# Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-13500 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** July 10, 2023 - **Citation:** 88 FR 43938 ## Text 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 1 1 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). 2 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. 3 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. 4 2 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). 3 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). 4 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 infra note 11. 2. On October 28, 2022, the Commission released its 12.7 GHz Notice of Inquiry ( 12.7 NOI ) to broadly seek information on the current use of the 12.7 GHz band, how the Commission could encourage more efficient and intensive use of the band, and whether the band is suitable for mobile broadband or other expanded use. 5 In response to the 12.7 NOI, very few parties have argued that the current balance of incumbents in the 12.7 GHz band should be left unchanged and that the band should remain untouched, and a significant number argue that the band should be used for exclusive, fixed or mobile, flexible high-powered use. Accordingly, in the NPRM, the Commission seeks comment on various proposed means for transitioning some or all of the 12.7 GHz band to mobile broadband and other expanded use. The Commission also seeks comment on changes to the Commission's rules that could promote expanded use of the band on a shared basis. 5 See In the Matter of Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use, GN Docket No. 22-352, Notice of Inquiry, FCC 22-80, 2022 WL 16634851, at *1, para. 2 (Oct. 28, 2022) ( 12.7 NOI ). In the Order portion of the 12.7 NOI, the Commission extended a temporary freeze on 12.7 GHz band applications pending the outcome of GN Docket No. 22-352. Id. at *14, para. 44. When applicable, the Commission refers to the Order portion of the 12.7 NOI as the 12.7 Freeze Extension Order. B. Expanded Use of the 12.7-13.25 GHz Band 1. Repurposing for Mobile Broadband or Other Expanded Use 3. In the United States, the 12.7 GHz band is allocated on a primary basis for non-Federal use to FS, FSS (Earth-to-space), and the MS. 6 The band is shared among Fixed Microwave Services (FS—part 101), Broadcast Auxiliary Services (fixed and mobile BAS—part 74), fixed and mobile Cable Television Relay Services (CARS—part 78), and Fixed Satellite Services (FSS—part 25). 7 Based on the Commission's licensing records, these services in the 12.7 GHz band include approximately 1,846 terrestrial service call signs that authorize a total of approximately 2,070 fixed point-to-point paths, and approximately 400 licenses that authorize mobile TV pickup operations. 8 There are also 27 call signs for FSS space stations and 43 call signs for FSS earth stations. 9 Terrestrial and space services in the 12.7 GHz band are subject to prior-coordination requirements to avoid interference. 10 The 12.7 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 12.7 GHz band. 11 6 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 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). 7 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). 8 Licensing data for fixed and mobile BAS under part 74 and Fixed Microwave under part 101 is in the Universal Licensing System (ULS). Licensing data for fixed and mobile CARS is in the Cable Operations and Licensing System (COALS). These statistics are based on a review of ULS on April 26, 2023. There are also approximately 65 fixed or mobile CARS call signs in COALS. 9 FSS data are in the International Bureau Electronic Filing System (MyIBFS). These statistics are based on a review of MyIBFS on April 26, 2023. 10 See 47 CFR 25.115(a)(6)(i), 101.21(f). The administrative aspects of the coordination process are set forth in 47 CFR 101.103 for coordinating terrestrial stations with earth stations, and in 47 CFR 25.203 for coordinating earth stations with terrestrial stations. See also id. § 25.251(a). The coordination procedures specified in 47 CFR 101.103 and 25.203 are applicable for coordinating between earth stations and fixed microwave links, and the information provided during coordination is set forth in 47 CFR 25.203(c)(2) and 101.103(d)(2)(ii). 11 See 47 CFR 2.106 & n.US251 (“The band 12.75-13.25 GHz 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).”) (n.US251 revised as 47 CFR 2.106(c)(251), at 88 FR 37318, June 7, 2023, effective July 7, 2023). For additional details concerning the domestic and international allocations, see 12.7 NOI at *2-*3, paras. 4-6. For additional details on current uses, see 12.7 NOI at *2-*5, paras. 4-11 (II.B. Current uses of the 12.7-13.25 GHz (12.7 GHz) Band). 4. Given the existing incumbent uses of the band, the 12.7 NOI sought comment on two potential options for making some or all of the band available for mobile broadband and other expanded uses: (1) repurposing some or all of the band for such use with sunset of some or all incumbent services and relocation and cost-sharing requirements for new services, 12 and (2) potential sharing methods among new and incumbent services. 13 In connection with these potential options, the 12.7 NOI asked about potential licensing approaches to facilitate deployment of new mobile broadband or other expanded use of the band. 14 The 12.7 NOI also sought comment on an appropriate protection level that new operations in the 12.7 GHz band would have to provide incumbent services in the lower and upper adjacent bands. 15 The 12.7 NOI also sought comment on the costs and benefits that should be considered in deciding whether to promote new service opportunities in the band through repurposing/relocation or sharing as well as whether the Commission should consider some combination of these methods. 16 12 See 12.7 NOI at *5, *6-*9,*9-*11, paras. 12, 14-24, 25-30. 13 See 12.7 NOI at *6-*9, paras. 14-24 (III.A. Potential Methods for Sharing the Band), *9-*11, paras. 25-30 (III.B. Sunset of Incumbent Services, Relocation and Cost-Sharing for New Services). 14 See 12.7 NOI at *11-*12, paras. 31-32 (III.C. Potential Licensing Approaches, Service and Technical Rules), specifically, the Commission asked whether to assign new licenses on an exclusive-use basis, through the issuance of new geographic-area overlay licenses or consider other licensing approaches, such as non-exclusive, site-based, or a tiered approach such as that used in the Citizens Broadband Radio Service. Id. at *11, para. 31. 15 See 12.7 NOI at *12-*14, paras. 34 (describing incumbent services in 12.2-12.7 GHz band), 35-38 (describing incumbent Federal services in 13.25-13.4 GHz and 13.4-13.75 GHz bands), 39-40 (recognizing the need for services in these adjacent bands to continue providing service and seeking comment on whether provisions beyond the existing 12.7 GHz band fixed service protection levels for adjacent bands would be necessary for mobile broadband or other expanded-use operations in the 12.7 GHz band to prevent harmful interference to operations in those adjacent bands). 16 See 12.7 NOI at *5, para. 12. 5. In response to the 12.7 NOI, very few parties have argued that the current balance of incumbents in the 12.7 GHz band should be left unchanged and that the band should remain untouched. There is substantial support for repurposing these frequencies for mobile broadband or other expanded use and a significant number argue that the band should be used for exclusive, fixed or mobile, flexible high-powered use. 17 Commenters assert that the next-generation wireless technologies underpinning 5G, 5G Advanced, and 6G services will rely depend on extremely high data rates, and the reliability, low latency, and capacity that the 12.7 GHz band spectrum can provide. 18 In addition, standardization is already underway for 6G, and the 12.7 GHz band has considerable capacity and opportunity for channel reuse, making it a good fit for future 6G technologies, 19 including high-speed, low-latency, bandwidth-intensive applications, such as augmented reality (AR), virtual reality (VR), telesurgery, and robotics. 20 17 See, e.g., AT&T Comments at 4; Competitive Carriers Association Reply at 4 (CCA); CTIA Comments at 5; DISH Network Corp. Comments at 5 (DISH); Ericsson Comments at 10; Nokia Comments at 3; Qualcomm Comments at 7; T-Mobile USA, Inc. Comments at 3; U.S. Cellular Corp. Reply at 2 (UScellular); Verizon Comments at 1; 5G Americas Reply at 5; 5G for 12 GHz Coalition Comments at 3. But see EIBASS Comments at 1; Ovzon Comments at 1. Several commercial wireless interests note that more lower mid-band spectrum is needed and that the 12.7 GHz band should be viewed as a complement to lower mid-band spectrum—not a replacement. See AT&T Comments at 1; Ericsson Comments at 9; T-Mobile Comments at 14; 5G Americas Reply at 6. 18 See Ericsson Comments at 5; Qualcomm Comments at 3, 7. Qualcomm notes that next generation technology advancements such as active Antenna Systems (AAS) and Giga-MIMO will compensate for attenuation in such high frequency bands. Qualcomm Comments at 5; see also Nokia Comments at 2-3. 19 Ericsson Comments at 6, 8. 20 Consumer Technology Association Comments at 2 (CTA). 6. Accordingly, the Commission proposes to repurpose some or all of the 12.7 GHz band for mobile broadband and other expanded uses and seeks comment on this proposal. The Commission seeks comment on the economic benefits of introducing mobile broadband or other expanded use in all or part of the 12.7 GHz band. Commenters should consider the economic value of current and future use cases for each type of use, including benefits and opportunity costs to consumers and the Nation's economy overall, as well as to unserved or underserved areas and specialized market segments ( e.g., education, telemedicine, and manufacturing). Commenters should also address the benefits of international harmonization both in terms of devices and network deployments. In addition, the Commission encourages commenters to consider the economic impact on consumers and businesses in rural communities and areas that are unserved or underserved by current broadband providers, as well as any economic impact on small businesses. 7. The propagation characteristics of this frequency range will require operators to transmit at relatively high power to achieve meaningful coverage and capacity. 21 Parties that support mobile broadband use of the band argue that sharing regimes premised upon relatively low power operations would not provide the coverage needed to make investment worthwhile. 22 Nokia argues that fixed paths—both BAS/CARS, Fixed Microwave Services and Common Carrier and Operational Fixed Services (OFS)—are concentrated in major cities along the coasts and that allowing these operations to remain in the band would discourage investment in mobile broadband expansion in areas that would most benefit from it. 23 Similar to fixed point-to-point links, current mobile use of the band is limited to BAS/CARS television pickup services generally licensed to operate “over an area defined by a point-radius or other wide-area basis,” including large, densely-populated areas with higher spectrum-use demands. 24 Accordingly, parties favoring mobile deployment in the band opposed sharing with these incumbent systems. 25 Some note that sharing should be used in situations where clearing the band is not possible, which is not the case in the 12.7 GHz band, where coordination, repacking and relocation are available. 26 21 CTIA Comments at 9; Rural Wireless Association, Inc. Comments at 2-3 (RWA); Verizon Comments at 9; T-Mobile Reply at 4. 22 Ericsson states that sharing methods based on dynamic sharing are not likely to optimize usage of the spectrum, and instead “will result in lower power levels, uncertainty regarding access to the band, and limited investment and utility.” Ericsson Comments at 10. 5G Americas also argues that the Commission should relocate incumbents instead of creating a low-power sharing regime. 5G Americas Comments at 4-5. 23 Nokia Comments at 4. 24 Nokia Comments at 5. 25 See, e.g., Nokia Comments at 4-5. 26 T-Mobile Reply Comments at 6-7; Verizon Comments at 5-6. 8. The record, as well as the Commission's experience with other bands, reflects that this proposed repurposing will enable next-generation mobile and fixed broadband services in the 12.7 GHz band. AT&T, T-Mobile, Verizon, Federated Wireless, Nokia, CTIA, Celona, 5G for 12 GHz Coalition, 5G Americas, Dynamic Spectrum Alliance, CCA, and DISH, all support bringing terrestrial mobile wireless services into the 12.7 GHz band. 27 Based on the Commission's well established success in repurposing other bands for new services, such as Personal Communications Service (PCS) and Advanced Wireless Services (AWS), using exclusively assigned geographic- area licenses, 28 the Commission agrees with commenters that assigning exclusive licenses is most likely to foster the innovation necessary for an equipment ecosystem to develop in the band and best facilitate the relocation and repacking of incumbents, which in turn will accelerate deployment of mobile broadband and other expanded services in the band. 29 The Commission seeks comment on these proposals. The Commission also discusses below and seeks comment on whether limited sharing in the band among different types of services is possible. 27 See AT&T Comments at 3-4; CTA Comments at 2; CTIA Comments at 1, 6; DISH Comments at 1; Dynamic Spectrum Alliance Comments at 1-2 (DSA); Ericsson Comments at 1, 8; Federated Wireless Comments at 1; NCTA Comments at 1; Nokia Comments at 2-3; OneWeb Comments at 1; Qualcomm Inc. Comments at 6 (Qualcomm); T-Mobile Comments at 1; Verizon Comments at 1; 5G for 12 GHz Coalition Comments at 2-3; CCA Reply at 2; Celona Reply at 2-3; US Cellular Reply at 2; 5G Americas Reply at 4-5. 28 See e.g., infra note 52 and accompanying text; accord Spectrum Frontiers 1st R&O and FNPRM, 31 FCC Rcd at 8027-28, paras. 29-30, 8045-46, paras. 78-79. 29 Indeed, the majority of the interests that advocate for expanded fixed or mobile uses argue against sharing in the band and for repacking or relocation of incumbents. See, e.g., CTIA Comments at 1,7; Ericsson Comments at 11; Nokia Comments at 4-6; Qualcomm Comments at 7; T-Mobile Comments at 10-12. 5G Americas states that “the Commission should relocate incumbents to the greatest extent possible rather than apply a low-power sharing regime” and that “[r]elocation expenses should be reimbursed from the pool of auctions proceeds for relocation pursuant to a concrete deadline and should be shared by all new 12.7 GHz entrants, on a pro rata share.” See 5G Americas Reply Comments at 6-7. 9. The National Association of Broadcasters and the Society of Broadcast Engineers assert the 12.7 GHz band is generally not favored by BAS for long-distance high reliability links; however, both assert it is necessary for short distance links when no other frequencies are available due to congestion of the 2 GHz and 6 GHz bands. 30 Accordingly, although broadcaster commenters oppose relocation of mobile BAS to other frequency bands, repacking to a discrete portion of the 12.7 GHz band remains not only possible, but a favorable outcome according to broadcasters, provided they are reimbursed and are adequately protected. 31 The Commission therefore proposes to repack mobile BAS/CARS incumbents to a portion of the 12.7 GHz band. 30 National Association of Broadcasters Comments at 3 (NAB); Society of Broadcast Engineers Comments at 2-3 (SBE). 31 NAB Comments at 2; NAB Reply at 4. 10. The Commission acknowledges that some satellite industry commenters do not support opening the 12.7 GHz band to terrestrial mobile use and would instead prefer rule changes to intensify satellite use of the band in the United States. 32 Other satellite companies, however, support examining whether the band can be opened to mobile or other expanded terrestrial use, but they also note their concern that the Commission take steps to ensure that services in adjacent bands are not impacted by out-of-band emissions below 12.7 GHz. 33 Furthermore, as T-Mobile notes, satellite operators themselves recognize that there has been limited use of the 12.7 GHz band in the U.S. for satellite operations, which makes use of the band for mobile wireless operations feasible. 34 As noted by Nokia, “of the total number of GSO satellites, only eight of the 23 space stations are in the arc of 132.85 WL to 30 WL,” and “[r]egarding non-GSO satellites, the one operational system does not have any U.S. earth stations licensed in this band, another system is not operational, and a third has surrendered the Ku-band portion of the grant.” 35 Therefore, according to Nokia, “the sharing of the band with satellite service mostly refers to sharing with GSO FSS in the uplink direction (Earth-to-space),” and “[w]hile more detailed analysis taking into account the characteristics of both systems would be more conclusive, it is expected that the mobile broadband service can share the band with [existing] GSO FSS uplink with no restrictive conditions.” 36 The Commission seeks comment on its proposal that satellite systems in the band be conserved in their current state with no further expansion in FSS use in the band. 37 The Commission also seeks comment on the best method for mobile and fixed systems to share with these remaining satellite systems, while ensuring against harmful interference to such satellite incumbents. 32 Eutelsat Comments at 2-3, 5-6; Intelsat/SES May 12, 2023 Ex Parte at 2, B-1 (noting that FSS ability to operate in 12.7 GHz band is constrained by footnote NG52 of the U.S. Table of Frequency Allocations limiting use of the band to international systems); Intelsat License LLC and SES Americom, Inc. Comments at 2; Hispasat Reply at 3-4 (arguing that relocating incumbent FSS services out of the 12.7 GHz band, as suggested by certain commenters, is not a viable option because satellite operators have made significant long-term investments, considering the 15-20-year lifespan of a GSO satellite, in reliance on existing frequency allocations). 33 Kepler Communications Inc. Comments at 2-3 (Kepler); Space Exploration Holdings, LLC Comments at 3 (SpaceX); WorldVu Satellites Limited Comments at 4 (OneWeb). 34 See T-Mobile Reply at 9 (citing Eutelsat Comments at 6, OneWeb Comments at 2-3). T-Mobile adds that given the restriction on satellite use of the 12.7 GHz band due to NG52 which restricts the majority of the 12.7 GHz band in the U.S. to international systems, it would be unreasonable for satellite operators to claim a reliance interest in expanded use of the band for satellite operations. T-Mobile Reply at 9. 35 Nokia Comments at 6 citing 12.7 NOI at para. 11. 36 Nokia Comments at 6. 37 The Commission's proposal would not preclude the possibility of a new U.S.-licensed satellite that would have no visibility into the United States, as defined in the Communications Act, i.e., states, territories, and possessions. 47 U.S.C. 153. 2. Future Licensing of Incumbent Services 11. Effective September 19, 2022, the International, Public Safety and Homeland Security, Media, and Wireless Telecommunications Bureaus announced a 180-day freeze on the filing of new or modification applications for licenses or other authorizations in the 12.7 GHz band. 38 The purpose of this temporary freeze was to preserve the current landscape of authorized operations in the 12.7 GHz band pending the Commission's consideration of actions in this proceeding. 39 In light of the 12.7 NOI, the Commission extended the freeze pending the outcome of GN Docket No. 22-352. 40 Because the Commission proposes to transition most of the band to exclusively assigned geographic-area licenses for mobile broadband and other expanded uses, it proposes to revise its rules to, in essence, make the freeze permanent. Accordingly, the Commission proposes rule revisions to dismiss any new space station license applications and new requests for access to the U.S. market through non-U.S.-licensed space stations, or those parts of any such applications and requests, that seeks to operate in the 12.7 GHz band. This would not apply to new applications for space stations limited to serving earth stations outside the United States, applications for modification of existing space station authorizations, 41 relocations of existing space stations pursuant to the Commission's fleet management policy, 42 or to applications for replacement space stations. 43 The Commission proposes rule revisions to dismiss applications, or those portions of applications, received for new earth station licenses, and modifications to earth stations currently authorized, to operate in the 12.7 GHz band. This would not apply to applications for renewal or cancellation of current earth station authorizations, 44 or modifications to correct location or other data required in the earth station file. 45 The Commission also proposes rule revisions to dismiss applications received for new or major modifications to fixed microwave, fixed or mobile BAS and CARS stations to operate in the 12.7 GHz band. This change does not extend to applications for renewal, cancellation or applications to modify incumbent mobile BAS/CARS licenses to the mobile BAS/CARS repack band. The Commission seeks comment on these proposals. 38 180-Day Freeze on Applications for New or Modified Authorizations for the 12.7-13.25 GHz Band, Public Notice, DA 22-974, 2022 WL 4358635, at *1 (IB/PSHSB/MB/WTB Sept. 19, 2022). 39 Id. The Bureaus noted that the Commission or the Bureaus might extend the freeze if doing so is deemed necessary to avoid undermining the purpose of the freeze. Id. 40 See 12.7 Freeze Extension Order, FCC 22-80, at para. 44 (Commission extended freeze pending the outcome of GN Docket No. 22-352). 41 47 CFR 25.117. 42 47 CFR 25.118(e) (permitting the relocation of a GSO space station without prior authorization, but upon 30 days prior notice to the Commission and any potentially affected licensed spectrum user, provided that the operator meets specific requirements, including a requirement that the space station will be relocated to a position within ±0.15° of an orbital location assigned to the same licensee). 43 47 CFR 25.158(a)(2), 25.165(e)(1), (2). 44 47 CFR 25.121(e). 45 See generally International Bureau Addresses Accuracy of Earth Station Location Information in IBFS, Public Notice, 32 FCC Rcd 9512 (IB 2017); 47 CFR 25.117. 3. Transition of Incumbent Operations 12. In the 12.7 NOI, the Commission inquired whether any incumbent services in this band should be sunset, 46 with existing operations relocated from all or part of the band and whether new exclusive, geographic-area-licenses should be required to protect or relocate incumbent operations before the sunset date. 47 The Commission inquired whether the Emerging Technologies (ET) framework could be applied to relocation of incumbents from this band and whether the relocation procedures need to differ for one or more incumbent uses. 48 While the Commission proposes that FSS incumbents would not be subject to relocation or sunset, the Commission proposes to apply its ET procedures to relocate or repack incumbent terrestrial licensees to introduce new services into a frequency band populated by incumbent licensees. ET procedures represent a broad set of tools that the Commission uses, revises, and updates to aid the process of making spectrum available for new uses. Pursuant to these procedures, the Commission will set a “sunset date” for the terrestrial incumbents in this band—a date after which these licensees may not cause harmful interference to new band entrants. 49 Prior to the sunset date, the new entrants may not cause harmful interference to terrestrial incumbents but will be allowed to enter into mandatory negotiations with these incumbents to gain early entry into the band and, if necessary, may relocate these terrestrial incumbents to comparable facilities. 50 Because new entrants may have to relocate some of these incumbents from a larger frequency range or greater geographic area than where the new entrants will operate, the Commission may establish a companion set of cost-sharing procedures. 51 The Commission seeks comment on these proposals and asks commenters addressing them to outline how they would apply the ET framework to this band as discussed further below for each type of terrestrial incumbent. 46 The sunset is the date by which all incumbent operations cease to be protected from interference by new entrants. See, e.g., 47 CFR 27.1253(a), 101.79(a). 47 12.7 NOI at *9-*10, paras. 25-26. 48 12.7 NOI at *10, para. 26; see, e.g., Amendment of Part 2 of the Commission's Rules (47 CFR part 2) to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, Including Third Generation Wireless Systems, ET Docket No. 00-258, Ninth Report and Order and Order, 21 FCC Rcd 4473, 4484, para. 19 (2006) (requiring new entrants to relocate incumbents system-by-system rather than link-by-link due to the unique operations of incumbents' systems); Expanding Flexible Use of the 3.7 to 4.2 GHz Band, GN Docket No. 18122, Report and Order and Order of Proposed Modification, 35 FCC Rcd 2343, 2416, para. 182 (2020) ( 3.7 GHz Band Report and Order ). Some transitions were based on rules that called for negotiations when an ET licensee proposed to operate a base station before the sunset date that would interfere with an incumbent's operation. See, e.g., 47 CFR 101.69-101.81. Other transitions had relatively short sunset dates. See, e.g., 47 CFR 101.83-101.97. In the Broadcast Incentive Auction Transition and for the 3.7-4.2 GHz (3.7 GHz band) Transition, the Commission established cost catalogs for relocation expenses. See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, 29 FCC Rcd 6567, 6820, para. 619 (2014) (delegating authority to the Media Bureau “to . . . develop a final Catalog of Eligible Expenses, and make other determinations regarding eligible costs and the reimbursement process.”); see also Wireless Telecommunications Bureau Seeks Comment on Preliminary Cost Category Schedule for 3.7-4.2 GHz Band Relocation Expenses, Public Notice, 35 FCC Rcd 4440 (WTB May 2020). The D.C. Circuit has upheld the Commission's authority to require new entrants to relocate incumbent systems to comparable facilities. See, e.g., Teledesic LLC v. FCC, 275 F.3d 75, 84-87 (D.C. Cir. 2001); see also Ass'n of Public-Safety Commc'ns Officials-Int'l, Inc. v. FCC, 76 F.3d 395, 400 (D.C. Cir. 1996) (upholding elimination of an exemption for public safety incumbents from a relocation regime in which new licensees would pay all costs associated with relocating incumbents to comparable facilities). 49 The sunset is the date by which all incumbent operations cease to be protected from interference by new entrants. See, e.g., 47 CFR 27.1253(a), 101.79(a). See infra Proposed Rules in GN Docket No. 22-352, § 27.1712. Regarding protection of incumbent microwave systems prior to sunset and the trigger for relocation, the Commission seeks comments on whether the references in § 24.237(a) to TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994, (TSB10-F), and Appendix I of Subpart E of Part 24—A Procedure for Calculating PCS Signal Levels at Microwave Receivers), and § 24.237(d) Table 3 (Coordination Distance in Kilometers) need to be updated or adjusted to account for use in the 12.7 GHz band. 50 See, e.g., 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 (2020) ( 3.7 GHz Band Report and Order ), aff'd PSSI Global Services v. FCC, 983 F.3d 1 (D.C. Cir. 2020) (permitting accelerated relocation of incumbent FSS space and earth stations by new wireless entrants); Improving Public Safety Communications in the 800 MHz Band, WT Docket 00-55, Report and Order, Fifth Report and Order, Fourth Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004) (relocation of BAS, CARS, and LTTS incumbents by new, nationwide wireless entrant); Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies, ET Docket No. 92-9, First Report and Order and Third Notice of Proposed Rulemaking, 7 FCC Rcd 6886 (1992) (relocation of FS incumbents by new wireless entrants). The D.C. Circuit has upheld the Commission's authority to require new entrants to relocate incumbent systems to comparable facilities. See, e.g., Teledesic LLC v. FCC, 275 F.3d 75, 84-87 (D.C. Cir. 2001); see also Ass'n of Public Safety Communications Officials-Int'l, Inc. v. FCC, 76 F.3d 395, 400 (D.C. Cir. 1996) (upholding elimination of an exemption for public safety incumbents from a relocation regime in which new licensees would pay all costs associated with relocating incumbents to comparable facilities). 51 See Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, WT Docket No. 95-157, Notice of Proposed Rule Making, 11 FCC Rcd 1923 (1995). a. Fixed Service 13. Based on its goal of making the 12.7 GHz band available for advanced communications services, and supported by the record, the Commission proposes to revise the Commission's rules to make all incumbent point-to-point operations in the band under parts 74, 78, and 101 secondary to new mobile broadband/expanded use operations on a date certain. The Commission seeks comment on whether this sunset date should be three, five, or ten years after the first license for such new operations is issued in the band. Should the sunset date differ based on the incumbent service? Fixed microwave incumbents have a long and successful history of relocation, including clearing the 1850-1990 MHz band for Personal Communications Service (PCS) and the 2110-2200 MHz bands for Advanced Wireless Services (AWS) bands. 52 CTIA argues that most incumbent services currently operating in the 12.7 GHz band can be relocated to different media or spectrum bands without any loss of functionality. 53 For example, CTIA estimates that nearly 80 percent of the BAS licenses in the 12.7 GHz band are for fixed links that could be moved either to different fixed microwave service bands or to alternative media such as fiber. 54 52 See CTIA Comments at 7-8 & nn. 20, 21 (citing Amendment of the Commission's Rules to Establish New Personal Communications Services, GN Docket No. 90-314, Second Report and Order, 8 FCC Rcd 7700 (1993); Amendment of Part 2 of the Commission's Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, Including Third Generation Wireless Systems, Second Report and Order, 17 FCC Rcd 23193 (2002); Service Rules for Advanced Wireless Services in the 2000-2020 MHz and 2180-220 MHz Band, Report and Order and Order of Proposed Modification, 27 FCC Rcd 16102, 16214, para. 304 (2012)). 53 CTIA Comments at 7. 54 CTIA Comments at 8. 14. Verizon notes that the 12.7 GHz band “is home to approximately 1,697 Broadcast Auxiliary Service (BAS) call signs, 15 Cable Television Relay Service (CARS) licenses, and 224 call signs for part 101 licensed point-to-point microwave links.” 55 Verizon contends that “[s]uch technologies, which support public service and public safety among other functions, could be relocated (and upgraded) consistent with the Commission's longstanding Emerging Technologies principles. 56 Nokia believes that the Commission should relocate the limited number of fixed links operating in the 12.7 GHz band. 57 Ericsson states that the Commission, “[w]here possible, . . . should explore opportunities to relocate incumbents” from the 12.7 GHz band or, in certain instances, consolidate, segment, and repack certain incumbent users into a smaller portion of the band. 58 5G Americas supports the relocation of incumbents from the 12.7 GHz band “to the greatest extent possible.” 59 55 Verizon Comments at 6-7. 56 Verizon Comments at 7. 57 Nokia Comments at 4. Nokia notes that “[w]hile the nationwide number of fixed point-to-point links is limited, BAS fixed links (1,172 fixed paths) are concentrated in major cities along the coasts” and “[o]ther licensed fixed service links, such as Common Carrier and Operational Fixed Services (OFS) are concentrated in the West Coast cities and states.” Id. Nokia recommends that the Commission relocate such services to other fixed microwave bands. Id. 58 Ericsson Comments 11. 59 5G Americas Reply Comments 5. 15. The record reflects a strong consensus among parties that the Commission utilizes its Emerging Technologies policies to transition and sunset all incumbent point-to-point licenses in the band under parts 74, 78, and 101. 60 The Commission agrees that doing so will appropriately balance the operational needs of incumbents with the public interest benefits of expanded use of the spectrum. The transition of fixed links is relatively straightforward and entails the relocation of independent fixed point-to-point microwave links which can proceed link-by-link basis consistent with its Emerging Technology policies. The Commission therefore proposes to apply §§ 101.69, 101.73, and 101.75 and amend §§ 74.690 and 78.40 to govern relocation of incumbent fixed services from this band. 61 The Commission further proposes that, three, five, or ten years after the first mobile broadband/expanded use license is issued in the band, incumbent point-to-point licenses in the band would become secondary (operate on an unprotected, non-interference basis) to new licensed operations. The Commission seeks comment on this proposal including the appropriate sunset period for point-to-point licenses. 60 See, e.g., AT&T Comments at 4; CTIA Comments at 6-7; Nokia Comments at 3-5; T-Mobile Comments at 3-4; Competitive Carriers Association Reply Comments at 3; 5G Americas Reply Comments at 6-7. But see Celona Inc. Comments at 1-2 (noting that “Celona does not advocate sunsetting or relocating incumbent users, but instead supports coexisting with the incumbents through a DSMS model.”). 61 See infra Proposed Rules in GN Docket No. 22-352, 47 CFR 74.690, 78.40, 101.69, 101.173, 101.75. b. Mobile BAS/CARS 16. The Commission seeks comment on its proposal to repack incumbent mobile BAS/CARS licensees into a portion of the 12.7 GHz band to be designated for mobile BAS/CARS operations. The 12.7 GHz band has approximately 450 BAS and CARS call signs that authorize land mobile television pickup stations. These are effectively mobile news gathering technologies that operate over an area defined by a point-radius or other wide-area basis, making them the most likely to potentially interfere with or receive interference from any new mobile broadband co-channel entrants. While these land mobile pickup transmitter licensees coordinate with each other and share the spectrum among multiple licensees in any given area, 62 coordination among these incumbents and new mobile broadband or other expanded use operations is infeasible given that the former need to operate temporary fixed links or mobile transmitters anywhere in their market, often on short notice, and that the latter will be ubiquitous. For this reason, the Commission asked in the 12.7 NOI if mobile BAS/CARS operations could be relocated to a portion of the band or else to a different band or technology. 63 62 See infra Proposed Rules in GN Docket No. 22-352, 47 CFR part 74 (§§ 74.600-74.690), part 78 (§§ 78.1-78.115). 63 12.7 NOI at *14, para. 28. Ericson recognizes that mobile TV operations “could make sharing the 12.7 GHz band with new terrestrial mobile broadband services more challenging” and that “[o]pportunities to relocate incumbents or consolidate and segment the band should be prioritized,” such as “repack[ing] certain existing uses into a smaller portion of the band.” Ericsson Comments at 10-11. 17. Given the varied and widespread nature of mobile BAS (403 call signs) and mobile CARS (50 call signs) operations, Verizon encourages the Commission to propose relocating these operations from the band. 64 Nokia also urges relocation of mobile BAS/CARS operations because transmitters in the television pickup service are often licensed to operate over an area defined by a point-radius or other wide-area basis and across the entire frequency band, with large operating areas that include major cities. 65 64 Verizon Comments at 7. 65 Nokia Comments at 5. Nokia contends that “mechanisms to enable coexistence with mobile incumbents are usually more complex than in case of fixed incumbents.” Id. It also notes that “[r]estrictions on the mobile broadband deployments in such areas to allow sharing with mobile incumbents would decrease the value of the band.” Id. at 4. 18. Significantly, NAB and Scripps Broadcasting recognize that it may be possible to repack broadcaster operations in the 12.7 GHz band into a smaller segment of the band, assuming the Commission adopts rules that will fully protect those broadcaster operations from harmful interference caused by new entrants and ensure that broadcaster do not bear any costs associated with relocation. 66 SBE cautions that the relocation of mobile BAS and other incumbent broadcast operations would be impractical and expensive, because (1) there is no “clear alternative offering the flexibility necessary for mobile ENG and other broadcaster operations; and (2) “even if there were a clear alternative . . . relocation would “render broadcasters' incumbent mobile newsgathering equipment obsolete—resulting in significant costs to replace and deploy new equipment (for use in other spectrum or within a newly reserved portion of existing spectrum), and for which broadcasters' expenses would need to be compensated.” 67 As CTIA observes, in 2000 the Commission adopted rules to repack mostly mobile BAS/CARS operations, similar to those in the 12.7 GHz band, from the 1990-2110 MHz band to the 2025-2110 MHz band using more spectrally efficient equipment. 66 NAB Comments at 2, 7-8; Scripps Broadcasting Comments at 1, 5. NAB emphasizes that, any relocation of broadcasters' operations must be fully funded. NAB Reply Comments at 5; see also Scripps Broadcasting Comments at 5. Broadcasters have made significant investments in 12.7 GHz operations, and the costs of relocation may be substantial. NAB Reply at 5. Even frequency changes within the 12.7 GHz band may require antenna replacements that are costly or impractical. Id.; see also Scripps Broadcasting Reply at 5. 67 SBE Comments at 4-5. 19. The Commission proposes to repack mobile BAS/CARS incumbents into a segment of the 12.7 GHz band to be designated for mobile BAS/CARS use, and the Commission seeks comment on this proposal. The Commission proposes to retain 25 megahertz for mobile BAS/CARS operation and to repack existing operations into this dedicated band. Is 25 megahertz adequate to accommodate current mobile BAS/CARS incumbent operations in the 12.7 GHz band? If no, how much spectrum would be required for mobile BAS/CARS use after repacking? Where within the 12.7 GHz band should these repacked operations be located? Would locating the repack band at the top, bottom, or both ends of the 12.7 GHz band more effectively serve to mitigate potential interference, from new 12.7 GHz band mobile broadband or other expanded use operations, to operations in adjacent bands? Are the existing provisions that reserved 13.15-13.2125 GHz for mobile BAS/CARS inside a 50 km radius of 100 television markets relevant to this question? 68 Commenters should discuss advantages and disadvantages of different repacking options, included economic considerations. 68 See 47 CFR 2.106 note NG53, 74.602(a) note 2; 78.18(l) (note NG53 revised as 47 CFR 2.106(d)(53), at 88 FR 37318, June 7, 2023, effective July 7, 2023). See also Amendment of Part 101 of the Commission's Rules to Facilitate the Use of Microwave for Wireless Backhaul and Other Uses and to Provide Additional Flexibility to Broadcast Auxiliary Service and Operational Fixed Microwave Licensees, Report and Order (76 FR 59559 (Sept. 27, 2011)), Further Notice of Proposed Rulemaking (76 FR 59614 (Sept. 27, 2011)), and Memorandum Opinion and Order (76 FR 59559 (Sept. 27, 2011)), 26 FCC Rcd 11614, 11626 para. 24 (2011) (Commission excluded FS from 13.150-13.200 MHz nationwide because that spectrum was already reserved for TV pickup operations in 100 markets). 20. The Commission seeks comment on the typical use of this band by mobile BAS/CARS incumbent licensees. For example, is this band typically used by BAS licensees for traditional ENG type operations from a mobile pickup van or truck back to the studio or central receiver site? Or is this band used primarily for shorter more localized transmission from cameras or backpack transmitters to the ENG truck? Are there other typical uses for mobile transmitters in this band? Is equipment in this band tunable within the band? Is equipment in this band capable of scaling bandwidth to different sized channels? How intensively is this band used in practice by incumbent licensees for mobile operations compared to other BAS bands such as 2 GHz and 6 GHz? Is equipment currently being manufactured and marketed for mobile BAS/CARS operation in this band? Can new 12.7 GHz band equipment used for studio-transmitter links be reconfigured for ENG or other mobile BAS/CARS uses? 21. The Commission seeks comment on how its Emerging Technologies procedures should apply to incumbent use of non-fixed or mobile operations in the band. Whereas the transition of fixed links is relatively straightforward, in that it entails the relocation of independent fixed point-to-point microwave links, and can proceed link-by-link on an as-needed basis, the integrated nature of mobile BAS and CARS operations makes link-by-link relocation infeasible. It is further complicated by incumbent use of frequency-agile, non-fixed or mobile stations. 69 The Commission has previously required that the BAS and CARS operations be cleared from transitioning bands on a market-by-market basis before any new entrant could begin operations. 70 It may also be necessary for a new entrant to relocate more non-fixed or mobile BAS and CARS facilities than an interference analysis might indicate is technically necessary in order to meet the comparable facility requirement for relocating non-fixed or mobile BAS or CARS operations. 71 Should a new entrant therefore be obligated to relocate all incumbent non-fixed or mobile BAS and CARS operations in all affected BAS and CARS markets, including those markets where the new entrant provides partial, minimal, or even no service? The Commission seeks comment on its proposals. 69 Further, while BAS and CARS mobile operations are licensed for specific geographic markets, in some cases they operate nationwide. 70 See Amendment of Section 2.106 of the Commission's Rules to Allocate Spectrum at 2 GHz for use by the Mobile Satellite Service, ET Docket No. 95-18, Third Report and Order and Third Memorandum Opinion and Order, 18 FCC Rcd 23638, 23653-23660 paras. 29-42 (2003); Amendment of Part 2 of the Commission's Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, Including Third Generation Wireless Systems, ET Docket No. 00-258, Sixth Report and Order, Third Memorandum Opinion and Order and Fifth Memorandum Opinion and Order, 19 FCC Rcd 20720, 20746-20753 paras. 57-73 (2004) ( AWS Sixth Report and Order ); 47 CFR 74.690(e)(1), 78.40(f)(1). 71 Service Rules for Advanced Wireless Services in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz Bands, Notice of Proposed Rulemaking, 19 FCC Rcd 19263, 19285 para. 52 (2006); 47 CFR 74.690(d), 78.40(d)-(e). For example, operations of non-fixed or mobile BAS or CARS operations in an adjacent market may need to be relocated even though the new entrant does not initiate operations in that adjacent market. 22. Once incumbent mobile BAS/CARS have transitioned into a repacked band, should the Commission consider whether to allow the following to operate in some or all of the mobile BAS/CARS repack band: incumbent fixed point-to-point (PTP) BAS, or all incumbent fixed PTP (some of which may have tunable equipment) so long as such fixed PTP links would not intersect with incumbent mobile BAS/CARS authorized mobile operating areas, and new mobile BAS/CARS operations? 72 If the repack band is reserved nationwide for mobile BAS/CARS (limited to incumbents during a transition period) are there any scenarios in which the Commission should consider permitting licensed expanded-use services to operate in portions of the repack band (spectral or geographical) after the transition period? Could an automated spectrum management system at a later design date be needed in the mobile BAS/CARS repack band, or could shared access occur without the use of database managed sharing systems? 73 The Commission seeks comment on these issues. 72 See 47 CFR 101.147(a) n.34. 73 47 CFR 96.53-96.66 (Spectrum Access System for the Citizens Broadband Radio Service); id. §§ 15.713-15.715 (White space database); id. § 15.407(k) (Automated Frequency Coordination (AFC) system for 6 GHz devices). No AFC system operators have yet been designated by the Commission. c. Fixed Satellite Service 23. Space stations. As noted in its 12.7 NOI, 27 space stations' records specify use of the 12.7 GHz band with all 27 specifying downlink (space-to-Earth) in the 12.7-12.75 GHz band, 20 specifying uplink (Earth-to-space) in all or a segment of the 12.75-13.25 GHz band, and four specifying uplink (Earth-to-space) in the 12.7-12.75 GHz band and in all or a segment of the 12.75-13.25 GHz band. 74 More generally, of the total number of GSO satellites, the Commission noted in the 12.7 NOI that only eight of the 23 space stations are in orbital locations with good visibility to all or significant portions of CONUS. 75 Of the four satellite records associated with three non-geostationary orbit (NGSO) systems, the Commission noted that the one operational system does not have any U.S. earth stations licensed in this band, another system is not operational, and a third has surrendered the Ku-band portion of the grant. 76 The Commission is not proposing to sunset or to require new entrants to relocate FSS incumbents, which the Commission proposes to define as any FSS space station or earth station authorized to serve or operate in the United States in accordance with the Table of Allocations based on an application or petition for market access filed before September 19, 2022. 74 12.7 NOI at *5, para. 11. 75 Id. (Commission noted that these eight space stations are in the arc of 132.85 WL to 30 WL.) 76 Id. 24. Verizon states, however, that “the Commission's recent action to open the band to new [NGSO] satellites has substantially changed the spectral landscape, despite the goal of the freeze on processing of new applications in this frequency range.” 77 According to Verizon, “the Commission should seek further comment on how new wireless operations can coexist with the substantial number of new NGSO FSS deployments.” 78 In addition, Verizon states that “[t]o the extent FSS operations are not relocated from the band, the Commission should seek comment on how it might leverage the prior-coordination requirements for terrestrial and space services to facilitate coexistence among operations in the band.” 79 The Commission seeks comment accordingly. The Commission notes, however, that SpaceX supports the Commission's decision to explore use of the 12.7 GHz band rather than the 12.2 GHz band for terrestrial mobile broadband and other expanded use. SpaceX asserts that “[w]hile [it] is licensed for both bands, it nonetheless joins the other commenters supporting the Commission's shift in focus to the upper 12 GHz band.” 80 In any event, SpaceX's “[o]perations of [NGSO] systems in the 12.75-13.25 GHz (Earth-to-space) frequency band with earth stations in the United States are restricted to individually licensed earth stations in accordance with footnote NG57 to the U.S. Table of Frequency Allocations, 47 CFR 2.106, NG57.” 81 Additionally, SpaceX's “authorization is subject to modification to bring it into conformance with any rules or policies adopted by the Commission in the future. 82 77 Verizon Comments at 8 & n.26 (citing SpaceX Gen2 Order, FCC 22-91, 2022 WL 17413767, at *1 para. 1, *18, para. 42 (authorizing the construction, deployment, and authorization of up to 7,500 satellites (Earth-to-space) in the 12.75-13.25 GHz band, among other segments)). 78 Id. 79 See Verizon Comments at 7-8. 80 SpaceX Reply at 1. See also Letter from Kimberly M. Baum, Vice President, Spectrum Engineering & Strategy, WorldVu Satellites Limited, to Marlene H. Dortch, Secretary, FCC, GN Docket No. 22-352 et al. at 2 (filed Mar. 20, 2023) (OneWeb March 20, 2023 Ex Parte ) (“OneWeb urged closing out the 12.2-12.7 GHz proceeding and shifting the Commission's focus to the 12.7-13.25 GHz band which holds more promise for expanded terrestrial use.”). 81 SpaceX Gen2 Order, FCC 22-91 at para. 135(h) (noting that the licensing of earth stations ( i.e. filed after Sept. 19, 2022) for operations in the 12.75-13.25 GHz will be subject to filing freeze on applications for new or modified authorizations for the 12.7-13.25 GHz band.). 82 SpaceX Gen2 Order, FCC 22-91 at para. 135(hh) (stating that the “authorization is subject to modification to bring it into conformance with any rules or policies adopted by the Commission in the future. [And, that] . . . any investments made toward operations in the bands authorized [by the] Order by SpaceX in the United States assume the risk that operations may be subject to additional conditions or requirements as a result of any future Commission actions . . . [including, but not limited to] . . . any conditions or requirements resulting from any action in the proceedings associated with . . . GN Docket 22-352 . . .”). 25. Earth stations. As noted in the 12.7 NOI, 27 locations are associated with 43 incumbent earth stations. 83 There are eight earth station authorizations for ESIM or temporary fixed operations that do not specify a specific set of geographic coordinates. 84 Of the 35 remaining earth stations, there are eight instances of co-location with other earth stations, resulting in the 27 locations. 85 A majority (23) of those Earth stations are authorized for uplink transmission (Earth-to-space) in the 12.7 GHz band. 86 Additionally, 20 earth stations are authorized for downlink reception (space-to-Earth) in the lower 50 megahertz of the band ( i.e., 12.7-12.75 GHz), in many instances together with other frequencies in the lower-adjacent Ku-band. 87 The Commission also noted that, for FSS operations, downlink earth stations are more likely to suffer harmful interference from terrestrial systems than uplink earth stations (where the victim receiver is at the space station far from the terrestrial systems). 88 83 See 12.7 NOI at *5, para. 11. 84 Id. An ESIM is operated by remote control from a ground-based network and monitoring center that is specified in the authorization. See 47 CFR 25.271. “Of the 20 earth station authorizations for uplink [sic] (space-to-Earth) in the 12.7-12.75 GHz band, eight are for Earth Stations in Motion (ESIMs) and may or may not involve operations in these frequencies in the United States.” 12.7 NOI at n.28 (the 20 earth stations, and therefore the eight indicated for ESIM have a “downlink” designation.). 85 See 12.7 NOI at *5, para. 11. In addition, the Department of Defense (DoD) leases commercial satellite services in the 12.7-13.25 GHz band as end users. Id. 86 See 12.7 NOI at *5, para. 11. 87 See 12.7 NOI at *5, para. 11. 88 12.7 NOI at *10, para. 28. 26. The Commission proposes to grandfather the 23 incumbent earth stations in the 12.75-13.25 GHz band that operate in accordance with the United States and ITU's band allocation for Region 2 by operating earth-to-space. No additional earth stations would be authorized in the 12.7 GHz band. The Commission proposes that non-conforming incumbent Earth stations that operate by receiving in the space-to-Earth direction in 12.7-12.75 GHz in the United States may continue on a non-interference basis and have no right to protection from harmful interference. 89 The Commission seeks comment on potential international implications of its proposal. 89 See Application of Fugro-Chance, Inc., Order and Authorization, 10 FCC Rcd 2860, 2860, para. 2 (IB 1995) (stating that a waiver of § 2.106—the U.S. Table of Frequency Allocations—is appropriate “when there is little potential for interference into any service authorized under the Table of Frequency Allocations and when the non-conforming operator accepts any interference from authorized services”). d. Incumbent Status—Licensing Data 27. The Commission proposes to define incumbent operations entitled to protection or relocation (until the sunset date), or for grandfathered status, based on the facilities authorized in the Commission licensing records. 90 In the Order, see FCC 23-36, paras. 143-147 (FR 2023-13502), published elsewhere in this issue of the Federal Register , the Commission directs fixed and mobile BAS and CARS licensees under parts 74 and 78, for each of their authorizations to use the 12.7 GHz band, to certify the accuracy of all information reflected on each license, including whether the facilities are operating as authorized. If a licensee is unable to make such a certification for a given license, it must cancel or modify the license in accordance with the Commission's rules. For BAS and CARS licenses, the Commission proposes to limit eligibility for incumbent status in the 12.7 GHz band to those licenses for which the licensee has timely filed the certification required in the Order in ULS or COALS, respectively. 90 Licensing data for fixed and mobile BAS under part 74 and Fixed Microwave under part 101 is in ULS. Licensing data for fixed and mobile CARS is in COALS. Licensing data for FSS stations is in MyIBFS. 28. Although the Commission does not require other incumbents to provide additional information on their existing operations at this time, in the Order the Commission directs the Bureaus, in coordination with the Office of Economics and Analytics (OEA), to consider whether additional information should be collected from some or all 12.7 GHz band incumbents. In the event that additional information is required from incumbents, the Commission proposes to limit eligibility for incumbent status to those incumbents that file such required certifications or data. Because the Commission proposed to use these licensing data to inform its deliberations regarding the future use of the 12.7 GHz band, including possible interference avoidance coordination or relocation of facilities, or grandfathered status that could require future licensees to accept harmful interference from existing operations, the Commission encourages all licensees to timely submit their data and to update their information in the event of a change in any of the operational parameters. e. Cost-Sharing 29. When the Commission adopts a transition plan that involves the relocation of incumbents, new entrants sometimes have to relocate an incumbent from a larger frequency range or greater geographic area than where the new entrant will operate, thereby clearing the incumbent for the benefit of others. In such cases, the Commission has often developed cost sharing requirements, so that all licensees that derive a benefit from a relocation action share the responsibility for the costs of that relocation, regardless of whether they are the first to deploy their system or deploy their systems after other licensees have already deployed and incurred spectrum-clearing costs. 91 The Commission seeks comment on whether it should adopt cost-sharing procedures applicable to the relocation of incumbents in the 12.7 GHz band. If so, how should the Commission apportion the expenses of a relocation among those new entrants that benefit from the relocation? What type of formula should be applied? Would that formula differ for the reimbursement of relocated fixed microwave services and non-fixed or mobile BAS and CARS operations? If so, how would it differ, and why? For example, if the Commission was to impose an obligation on a new entrant to relocate all non-fixed and mobile BAS and CARS on a market-by-market basis prior to commencing operations, should it obligate all new entrants that are licensed to operate in a cleared market to pay a pro rata share of those costs? 92 What type of test should determine whether a new entrant has triggered a cost-sharing obligation for a relocated microwave link or one or more repacked mobile BAS/CARS systems authorized in any part of a new entrant's licensed area? For example, the Commission adopted a Proximity Threshold Test to determine whether an AWS licensee triggered a cost-sharing obligation for relocated microwave links. 93 If the Commission was to adopt a similar Proximity Threshold Test here, how would the input data in § 27.1168(a)(3)(i) differ to reflect the higher band of microwave operations in the 12.7 GHz band? 91 3.7 GHz Band Report and Order, 35 FCC Rcd at 2445, para. 250; 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, WT Docket No. 12-357, Report and Order, 28 FCC Rcd 9483, 9548, para. 167 (2013); Amendment of Part 2 of the Commission's Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to Support the Introduction of New Advanced Wireless Services, Including Third Generation Wireless Systems, ET Docket No. 00-258, Ninth Report and Order and Order, 21 FCC Rcd 4473, 4478, para. 8 (2006); Amendment to the Commission's Rules Regarding a Plan for Sharing the Costs of Microwave Relocation, WT Docket No. 95-157, Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 13999, 14004, para. 10 (2000). 92 See AWS Sixth Report and Order, 19 FCC Rcd at 20753 paras. 72-73 (stating the first entrant may seek reimbursement from subsequently entering licensees for a proportional share of the first entrant's costs in clearing BAS spectrum, on a pro rata basis according to the amount of spectrum each licensee is assigned); Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55, Fifth Report and Order, Eleventh Report and Order, Sixth Report and Order, and Declaratory Ruling, 25 FCC Rcd 13874, 13893 para. 42 (2010) ( 800 MHz Fifth Report and Order ) (stating that an AWS entrant will “enter the band” on the date that the grant of its long-form application becomes a final action and any AWS entrant that enters the band prior to the sunset date will be required to reimburse an entrant that has relocated BAS incumbents a pro rata share of the relocation costs). 93 47 CFR 27.1168. In comparison, the Commission determined that an AWS licensee triggered a reimbursement obligation for relocated BAS operations in the 2 GHz band upon grant of its long-form application. See 800 MHz Fifth Report and Order, 25 FCC Rcd at 13893, para. 42 (stating that an AWS entrant will “enter the band” on the date that the grant of its long-form application becomes a final action). 30. Would there be a need to designate one or more clearinghouses to administer the cost-sharing plan and calculate the amount of each beneficiary's reimbursement obligation in accordance with any formula that would be set forth in the Commission's rules? 94 Are there opportunities to incentivize the relocation of some or all types of incumbents on an accelerated basis? 95 Would some form of the accelerated relocation payment approach such as was used for the 3.7-4.2 GHz band (3.7 GHz band) be appropriate to accelerate clearing some or all incumbent services out of some or all of the 12.7 GHz band? 96 94 A cost-sharing clearinghouse is a third-party that is typically designated by the Wireless Telecommunications Bureau pursuant to delegated authority. See Expanding Flexible Use of the 3.7 to 4.2 GHz Band, GN Docket 18-22, Public Notice, 35 FCC Rcd 11859 (WTB 2020); Wireless Telecommunications Bureau Designates Clearinghouses That Will Administer the 2 GHz PCS Relocation Cost-Sharing Plan, DA 96-1522, Public Notice, 11 FCC Rcd 10634 (WTB 1996); see also Wireless Telecommunications Bureau Finds CTIA and PCIA Qualified to Administer the Cost-Sharing Plan for Licensees in the 2.1 GHz Bands, WT Docket 02-353, Public Notice, 21 FCC Rcd 11265 (WTB 2006). 95 Based on the unique record presented for the 3.7 GHz band, the Commission adopted two Accelerated Relocation Deadlines—a one year Phase I deadline and a three-year Phase II deadline—“for incumbent space station operators that voluntarily relocate on an accelerated schedule (with additional obligations and incentives for such operators).” 3.7 GHz Band Report and Order, 35 FCC Rcd at 2413, para. 168. 96 See id. at 2413-14, paras. 168-72 (accelerated relocation). C. Alternative Approaches for Sharing the Band 31. Here the Commission explores the second alternative option raised in the 12.7 NOI for making the 12.7 GHz band available for mobile broadband and other expanded use: implementation of certain sharing methodologies among incumbents and new entrants. In the 12.7 NOI, the Commission sought detailed proposals for promoting coexistence or sharing between potential new terrestrial mobile broadband or other expanded use and existing incumbent licensees in the 12.7 GHz band, rather than sunsetting or relocating incumbents, or repacking of the band. 97 The Commission also sought comment on sharing methodologies such as static or dynamic sharing, using a database or spectrum management system, adopting a nonexclusive licensing system, or application of long-term sensing technology. 98 The Commission noted that, while an automated spectrum management systems have been proven to be effective for devices in the part 96 Citizens Broadband Radio Service (CBRS), for part 15 white space devices, and for 6 GHz unlicensed devices, there are several important differences between them. 99 Under the white space and 6 GHz unlicensed rules, devices must query a database system for a list of available frequencies and permissible operating power on a periodic basis, e.g., once per hour or once per day, and a device may select any available operating frequency and permissible power level from a list provided by the database. 100 The CBRS Spectrum Access Systems (SAS) have greater interactivity with managed devices and may require devices to change frequency or power level or to cease operation within 60 seconds as necessary to prevent interference to incumbent services or devices with a higher spectrum access priority. 101 The sharing methods that have been proven for white space devices and CBRS, in conjunction with new or developing sharing technologies, may be used in the 12.7-13.25 GHz band to maximize the use of spectrum. 97 12.7 NOI at *6, para. 14. 98 Id. at *6-*8, paras. 16-21. 99 Id. at *7, para. 17. 100 Id. at *7, para. 17 (citing 47 CFR 15.711(h)(1)-(2), 15.407(k)(8)(iv)). While the D.C. Circuit did remand a portion of the 6 GHz Report and Order to the Commission for further discussion, this limited remand concerned a commenter's arguments regarding unlicensed devices operating without a spectrum management system rather than higher powered devices controlled by the 6 GHz band automated frequency coordination (AFC) system. See Unlicensed Use of the 6 GHz Band, ET Docket No. 18-295, Report and Order and Further Notice of Proposed Rulemaking, 35 FCC Rcd 3852 (2020), aff'd in part and remanded in part, AT&T Servs. Inc., v. FCC, 21 F.4th 841, 853-54 (D.C. Cir. 2021). 101 12.7 NOI at *7, para. 17 (citing 47 CFR 96.39(c)(2)). Relative to such sharing approaches, the Commission also seeks comments on whether any third-party entity that manages, coordinates, or facilitates use of devices by those who are not individually licensed should be required to collect and maintain data documenting operation of devices, including the identity of those persons or entities operating such devices. If so, how long should this data should be retained and made available to the Commission upon request? 32. Federated Wireless proposes a Dynamic Spectrum Management System (DSMS) as an effective and efficient way to maximize the use of the 12.7 GHz band, with new and innovative uses of spectrum, while protecting incumbent operations. 102 The DSMS would operate by acquiring information about the incumbent's spectrum use by several methods such as querying a database like the Universal Licensing System (ULS), receiving notifications through an automated portal system, sensing incumbent use, or a combination of two or more of these methods. 103 Federated Wireless also proposes that the Commission adopt a multi-tiered licensing framework in the 12.7 GHz band, similar to the three-tiered regulatory framework used by the SAS in the CBRS band. 104 The three-tier regulatory framework used by the CBRS band enables different classes of users while providing interference protection to incumbents in the 3550-3700 MHz band. 105 Other commenters, such as the Dynamic Spectrum Alliance, NCTA, and the Open Technology Institute and Public Knowledge, all support adopting a shared-licensing framework, emphasizing the benefits that have been achieved in the TV White Space, CBRS, and 6 GHz band. 106 102 Federated Wireless Comments at 2. 103 Federated Wireless Comments at 3. 104 Federated Wireless Comments at 5. 105 See 47 CFR 96.11(a). 106 DSA Comments at 2; NCTA Comments at 4; Open Technology Institute and Public Knowledge Comments at 8 (OTI & PK). 33. The Society of Broadcast Engineers claims that neither an database-driven spectrum management system nor a spectrum-sensing approach to spectrum sharing will provide adequate protection for electronic news-gathering operations in the band. 107 It adds that spectrum sensing is unable to detect the one-way transmission equipment used in mobile newsgathering, and database-driven systems like the an automated frequency coordination system will not precisely capture mobile BAS operations, which by definition do not have a fixed location found in any database. 108 In its comments, Verizon discourages the use of new and complex dynamic sharing methods or database coordination requirements that may limit investments and complicate new mobile broadband deployments into the 12.7 GHz band. 109 Instead, it recommends the use of an exclusive-use, flexible-rights licensing framework, as well as coordination, repacking, and relocation that is better suited for incumbent operations. 110 107 SBE Comments at 5. 108 SBE Comments at 5. 109 Verizon Comments at 1-2, 5-6. 110 Verizon Comments at 6. 34. The Commission seeks comment on using an automated spectrum management system such as the automated frequency coordination (AFC) systems used in the 6 GHz band or spectrum access systems used in CBRS as a method to enable spectrum sharing in the 12.7 GHz band as an alternative to relocating incumbents or repacking the band. To determine whether a new mobile broadband device can operate at a particular location on a given frequency, the device would be required to obtain either a list of permissible frequencies from an automated spectrum management system prior to transmitting or a list of prohibited frequencies on which it cannot transmit. The Commission envisions the automated spectrum management system to be a database that is simple to implement. The Commission seeks comment on this alternative proposal. What capabilities should be incorporated into the automated spectrum management system? Should it use a centralized model where all data and computations are done in a central location? In this case, the device would establish a connection with the automated spectrum management system, provide its location and technical details, and the automated spectrum management system will communicate the list of permissible frequencies (or a list of prohibited frequencies) back to the device. Or should the automated spectrum management system's architecture be de-centralized where the device maintains a local database of incumbent operations and performs the necessary computations to determine which frequencies and power levels can be used without causing harmful interference? Under such a model, how would the local database within the device be kept up to date? What are the trade-offs, including the costs and benefits, between a centralized versus a decentralized model in terms of efficiency, device complexity, and ability to protect incumbent licensee operations? 35. Because BAS was not present in the portions of the 6 GHz band where the AFC systems manage access to spectrum, mobile BAS/CARS was not addressed in the 6 GHz band AFC implementation. The mobile nature of these BAS/CARS operations makes it more difficult to manage spectrum access in real time. Electronic news gathering trucks, while they are mobile by definition, operate in a fixed fashion and direct transmissions towards fixed receive sites when broadcasting from the location of scheduled sporting or news events. Mobile BAS/CARS equipment may also be used for short-range connectivity such as relaying signals from a camera to a news gathering truck. For these types of itinerant mobile-fixed operation, a mobile BAS/CARS licensee could provide advanced notice of its planned operation to enable the automated spectrum management system to protect the BAS operations from harmful interference. The Commission seeks comment or proposals on whether these sorts of planned mobile operations can be accommodated on an AFC or SAS-like system. The Commission also seeks comment on whether mobile BAS/CARS operations in this band are, in fact, similar to BAS use in the 6 GHz band, and if not whether there are additional considerations that an automated spectrum management would need to address specific to this band. Could such a system be adapted to accommodate unplanned, unscheduled news or other events? 36. Should the automated spectrum management system determine frequency availability using the proposed permissible power limits for base stations, mobile stations, and transportable stations or should it instead determine frequency availability at power levels less than the maximum, and calculate a list of available frequencies and the maximum power permitted on each one? If the automated spectrum management system calculates the maximum power for each frequency, how would it control the power levels of mobile broadband devices to ensure that they operate at permissible levels? How should frequency availability information be reported to the devices? Should the automated spectrum management system report availability for discrete frequency bands, e.g., 10 or 20 megahertz channels, or should it simply report the range or ranges of available frequencies? Alternatively, should the automated spectrum management system simply list the range or ranges of unavailable frequencies? 37. The Commission seeks comment on whether device registration with the automated spectrum management system is necessary. Under a registration requirement, a mobile broadband device would transmit identifying information along with its location to the automated spectrum management system before receiving a list of permissible frequencies. 111 Alternatively, a device under a centralized system architecture could provide only its location data and the automated spectrum management system would provide it with the list of permissible channels for that location. Under a decentralized system architecture, registration would not necessarily be required as the device only needs periodic updates of the local fixed service operating environment. 111 Fixed white space devices and Citizens Broadband Radio Service Devices are required to register certain information with the white space database or Spectrum Access System, including the device's location, antenna height above ground, device identification information, and contact information for the device's operator. 47 CFR 15.713(g), 96.39(c). 38. The Commission seeks comment on the types of security requirements that would be necessary for an automated spectrum management system that manages mobile broadband devices in the 12.7 GHz band. White space devices and databases, CBRS devices and the SAS, as well as 6 GHz AFC systems and unlicensed devices are required to incorporate security measures to ensure that devices communicate only with authorized databases, that all communications and interactions between a database and devices are accurate and secure, and that unauthorized parties cannot access or alter a database, or the list of available frequencies sent to a device. 112 Are similar requirements necessary or appropriate for devices and an automated spectrum management system in the 12.7 GHz band? Are any additional requirements necessary? Does the Commission need to specify security requirements for devices to ensure that the software within them cannot be easily modified to enable operation on frequencies other than those indicated as available by the automated spectrum management system? 112 See 47 CFR 96.39(f), 15.407(k)(8)(v), 15.713(l). D. Licensing and Operating Rules 1. Part 27 39. To encourage intensive investment in, and robust deployment of, next-generation wireless networks, the Commission has adopted or proposed licensing approaches for other mid-band spectrum that are tailored to the unique characteristics of each band. The Commission proposes and seeks comment on service-specific rules for the 12.7 GHz band. In addressing these issues, commenters should discuss the costs and benefits associated with these proposals and any alternatives that commenters propose. 40. The Commission proposes to license the spectrum under its flexible-use part 27 rules, which permit licensees to provide any fixed or mobile service consistent with the permitted allocations, subject to rules necessary to prevent or minimize harmful interference. With the exception noted below, under this proposal, new mobile broadband and other expanded use licensees in the 12.7 GHz band would comply with licensing and operating rules that are applicable to all part 27 services, 113 including flexible use, 114 regulatory status, 115 foreign ownership reporting, 116 compliance with construction requirements, 117 renewal criteria, 118 permanent discontinuance of operations, 119 partitioning and disaggregation, 120 and spectrum leasing. 121 The Commission seeks comment generally on this approach. With respect to technical rules and performance requirements, the Commission intends to adopt rules based on commenter concerns and its experience and expertise. Finally, the Commission proposes to make its licensing, authorization, and service rules governing the 12.7 GHz band applicable nationwide, i.e., within the Contiguous United States (CONUS) as well as the non-contiguous states, territories, and possessions. The Commission seeks comment on this proposal. 113 See Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 To Establish Uniform License Renewal et al., Second Report and Order and Further Notice of Proposed Rulemaking and Order, 32 FCC Rcd 8874 (2017) ( WRS Renewal Reform 2nd R&O and FNPRM ) (amending several of the rules applicable to part 27 services). 114 Section 303(y) provides the Commission with authority to provide for flexibility of use if: “(1) such use is consistent with international agreements to which the United States is a party; and (2) the Commission finds, after notice and opportunity for public comment, that (A) such an allocation would be in the public interest; (B) such use would not deter investment in communications services and systems, or technology development; and (C) such use would not result in harmful interference among users.” Balanced Budget Act of 1997, Public Law 105-22, 111 Stat. 251, 269-69; 47 U.S.C. 303(y). See also 47 CFR 27.2, 27.3. 115 47 CFR 27.10. 116 47 U.S.C. 310; 47 CFR 27.12. 117 47 CFR 27.14(k). 118 Id. § 1.949. 119 Id. § 1.953. 120 Id. § 1.950. 121 Id. §§ 1.9001 through 1.9080. 2. 12.7 GHz Band Plan 41. The Commission's goal in this proceeding is to make as much of the 12.7 GHz band available for mobile broadband or other expanded uses as possible in order to facilitate next-generation uses of spectrum that are increasingly necessary in the modern, connected world. To promote effective use of the 12.7 GHz band, the Commission proposes a technologically neutral policy for licensing the band. That is, the Commission does not make any technological choices or prohibitions, or prefer any particular kind of technology. The Commission does not propose a duplex gap, or distinct blocks for base and mobile that would presume or prohibit FDD or TDD deployments. The Commission seeks comment on this proposal. Are there interference issues that the Commission is not currently anticipating that this regime would create? The Commission ask commenters to address interference concerns between FDD and TDD, explain how they could coexist in the band, and discuss coordination and interference rules that must apply if both were to be permitted. In section I.B.3.b above (Mobile BAS/CARS), the Commission proposes to set aside 25 megahertz to repack mobile BAS/CARS incumbents. 3. Spectrum Block Sizes for New Licenses 42. Currently, the 12.7 GHz band is licensed for satellite, BAS/CARS fixed and mobile use, and other fixed uses. Under its band plan proposal, most of the 550 megahertz would be made available to new entrants for mobile or other expanded uses, with a small portion of the band set aside to accommodate repacked mobile BAS/CARS incumbents. The Commission seeks comment on the appropriate block sizes for these new licenses to best promote efficient and robust use of the band for next-generation wireless technologies. Several commenters note the importance of larger block sizes to the deployment of mobile broadband and other expanded uses; indeed, some commenters indicate that as broadband technologies evolve, operators will be required to have contiguous 100 megahertz blocks to deliver next-generation broadband. 122 In light of this concern, the Commission believes that 100 megahertz blocks will produce the best environment for 5G and future 6G deployments, as large block sizes support faster data speeds and better coverage for next-generation deployments. 123 Additionally, the Commission believes 100 megahertz blocks will afford adequate flexibility to prospective licensees in terms of system design. 122 See, e.g. AT&T Comments at 4; Qualcomm Comments at 7 (noting that a 5G base station with 100 MHz bandwidth provides sub-meter positioning accuracy, and that more bandwidth will allow for more precise positioning and improve overall network performance); Verizon Comments at 9; Ericsson Reply at 10-11; 5G Americas Reply at 6. 123 “[T]he Commission should prioritize large bandwidths such as 50-megahertz or 100-megahertz channel blocks, the latter which `have become international best practice and are implemented in the majority of 5G-leading markets.' ” Verizon Comments at 9 (quoting GSMA, 5G Spectrum: GSMA Public Policy Position, at 5 (June 2022), https://www.gsma.com/-spectrum/wp-content/uploads/2022/06/5G-Spectrum-Positions.pdf). 43. The Commission seeks comment on this proposal (100 MHz blocks) and on how to authorize any spectrum blocks less than 100 megahertz depending on the size of the mobile BAS/CARS repack band. Commenters offering an alternative proposal should detail the advantages and disadvantages of their favored approach, including any costs and benefits, based on what they know about the technical requirements of the respective technologies that either use or could use the band. The Commission recognize that some commenters favor smaller blocks of 50 megahertz. 124 If the Commission adopts smaller sized blocks, should the Commission allow licensees to aggregate the use of these separate licenses into wider bandwidths while retaining the performance requirements of each individual license? Would this approach help ensure that spectrum is put to use, as compared to larger block sizes? Are there any additional considerations that the Commission should take into account in determining the spectrum block sizes to be used for new licenses in this band? 124 Competitive Carriers' Association Reply at 5; T-Mobile Comments at 14; US Cellular Reply at 5. Some Commenters, such as T-Mobile, argue that 100 megahertz blocks would orphan a 50 megahertz block, or otherwise require the Commission to license the band with blocks of varying size. T-Mobile Comments at 14; US Cellular Comments at 6. The Commission notes that under its band plan proposal, some spectrum would be designated for repacking incumbent mobile BAS/CARS operations. 4. Geographic License Area Sizes 44. Consistent with its approach in several other bands used to provide fixed and mobile services, the Commission proposes to license the 12.7 GHz spectrum on an exclusive, geographic-area basis. 125 Geographic-area licensing provides flexibility to licensees, promotes efficient spectrum use, and helps facilitate rapid assignment of licenses. The Commission seeks comment on this approach, including the costs and benefits of adopting a geographic area licensing scheme. In the event that a party does not support using geographic licensing, it should explain its position, describe what type of licensing scheme it supports, and identify the costs and benefits associated with its alternative licensing proposal. 125 See, e.g., 47 CFR 27.6 (h), (i) (AWS-1 and AWS-4, respectively). 45. In determining the appropriate geographic license size, the Commission considers several factors, including: (1) facilitating access to spectrum by both small and large providers; (2) providing for the efficient use of spectrum; (3) encouraging deployment of wireless broadband services to consumers, especially those in rural areas and Tribal lands; and (4) promoting investment in and rapid deployment of new technologies and services. 126 In light of these statutory considerations, the Commission proposes to issue flexible use licenses on a Partial Economic Area (PEA) basis. 127 The Commission asks commenters to discuss and quantify the economic, technical, and other public interest considerations of licensing on a PEA basis. The Commission observes that the question of geographic license area sizes intersects with the question of whether to issue exclusive or shared licenses: those that favor exclusive licenses often prefer PEAs or larger, whereas those that favor shared licensing regimes prefer smaller areas, such as counties. 128 Because the Commission proposes to license the band exclusively, the Commission also proposes PEAs. In its judgment, this area size will also help promote rural deployments by facilitating access to spectrum by small and regional service providers and beyond. 129 The Commission seeks comment on licensing the 12.7 GHz band on a PEA basis. 126 See, e.g., Service Rules for Advanced Wireless Services in the 1.7 GHz and 2.1 GHz Bands, Report and Order, 18 FCC Rcd 25162, 25174, para. 31 (2003) ( AWS-1 Service Rules R&O ). 127 See 47 CFR part 27, subpart A, appendix A—List of Partial Economic Areas with Corresponding Counties. 128 But see RWA Comments at 2 (arguing for counties and not PEAs for licensed area size). 129 See, e.g., US Cellular Reply at 7. 46. Some commenters seek smaller areas, such as counties. 130 They argue that these smaller areas help smaller businesses and rural areas. 131 Could smaller license areas increase the possibility of interference between adjacent areas and complicate a licensee's ability to fully deploy services using their licensed spectrum in their service areas? 132 If so, are there other reasons that would nevertheless support adopting smaller license areas such as promoting competition? 133 Would smaller or larger areas promote or complicate cost-sharing for relocation of incumbents? Are there any additional considerations that the Commission should take into account when determining the geographic license areas sizes for new licenses in the 12.7 GHz band when weighing the factors listed above? For example, could a smaller license area help promote deployment in Tribal areas? The Commission notes that several commenters suggest providing priority access to spectrum over Tribal lands to Tribal entities. 134 130 RWA Comments at 2-3; OTI & PK Comments at 7; WISPA Reply at 1-2, 7; see also see Letter from Traci Biswese, Vice President & Associate General Counsel, NCTA, to Marlene H. Dortch, Secretary, FCC, GN Docket No. 22-352, at 3 (May 11, 2023) (NCTA May 11, 2023 Ex Parte). 131 RWA points out that the propagation characteristics of the band warrant adoption of smaller-sized license areas. RWA Comments at 3. In proposing PEAs, the Commission is making the judgement that it propagates sufficiently far to justify PEA-sized areas. The Commission also seeks comments on this approach. 132 See T-Mobile Reply at 6. 133 See NCTA May 11, 2023 Ex Parte at 3. 134 See Open Technology Institute and Public Knowledge May 10, 2023 Ex Parte at 3 (“With regard to creating a rural Tribal window for any spectrum authorized for new licensees in the 12.7 GHz band, the success of the 2.5 GHz window demonstrates the enormous value to Tribes of creating the opportunity for greater spectrum access on Tribal lands. This would also be consistent with the Memorandum of Understanding between the Department of the Interior and the Department of Commerce National Telecommunications and Information Administration, 11/23/2022. Available at https://www.bia.gov/sites/default/files/dup/inline-files/mou_esb46-009818_doi-fcc-ntia_electromagnetic_spectrum_on_tribal_lands_2022-11-23_final_fcc_ntia_doi_signed_508.pdf” ). See also Tribal Ready May 10, 2023 Ex Parte (“The Commission has previously recognized the value of Tribal set asides in promoting deployment as recently as the 2.5 GHz band. The 12 GHz band can and should also be an option to help Native Americans close the digital divide.”). 5. License Term and Renewal 47. The Commission proposes to establish a 10-year license term for new mobile broadband and other expanded use licenses in the 12.7 GHz band. The Commission believes that a 10-year term serves its goal of providing licensees with flexibility to develop this spectrum as the market demands and to employ innovative technologies which may not be available immediately upon licensing. The Commission acknowledges that the Commission has adopted license terms longer than 10 years to account for delays in relocating incumbent operations. In this case, however, because the existing use of the band is relatively light, the Commission is proposing its standard 10-year license term along with an additional year (relative to some services) to meet the proposed interim buildout requirement. The Commission also proposes to apply its general renewal requirements for wireless radio service licenses. 135 The Commission seeks comment on these proposed license term and renewal requirements, as well as on the costs and benefits of these proposals. 136 Are there alternative license terms that might be better suited for this band? 137 If an alternative license term is better, what impact would it have on investment or deployment, particularly for smaller or rural entities, and how could the Commission determines its costs and benefits? 135 See 47 CFR 1.949 (Application for renewal of license). The WRS Renewal 2nd R&O and FNPRM adopted a unified framework for construction, renewal, and service continuity rules for flexible use geographic licenses in the Wireless Radio Services. See Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101 to Establish Uniform License Renewal et al., WT Docket No. 10-112, Second Report and Order and Further Notice of Proposed Rulemaking and Order, 32 FCC Rcd 8874 (2017) ( WRS Renewal Reform 2nd R&O and FNPRM ). Accord, 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, 2390, para. 106 (2020) ( 3.7 GHz Report and Order ). 136 The Communications Act does not specify a term limit for wireless radio services licenses. The only statutory limit on license terms is eight years for licenses in the broadcast services. See 47 U.S.C. 307(c)(1); 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-13500. Public record. Not legal advice.