[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Proposed Rules]
[Pages 17349-17352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7761]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[WTB Docket No. 07-293; FCC 10-46]
Operations of Wireless Communications Services in the 2.3 GHz
Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communications Commission (Commission) seeks
comment on revising the performance requirements for the 2.3 GHz
Wireless Communications Service (WCS) band. The Commission is seeking
comment on possible revision of the performance requirements (also
known as buildout or construction requirements) for the 2.3 GHz WCS
band to ensure that that the spectrum is used intensively in the public
interest.
DATES: Interested parties may file comments on or before April 21,
2010, and reply comments on or before May 3, 2010. Written comments on
the Paperwork Reduction Act proposed information collection
requirements must be submitted by the public, Office of Management and
Budget (OMB), and other interested parties on or before June 7, 2010.
ADDRESSES: You may submit comments, identified by WTB Docket No. 07-
293, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission Web site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
E-mail: [email protected], and include the following words in
the body of the message, ``get form.'' A sample form and directions
will be sent in response.
[[Page 17350]]
Include the docket number(s) in the subject line of the message.
Mail: Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. Commercial
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743.
Hand delivery/courier: Federal Communications Commission,
Office of the Secretary, 445 12th Street, SW., Room TW-A325,
Washington, DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432. All submissions received must include the
agency name and docket numbers for this rulemaking, WT Docket No. 07-
293. All comments received will be posted without change to http://www.fcc.gov/cgb/ecfs.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Richard Arsenault at (202) 418-0920,
or e-mail at [email protected]. In addition to filing comments
with the Secretary, a copy of any comments on the Paperwork Reduction
Act information collection requirements contained herein should be
submitted to the Federal Communications Commission via e-mail to
[email protected] and to Nicholas A. Fraser, Office of Management and Budget,
via e-mail to [email protected] or via fax at 202-395-
5167.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice (Public Notice) in WT Docket No. 07-293, FCC 10-46, adopted on
March 26, 2010, and released March 29, 2010. The full text of this
document is available for inspection and copying during normal business
hours in the FCC Reference Center, 445 12th Street, SW., Room CY-A257,
Washington, DC 20554, or by downloading the text from the Commission's
website at http://www.fcc.gov/. The complete text also may be purchased
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., Portals II, 445 12th Street, Suite CY-B402, Washington, DC 20554.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
e-mail to [email protected] or calling the Consumer and Government Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This document contains modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public to comment on the
information collection requirements contained in this Public Notice as
required by the Paperwork Reduction Act of 1995, Public Law 104-13.
Public and agency comments are due June 7, 2010. 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), we
previously sought specific comment on how the Commission might
``further reduce the information collection burden for small business
concerns with fewer than 25 employees.''
Synopsis of the Public Notice
1. In December 2007, the Commission released a Notice of Proposed
Rulemaking, 73 FR 2437 (January 15, 2008) (NPRM) seeking comment on the
possible revision of certain WCS technical rules to facilitate the
coexistence of operations in the WCS band (2305-2320 MHz, 2345-2360
MHz) with operations in the adjacent Satellite Digital Audio Radio
Service (SDARS) band (2320-2345 MHz). The Commission has sought to
develop a record that would enable the provision of innovative
broadband services in the 2.3 GHz WCS band and provide licensees
increased spectrum rights. The Commission now seeks comment on the
performance requirements that would accompany such rule changes.
2. The current construction requirement for all spectrum blocks in
the 2.3 GHz WCS band is a substantial service showing at the end of the
license term. The Commission seeks comment on whether, if it alters the
technical rules for this band, it should also revise the substantial
service performance requirements. In order to aid the Commission's
consideration of alternative performance requirements for the 2.3 GHz
WCS band, the Commission requests that interested parties comment on
the following requirements and possible alternatives to the following:
For mobile and point-to-multipoint services, reliable signal
coverage to:
40% of a license area's population within 30 months; and
75% of a license area's population within 60 months.
For point-to-point services, construction and operation of point-
to-point links:
15 per million persons in a license area within 30 months;
30 per million persons in a license area within 60 months;
and,
A minimum payload capacity (megabits/second for a given
bandwidth) to ensure that the spectrum is used intensively.
3. The Commission also seeks comment on whether the Commission
should require WCS licensees to fulfill performance requirements for an
entire license area and for defined market areas therein. For Major
Economic Area (MEA) licenses, the defined market areas would be
Economic Areas (EAs), and for Regional Economic Area Grouping (REAG)
licenses, the defined market areas would be MEAs. Under this approach,
if a licensee fails to meet a performance requirement for an entire
license area or for any defined market area, its entire license would
terminate automatically. The Commission requests that interested
parties comment on the following and possible alternatives to the
following:
For mobile and point-to-multipoint services, the license area
coverage requirements of 40% and 75% as proposed above and reliable
signal coverage to:
25% of each defined market area's population within 30
months; and
50% of each defined market area's population within 60
months.
For point-to-point services, construction and operation of a
minimum number of links as proposed above, and:
A minimum number of links in defined market areas within
30 and 60 months, respectively. The Commission seeks comment on the
minimum number of links it should require for each EA within an MEA,
and for each MEA within a REAG.
4. Compliance Procedures. Consistent with Sec. 1.946(d) of the
Commission's rules, the Commission proposes that licensees demonstrate
compliance with any revised performance requirements by filing a
construction notification within 15 days of the relevant benchmark
certifying that they have met the applicable performance requirements.
Each construction notification should include electronic coverage maps
and supporting documentation, which must be truthful and accurate and
must not omit material information that is necessary for the Commission
to determine compliance with its performance requirements.
5. Electronic coverage maps must clearly and accurately depict the
[[Page 17351]]
boundaries of each license area (REAG or MEA) in the licensee's service
territory. Further, REAG maps must depict MEA boundaries, and MEA maps
must depict EA boundaries. If the licensee's signal does not provide
service to the entire license area, the map must clearly and accurately
depict the boundaries of the area or areas within each license area not
being served. Each licensee also must file supporting documentation
certifying the type of service it is providing for each REAG or MEA
within its license service territory and the type of technology it is
utilizing to provide such service. Supporting documentation must
provide the assumptions used to create the coverage maps, including the
propagation model and the signal strength necessary to provide service
with the licensee's technology.
6. The Commission envisions that when a licensee files its
construction notification package, the public will be afforded an
opportunity to review and comment on the construction notification,
including the licensee's coverage maps and the technical assumptions
used to create the maps. If the Commission determines that a licensee
has not met the applicable performance benchmarks for a license area,
the license will be deemed to have terminated automatically as of the
applicable performance benchmark deadline without further Commission
action.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
7. The Public Notice contains modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. Therefore, it contains a modified ``information
collection burden for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
B. Initial Regulatory Flexibility Analysis
9. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and requirements proposed in this Public Notice. Written
public comments are requested on this IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for
comments on the Public Notice. The Commission will send a copy of the
Public Notice, including this IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration (SBA).
Need for, and Objectives of, the Proposed Rules
10. The primary objective of the Public Notice is to consider
changes to the rules governing performance requirements (also known as
construction or buildout requirements) for the 2.3 GHz Wireless
Communications Service (WCS), which may be necessary to promote the
rapid deployment of new and innovative wireless services to the
American public. Such rule changes are needed because the Commission
may ease certain rules governing operations in the 2.3 GHz WCS band and
thereby enable the deployment of new services in the band. Thus,
appropriate performance rules for WCS are necessary to ensure that the
spectrum is rapidly developed in the public interest. In sum, the
Public Notice is intended to enhance the record on any necessary
performance requirements that would ensure WCS licensees maximize
spectrum use in the public interest.
Legal Basis for Proposed Rules
11. The proposed action is authorized under Sections 4(i), 303(r),
and 403 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(r), and 403.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
12. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' Below, is a further description and estimate
of the number of small entity licensees and regulatees that may be
affected by the performance rule changes explored in the Public Notice.
13. WCS Licensees. The Wireless Communication Service in the 2305-
2360 MHz (2.3 GHz) frequency band has flexible rules that permit
licensees in this service to provide fixed, mobile, portable, and
radiolocation services. Licensees are also permitted to provide
satellite digital audio radio services. The SBA rules establish a size
standard for ``Wireless Telecommunications Carriers,'' which
encompasses business entities engaged in radiotelephone communications
employing no more that 1,500 persons. There are currently 155 active
WCS licenses held by 10 licensees. Of these, 7 licensees qualify as
small entities and hold a total of 50 licenses.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
14. The Public Notice seeks to evaluate whether changes to the
existing performance requirements for 2.3 GHz WCS licenses may
ultimately foster more effective use of the spectrum to better meet the
needs of today's consumers. To the extent the Commission's past
decisions no longer reflect the best approach regarding performance
requirements the Public Notice seeks comment on the possibility of
making appropriate adjustments that will serve the public interest.
15. The Public Notice proposes that licensees demonstrate
compliance with any revised performance requirements by filing a
construction notification within 15 days of the relevant benchmark
certifying that they have met the applicable performance requirements.
It proposes that each construction notification should include
electronic coverage maps and supporting documentation, which must be
truthful and accurate and must not omit material information that is
necessary for the Commission to determine compliance with its
performance requirements.
16. Further, under the Public Notice's proposed compliance
procedures, electronic coverage maps must clearly and accurately depict
the boundaries of each license area (REAG or MEA) in the licensee's
service territory, with REAG maps depicting MEA boundaries, and MEA
maps depicting EA boundaries. If the licensee's signal does not provide
service to the entire license area, the Public Notice provides that the
map must clearly and accurately depict the boundaries of the area or
areas within each license area not being served. The proposed
compliance procedures direct each licensee to file supporting
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documentation certifying the type of service it is providing for each
REAG or MEA within its license service territory and the type of
technology it is utilizing to provide such service. Further, the
proposed compliance procedures would require the supporting
documentation to provide the assumptions used to create the coverage
maps, including the propagation model and the signal strength necessary
to provide service with the licensee's technology.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
17. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
18. The Public Notice specifically invites comments on a range of
potential performance requirements and invites interested parties to
suggest alternative proposals. At this time, the Commission has not
excluded any alternative proposal concerning performance requirements
from its consideration, but it would do so in this proceeding if the
record indicates that a particular proposal would have a significant
and unjustifiable adverse economic impact on small entities.
19. In the Public Notice, the Commission discusses possible
reporting requirements to ensure that spectrum is used intensively in
the public interest. In particular, the Commission is considering a
proposal to require licensees to provide additional reports
demonstrating the level of service provided to the public. However, the
Commission will not consider any alternative that would have a
significant and unjustifiable adverse economic impact on small
entities.
20. The Commission solicits any alternative proposals that would
not incur significant and unjustifiable adverse impact on small
entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
21. None.
List of Subjects in 47 CFR Part 27
Communications common carriers, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-7761 Filed 4-5-10; 8:45 am]
BILLING CODE 6712-01-P