 22.165(e). The 

introductory clause of 47 CFR 22.165 

limits the scope of the entire rule to 

transmitters that may be added without 

prior Commission approval, and 

subsection 22.165(e) governs Cellular 

licensees solely in that context; it does 

not address whether adding a Cellular 

transmitter triggers the requirement to 

file a notification with the Commission. 

Consistent with the licensing approach 

the Commission adopts in this R&O, the 

Commission also adopts a simplified 47 

CFR 22.165(e) that eliminates references 

to the legacy Cellular licensing model 

(e.g., the five-year construction period of 

an initial primary license) and clarifies 

when a Cellular transmitter may be 

added without prior Commission 

approval. 

E. 50-Square-Mile Minimum for CGSA 

Expansions 

14. There is currently no required 

minimum for expansion of an existing 

system’s CGSA into Unserved Area, and 

any expansion no matter how small 

requires a major modification 


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application seeking prior Commission 

approval. All CGSA-expansion 

applications are placed on public notice 

for 30 days. This reform proceeding has 

evaluated whether there is a continued 

need for modification applications and 

subsequent buildout notifications for 

very small system changes. Also, a high 

number of amendments are 

subsequently filed, either to cure 

applicant errors or change the coverage 

or certain technical parameters initially 

proposed. The result is a process that 

consumes significant licensee and FCC 

resources. Commission data indicate 

that, by limiting CGSA-expansion major 

modification applications to those that 

propose expansion of 50 contiguous 

square miles or more, together with 

adopting a streamlined procedure for 

service coverage expansions of less than 

50 contiguous square miles, the volume 

of major modification applications and 

associated amendments for CGSA 

expansions will be dramatically 

reduced. Likewise, the volume of buildout notification filings would also be 

significantly reduced. 

15. The Commission is persuaded, as 

noted above, to continue to permit 

CGSA expansions in all CMA Blocks at 

this time. The Commission also agrees 

with the commenters that it serves the 

public interest to establish by rule a 

minimum requirement of 50 contiguous 

square miles (as determined pursuant to 

the applicable formula in 47 CFR 

22.911) for all CGSA expansions (i.e., to 

expand service coverage on a primary, 

protected basis). The Commission 

concludes that this approach balances 

the concerns of large and smaller 

carriers alike, particularly because the 

Commission will not only continue to 

permit secondary operation to serve 

smaller parcels (less than 50 contiguous 

square miles), but will enhance 

flexibility by eliminating previously 

required Commission filings for such 

parcels, as discussed in detail in the 

next section of this R&O. The 

Commission incorporates this minimum 

requirement for CGSA expansions into 

the revised version of 47 CFR 22.949 

that the Commission adopts in this R&O 

and, consistent with the Commission’s 

regulatory reform agenda to streamline 

rules where possible, the Commission 

consolidates the existing new-system 

coverage requirements currently set 

forth in 47 CFR 22.951 into 47 CFR 

22.949. The Commission declines at this 

time to adopt a commenter’s proposal to 

establish a two-year build-out 

requirement solely for licensees in 

Alaska; it finds that the one-year buildout requirement applicable to all 

Cellular licensees has generally worked 

well and does warrant change at this 

time. 

16. The Commission anticipates that 

licensees will not make unnecessary 

filings under the new rules it adopts in 

this R&O. The Commission clarifies 

that, to the extent that applications are 

filed claiming Unserved Area as CGSA 

without meeting the new minimum 

square mileage requirement, 

Commission staff will not process them; 

rather, they will return or dismiss such 

filings unless first withdrawn by the 

applicant. 

F. SAB Extensions Into Unserved Area; 

Shared Service on a Secondary Basis 

17. Since 2004, the Commission has 

permitted Cellular licensees to extend 

their SABs into adjacent Unserved Area 

and provide service on a secondary 

basis without first filing a major 

modification application seeking prior 

Commission approval, so long as the 

extension is less than 50 square miles. 

In such instances, the licensee has been 

required to file only a notification upon 

commencing service on a secondary 

(i.e., an unlicensed, unprotected) basis. 

A licensee seeking to claim the area as 

part of its CGSA (i.e., for primary, 

protected service) is required to submit 

a major modification application subject 

to a 30-day public comment period, no 

matter how small the area. The 2004 

relaxation of the prior approval 

requirement in such circumstances was 

designed to provide licensees with 

additional flexibility to respond to 

operational demands immediately in a 

manner that remained consistent with 

site-based licensing rules. 

18. As explained in the preceding 

section, to balance the concerns of 

smaller, more rural carriers and large 

carriers alike, the Commission adopts 

revised Cellular rules based on a 

geographic licensing model while also 

preserving certain elements of the 

existing site-based model, including the 

continued ability to expand CGSAs into 

Unserved Area so long as the proposed 

expansion area is at least 50 contiguous 

square miles. A high volume of 

applications under current Cellular 

rules are to make improvements in 

response to technological changes, 

demographic changes, and consumer 

demand that change the CGSA 

boundary by an extremely small 

amount. The Commission finds that it 

serves the public interest to permit 

continued access to these small parcels 

of Unserved Area, but the Commission 

recognizes that filings associated with 

minor system changes that expand 

service into these small parcels often 

constitute hindrances to system 

improvements. 

19. The Commission declines to adopt 

commenters’ unsupported proposals to 

permit Cellular incumbents simply to 

absorb small parcels of Unserved Area 

into their existing CGSAs, even when 

bordered on all sides by only one 

incumbent. The Commission finds these 

proposals to be inconsistent with 

Commission precedent. Consistent, 

however, with the approach the 

Commission adopts in this R&O to 

increase flexibility to make changes to 

an existing system without Commission 

filings, the Commission finds it serves 

the public interest to permit incumbents 

to extend their SABs (as calculated 

under 47 CFR 22.911) into adjacent 

Unserved Area parcels that are less than 

50 contiguous square miles and provide 

service coverage on a secondary basis 

indefinitely and without any filings 

with the Commission. The Commission 

clarifies that this is applicable whether 

the SAB extension is the result of an 

added transmitter, modification of a cell 

site, or both. A licensee extending its 

SAB into an Unserved Area parcel of 

less than 50 contiguous square miles 

must: (1) Pursuant to 47 CFR 22.983 that 

the Commission adopts in this R&O, 

comply with the 40 dBmV/m field 

strength limit at the boundary of the 

neighboring co-channel licensee’s CGSA 

or negotiate a different field strength 

limit; (2) accept interference from other 

Cellular systems; and (3) avoid causing 

harmful interference to any neighboring 

co-channel licensee’s CGSA. To the 

extent that more than one incumbent 

borders and wishes to serve the same 

Unserved Area parcel less than 50 

contiguous square miles, such 

incumbents will be required to provide 

service in that parcel on a shared 

secondary (unprotected) basis only. The 

Commission finds that these revisions 

serve the public interest and further the 

Commission’s goals in this proceeding. 

G. Submission of Maps 

20. In the 2012 NPRM, the 

Commission noted that, pursuant to 

delegated authority and rules adopted in 

the ULS proceeding to eliminate paper 

filings, the Bureau had announced 

optional electronic filing of CGSA map 

files in lieu of the large-scale (1:500,000 

scale) paper CGSA maps required to be 

submitted with certain Cellular 

applications. The Commission also 

reaffirmed the Bureau’s delegated 

authority to determine and announce 

the effective date of mandatory 

electronic filing of such maps, with 

instructions for the public regarding 

access to such submissions. The Bureau 

continued its voluntary policy to allow 

all Cellular licensees, including the 

smaller carriers, time to explore and 


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choose appropriate software for their 

electronic map filings. The 2012 NPRM 

anticipated mandatory electronic filing 

and sought comment on proposed rules 

incorporating this requirement. 

21. Nearly all large-scale CGSA maps 

are now submitted by applicants 

electronically in ULS. The Commission 

finds that, in conjunction with the 

numerous other changes adopted in the 

R&O to modernize the Cellular rules, it 

is appropriate to adopt final rules that 

require mandatory electronic filing of 

map files (rather than the large-scale 

paper CGSA maps) in GIS format with 

any Cellular applications that require 

maps. The Commission will continue to 

accept and preserve large-scale paper 

maps filed prior to the effective date of 

the electronic filing requirement that the 

Commission adopts in this R&O. 

Thereafter, the Commission will not 

accept paper maps with Cellular 

applications unless it finds that a largescale paper map is necessary to review 

and act on a particular application and 

requests such a submission. 

Applications that do not comply with 

the new requirement will either be 

returned to the applicant or dismissed. 

H. Elimination of Certain Application 

Content Requirements 

22. In an effort to streamline and 

modernize the Cellular Service-specific 

rules in Subpart H as well as certain 

Part 1 and other Part 22 rules applicable 

to Cellular licensing, the Commission 

proposed in the 2012 NPRM numerous 

rule deletions and changes to current 

requirements. The Commission 

specifically indicated that, in the future, 

certain information and exhibits 

currently required pursuant to 47 CFR 

22.929 and 22.953(a) would not be 

routinely required by the Commission’s 

engineering staff in their review of 

Cellular new-system and modification 

applications, and therefore proposed 

streamlining the information 

requirements in those rules. 

23. Based on the record and 

consistent with the Commission’s 

regulatory reform agenda, the 

Commission finds that it serves the 

public interest to adopt revised 

provisions to minimize the content 

requirements for Cellular applications. 

Specifically, the Commission adopts the 

proposal to delete 47 CFR 22.929 and 

consolidate application requirements 

into a single revised and streamlined 

rule, 47 CFR 22.953, such that 

applicants for new systems or system 

modifications will no longer be required 

routinely to submit the following 

information in their exhibits: Height of 

the center of radiation of the antenna 

above average terrain; antenna gain in 

the maximum lobe; antenna model; 

antenna manufacturer name; antenna 

type; antenna height to tip above ground 

level; maximum effective radiated 

power; beam-width of the maximum 

lobe of the antenna; polar plot of the 

horizontal gain pattern of the antenna; 

electrical field polarization of the wave 

emitted by the antenna when installed 

as proposed; channel plan; service 

proposal; Cellular design; blocking 

level; start-up expenses; and 

interconnection. 

24. In light of technological advances 

and maturity of the Cellular Service, the 

Commission finds that the information 

and technical exhibits identified above 

are either no longer routinely necessary 

for Commission staff in reviewing 

Cellular applications or can be accessed 

elsewhere. By eliminating all 16 of these 

requirements for routine review, the 

Commission is alleviating to a 

significant degree the resources that 

licensees will need to expend on 

Cellular applications. The Commission 

concludes that such streamlining and 

modernization of the current rules 

serves the public interest. 

I. Mutually Exclusive Applications in 

the Cellular Service 

1. Initial License for Chambers, Texas 

Market (CMA672–A) 

25. Block A of the Chambers, Texas 

CMA (CMA672–A) (‘‘Chambers’’) is the 

only CMA in the country for which a 

Cellular initial primary license has 

never been issued, and AT&T Mobility 

of Galveston LLC (‘‘AT&T Galveston’’) 

holds an interim operating 

authorization—not a permanent 

license—and provides Cellular service 

to nearly all of the area under Call Sign 

KNKP971. The Commission proposed 

that the entire CMA672–A be licensed 

on a geographic area basis by auction, 

with specified build-out benchmarks. 

26. In light of the Commission’s 

decision in this R&O to adopt a 

geographic-based licensing model for 

the Cellular Service, the Commission 

finds it appropriate to adopt the 

Commission’s proposal regarding the 

Chambers license, with a few 

clarifications. The current rules provide 

for the acceptance of mutually exclusive 

applications for the initial license for 

Chambers, which would be resolved by 

competitive bidding pursuant to section 

309(j) of the Communications Act of 

1934, as amended. Accordingly, the 

Wireless Telecommunications Bureau 

(‘‘Bureau’’) will accept applications for 

a CMA-based initial primary license for 

Chambers, consistent with initial 

licensing of other CMA Blocks that have 

been subject to competitive bidding 

where mutually exclusive applications 

have been accepted. The Commission 

finds that it serves the public interest to 

adopt the proposed geographic coverage 

build-out requirements, rather than 

subjecting the new Chambers licensee to 

the legacy five-year and Unserved Area 

licensing build-out/application 

processes. The Chambers licensee will 

therefore be required to provide signal 

coverage and offer service over at least 

35% of the geographic area of CMA672– 

A within four years of initial license 

grant, and to at least 70% of that same 

area by the end of the license term, as 

set forth in new 47 CFR 22.960 that the 

Commission adopts in this R&O. As 

proposed, for purposes of this 

geographic benchmark, the licensee is to 

count total land, and failure to meet 

these coverage benchmarks will result 

in automatic termination of the license 

and its return to the Commission for relicensing by auction. Any licensee that 

so fails to meet these benchmarks will 

not be eligible to regain the Chambers 

license. The Commission emphasizes 

that the holder of the interim operating 

authorization (currently AT&T 

Galveston) does not have primary 

authority to operate and would not be 

afforded incumbent status entitled to 

protection from the Chambers licensee. 

27. The performance obligations for 

the Chambers license are consistent 

with those for geographic area licenses 

in certain other services similarly issued 

through competitive bidding. 

Accordingly, consistent with its 

regulatory reform agenda and as 

proposed, the Commission finds that it 

serves the public interest to eliminate— 

or, where appropriate, update—the 

numerous existing provisions pertaining 

to or referencing the legacy build-out 

periods for the Cellular Service 

throughout Parts 1 and 22 of the 

Commission’s rules. The Commission 

discusses these specific rule changes 

further below. 

28. Moreover, the Commission 

concludes that it is appropriate to deem 

the boundary of CMA672–A as the 

CGSA boundary of the Chambers 

licensee. Neighboring co-channel 

licensees will not be permitted to claim 

as CGSA any area within CMA672–A, 

even if not built out by the Chambers 

licensee by the end of the initial license 

term. The Chambers licensee will be 

permitted to claim, as a CGSA 

expansion, Unserved Area in a 

neighboring CMA, provided that it has 

first met all of its build-out 

requirements in CMA672–A by the end 

of the initial license term. Any such 

CGSA expansion area will not, however, 

remain part of the Chambers license in 

the event the Chambers license is 


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automatically terminated by 

Commission rule or revoked for any 

reason, in which case the area within 

CMA672–A will revert to the 

Commission for re-licensing by auction, 

while the CGSA expansion area will 

revert to the Commission for relicensing pursuant to the Unserved Area 

licensing rules. 

29. With respect to licensee protection 

requirements, pursuant to the field 

strength limit rule the Commission 

adopts in this R&O, the Commission 

clarifies that the Chambers licensee will 

have the flexibility to construct 

anywhere within CMA672–A subject to 

Cellular Service technical requirements, 

but must comply with the 40 dBmV/m 

field strength limit at the CGSA 

boundaries of neighboring co-channel 

licensees, unless a different limit is 

negotiated. Further, consistent with the 

new Cellular field strength limit rule 

and with protection requirements in 

other geographic-based wireless 

services, a neighboring co-channel 

Cellular licensee must comply with the 

40 dBmV/m field strength limit at the 

Chambers licensed area boundary (i.e., 

the boundary of CMA672–A), regardless 

of whether the Chambers licensee is yet 

operating near the border of CMA672– 

A, or else negotiate a different limit. 

30. The Commission concludes that 

this approach provides the most 

efficient and effective means to foster 

the provision of additional advanced 

wireless service by a primary licensee to 

this Texas market and serves the public 

interest. In the event that mutually 

exclusive applications are accepted for 

this license, the Commission concludes 

that new 47 CFR 22.961, which the 

Commission adopts in this R&O 

consistent with the Commission’s 

proposal in the 2012 NPRM, shall 

govern. The Commission directs the 

Bureau to proceed, within a reasonable 

time following the effective date of the 

final rules the Commission adopts in 

this R&O, to release the appropriate 

public notice(s) to implement its 

decision regarding the Chambers 

license. 

2. Mutually Exclusive CGSA Expansion 

Applications 

31. The Commission emphasizes that, 

with this R&O, the Commission is not 

eliminating the existing prohibition on 

CGSA overlaps. Accordingly, whenever 

CGSA-expansion or new-system CGSA 

applications are mutually exclusive 

with other pending proposed 

operations, they will continue to be set 

for resolution by competitive bidding in 

a closed auction unless the competing 

applicants are able to resolve the mutual 

exclusivity beforehand (for example, 

through settlement) in accordance with 

the Commission’s rules. Consistent with 

the Commission’s proposals in the 2012 

NPRM, the Commission adopts new 47 

CFR 22.961 not only to govern the 

Chambers license, but also mutually 

exclusive Cellular Unserved Area 

applications, and the Commission 

consolidates into 47 CFR 22.961 certain 

other rules to eliminate redundancy and 

obsolescence in provisions addressing 

mutually exclusive Cellular Service 

applications. 

J. Other Amendments; Non-Relocation 

of Rules 

32. In this section, the Commission 

explains various other changes to its 

rules in Part 22, Subpart H, and 

provisions found elsewhere in Part 22 as 

well as in Part 1. The Commission urges 

all parties to review and become 

familiar with all final rules the 

Commission adopts in the R&O in this 

proceeding, including the new and 

revised terms and definitions, all as set 

forth in Appendix A of this R&O and 

which will take effect as specified in the 

pertinent Ordering Clauses. 

1. Obsolete or Outdated Terminology 

and Provisions 

33. As stated above in the context of 

its decision concerning the Chambers 

license, obsolete and outdated terms are 

pervasive in the current rules applicable 

to the Cellular Service. Consistent with 

the Commission’s proposal in the 2012 

NPRM, a number of revised rules are 

being adopted in this R&O solely to 

bring the rules up to date by eliminating 

legacy terminology and cross-references, 

and by replacing outdated terms. In 

addition, the Commission adopts 

revisions here to conform certain rules 

in Parts 1 and 22 to the other rule 

changes the Commission adopts, as 

described above in this R&O. 

34. Specifically, the Commission is 

deleting rules and adopting revised 

rules as follows: 47 CFR 1.929(b) 

(revised); 47 CFR 22.99 (deleting 

defined terms ‘‘Build-out transmitters,’’ 

‘‘Five-year build-out period,’’ and 

‘‘Partitioned Cellular market,’’ revising 

slightly the definitions for ‘‘Cellular 

Geographic Service Area,’’ ‘‘Extension,’’ 

and ‘‘Unserved Area,’’ and adding and 

defining the term ‘‘Cellular Market 

Area’’); 47 CFR 22.131 (revising 

paragraphs (c)(3)(iii) and (d)(2)(iv)); 47 

CFR 22.143 (revising paragraph (a)); 47 

CFR 22.909 (revised); 47 CFR 22.911 

(deleting paragraph (c) and revising 

paragraph (e)); 47 CFR 22.912 (revised); 

47 CFR 22.946 (revised); 47 CFR 22.947 

(deleted); 47 CFR 22.948 (revised); and 

47 CFR 22.949 (revised). The 

Commission also proposed to delete 47 

CFR 1.919(c) governing the reporting of 

Cellular cross-ownership interests, 

which is obsolete because the reporting 

requirement has sunset. Accordingly, 

the Commission deletes 47 CFR 1.919(c) 

as proposed. The Commission finds that 

adopting these rule changes serves the 

public interest and advances the 

Commission’s regulatory reform agenda. 

2. AMPS-Related Data Collection 

35. The Commission noted in the 

2012 NPRM that, with sunset of the 

requirement to provide analog Cellular 

service, all of 47 CFR 22.901(b) had 

been rendered moot. Stating its belief 

that all Cellular licensees have had 

ample time to make their choice and file 

either the one-time AMPS sunset 

certification or the appropriate revised 

CGSA showing, the Commission 

proposed to terminate its collection of 

such certifications and to delete 47 CFR 

22.901(b). Based on the record, the 

Commission finds that it serves the 

public interest to adopt revised 47 CFR 

22.901, deleting paragraph (b) of the 

rule as proposed. As of the effective date 

of revised 47 CFR 22.901 that the 

Commission adopts in this R&O, the 

Commission will cease collecting AMPS 

sunset certifications from Cellular 

licensees. 

3. Correction of Section 1.958(d) 

36. The Commission proposed in the 

2012 NPRM to correct a clerical error in 

the distance computation formula in 47 

CFR 1.958(d)—an error that was 

introduced in the process of moving the 

provision containing the formula from 

Part 22 (then 47 CFR 22.157) to Subpart 

F of Part 1 of its rules. The error in this 

distance computation formula was 

inadvertent, and correction is obviously 

warranted. Accordingly, the 

Commission adopts the corrected rule as 

proposed. 

4. Non-Relocation of Part 22 Cellular 

and Part 24 PCS Rules to Part 27 

37. The Commission invited comment 

in the 2012 NPRM on whether the 

revised Cellular Service-specific rules 

should be incorporated into Part 27. The 

Commission further suggested that, if 

the revised Cellular Service rules were 

to be moved into Part 27, then the rules 

for the Part 24 PCS, should also be 

moved into Part 27, and sought 

comment on optimal timing and 

whether a separate rulemaking should 

be launched to address any such 

relocations. The Commission concludes 

that relocating the Part 22, Subpart H 

Cellular Service rules is not appropriate. 

Moreover, the Commission also 

concludes that it is not appropriate to 


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further consider relocation of the Part 24 

PCS rules in this proceeding. 

K. Gulf of Mexico Service Area 

38. The Commission proposed in the 

2012 NPRM generally to exempt the 

Gulf from the licensing revisions being 

considered, except that it proposed to 

subject Gulf licensees to the same field 

strength limit as all other Cellular 

licensees and also to certain rule 

changes designed to update and 

streamline the Cellular licensing regime. 

The Commission has already described, 

earlier in this R&O, its decision 

regarding field strength limit and the 

related issue of contractually negotiated 

SAB extensions with respect to the Gulf. 

The Commission concludes that, to the 

extent Gulf licensees are subject to 

Unserved Area licensing procedures 

under the current rules, consistent with 

the proposal in the 2012 NPRM, it 

serves the public interest that Gulf 

licensees not be exempt from the 

revised rules and procedures that the 

Commission adopts in this R&O to 

modernize and streamline the Cellular 

Unserved Area licensing model. This 

does not disrupt the Gulf regime. 

L. Freeze Order Lifted and Related 

Interim Procedures Terminated 

39. To permit the orderly and 

effective resolution of the changes and 

issues raised in the 2012 NPRM, and 

consistent with numerous prior 

proceedings, the Commission adopted a 

companion Order imposing a freeze on 

the acceptance of certain Cellular 

applications and imposing other interim 

procedures. The freeze and related 

interim procedures were very limited so 

as to permit continued expansion of 

service to consumers by incumbents but 

nonetheless help the Commission 

identify Unserved Area in substantially 

licensed CMA Blocks for purposes of 

conducting the proposed overlay 

auction. Although the Commission is 

not concluding this proceeding with 

this R&O, the Commission finds that it 

no longer serves the goals of this 

proceeding or the public interest to 

continue the freeze or the interim 

procedures. Accordingly, the freeze and 

the interim procedures that were 

imposed will no longer be in force as of 

the date specified in the pertinent 

Ordering Clause. 

III. Procedural Matters 

A. Paperwork Reduction Act Analysis 

40. Three of the rule amendments 

adopted by this R&O—47 CFR 22.165(e), 

22.948, and 22.953—contain modified 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (‘‘PRA’’), Public Law 104–13. 

Those rule amendments will be 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review under 

section 3507(d) of the PRA. OMB, the 

general public, and other Federal 

agencies will be invited to comment on 

the modified information collection 

requirements. In addition, the 

Commission notes that pursuant to the 

Small Business Paperwork Relief Act of 

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

3506(c)(4), the Commission previously 

sought specific comment on how the 

Commission might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. The Commission has 

assessed the effects on small business 

concerns of the rule changes it is 

adopting by this R&O and finds that 

businesses with fewer than 25 people 

will benefit from the elimination of 

certain filing requirements as well as 

from the streamlining and updating of 

various requirements applicable to all 

Cellular licensees. 

B. Congressional Review Act 

41. The Commission will send a copy 

of this R&O to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. 

C. Final Regulatory Flexibility Analysis 

42. The Regulatory Flexibility Act of 

1980 (‘‘RFA’’) requires that an agency 

prepare a regulatory flexibility analysis 

for notice and comment rulemakings, 

unless the agency certifies that ‘‘the rule 

will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities.’’ 

Accordingly, the Commission has 

prepared a Final Regulatory Flexibility 

Analysis (‘‘FRFA’’), set forth in 

Appendix C of the R&O, concerning the 

possible impact of the rule changes 

contained in the R&O. 

D. Ex Parte Presentations 

43. Permit-But-Disclose. The 

Commission will continue to treat this 

proceeding as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making 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 

Commission’s Electronic Comment 

Filing System (‘‘ECFS’’) available for 

that proceeding, and must be filed in 

their native format (e.g., .doc, .xml, .ppt, 

searchable .pdf). 

44. 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). 

IV. Ordering Clauses 

45. Accordingly, it is ordered, 

pursuant to Sections 1, 2, 4(i), 4(j), 7, 

301, 302, 303, 307, 308, 309, and 332 of 

the Communications Act of 1934, as 

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

154(j), 157, 301, 302, 303, 307, 308, 309, 

and 332, that this report and order in 

WT Docket No. 12–40 is adopted. 

46. It is further ordered that Parts 1 

and 22 of the Commission’s rules, 47 

CFR parts 1 and 22, are amended, as 

specified in Appendix A, effective 30 

days after publication in the Federal 

Register except as otherwise provided 

herein. It is the Commission’s intention 

in adopting these rule changes that if 

any provision of the rules, or the 

application thereof to any person or 

circumstance, is held to be unlawful, 

the remaining portions of the rules not 

deemed unlawful, and the application 

of such rules to other persons or 

circumstances, shall remain in effect to 

the fullest extent permitted by law. 

47. It is further ordered that the 

amendments adopted in the report and 


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order, and specified in Appendix A, to 

Sections 22.165(e), 22.948, and 22.953 

of the Commission’s rules, 47 CFR 

22.165(e), 22.948, and 22.953, which 

contain modified information collection 

requirements that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act, 

will become effective after the 

Commission publishes a notice in the 

Federal Register announcing such 

approval and the relevant effective date. 

48. It is futher ordered that, effective 

30 days after publication in the Federal 

Register of a summary of this report and 

order, the freeze and interim procedures 

that were imposed as of the adoption 

date of the 2012 Notice of Proposed 

Rulemaking and Order in this WT 

Docket No. 12–40 will no longer be in 

effect. 

49. It is further ordered that, pursuant 

to Section 801(a)(1)(A) of the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A), the Commission shall send 

a copy of this report and order to 

Congress and to the Government 

Accountability Office. 

50. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this report and order, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects 

47 CFR Part 1 

Telecommunications, Reporting and 

recordkeeping requirements. 

47 CFR Part 22 

Communications common carriers, 

Reporting and recordkeeping 

requirements. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 1 and 

22 as follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, 227, 303(r), 

309, 1403, 1404, 1451, and 1452. 

■ 2. Section 1.919 is amended by 

removing and reserving paragraph (c) to 

read as follows: 

§ 1.919 Ownership information. 

* * * * * 

(c) [Reserved] 

* * * * * 

■ 3. Section 1.929 is amended by 

revising paragraph (b) to read as follows: 

§ 1.929 Classification of filings as major or 

minor. 

* * * * * 

(b) In addition to those changes listed 

in paragraph (a) of this section, the 

following are major changes in the 

Cellular Radiotelephone Service: 

(1) Application requesting 

authorization to expand the Cellular 

Geographic Service Area (CGSA) of an 

existing Cellular system or, in the case 

of an amendment, as previously 

proposed in an application to expand 

the CGSA; or 

(2) Application or amendment 

requesting that a CGSA boundary or 

portion of a CGSA boundary be 

determined using an alternative method. 

(3) [Reserved] 

* * * * * 

■ 4. Section 1.958 is amended by 

revising paragraph (d) to read as 

follows: 

§ 1.958 Distance computation. 

* * * * * 

(d) Calculate the number of kilometers 

per degree of longitude difference for 

the mean geodetic latitude calculated in 

paragraph (b) of this section as follows: 

KPDlon = 111.41513 cos ML ¥ 0.09455 

cos 3ML + 0.00012 cos 5ML 

* * * * * 

PART 22—PUBLIC MOBILE SERVICES 

■ 5. The authority citation for part 22 

continues to read as follows: 

Authority: 47 U.S.C. 154, 222, 303, 309 

and 332. 

■ 6. Section 22.99 is amended by: 

■ a. Removing the definitions of ‘‘Buildout transmitters,’’ ‘‘Five year build-out 

period,’’ ‘‘Partitioned Cellular market’’, 

and ‘‘Unserved Areas’’. 

■ b. Revising the definitions of ‘‘Cellular 

Geographic Service Area,’’ ‘‘Cellular 

markets’’ and ‘‘Extension’’. 

■ c. Adding the new definitions, 

‘‘Cellular Market Area’’ and ‘‘Unserved 

Area’’. 

The additions and revisions read as 

follows: 

§ 22.99 Definitions. 

* * * * * 

Cellular Geographic Service Area 

(CGSA). The licensed geographic area 

within which a Cellular system is 

entitled to protection and adverse 

effects are recognized, for the purpose of 

determining whether a petitioner has 

standing, in the Cellular Radiotelephone 

Service, and within which the Cellular 

licensee is permitted to transmit, or 

consent to allow other Cellular licensees 

to transmit, electromagnetic energy and 

signals on the assigned channel block, 

in order to provide Cellular service. See 

§ 22.911. 

* * * * * 

Cellular Market Area (CMA). A 

standard geographic area used by the 

FCC for administrative convenience in 

the licensing of Cellular systems; a more 

recent term for ‘‘Cellular market’’ (and 

includes Metropolitan Statistical Areas 

(MSAs) and Rural Service Areas 

(RSAs)). See § 22.909. 

* * * * * 

Cellular markets. This term is 

obsolescent. See definition for ‘‘Cellular 

Market Area (CMA).’’ 

* * * * * 

Extension. In the Cellular 

Radiotelephone Service, an area within 

the service area boundary (calculated 

using the methodology of § 22.911) of a 

Cellular system but outside the licensed 

Cellular Geographic Service Area 

boundary. See §§ 22.911 and 22.912. 

* * * * * 

Unserved Area. With regard to a 

channel block allocated for assignment 

in the Cellular Radiotelephone Service: 

Geographic area in the District of 

Columbia, or any State, Territory or 

Possession of the United States of 

America that is not within any Cellular 

Geographic Service Area of any Cellular 

system authorized to transmit on that 

channel block. With regard to a channel 

allocated for assignment in the Paging 

and Radiotelephone service: Geographic 

area within the District of Columbia, or 

any State, Territory or possession of the 

United States of America that is not 

within the service contour of any base 

transmitter in any station authorized to 

transmit on that channel. 

■ 7. Section 22.131 is amended by 

revising paragraphs (c)(3)(iii) and 

(d)(2)(iv) to read as follows: 

§ 22.131 Procedures for mutually 

exclusive applications. 

* * * * * 

(c) * * * 

(3) * * * 

(iii) If all of the mutually exclusive 

applications filed on the earliest filing 

date are applications for initial 

authorization, a 30-day notice and cutoff filing group is used. 

* * * * * 

(d) * * * 

(2) * * * 


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(iv) Any application to expand the 

Cellular Geographic Service Area of an 

existing Cellular system. See § 22.911. 

* * * * * 

■ 8. Section 22.143 is amended by 

revising paragraph (a) to read as follows: 

§ 22.143 Construction prior to grant of 

application. 

* * * * * 

(a) When applicants may begin 

construction. An applicant may begin 

construction of a facility 35 days after 

the date of the Public Notice listing the 

application for that facility as acceptable 

for filing. 

* * * * * 

■ 9. Section 22.165 is amended by 

revising paragraph (e) to read as follows: 

§ 22.165 Additional transmitters for 

existing systems. 

* * * * * 

(e) Cellular Radiotelephone Service. 

The service area boundaries (SABs) of 

the additional transmitters, as 

calculated by the method set forth in 

§ 22.911(a), must not cause an 

expansion of the Cellular Geographic 

Service Area (CGSA), and must not 

extend outside the CGSA boundary into 

Unserved Area unless such extension is 

less than 130 contiguous square 

kilometers (50 contiguous square miles). 

The licensee must seek prior approval 

(using FCC Form 601) regarding any 

transmitters to be added under this 

section that would cause an expansion 

of the CGSA, or an SAB extension of 

130 contiguous square kilometers (50 

contiguous square miles) or more, into 

Unserved Area. See §§ 22.912, 22.953. 

* * * * * 

§ 22.228 [Removed] 

■ 10. Remove § 22.228. 

■ 11. Revise § 22.901 to read as follows: 

§ 22.901 Cellular service requirements and 

limitations. 

The licensee of each Cellular system 

is responsible for ensuring that its 

Cellular system operates in compliance 

with this section. Each Cellular system 

must provide either mobile service, 

fixed service, or a combination of 

mobile and fixed service, subject to the 

requirements, limitations and 

exceptions in this section. Mobile 

service provided may be of any type, 

including two-way radiotelephone, 

dispatch, one-way or two-way paging, 

and personal communications services 

(as defined in part 24 of this chapter). 

Fixed service is considered to be 

primary service, as is mobile service. 

When both mobile and fixed services 

are provided, they are considered to be 

co-primary services. In providing 

Cellular service, each Cellular system 

may incorporate any technology that 

meets all applicable technical 

requirements in this part. 

■ 12. Section 22.909 is amended by 

revising the introductory text to read as 

follows: 

§ 22.909 Cellular Market Areas (CMAs). 

Cellular Market Areas (CMAs) are 

standard geographic areas used by the 

FCC for administrative convenience in 

the licensing of Cellular systems. CMAs 

comprise Metropolitan Statistical Areas 

(MSAs) and Rural Service Areas (RSAs). 

All CMAs and the counties they 

comprise are listed in: ‘‘Common Carrier 

Public Mobile Services Information, 

Cellular MSA/RSA Markets and 

Counties,’’ Public Notice, Rep. No. CL– 

92–40, 7 FCC Rcd 742 (1992). 

* * * * * 

■ 13. Section 22.911 is amended by 

revising the introductory text of 

paragraph (a), by removing and 

reserving paragraph (c), and by revising 

paragraphs (d) and (e) to read as follows: 

§ 22.911 Cellular geographic service area. 

* * * * * 

(a) CGSA determination. The CGSA is 

the composite of the service areas of all 

of the cells in the system, excluding any 

Unserved Area (even if it is served on 

a secondary basis) or area within the 

CGSA of another Cellular system. The 

service area of a cell is the area within 

its service area boundary (SAB). The 

distance to the SAB is calculated as a 

function of effective radiated power 

(ERP) and antenna center of radiation 

height above average terrain (HAAT), 

height above sea level (HASL), or height 

above mean sea level (HAMSL). 

* * * * * 

(c) [Reserved] 

(d) Protection afforded. Cellular 

systems are entitled to protection only 

within the CGSA (as determined in 

accordance with this section) from cochannel and first-adjacent channel 

interference and from capture of 

subscriber traffic by adjacent systems on 

the same channel block. Licensees must 

cooperate in resolving co-channel and 

first-adjacent channel interference by 

changing channels used at specific cells 

or by other technical means. 

(e) Unserved Area. Unserved Area is 

area outside of all existing CGSAs on 

either of the channel blocks, to which 

the Communications Act of 1934, as 

amended, is applicable. 

■ 14. Revise § 22.912 to read as follows: 

§ 22.912 Service area boundary 

extensions. 

This section contains rules governing 

service area boundary (SAB) extensions. 

SAB extensions are areas (calculated 

using the methodology of § 22.911) that 

extend outside of the licensee’s Cellular 

Geographic Service Area (CGSA) 

boundary into Unserved Area or into the 

CGSA of a neighboring co-channel 

licensee. Service within SAB extensions 

is not protected from interference or 

capture under § 22.911(d) unless and 

until the area within the SAB extension 

becomes part of the CGSA in 

compliance with all applicable rules. 

(a) Extensions into Unserved Area. 

Subject to paragraph (c) of this section, 

the licensee of a Cellular system may, at 

any time, extend its SAB into Unserved 

Area and provide service on a secondary 

basis only, provided that the extension 

area comprises less than 130 contiguous 

square kilometers (50 contiguous square 

miles). If more than one licensee of a 

Cellular system extends into all or a 

portion of the same Unserved Area 

under this section, all such licensees 

may provide service in such Unserved 

Area on a shared secondary 

(unprotected) basis only. 

(b) Contract extensions. The licensee 

of any Cellular system may, at any time, 

enter into a contract with an applicant 

for, or a licensee of, a Cellular system 

on the same channel block to allow one 

or more SAB extensions into its CGSA 

(not into Unserved Area). 

(c) Gulf of Mexico Service Area. Landbased Cellular system licensees may not 

extend their SABs into the Gulf of 

Mexico Exclusive Zone (GMEZ) absent 

written contractual consent of the cochannel GMEZ licensee. GMEZ 

licensees may not extend their SABs 

into the CGSA of a licensee on the same 

channel block in an adjacent CMA or 

the Gulf of Mexico Coastal Zone absent 

written contractual consent of the cochannel licensee. 

§ 22.929 [Removed and Reserved] 

■ 15. Remove and reserve § 22.929. 

■ 16. Revise § 22.946 to read as follows: 

§ 22.946 Construction period for Unserved 

Area authorizations. 

The construction period applicable to 

new or modified Cellular facilities for 

which an authorization is granted 

pursuant to the Unserved Area process 

is one year, beginning on the date the 

authorization is granted. To satisfy this 

requirement, a Cellular system must be 

providing service to mobile stations 

operated by subscribers and roamers. 

The licensee must notify the FCC (FCC 

Form 601) after the requirements of this 

section are met. See § 1.946 of this 

chapter. See also § 22.949. 

§ 22.947 [Removed and Reserved] 

■ 17. Remove and reserve § 22.947. 


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72152 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Rules and Regulations 

■ 18. Revise § 22.948 to read as follows: 

§ 22.948 Geographic partitioning and 

spectrum disaggregation; spectrum 

leasing. 

Cellular licensees may apply to 

partition any portion of their licensed 

Cellular Geographic Service Area 

(CGSA) or to disaggregate their licensed 

spectrum at any time following the grant 

of their authorization(s). Parties seeking 

approval for partitioning and 

disaggregation shall request from the 

FCC an authorization for partial 

assignment of a license pursuant to 

§ 1.948 of this chapter. See also 

paragraph (d) of this section regarding 

spectrum leasing. 

(a) Partitioning, disaggregation, or 

combined partitioning and 

disaggregation. Applicants must file 

FCC Form 603 (‘‘Assignment of 

Authorization and Transfer of Control’’) 

pursuant to § 1.948 of this chapter, as 

well as GIS map files and a reduced-size 

PDF map pursuant to § 22.953 for both 

the assignor and assignee. 

(b) Field strength limit. For purposes 

of partitioning and disaggregation, 

Cellular systems must be designed so as 

to comply with § 22.983. 

(c) License term. The license term for 

a partitioned license area and for 

disaggregated spectrum will be the 

remainder of the original license term. 

(d) Spectrum leasing. Cellular 

spectrum leasing is subject to all 

applicable provisions of subpart X of 

part 1 of this chapter as well as the 

provisions of paragraph (a) of this 

section, except that applicants must file 

FCC Form 608 (‘‘Application or 

Notification for Spectrum Leasing 

Arrangement or Private Commons 

Arrangement’’), not FCC Form 603. 

■ 19. Revise § 22.949 to read as follows: 

§ 22.949 Unserved Area licensing; 

minimum coverage requirements. 

(a) The Unserved Area licensing 

process described in this section is ongoing and applications may be filed at 

any time, subject to the following 

coverage requirements: 

(1) Applicants for authority to operate 

a new Cellular system or expand an 

existing Cellular Geographic Service 

Area (CGSA) in Unserved Area must 

propose a CGSA or CGSA expansion of 

at least 130 contiguous square 

kilometers (50 contiguous square miles) 

using the methodology of § 22.911. 

(2) Applicants for authority to operate 

a new Cellular system must not propose 

coverage of water areas only (or water 

areas and uninhabited islands or reefs 

only), except for Unserved Area in the 

Gulf of Mexico Service Area. 

(b) There is no limit to the number of 

Unserved Area applications that may be 

granted on each channel block of each 

CMA that is subject to the procedures of 

this section. Consequently, Unserved 

Area applications are mutually 

exclusive only if the proposed CGSAs 

would overlap. Mutually exclusive 

applications are processed using the 

general procedures under § 22.131. 

(c) Unserved Area applications under 

this section may propose a CGSA 

covering more than one CMA. Each 

Unserved Area application must request 

authorization for only one CGSA and 

must not propose a CGSA overlap with 

an existing CGSA. 

(d) Settlements among some, but not 

all, applicants with mutually exclusive 

applications for Unserved Area (partial 

settlements) under this section are 

prohibited. Settlements among all 

applicants with mutually exclusive 

applications under this section (full 

settlements) are allowed and must be 

filed no later than the date that the FCC 

Form 175 (short-form) is filed. 

■ 20. Section 22.950 is amended by 

revising paragraphs (c) and (d) to read 

as follows: 

§ 22.950 Provision of service in the Gulf of 

Mexico Service Area (GMSA). 

* * * * * 

(c) Gulf of Mexico Exclusive Zone 

(GMEZ). GMEZ licensees have an 

exclusive right to provide Cellular 

service in the GMEZ, and may add, 

modify, or remove facilities anywhere 

within the GMEZ without prior FCC 

approval. There is no Unserved Area 

licensing procedure for the GMEZ. 

(d) Gulf of Mexico Coastal Zone 

(GMCZ). The GMCZ is subject to the 

Unserved Area licensing procedures set 

forth in § 22.949. 

§ 22.951 [Removed and Reserved] 

■ 21. Remove and reserve § 22.951. 

■ 22. Section 22.953 is revised to read 

as follows: 

§ 22.953 Content and form of applications 

for Cellular Unserved Area authorizations. 

Applications for authority to operate 

a new Cellular system or to modify an 

existing Cellular system must comply 

with the specifications in this section. 

(a) New Systems. In addition to 

information required by subpart B of 

this part and by FCC Form 601, 

applications for an Unserved Area 

authorization to operate a Cellular 

system must comply with all applicable 

requirements set forth in part 1 of this 

chapter, including the requirements 

specified in §§ 1.913, 1.923, and 1.924, 

and must include the information listed 

below. Geographical coordinates must 

be correct to ±1 second using the NAD 

83 datum. 

(1) Exhibit I—Geographic Information 

System (GIS) map files. Geographic 

Information System (GIS) map files 

must be submitted showing the entire 

proposed CGSA, the new cell sites 

(transmitting antenna locations), and the 

service area boundaries of additional 

and modified cell sites that extend into 

Unserved Area being claimed as CGSA. 

See § 22.911. The FCC will specify the 

file format required for the GIS map 

files, which are to be submitted 

electronically via the Universal 

Licensing System (ULS). 

(2) Exhibit II—Reduced-size PDF map. 

This map must be 81⁄2 x 11 inches (if 

possible, a proportional reduction of a 

1:500,000 scale map). The map must 

have a legend, a distance scale, and 

correctly labeled latitude and longitude 

lines. The map must be clear and 

legible. The map must accurately show 

the entire proposed CGSA, the new cell 

sites (transmitting antenna locations), 

the service area boundaries of additional 

and modified cell sites that extend 

beyond the CGSA, and the relevant 

portions of the CMA boundary. See 

§ 22.911. 

(3) Exhibit III—Technical Information. 

In addition, upon request by an 

applicant, licensee, or the FCC, a 

Cellular applicant or licensee of whom 

the request is made shall furnish the 

antenna type, model, the name of the 

antenna manufacturer, antenna gain in 

the maximum lobe, the beam width of 

the maximum lobe of the antenna, a 

polar plot of the horizontal gain pattern 

of the antenna, antenna height to tip 

above ground level, the height of the 

center of radiation of the antenna above 

the average terrain, the maximum 

effective radiated power, and the 

electric field polarization of the wave 

emitted by the antenna when installed 

as proposed to the requesting party 

within ten (10) days of receiving written 

notification. 

(4)–(10) [Reserved] 

(11) Additional information. The FCC 

may request information not specified 

in FCC Form 601 or in paragraphs (a)(1) 

through (a)(3) of this section as 

necessary to process an application. 

(b) Existing systems—major 

modifications. Licensees making major 

modifications pursuant to § 1.929(a) and 

(b) of this chapter must file FCC Form 

601 and comply with the requirements 

of paragraph (a) of this section. 

(c) Existing systems—minor 

modifications. Licensees making minor 

modifications pursuant to § 1.929(k) of 

this chapter, must file FCC Form 601 or 

FCC Form 603. See also § 22.169. If the 

modification involves a contract SAB 

extension into or from the Gulf of 

Mexico Exclusive Zone, it must include 


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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Rules and Regulations 72153 

a certification that the required written 

consent has been obtained. See 

§ 22.912(c). 

■ 23. Revise § 22.960 to read as follows: 

§ 22.960 Cellular operations in the 

Chambers, TX CMA (CMA672–A). 

This section applies only to Cellular 

systems operating on channel block A of 

the Chambers, Texas CMA (CMA672– 

A). 

(a) The geographic boundary of 

CMA672–A is deemed to be the Cellular 

Geographic Service Area (CGSA) 

boundary. This CGSA boundary is not 

determined using the methodology of 

§ 22.911. The licensee of CMA672–A 

may not propose an expansion of this 

CGSA into another CMA unless and 

until it meets the construction 

requirement set forth in paragraph (b)(2) 

of this section. 

(b) A licensee that holds the license 

for CMA672–A must be providing signal 

coverage and offering service as follows 

(and in applying these geographic 

construction benchmarks, the licensee is 

to count total land area): 

(1) To at least 35% of the geographic 

area of CMA672–A within four years of 

the grant of such authorization; and 

(2) To at least 70% of the geographic 

area of its license authorization by the 

end of the license term. 

(c) After it has met each of the 

requirements of paragraphs (b)(1) and 

(b)(2), respectively, of this section, the 

licensee that holds the license for 

CMA672–A must notify the FCC that it 

has met the requirement by submitting 

FCC Form 601, including GIS map files 

and other supporting documents 

showing compliance with the 

requirement. See § 1.946 of this chapter. 

See also § 22.953. 

(d) Failure to meet the construction 

requirements set forth in paragraphs 

(b)(1) and (b)(2) of this section by each 

of the applicable deadlines will result in 

automatic termination of the license for 

CMA672–A and its return to the 

Commission for future re-licensing 

subject to competitive bidding 

procedures. The licensee that fails to 

meet each requirement of this section by 

the applicable deadline set forth in 

paragraphs (b)(1) and (b)(2) shall be 

ineligible to regain the license for 

CMA672–A. 

■ 24. Add § 22.961 to read as follows: 

§ 22.961 Cellular licenses subject to 

competitive bidding. 

(a) The following applications for 

Cellular licensed area authorizations are 

subject to competitive bidding: 

(1) Mutually exclusive applications 

for Unserved Area filed after July 26, 

1993; and 

(2) Mutually exclusive applications 

for the initial authorization for 

CMA672–A (Chambers, TX). 

(b) The competitive bidding 

procedures set forth in § 22.229 and the 

general competitive bidding procedures 

set forth in subpart Q of part 1 of this 

chapter will apply. 

§ 22.969 [Removed] 

■ 25. Remove § 22.969. 

■ 26. Add § 22.983 to subpart H to read 

as follows: 

§ 22.983 Field strength limit. 

(a) Subject to paragraphs (b) and (c) of 

this section, a licensee’s predicted or 

measured median field strength limit 

must not exceed 40 dBmV/m at any 

given point along the Cellular 

Geographic Service Area (CGSA) 

boundary of a neighboring licensee on 

the same channel block, unless the 

affected licensee of the neighboring 

CGSA on the same channel block agrees 

to a different field strength. This also 

applies to CGSAs partitioned pursuant 

to § 22.948. 

(b) Gulf of Mexico Service Area. 

Notwithstanding the field strength limit 

provision set forth in paragraph (a) of 

this section, licensees in or adjacent to 

the Gulf of Mexico Exclusive Zone are 

subject to § 22.912(c) regarding service 

area boundary extensions. See 

§ 22.912(c). 

(c) Cellular licensees shall be subject 

to all applicable provisions and 

requirements of treaties and other 

international agreements between the 

United States government and the 

governments of Canada and Mexico, 

notwithstanding paragraphs (a) and (b) 

of this section. 

[FR Doc. 2014–28151 Filed 12–4–14; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–46, RM–11717, DA 14– 

1334] 

Radio Broadcasting Services; Rough 

Rock, Arizona 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: At the request of The Navajo 

Nation, the Audio Division amends the 

FM Table of Allotments, by allotting FM 

Channel 258C2 at Rough Rock, Arizona, 

as a first local Tribal Allotment and a 

first local service to the community. A 

staff engineering analysis confirms that 

Channel 258C2 can be allotted to Rough 

Rock consistent with the minimum 

distance separation requirements of the 

Commission’s Rules with the imposition 

of a site restriction 7.1 km (4.4 miles) 

southeast of the community. The 

reference coordinates are 36–21–08 NL 

and 109–49–54 WL. 

DATES: Effective December 5, 2014, and 

applicable October 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 14–46, 

adopted September 15, 2014, and 

released September 16, 2014. The full 

text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC’s Reference Information Center at 

Portals II, CY–A257, 445 12th Street 

SW., Washington, DC 20554. This 

document may also be purchased from 

the Commission’s duplicating 

contractors, Best Copy and Printing, 

Inc., 445 12th Street SW., Room CY– 

B402, Washington, DC 20554, telephone 

1–800–378–3160 or via email 

www.BCPIWEB.com. This document 

does not contain information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. The Commission will send a copy of 

the Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336 and 

339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Arizona, is amended 

by adding Rough Rock, Channel 258C2. 

[FR Doc. 2014–28589 Filed 12–4–14; 8:45 am] 

BILLING CODE 6712–01–P 


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