Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use

Federal RegisterJul 10, 2023

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 25, 27, 74, 78, and 101

[GN Docket No. 22-352; FCC 23-36; FR ID 148292]

Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use

AGENCY:

Federal Communications Commission.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

In this document, the Federal Communications Commission (Commission or FCC) seeks comment on various proposed means for transitioning some or all of the 550 megahertz between 12.7-13.25 GHz (the 12.7 GHz band) to mobile broadband and other expanded use, as well as on alternative changes to the Commission's rules that could promote use of the band on a shared basis.

DATES:

Comments are due on or before August 9, 2023; reply comments are due on or before September 8, 2023. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, the Office of Management and Budget (OMB), and other interested parties on or before September 8, 2023. Written comments on the Initial Regulatory Flexibility Analysis (IRFA) in this document must have a separate and distinct heading designating them as responses to the IRFA and must be submitted by the public on or before August 9, 2023.

ADDRESSES:

Pursuant to §§ 1.415 and 1.419 of the Commission's rules (47 CFR 1.415, 1.419), interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). You may submit comments identified by GN Docket No. 22-352 by any of the following methods:

•

Electronic Filers:

Comments may be filed electronically using the internet by accessing the ECFS:

http://apps.fcc.gov/ecfs/.

•

Paper Filers:

• Parties who choose to file by paper must file an original and one copy of each filing.

• Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mall. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.

• U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.

• Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19.

See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.

People with Disabilities:

To request materials in accessible formats (braille, large print, computer diskettes, or audio recordings), please send an email to

FCC504@fcc.gov

or call the Consumer & Government Affairs Bureau at (202) 418-0530 (VOICE), (202) 418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT:

Madelaine Maior of the Wireless Telecommunications Bureau (WTB), Broadband Division, at

madelaine.maior@fcc.gov

or 202-418-1466; Simon Banyai of the Wireless Telecommunications Bureau, at

simon.banyai@fcc.gov

or (202) 418-1443; or Nick Oros of the Office of Engineering and Technology, at

nicholas.oros@fcc.gov

or (202) 418-2099. For additional information concerning the Paperwork Reduction Act proposed information requirements contained in this document, send an email to

PRA@fcc.gov

or contact Kathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:

This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM) in GN Docket No. 22-352 included in the Report and Order and Further Notice of Proposed Rulemaking and Notice of Proposed Rulemaking and Order, FCC 23-36, adopted on May 18, 2023 and released on May 19, 2023. The full text this document is available at

https://docs.fcc.gov/public/attachments/FCC-23-36A1.pdf.

The Report and Order and the Further Notice of Proposed Rulemaking (WT Docket No. 20-443), and the Notice of Proposed Rulemaking and the Order (GN Docket No. 22-352),

i.e.,

the four FCC actions in FCC 23-36, are published separately in the Rules and Regulations and the Proposed Rules sections, as applicable, in this issue of the

Federal Register

Regulatory Flexibility Act:

The Regulatory Flexibility Act of 1980, as amended (RFA), requires an agency to 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.” The Commission seeks comment on potential rule and policy changes contained in the NPRM, and accordingly, has prepared an Initial Regulatory Flexibility Analysis (IRFA). The IRFA for the NPRM in GN Docket No. 22-352 is set forth below in this document, and written public comments are requested. Comments must be filed by the deadlines for comments on the NPRM indicated under the

DATES

section of this document and must have a separate and distinct heading designating them as responses to the IRFA. The Commission reminds commenters to file in the appropriate docket: GN Docket No. 22-352 for the NPRM.

Paperwork Reduction Act:

This document may contain proposed modified information collection requirements. Therefore, the Commission seeks comment on potential new or revised information collections subject to the Paperwork Reduction Act of 1995. If the Commission adopts any new or revised information collection requirements, the Commission will publish a notice in the

Federal Register

inviting the general public and the Office of Management and Budget to comment on the information collection requirements, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4)), the Commission seeks specific comments on how it might further reduce the information collection burden for small business concerns with fewer than 25 employees.

Ex Parte Rules:

This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's

ex parte

rules. Persons making

ex parte

presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral

ex parte

presentations are reminded that memoranda summarizing the

presentation must (1) list all persons attending or otherwise participating in the meeting at which the

ex parte

presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. In proceedings governed by § 1.49(f) or for which the Commission has made available a method of electronic filing, written

ex parte

presentations and memoranda summarizing oral

ex parte

presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (

e.g.,

.doc, .xml, .ppt, searchable .pdf). Documents shown or given to Commission staff during

ex parte

meetings are deemed to be written

ex parte

presentations and must be filed consistent with § 1.1206(b). Participants in this proceeding should familiarize themselves with the Commission's

ex parte

rules.

Synopsis

I. Notice of Proposed Rulemaking in GN Docket No. 22-352

Record references and citations refer to GN Docket No. 22-352, unless otherwise noted.

A. Background

1. 12.7-13.25 GHz Band—550 megahertz

1. In the United States, the 12.7 GHz band is allocated on a primary basis for non-Federal use to Fixed Service (FS), Fixed Satellite Service (Earth-to-space), and the Mobile Service (MS).

The band is shared among Fixed Microwave Services (Fixed Service or FS—part 101), fixed and mobile Broadcast Auxiliary Services (BAS—part 74), fixed and mobile Cable Television Relay Services (CARS—part 78), and FSS—part 25.

The 12.75-13.25 GHz band has only limited Federal use. Specifically, the National Aeronautics and Space Administration (NASA) operates a receive-only earth station for its Deep Space Network (DSN) at Goldstone, California, that is authorized to receive transmissions across the entire 12.75-13.25 GHz band.

47 CFR 2.106. The international and domestic allocations are similar for the 12.75-13.25 GHz band in most respects. However, space-to-Earth transmissions are permitted at 12.7-12.75 GHz in International Telecommunication Union (ITU) Regions 1 and 3 but not in Region 2. 47 CFR 2.106, International Table. Domestically, Footnote NG52 of the U.S. Table precludes most GSO FSS systems from using the band for domestic services and limits the deployment of FSS earth stations in the band.

Id.

at n.NG52 (n.NG52 revised as 47 CFR 2.106(d)(52), at 88 FR 37318, June 7, 2023, effective July 7, 2023).

See

47 CFR part 25 (§§ 25.101-25.702), part 74 (§§ 74.600-74.690), part 78 (§§ 78.1-78.115), part 101 (§§ 101.1-101.1527).

See

47 CFR 2.106 & n.US251 (n.US251 revised as 47 CFR 2.106(c)(251), at 88 FR 37318, June 7, 2023, effective July 7, 2023).

see also

47 CFR 73.1020(a).

137

See, e.g.,

47 CFR 27.14(k) (AWS-3 licenses have a 12-year initial license terms and 10-year renewal terms), (l) (600 MHz band licenses have 12-year initial license terms and 10-year renewal terms).

6. Performance Requirements

48. The Commission establishes performance requirements to ensure that spectrum is intensely and efficiently used. The Commission has applied different performance and construction requirements to different spectrum bands based on considerations relevant to those bands.

138

The Commission continues to believe that performance requirements play a critical role in ensuring that licensed spectrum does not lie fallow.

138

See, e.g., Service Rules for Advanced Wireless Services H Block—Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz Bands,

Report and Order, 28 FCC Rcd 9483, 9558-59, para. 195 (2013) (requiring 40 percent population coverage within four years of initial grant and 75 percent population coverage within 10 years of initial grant);

see also Amendment of the Commission's Rules with Regard to Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz Bands,

Report and Order, 29 FCC Rcd 4610, 4659-60, para. 135 (2014) (requiring 40 percent population coverage within six years of initial grant and 75 percent population coverage within 12 years of initial grant);

Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions,

Report and Order, 29 FCC Rcd 6567, 6877-78, para. 764 (2014).

49. In response to the

12.7 NOI,

139

AT&T, T-Mobile, Intelsat, Ericsson and others note that the 12.7 GHz band shares many characteristics with millimeter wave (mmW) spectrum.

140

Despite these similarities, T-Mobile and Intelsat suggest that performance requirements for the 12.7 GHz band should not necessarily be similar to those that apply to the mmW spectrum, given the difficulties mmW bands have had fulfilling buildout requirements.

141

Moreover, T-Mobile suggests that the Commission carefully consider buildout requirements and allow for flexibility based on the unique needs of the spectrum being used and the geographic area being served.

142

139

See, e.g., 12.7 NOI

at *11, para. 31.

140

AT&T Comments at 1; Ericsson Comments at 8; T-Mobile Comments at 14; Intelsat Reply at 11-12.

141

T-Mobile Comments at 14-15 (citing an NTIA Study that examined outdoor propagation in the 37-40 GHz band in Boulder, Colorado); Intelsat Reply at 11; T-Mobile Reply at 4-5.

142

T-Mobile Comments at 15.

50. As with other part 27 services, the Commission proposes to adopt specific quantifiable benchmarks for different types of operations. For the 12.7 GHz band, the Commission proposes to require licensees offering mobile or point-to-multipoint services to provide reliable signal coverage and offer service to at least 30% to 45% of the population in each of their license areas within five years

143

of the license issue date (interim performance benchmark), and to at least 60% to 80% of the population in each of their license areas within ten years from the license issue date (final performance benchmark).

144

The Commission seeks comment on this proposal including the specific population coverage percentage appropriate for the interim and final benchmarks. The Commission recognizes that, relative to the recently established 3.45 GHz Service, which has buildout deadlines at years four and eight,

145

the Commission is proposing an additional year for 12.7 GHz band licensees to meet the proposed first buildout requirement and an additional two years to meet the second buildout requirement. The Commission believes this additional time is warranted given the lack of industry standards and 12.7 GHz band mobile broadband equipment. The Commission proposes licensees providing fixed point-to-point service would be required to demonstrate within five years of the license issue date (interim performance benchmark) that they have four links operating and providing service, if the population within the license area is equal to or less than 268,000. If the population within the license area is greater than 268,000, a licensee relying on point-to-point service would need to demonstrate that it has at least one link in operation and providing service, either to customers or for internal use, per every 67,000 persons within a license area. The Commission proposes to require licensees relying on point-to-point service to demonstrate within ten years of the license issue date (final performance benchmark) that they have eight links operating and providing service, either to customers or for internal use, if the population within the license area is equal to or less than 268,000. If the population within the license area is greater than 268,000, the Commission proposes to require a licensee relying on point-to-point service to demonstrate it is providing service and has at least two links in operation per every 67,000 persons within a license area.

146

143

For AWS-4, AWS H Block, and 3.45 GHz Service, the first performance benchmark is 4 years from the date of the initial license and the second performance benchmark is 8 years from the date of the initial license for AWS-4 and 3.45 GHz Service and 10 years for H Block. For services with incumbent transitions, the first performance benchmark ranges from 6 years (AWS-3, 600 MHz) to 8 years (3.7 GHz Service) from the date of the initial license, and the second performance benchmark is 12 years (AWS-3, 600 MHz, 3.7 GHz Service).

See

47 CFR 27.14(q), (r),(s),(t),(v),(w).

144

The Commission's proposals and questions comport with actions taken for other licenses taking into account the unique characteristics of the 12.7 GHz band,

e.g.,

presence of incumbents and the location of this mid-band spectrum—significantly higher than 3.7 GHz but significantly lower than mmW spectrum.

See, e.g.,

47 CFR 27.14(v)(1) (requiring a 3.7 GHz Service licensee providing mobile or point-to-multipoint service to cover 45% of population within eight years of initial grant and 80% population coverage within 12 years of initial grant); 47 CFR 27.14(w)(1)(i) (requiring a 3.45 GHz Service licensee providing mobile or point-to-point service to cover 45% of population within 4 years and 80% of population within 8 years of initial grant); 47 CFR 30.103, 30.104(a) (requiring a UMFUS licensee providing mobile or point-to-multipoint service to cover 40% of population within ten years).

145

See

47 CFR 27.14(w)(1)(i).

146

See, e.g.,

47 CFR 27.14(v)(1) (requiring a 3.7 GHz Service licensee providing point-to-point service to demonstrate within 8 years and 12 years of initial grant that they are operating four links and eight links, respectively, and providing service to customers or for internal use if the license area is equal to or less than 268,000, and if the population is greater than 268,000, that they are operating at least one link within 8 years and at least two links within 12 years and providing service to customers or for internal use per every 67,000 persons within a license area); 27.14(w)(1)(ii) (requiring a 3.45 GHz Service licensee providing point-to-point service to demonstrate within 4 years and 8 years of initial grant that they are operating four links and eight links, respectively, and providing service to customers or for internal use if the license area is equal to or less than 268,000, and if the population

is greater than 268,000, that they are operating at least one link within 4 years and at least two links within 8 years and providing service to customers or for internal use per every 67,000 persons within a license area); 47 CFR 30.103, 30.104(a) (requiring a UMFUS licensee providing point-to-point service to demonstrate within 10 years of initial grant that they are operating four links and providing service to customers or for internal use if the license area is equal to or less than 268,000, and if the population is greater than 268,000, that they are operating at least one link and providing service to customers or for internal use per every 67,000 persons within a license area).

51. The Commission also proposes alternate Internet of Things (IoT) performance requirements in order to allow for flexibility to provide services potentially less suited to a population coverage metric. Specifically, the Commission proposes that licensees providing IoT-type services would have flexibility to demonstrate that they offer geographic area coverage of at least 25% to 35% of the license area at the interim (five-year) performance benchmark, and geographic area coverage of at least 50% to 65% of the license area at the final (ten-year) performance benchmark.

147

The Commission seeks comment on this proposal including the specific geographic area coverage percentage appropriate for the interim and final benchmarks metrics appropriate in the 12.7 GHz band. Commenters should discuss the appropriate metric to accommodate such service offerings or other innovative services in the 12.7 GHz band, as well as the costs and benefits of an alternative approach. The Commission also seeks comment on whether to adopt renewal-term performance obligations.

147

See, e.g.,

47 CFR 27.14(v)(2) (requiring a 3.7 GHz Service licensee providing Internet of Things service to offer geographic area coverage of 35% of the license area within 8 years of initial grant and geographic area coverage of 65% of the license area within 12 years of initial grant); 27.14(w)(1)(iii) (requiring a 3.45 GHz Service licensee providing Internet of Things service to offer geographic area coverage of 35% of the license area within 4 years of initial grant and geographic area coverage of 65% of the license area within 8 years of initial grant); 47 CFR 30.103, 30.104(b) (requiring a UMFUS licensee providing Internet of Things or other services deployed along non-traditional lines to offer geographic area coverage of 25% of the license area within 10 years of initial grant).

52.

Compliance Procedures.

The Commission proposes that to demonstrate compliance with these performance requirements, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population or geographic area served on areas no larger than the Census Tract level. The population or area within a specific Census Tract (or other acceptable identifier) would be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population or geographic area within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. If a licensee does not provide reliable signal coverage to an entire license area, the license must provide a map that accurately depicts 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 licensed area within its service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology.

53.

Penalty for Failure to Meet Performance Requirements.

Along with performance benchmarks, the Commission proposes to adopt meaningful and enforceable penalties for failing to meet those benchmarks. The Commission proposes that, in the event a licensee fails to meet the first performance benchmark, the licensee's final benchmark and license term would be reduced by two years, thereby requiring it to meet the final performance benchmark two years sooner (at 8 years into the license term) and reducing its license term to 8 years. If a licensee fails to meet the final performance benchmark for a particular license area, its authorization for each license area in which it fails to meet the performance requirement shall terminate automatically without Commission action. The Commission seeks comment on this proposal and on which penalties will most effectively ensure timely buildout.

54. The Commission seeks comment on how, in the event a 12.7 GHz band licensee's authority to operate terminates, its spectrum rights should become available for reassignment pursuant to the licensing framework the Commission adopts for this band. The Commission also seeks comment on whether, consistent with the Commission's rules for other part 27 licenses, the Commission should require that any 12.7 GHz band flexible use licensee that forfeits its license for failure to meet its performance requirements be precluded from regaining that license. Finally, the Commission seeks comment on other performance requirements and enforcement mechanisms that would effectively ensure timely buildout.

7. Open Eligibility

55. The Commission proposes to adopt an open eligibility standard for licenses in the 12.7 GHz band, consistent with established Commission practice.

148

An open eligibility standard should encourage the development of new technologies, products, and services, while helping to ensure efficient use of this spectrum. The Commission seeks comment on this assumption. The Commission notes that an open eligibility approach would not affect citizenship, character, or other generally applicable qualifications that may apply under its rules.

149

Commenters should discuss the costs and benefits of the open eligibility proposal on competition, innovation, and investment.

148

The Commission has determined in a number of services that eligibility restrictions on licenses may be imposed only when open eligibility would pose a significant likelihood of substantial harm to competition in specific markets and when an eligibility restriction would be effective in eliminating that harm. This approach relies on market forces absent a compelling showing that regulatory intervention to exclude potential participants is necessary.

See, e.g., Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz Bands,

Report and Order and Order of Proposed Modification, 27 FCC Rcd 16102, 16193, paras. 241-42 (2012);

Service Rules for the 698-746, 747-762 and 777-792 MHz Bands,

WT Docket No. 06-150

et al.,

Second Report and Order, 22 FCC Rcd 15289, 15381, 15383-84, paras. 253, 256 (2007) (

700 MHz Second Report and Order

);

Allocations and Service Rules for the 71-76 GHz, 81-86 GHz and 92-95 GHz Bands,

WT Docket No. 02-146, Report and Order, 18 FCC Rcd 23318, 23346-47, para. 70 (2003).

149

Id.

sections 301, 308(b), 310.

8. Mutually Exclusive Applications for New Licenses

56. As discussed above, the Commission proposes to use an exclusive geographic area licensing scheme for the 12.7 GHz spectrum, which will permit the filing of mutually exclusive applications. The Commission's statutory authority to resolve mutually exclusive applications for initial licenses through a system of competitive bidding has lapsed. Accordingly, in the event the Commission determines to adopt a mutually exclusive application approach, the Commission seeks comment on how it should resolve mutually exclusive applications for new initial licenses in the 12.7 GHz band in light of the lapse in its authority to use competitive bidding. In the event that the Commission's statutory authority

with respect to auctions is restored, the Commission delegates authority to WTB and the Office of Economics and Analytics to seek comment on appropriate competitive bidding rules and procedures, consistent with prior Commission guidance.

9. Mobile Spectrum Holdings Policies

57. Spectrum is an essential input for the provision of mobile wireless services, and ensuring access to and the availability of sufficient spectrum is crucial to promoting the competition that drives innovation and investment.

150

The Commission has held that the Communications Act requires a close examination of the impact of spectrum aggregation on competition, innovation, and the efficient use of spectrum to ensure that spectrum is allocated and assigned in a manner that serves the public interest, convenience and necessity, and avoids the excessive concentration of licenses.

151

In this NPRM, the Commission seeks comment generally on whether to adopt limitations on the aggregation of spectrum holdings in the 12.7 GHz band in order to meet its statutory requirements and to ensure competitive access to the band. The Commission seeks comment on whether the technical and market characteristics of the 12.7 GHz band warrant such limitations and, if so, whether implementation of such limitations should be through the Commission's total spectrum screen, a separate screen, a limit on initial licensing, or other means, as discussed below.

152

150

Communications Marketplace Report,

GN Docket No. 22-203, Report, FCC 22-103, at 64, para. 82 (Dec. 30, 2022) (

2022 Communications Marketplace Report

);

see

NCTA May 11, 2023 Ex Parte at 2 (arguing for the importance of promoting competition through avoiding excessive concentration).

151

Policies Regarding Mobile Spectrum Holdings Expanding the Economic Innovation Opportunities of Spectrum Through Incentive Auctions,

WT Docket No. 12-269, Report and Order, 29 FCC Rcd 6133, 6137, para. 8 (2014) (

Mobile Spectrum Holdings Report and Order

152

In 2004, the Commission established its framework for case-by-case review of spectrum aggregation (and market concentration), in which it established a total spectrum screen “trigger” of approximately one-third of the total suitable and available spectrum for commercial mobile radio services.

Applications of AT&T Wireless Inc. and Cingular Wireless Corporation For Consent To Transfer Control of Licenses and Authorizations,

Memorandum Opinion and Order, 19 FCC Rcd 21522, 21525, 21568-69, paras. 4, 106-112 (2004) (

Cingular-AT&T Wireless Order

). This screen was subsequently expanded and applied to mobile telephony/broadband services.

See, e.g., Applications of Cellco Partnership d/b/a Verizon Wireless and Atlantis Holdings LLC for Consent to Transfer Control of Licenses, Authorizations, and Spectrum Manager and De Facto Transfer Leasing Arrangements,

WT Docket No. 08-95, Memorandum Opinion and Order and Declaratory Ruling, 23 FCC Rcd 17444, 17469-70, paras. 45-46 (2008). In 2008, the Commission determined that its case-by-case review would also apply to the initial licensing of spectrum acquired at auction, similar to the Commission's analysis of secondary market transactions.

Union Telephone Company and Cellco Partnership d/b/a Verizon Wireless Applications for 700 MHz Band Licenses, Auction No. 73,

Order, 23 FCC Rcd 16787, 16791-92, 16796, paras. 9, 18 (2008). In 2014, the Commission determined that it would treat as an “enhanced factor” in its case-by-case review any proposed increase in below-1-GHz spectrum holdings resulting in the acquiring entity holding approximately one-third or more of the suitable and available spectrum below 1 GHz.

Mobile Spectrum Holdings Report and Order,

29 FCC Rcd at 6233, 6240, paras. 267, 286-88. In 2016, the Commission adopted a separate mmW spectrum threshold that would apply to its case-by-case review of proposed secondary market mmW transactions.

Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al.,

GN Docket No. 14-177, Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 8014, 8081, 8083-84, paras. 184, 189 (2016) (

Spectrum Frontiers 1st R&O and FNPRM

58.

Total Spectrum Screen.

The Commission examines the suitability and availability of spectrum to determine whether particular bands should be included within the total spectrum screen.

153

Suitability is determined by whether the spectrum is capable of supporting mobile service given its physical properties and the state of equipment technology, whether the spectrum is licensed with a mobile allocation and corresponding service rules, and whether the spectrum is committed to another use that effectively precludes its use for mobile services.

154

Spectrum is considered “available” if it is “fairly certain that it will meet the criteria for suitable spectrum in the near term, an assessment that can be made at the time the spectrum is licensed or at later times after changes in technology or regulation that affect the consideration.”

155

153

Mobile Spectrum Holdings Report and Order,

29 FCC Rcd at 6169-70, paras. 71-75.

154

Mobile Spectrum Holdings Report and Order,

29 FCC Rcd at 6169, para. 71.

155

Mobile Spectrum Holdings Report and Order,

29 FCC Rcd at 6169, para. 71 (internal quotation marks omitted).

59. The Commission seeks comment on whether, for purposes of the spectrum screen, the 12.7 GHz band will be “suitable” and “available” for the provision of mobile telephony/broadband services shortly after the spectrum is assigned. To the extent the Commission finds that the 12.7 GHz band is “suitable and available,” the Commission seeks comment on whether it should include the band within its total spectrum screen or within a separate spectrum screen, such as the existing mmW threshold.

156

To that end, the Commission seeks comment on which bands are most similar in technical characteristics with the 12.7 GHz band.

157

156

See 2022 Communications Marketplace Report,

FCC 22-103, at 66, para. 85 and Fig. II.B.9.

157

See, e.g., Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al.,

Third Report and Order, Memorandum Opinion and Order, and Third Notice of Proposed Rulemaking, 33 FCC Rcd 5576, 5612, para. 96 (2018);

Facilitating Shared Use in the 3100-3550 MHz Band,

WT Docket 19-348, Second Report and Order, Order on Reconsideration, and Order of Proposed Modification, 36 FCC Rcd 5987, 6022-23, para. 102 (2021) (

3.45 GHz Second Report and Order

);

Expanding Flexible Use of the 3.7 to 4.2 GHz Band,

GN Docket No. 18-122, Report and Order and Order of Proposed Modification, 35 FCC Rcd 2343, 2382-84, paras. 85-88 (2020) (

3.7 GHz Order

60.

Initial licensing.

Should there be a limit on the amount of 12.7 GHz band spectrum held by a single entity at the licensing stage? If so, what should that limit be and why? Should the Commission consider the factors set forth in the

Mobile Spectrum Holdings Report and Order

158

in determining if a limit at the initial licensing stage is appropriate? Should the Commission's determination also be based on the extent to which competitors have opportunities to gain access to alternative bands that would serve the same purpose as the 12.7 GHz band.

159

158

Mobile Spectrum Holdings Report and Order,

29 FCC Rcd at 6192-93, paras. 143-44.

159

Mobile Spectrum Holdings Report and Order,

29 FCC Rcd at 6193, para. 144.

E. Technical Rules

1. Power Limits

61. The Commission establishes power limits for wireless services to help limit the potential for harmful interference, among operators using the same frequency bands (for example, in neighboring geographic areas) as well as among operators using adjacent bands. The determination of an appropriate power limit for a particular band is informed by the technical characteristics of the band, as well as the services expected to be deployed.

160

Thus, § 30.202 of the Commission's rules restricts the power for fixed base stations operating in connection with mobile systems to a maximum equivalent isotropic radiated power (EIRP) density of +75 dBm/100 MHz.

161

Under § 30.202, mobile stations and transportable stations are each limited to a maximum EIRP of +43 dBm and +55 dBm, respectively.

162

Since the adoption of these power limits, the Commission has seen mmW wave deployments in various parts of the USA, chiefly in urban areas.

160

See, e.g., Spectrum Frontiers 1st R&O and FNPRM,

31 FCC Rcd at 8110-12, paras. 276-80.

161

47 CFR 30.202(a).

162

Id.

§ 30.202(b), (c).

62. Setting appropriate power limits for the 12.7 GHz band requires an

understanding of what services may be deployed in the band. It is important that new technologies and feasible visions for future wireless deployments are considered so that the appropriate power limits are set to advance wireless innovation. Ericsson asserts that the characteristics of the 12.7 GHz band make it a good fit for future 6G technologies and smart-city applications, and that use of the 12.7 GHz band would complement spectrum in the 3-8 GHz range.

163

Qualcomm states the 12.7 GHz Band is ideal for the deployment of the latest 6G technological advances which will offer coverage levels only available today in the lower mid-band spectrum range; these technologies, such as Giga Multiple-Input Multiple-Output (MIMO), will overcome greater signal losses in this upper range through higher beam directionality and offer ubiquitous coverage, low latency, and high capacity.

164

Qualcomm adds that increased data rates will support innovative use cases like deeper immersion into digital and virtual worlds with boundless augmented, virtual, extended and mixed reality (AR/VR/XR/MR) applications and advanced sensing, which will allow for real-time mapping of the physical world to a digital or virtual copy.

165

Besides 6G operations, the Commission seeks comment on what other feasible new services or technologies are envisioned to be deployed in the band and whether they would require particular power level profiles.

163

Ericsson Comments at 3, 8.

164

Qualcomm Comments at 7.

165

Qualcomm Comments at 3.

63. Based on the record in response to the

12.7 NOI,

and its technical expertise, the Commission proposes to adopt the same power limits that are applied to UMFUS operations.

166

Specifically, for base stations, mobile stations, and transportable stations, the Commission proposes to adopt an EIRP limit of +75 dBm/100 MHz (or +72 dBm/50 MHz depending on the final channel size allocations), +43 dBm, and +55 dBm, respectively. The Commission believes these limits to be appropriate because, the Commission agrees with commenters that RF characteristics in this band more closely resemble mmW transmissions than lower mid-band transmissions.

167

Furthermore, the Commission agrees with commenters that higher frequencies are subject to greater signal attenuation.

168

Commenters from the terrestrial mobile wireless industry have submitted general feedback urging the Commission to establish power limits in a way that does not hinder development and innovation in this band while providing sufficient coverage for the public.

169

The Commission seeks comment on its proposed power limits for this band. If beams incorporating higher directionality are employed in this band, the Commission seeks comment on including provisions similar to § 101.145(c) to protect GSO satellites, particularly if the Commission grandfathers existing FSS operations.

166

See

47 CFR 30.202.

167

See, e.g.,

AT&T Comments at 1; Ericsson Comments at 8; T-Mobile Comments at 14; Intelsat Reply at 11-12.

168

See

CTIA Comments at 9-10 (arguing that the greater propagation loss at 12.7 GHz as compared to that at low mid-band spectrum will require even higher power levels to provide meaningful coverage range and capacity); Ericsson Comments at 2, 10; Nokia Comments at 2; Verizon Comments at 9 (“The Commission should also promote standard-power deployments and further consider power levels greater than those contained in part 27 of the Commission's rules to compensate for the higher propagation losses in this frequency range.”); CCA Reply at 1-2, (“[H]igh-powered use will provide the greatest potential for innovation and will aid the wireless industry in serving American consumers.”); CCA Reply at 5 (“For many CCA members who serve suburban and rural areas, low-power operations may be too costly because of the number of cell sites needed to provide sufficient coverage.”);

accord

5G Americas Reply at 7.

169

See, e.g.,

T-Mobile Reply at 9, 12; 5G Americas Reply at 7.

64. The Commission seeks comment on whether incumbent satellite services and new terrestrial mobile services can coexist if the latter will be subject to the power limits that the Commission proposes above. Various satellite industry interests have expressed concerns that satellite operations cannot successfully co-exist with mobile terrestrial broadband networks in the 12.7 GHz band.

170

Overall, they identify two chief sources of interference: FSS uplink transmissions can interfere with receiving terrestrial mobile stations, and aggregate emissions of high power terrestrial mobile stations can also interfere with the satellite antenna of an FSS system receiving in the band.

171

As noted above, Verizon also questions how any incipient terrestrial mobile services would coexist with a substantial number of new NGSO FSS deployments in the band.

172

CTIA asserts that coexistence is possible between new entrants and incumbent FSS, because FSS space stations will be protected based on the terrestrial service obligations contained in Radio Regulations Table 21-1, which includes a maximum equivalent isotropic radiated power (“EIRP”) of +45 dBW for a station in the fixed or mobile service.

173

The Commission agrees with CTIA that, as long as terrestrial mobile broadband operations do not exceed the power limits that the Commission proposes, they should pose no danger of exceeding any aggregate interference level at any victim receivers on satellites operating in the band, but the Commission seeks comment on this observation. Furthermore, proposed grandfathered FSS earth stations are not susceptible to harmful interference because they do not receive in this band. Nevertheless, the Commission seeks comment on whether satellite services and terrestrial mobile services can coexist with power limits of § 30.202. Is it appropriate to adopt these power limits for the 12.7 GHz band for base station, mobile station, and transportable stations? Would it be useful to limit the power terrestrial transmitters may emit toward higher elevation angles to protect satellite receivers from aggregate emissions?

170

See

Eutelsat Comments at 4-5; Hispasat Comments at 6-8; Intelsat/SES Comments at 12-14.

171

Hispasat Comments at 6.

172

Verizon Comments at 8 & n.26 (citing

SpaceX Gen2 Order,

FCC 22-91 at para. 49 (authorizing the construction, deployment, and authorization of up to 7,500 satellites in the 12.75-13.25 GHz band, among other segments));

see supra

note 77 and accompanying text.

173

EIRP power limits in ITU radio regulations Table 21-1 does not specify a reference bandwidth, so this power limit is 45dBW (75dBm) regardless of the reference bandwidth,

i.e.

any reference bandwidth may be used for the power limit. Therefore, the Commission maintains that its proposed limit of 75dBm/100MHz is at least as conservative as the ITU radio regulations power limit. For example, the ITU regulations would permit 75dBm/1MHz, which would be higher power than what the Commission proposes.

65. The Commission also received comment urging the Commission to conduct further technical studies before establishing power limits for 12.7 GHz band.

174

Nokia recommends a detailed analysis regarding the EIRP limit for flexible use in the 12.7 GHz band.

175

It states that such an analysis should consider “(1) the impact of relocating some incumbent services from the 12.7 GHz band, and a potential relaxation of maximum EIRP requirements, (2) the coexistence scenarios involving incumbent services in the 12.7 GHz band and in the lower and upper adjacent bands, and (3) receiver characteristics of incumbent users, including out-of-band receiver blocking performance.”

176

Are there other comprehensive technical studies that could shed light on the appropriate power levels for this band? What are the technical reasons that it is appropriate or not appropriate to adopt the part 30

power limits? Are there alternative power limit proposals that would serve the public interest better and what are the technical data and analysis for these reasons? Are there alternative metrics for controlling power in this band? The Commission further seeks comment on any additional considerations that should be included to provide adequate protection for services in the adjacent bands. For any alternative or additional proposals, metrics, or considerations, commenters should include technical details, including any and/or all assumptions and parameters. For example, how would the in-band requirements specified in various ITU documents, discussed above, translate to out-of-band requirements in the 12.7 GHz? Is any further information or assumptions necessary, particularly concerning out-of-band receiver blocking performance for receivers in the adjacent bands? Commenters advocating for particular technical rules to protect operations in adjacent bands, including DBS, NGSO FSS, MVDDS, active spaceborne sensors, and ARNS, should provide detailed information on the receiver, antenna, and operational characteristics for such services operating in the adjacent bands.

174

Hispasat Comments at 13-14; Nokia Comments at 6.s

175

Nokia Comments at 7-8.

176

Nokia Comments at 7-8.

2. Out-of-Band Emissions (OOBE) Limits

66. The Commission seeks comment on appropriate out-of-band emissions (OOBE) limits for base and mobile stations in the 12.7 GHz band. Section 101.111(a)(2)(i) of the Commission's rules establishes an emission limit for fixed stations operating with digital emissions in this band expressed as A = 35 + 0.8(P −50) + 10 Log10 B, where A is attenuation below the mean output power of the transmitter, B is the authorized bandwidth in megahertz, and P is the percentage by which the transmitter bandwidth is removed from the carrier frequency.

177

Under this provision, attenuation greater than 80 decibels or to an absolute power of less than −13 dBm/1MHz is not required.

178

This emission limit is defined in conducted fashion.

179

These rules are intended to support various fixed microwave technologies with conventional antenna systems.

177

47 CFR 101.111(a)(2)(i).

178

Id.

179

Id.

67. For most mobile systems, the Commission has generally required licensees to attenuate their unwanted emission power below the transmission mean power (P) by a factor of at least 43 + 10log10(P), or −13dBm/MHz for any emissions on frequencies outside the licensee's authorized spectrum.

180

These requirements take effect at the edges of the assigned frequencies (

e.g.,

channel, block, or band), and may be used as a basis for developing further requirements that relate to transmitter performance by industry standard organizations.

181

This limit is applied equally both to base stations and to mobile stations, and compliance with this limit in existing systems, where access to the RF port of the antennas is conveniently available, is based on conducted measurement of transmission power at the output of the individual RF port.

182

180

See, e.g.,

47 CFR 22.359(a), 47 CFR 27.53(a)(1)(i).

181

Id.

182

Id.

68. In response to the

12.7 NOI,

a few commenters suggest specific criteria for out-of-band emission limits. For example, 5G Americas and CTIA suggest that new broadband users should be subject to the same out-of-band emission limits that apply to the existing incumbents in the band.

183

T-Mobile and Ericsson suggest that the Commission consider adopting the same out-of-band emission limit of −13 dBm/MHz that was adopted in the Spectrum Frontiers proceedings for the Upper Microwave Flexible Use Service in the upper mmW spectrum bands.

184

T-Mobile argues that this existing out-of-band emission limit is sufficient to protect services in adjacent bands.

185

Hispasat, Oneweb, Dish, and SpaceX suggest that further analysis should be conducted to determine whether the existing out-of-band emissions limit is, in fact, sufficient to protect users in adjacent bands.

186

Due to the propagation characteristics in the 12.7 GHz band signal attenuation with distance is higher than at lower frequencies and to overcome those losses higher gain antennas are typically used, therefore the Commission believes that deployments in this band are likely to use integrated multiple element antenna arrays that have characteristics more similar to antennas in the UMFUS bands than those in the PCS and AWS bands. As such, measurement of OOBE based on conducted measurements may be challenging, as was recognized to be the case for the mmW bands.

187

In order to achieve higher antenna gain in the compact format necessary for mobile operation and beam steering necessary for base stations to track mobile devices, the Commission expects that mobile and base stations in the 12.7 GHz band, much like the mmW bands, will have tens of radiating elements with multiple power amplifiers. Recognizing the potential measurement challenges posed by having a requirement based on conducted measurements, the Commission proposes to provide flexibility for the out-of-band emission limits to be measured either using conducted power or radiated power, and the Commission seeks comment on this proposal. With lack of RF ports, the emission measurement needs to be made in radiated fashion, and the antenna gain must be characterized and subtracted from the radiated measurement if the emission limit is to be defined in conducted fashion. Ericsson suggests that in order to support adaptive antennas, either the conductive power or the total radiated power of any emission outside a licensee's frequency block shall be −13 dBm/MHz or lower.

188

183

See

CTIA Comments at 13; 5G Americas Comments at 2.

184

See

Ericsson Comments at 11; T-Mobile Comments at 14 & n.47 (citing

Use of Spectrum Bands Above 24 GHz For Mobile Radio Services,

Second Report and Order, Second Further Notice of Proposed Rulemaking, Order on Reconsideration, and Memorandum Opinion and Order, 32 FCC Rcd 10988, para. 34 (2017); Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, Fourth Report and Order, 33 FCC Rcd 12168, paras. 11-12 (2018)).

185

See

T-Mobile Reply at 10.

186

See

OneWeb Comments at 4; DISH Reply at 7; Hispasat Reply at 13; SpaceX Reply at 6.

187

Spectrum Frontiers 1st R&O and FNPRM,

31 FCC Rcd at 8117, para. 297 (discussing OOBE measurement challenges in the mmW band).

188

See

Ericsson Comments at 7.

69. In light of the discussion above, the Commission proposes to adopt a requirement that the conductive power or the total radiated power of any emission outside a licensee's frequency block shall be −13 dBm/MHz or lower and seeks comment on this proposal. The Commission seeks comment on whether a radiated emission limit of −13 dBm/MHz can be supported by transmitters operating in the 12.7 GHz band. In this NPRM, the Commission also proposes to retain a portion of the band either at the top or bottom edge of the band, or both, to accommodate re-packed mobile TV pickup operations. From the perspective of protecting services in adjacent bands from out-of-band emissions and harmful interference, does one of these alternatives offer more benefits than the others? Should the out-of-band emissions limits be different if mobile services are adjacent to incumbent TV pickup operations, as opposed to being directly adjacent to the 12.7 GHz or 13.25 GHz band edges? Should the out-of-band emissions limits be applied at the band edge between new flexible use services and BAS, or is it necessary to define out-of-band emissions limits at

the edges of the 12.7 and 13.25 GHz band, regardless of any buffer created by BAS repack bands?

70. The Commission notes that out-of-band emissions and spurious emissions characterize the overall emission performance of a transmitter, and that the measurement procedures for spurious emissions at antenna terminals and the field strength of spurious radiation are described in the Commission's rules. For bands higher than 1 GHz, for example PCS and AWS-1, compliance with the emission rule is based on a resolution bandwidth of 1 megahertz or greater, except within the first 1 megahertz.

189

In the first 1 megahertz bands immediately outside and adjacent to the channel block, a resolution bandwidth equal to at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed, provided that the measured power is integrated over the full required measurement bandwidth.

190

The Commission seeks comment on whether the Commission should apply this measurement methodology in this band; and if so, whether the 1 MHz resolution bandwidth is appropriate. Alternatively, what resolution and frequency offset should be considered to define out-of-band emissions and spurious emissions?

189

See, e.g.,

47 CFR 27.53(a)(5).

190

Id.

71. The Commission request that commenters proposing specific out-of-band emissions criteria or alternative methods of defining or measuring the out-of-band emissions provide technical analysis describing how the proposed radiated emission limits would mitigate the risk of harmful interference to operations by adjacent users. The Commission also seeks comment on protection of Federal operations in adjacent bands in section I.E.7 below (Protection of Federal Operations).

3. Field Strength Limits/Market Boundaries

72. The Commission's rules for mobile services typically define field strength limits at the market boundaries in order to prevent interference or facilitate coordination between licensees in adjacent markets. For example, the part 27 rules for the Advanced Wireless Services (AWS) specify that the predicted or measured median field strength at any location on the geographical border of a licensee's service area shall not exceed 47 dBµV/m unless the adjacent affected service area licensee(s) agree(s) to a different field strength.

191

The part 30 rules for Upper Microwave Flexible Use Service (UMFUS) specify that the predicted or measured Power Flux Density (PFD) from any Base Station operating in the 27.5-28.35 GHz band, 37-38.6 GHz band, and 38.6-40 GHz bands at any location on the geographical border of a licensee's service area shall not exceed −77.6 dBm/m2/MHz (measured at 1.5 meters above ground) unless the adjacent affected service area licensee(s) agree(s) to a different PFD.

192

The part 101 rules for the Multipoint Video and Data Distribution Service (MVDDS) in the 12.2-12.7 GHz band, directly adjacent to the band under consideration here, simply specify that licensees must coordinate their operations whenever the facilities have optical line-of-sight into other licensees' areas or are within the same geographic area.

193

While none of the commenters in response to the

12.7 NOI

suggested specific criteria for field strength limits at the market boundaries, several commenters do support an exclusive market-based licensing framework.

194

191

See

47 CFR 27.55(a)(1).

192

See

47 CFR 30.204(a).

193

See

47 CFR 101.1421(c).

194

See

CCA Reply at 4; AT&T Comments at 4; CTIA Comments at 2, 6; Ericsson Comments at 2.

73. In section I.D above (Licensing and Operating Rules) of this NPRM, the Commission proposes to establish a framework for licensing this band using exclusive market based licenses with 100 or 50 megahertz channel blocks. Since the Commission proposes to license geographic areas on an exclusive basis the Commission also proposes to establish PFD limits at the market boundaries, consistent with the approach the Commission has used in the past for similar market-based services. The Commission believes that some criteria are necessary at market boundaries to manage interference and coordination between adjacent area licensees. The Commission also believes that given the wide channel bandwidths and diversity of potential applications that might be deployed in these bands, any criteria that the Commission proposes should include a scaling factor for the bandwidth. In the Spectrum Frontiers proceeding the Commission adopted a PFD of −77.6 dBm/m2/MHz (measured at 1.5 meters above ground).

195

The Commission believes that deployments in this band are likely to use directional antennas that have characteristics more similar to those in the UMFUS bands than those in the PCS and AWS bands. Therefore, the Commission proposes to adopt a requirement that the predicted or measured Power Flux Density (PFD) from any Base Station operating in the 12.7 GHz band at any location on the geographical border of a licensee's service area shall not exceed −77.6 dBm/m2/MHz (measured at 1.5 meters above ground) unless the adjacent affected service area licensee(s) agree(s) to a different PFD. The Commission seeks comment on this proposal. The Commission seeks comment on whether a PFD at the market boundary is the appropriate metric for this band or whether there are advantages to using a different metric, such as a field strength limit, which is used for other mobile services under part 27? Is the specific PFD value the Commission proposes appropriate for this frequency band taking into consideration factors like the typical receive antenna gain and receiver characteristics? Would simple coordination criteria, such as those currently in place for the MVDDS services in the 12.2-12.7 GHz band, which require coordination for any facility that has optical line of sight to an adjacent market be more appropriate? Given the potential flexible uses of the band, would it be appropriate to have different interference protection and/or coordination criteria depending on the types of services (

e.g.,

fixed or mobile) that a licensee deploys? Commenters who propose alternative metrics or criteria or for controlling interference or facilitating coordination between licensees in adjacent markets or adjacent channels within the same market should describe their proposal in detail and support their proposal with engineering analysis.

195

See Spectrum Frontiers 1st R&O and FNPRM,

31 FCC Rcd at 8124, para. 312. The Commission notes that the final rule adopted by the

Spectrum Frontiers 1st R&O and FNPRM

listed the incorrect value of −76 dBm/m2/MHz as opposed to the −77.6 dBm/m2/MHz value referenced in the discussion of the item. For clarity, in the instant

12.7 GHz NPRM,

the Commission is proposing the −77.6 dBm/m2/MHz value.

4. Antenna Height Limits

74. The Commission proposes not to adopt limits on base station antenna height at this time because no commenters address the issue in response to the

12.7 NOI.

The Commission seeks comment on this proposal. Considering what future wireless networks are envisioned to be, are antenna height thresholds and corresponding power reductions applicable to certain part 27 bands

196

appropriate for base or fixed stations that will be used in the 12.7 GHz band to provide mobile broadband or for other expanded uses? Conversely, given

that the Commission is proposing below to control interference at license boundaries, are separate antenna height restrictions and corresponding power reductions even necessary? The Commission tentatively proposes not to adopt antenna height and power limits similar to those in its part 27 rules for certain bands. However, the Commission seeks comment on whether power limits based on antenna height are necessary and/or whether any modifications should be made to either the height thresholds or the power limits at specific heights that the Commission has proposed. The Commission also seeks comment on whether there would there be any benefit in requiring antenna downtilt for antennas above a certain height? The Commission seeks comment on this proposal, including the costs and benefits of the proposal and any alternatives. For alternative proposals, commenters should provide technical support.

196

See, e.g.,

47 CFR 27.50(b)(1)-(5), (c)(1)-(4) (power and antenna height limits set forth in Tables 1-4 of § 27.50 applicable to certain 600 MHz, 700 MHz, and 800 MHz bands), (c)(1)-(4).

5. Canada and Mexico Coordination

75. Typically, the Commission's rules provide that fixed and mobile operations are subject to international agreements with Mexico and Canada.

197

The Commission proposes to apply the same limitation to the newly established rules for the 12.7-13.25 GHz band. Until such time as any adjusted agreements between the United States, Mexico, and/or Canada can be agreed to, operations in the 12.7-13.25 GHz band must not cause harmful interference across any international borders of the United States, consistent with the terms of the agreements currently in force.

198

Currently, fixed use of the 12.7-13.25 GHz band is covered by an existing arrangement between the United States and Canada.

199

The Commission notes that further modification of the proposed rules might be necessary in order to comply with any future agreements with Canada and Mexico regarding the use of this band. The Commission seeks comment on this issue, including the costs and benefits of alternatives.

197

See e.g.,

47 CFR 27.57, 30.206, 101.147(r)(13), 101.509(d).

198

See

Agreement Concerning the Coordination and Use of Radio Frequencies Above Thirty Megacycles per Second, Ca.-U.S., Oct 24, 1962 13 UST 2418,

https://transition.fcc.gov/ib/sand/agree/files/can-nb/above30.pdf.

199

See

Agreement Concerning the Coordination and Use of Radio Frequencies Above Thirty Megacycles per Second, Ca.-U.S., Oct 24, 1962 13 UST 2418,

https://transition.fcc.gov/ib/sand/agree/files/can-nb/above30.pdf.

6. General Part 27 Rules

76. There are several additional technical rules applicable to all part 27 services, including §§ 27.51 (equipment authorization), 27.52 (RF safety), 27.54 (frequency stability), 27.56 (antennas structures; air navigation safety), and 27.63 (disturbance of AM broadcast station antenna patterns).

200

Given that the Commission proposes to designate mobile broadband and other expanded uses of the 12.7 GHz band as part 27 services, the Commission proposes to apply these general part 27 rules to all 12.7 GHz band licenses. Further, the Commission proposes to apply these rules to licensees that acquire their licenses through partitioning or disaggregation (to the extent the service rules permit such aggregation). The Commission seeks comment on its proposals, including specific costs and benefits, and ask commenters to identify any aspects of its general part 27 rules that should be modified to accommodate the particular characteristics of the 12.7 GHz band.

200

See, e.g.,

47 CFR 27.51, 27.52, 27.54, 27.56, 27.63.

7. Protection of Federal Operations

a. In-Band

77. Federal operations in the 12.7-13.25 GHz band include the Space Research Service (SRS) (space-to-Earth) and the use of commercial satellites in the FSS (Earth-to-space). The National Telecommunications and Information Administration (NTIA) filed comment in response to the

12.7 NOI

raising concerns about interference to SRS operations at Goldstone, CA ground stations and other Federal systems.

201

See

NTIA Comments at 2.

78. With respect to Goldstone, NTIA has expressed concern that ground stations maybe susceptible to interference from commercial network base stations and handheld mobile stations.

202

Per footnote US251 of the Table of Allocation, the 12.75-13.25 GHz band is also allocated to the space research (deep space) (space-to-Earth) service for reception only at Goldstone, CA (35° 20′ N, 116° 53′ W).

203

Goldstone is one of three ground station complexes around the world known as the National Aeronautics and Space Administration (NASA)'s Deep Space Network (DSN) established for commanding, tracking and monitoring the health and safety of spacecraft at many distant planetary locales. The DSN is also used to conduct powerful science investigations that examine the nature of asteroids and the interiors of planets and moons.

204

202

NTIA Comments at 2.

203

See supra

note 11 and accompanying text.

204

For details,

see 12.7 NOI

at *3, para. 6 and NASA,

What is the Deep Space Network

(Mar. 30, 2020) (NASA's Deep Space Network “is the largest and most sensitive scientific telecommunications system in the world.”),

https://www.nasa.gov/directorates/heo/scan/services/networks/deep_space_network/about.

79. Additionally, NTIA raised concerns about possible aggregate interference from a large population of terrestrial emitters to current and future commercial satellite receivers used by the DoD.

205

In light of this, NTIA suggested that the Commission consider a compatibility analysis between mobile broadband service and commercial GSO and NGSO satellites.

206

205

NTIA Comments at 2.

206

NTIA Comments at 2.

80. NTIA also raised concerns about possible interference to NASA and NSF passive radio astronomy observatories operating in the 12.7 GHz band.

207

The sites at issue include very long baseline interferometry (VLBI) stations for geodesy and astrometry high accuracy reference frames.

208

In its comments, NTIA notes that current coordination requirements exist for Green Bank Telescope within the National Radio Quiet Zone (NRQZ) for ground-based transmitters and that repurposing the 12.7 GHz band to allow terrestrial mobile broadband or other expanded use may require additional coordination zones and/or new coordination agreements and updated NRQZ coordination requirements with the changes beneficial for other U.S. radio astronomy observatories.

209

207

NTIA Comments at 2.

208

NTIA Comments at 2.

209

NTIA Comments at 2-3.

81. Recognizing the importance of these Federal operations in the band, and the need to protect them from interference, the Commission seeks comment on establishing coordination zone and/or other criteria to protect Goldstone ground stations from possible harmful interference that might be caused by mobile broadband or other expanded use intended for the 12.7-13.25 GHz band. The Commission seeks comment on how to define such a coordination zone and on what interference protection levels should apply at the edge of the coordination zone. The Commission notes that to protect Goldstone site, § 30.205 of the Commission's rules defines two coordination zones with contours `coordinates tables corresponding to 60 dBm/100 MHz EIRP and 75 dBm/100 MHz EIRP respectively. Under § 30.205, all licensees in the 37-38 GHz band located in the coordination zone must

coordinate with Federal Space Research Service (space to Earth) users of the band via the NTIA. All licensees within the zone defined by the 60 dBm/100 MHz EIRP must coordinate all operations; licensees operating within the area between the zones defined by the 60 dBm/100 MHz and 75 dBm/100 MHz EIRP must coordinate all operations if their base station EIRP is greater than 60 dBm/100 MHz or if their antenna height exceeds 100 meters above ground level; licensees operating outside the zones defined by the 75 dBm/100 MHz EIRP coordinates are not required to coordinate their operations with NTIA. Could a similar approach, based on a coordination agreement with NASA, be adopted for mobile broadband to ensure protection of the DSN?

b. Adjacent Band

82. Federal operations adjacent to the 12.7-13.25 GHz band include both military and scientific operations in the upper adjacent-band, 13.25-13.75 GHz. This

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