April 7, 2025 FCC FACT SHEET* Lower 37 GHz Band; Use of Spectrum Bands Above 24 GHz for Mobile Radio Services Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking – WT Docket No. 24-243, GN Docket No. 14-177 Background: The 37-37.6 GHz band (Lower 37 GHz band) is shared between federal and non-federal users. On the commercial side, the Lower 37 GHz band is expected to be used for a range of services— including backhaul links; fixed wireless broadband systems; Internet of Things systems; and supplemental capacity for mobile systems. In this Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking, the Commission establishes a licensing framework that authorizes access by commercial entities to this 600 megahertz of spectrum. What the Report and Order and Sixth Report and Order Would Do: • Adopts a site-based licensing framework that requires non-federal users first to obtain a nationwide non-exclusive license before registering sites in the Lower 37 GHz band. • Establishes a two-phased process for coordinating proposed site-based operations with other potentially affected operators. • Establishes a priority for military deployments in the 37-37.2 GHz portion of the band. • Requires that registered operations generally must be construct and start operating within 12 months of when the date the registration is granted for that site. What the Further Notice of Proposed Rulemaking Would Do: • Seeks comment on whether to adopt a more stringent emissions limit for Upper Microwave Flexible Use Service (UMFUS) operations above 37 GHz. • Seeks comment on whether the first phase of the coordination mechanism can be enhanced by consideration of additional factors like clutter. * This document is being released as part of a “permit-but-disclose” proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in WT Docket No. 24-243 and GN Docket No. 14-177, which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs/). Before filing, participants should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR § 1.1200 et seq. Federal Communications Commission FCC-CIRC2504-02 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Lower 37 GHz Band ) WT Docket No. 24-243 ) Use of Spectrum Bands Above 24 GHz for Mobile ) GN Docket No. 14-177 Radio Services ) REPORT AND ORDER, SIXTH REPORT AND ORDER, AND FURTHER NOTICE OF PROPOSED RULEMAKING* Adopted: [] Released: [] Comment Date: [30 days after date of publication in the Federal Register] Reply Comment Date: [45 days after date of publication in the Federal Register] By the Commission: TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION .................................................................................................................................. 1 II. BACKGROUND .................................................................................................................................... 3 III. REPORT AND ORDER AND SIXTH REPORT AND ORDER ........................................................ 12 A. Licensing Framework .................................................................................................................... 14 B. Coordination Process ..................................................................................................................... 18 C. Interference Protection Criteria ...................................................................................................... 30 D. Site Registration ............................................................................................................................. 35 E. Priority for Military Systems in the 37–37.2 GHz Band ............................................................... 40 F. Construction Requirements ............................................................................................................ 44 G. Initial Site Registration Round ....................................................................................................... 47 H. Secondary Market Rules ................................................................................................................ 51 IV. FURTHER NOTICE OF PROPOSED RULEMAKING ..................................................................... 53 A. Emissions into the Passive Band Below 37 GHz ........................................................................... 53 B. Consideration of Clutter in Phase One Coordination ..................................................................... 63 C. Correction to section 30.204 of the rules ....................................................................................... 64 * This document has been circulated for tentative consideration by the Commission at its April 28, 2025 open meeting. The issues referenced in this document and the Commission’s ultimate resolution of those issues remain under consideration and subject to change. This document does not constitute any official action by the Commission. However, the Chair has determined that, in the interest of promoting the public’s ability to understand the nature and scope of issues under consideration, the public interest would be served by making this document publicly available. The FCC’s ex parte rules apply and presentations are subject to “permit-but-disclose” ex parte rules. See, e.g., 47 C.F.R. §§ 1.1206, 1.1200(a). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR §§ 1.1200(a), 1.1203. Federal Communications Commission FCC-CIRC2504-02 V. PROCEDURAL MATTERS ................................................................................................................ 65 VI. ORDERING CLAUSES ....................................................................................................................... 76 Appendix A – Final Rules Appendix B – Final Regulatory Flexibility Analysis Appendix C – Initial Regulatory Flexibility Analysis Appendix D – List of Commenters I. INTRODUCTION 1. Today, we build on the Commission’s long-standing work to enable greater and more intensive use of spectrum. Specifically, we adopt a Report and Order and Sixth Report and Order to establish a framework to share the 37–37.6 GHz band (Lower 37 GHz band) among federal and non- federal users. This framework will allow the Lower 37 GHz band to be used for a range of services through rules designed to accommodate a variety of use cases—including backhaul and backbone links; fixed wireless broadband systems; Internet of Things (IoT)-type systems; and supplemental capacity for mobile systems. We also adopt an initial mechanism for coordinating co-primary shared federal and non- federal uses of the band, developed jointly with the National Telecommunications and Information Administration (NTIA) with input from Department of Defense (DoD) and other interested federal and non-federal stakeholders. In a Further Notice of Proposed Rulemaking, we seek comment on additional issues, including whether we should revise the emissions limits for Upper Microwave Flexible Use Service (UMFUS) operations above 37 GHz to protect passive sensors in the adjacent 36–37 GHz band, and whether the initial coordination mechanism can be enhanced by consideration of additional factors like clutter. 2. This Report and Order and Sixth Report and Order is the next step in our efforts to make millimeter wave (mmW) spectrum available for intensive use and to ensure continued American leadership in wireless services. Such leadership is critical for our nation’s economic growth, job creation, public safety, and global competitiveness. The framework we set for the Lower 37 GHz band will allow for co-primary spectrum sharing between federal and non-federal users in the same spectrum band by offering site-based authorizations capable of accommodating systems that do not require geographic area licenses. By developing a framework that makes 600 megahertz of additional millimeter wave spectrum available for commercial and for government use, we take another critical step towards providing opportunities for more robust spectrum-based services that serve the nation’s interests. II. BACKGROUND 3. Lower 37 GHz Allocations. The entire 37 GHz band (37–38.6 GHz) is allocated to the fixed and mobile services on a primary basis for federal and non-federal use.1 Portions of the 37 GHz band are also allocated to the Space Research Service (SRS) (space-to-Earth) on a primary basis for federal use (37–38 GHz), and to the Fixed-Satellite Service (FSS) (space-to-Earth) on a primary basis for non-federal use (37.5–38.6 GHz).2 The use of this FSS downlink allocation is limited to individually- 1 U.S. Table of Frequency Allocations, 47 CFR § 2.106. The Commission has modified the mobile service allocation in the 37-–38 GHz band to exclude the aeronautical mobile service, i.e., the 37-38 GHz band is allocated to the mobile except aeronautical mobile service. See Amendment of Parts 2, 15, 80, 90, 97, and 101 of the Commission’s Rules Regarding Implementation of the Final Acts of the World Radiocommunication Conference (Geneva, 2012) (WRC-12), Other Allocation Issues, and Related Rule Updates, ET Docket No. 15-99, Report and Order, 32 FCC Rcd 2703, 2722 para. 57 (2017). 2 U.S. Table of Frequency Allocations, 47 CFR § 2.106. The existing rules limit the FSS use of the 37.5–40 GHz band to gateway earth stations. See 47 CFR § 25.202(a)(1)(ii). 2 Federal Communications Commission FCC-CIRC2504-02 licensed earth stations3 and is also subject to other limitations.4 In addition, the 37 GHz band is adjacent to the 36–37 GHz band, where passive sensors in the Earth Exploration Satellite Service (EESS) and SRS are located.5 4. In 2016, the Commission adopted rules to permit fixed and mobile terrestrial operation in the 37 GHz band (2016 Order).6 The Commission adopted a licensing regime for the 37.6–38.6 GHz portion of the band (Upper 37 GHz band), and made the Lower 37 GHz band available for coordinated co-primary sharing between federal and non-federal users, in which users have a right to interference protection, but no right to exclude other users.7 It explained that federal and non-federal users would access the Lower 37 GHz band through a coordination mechanism, which would be developed more fully through an accompanying Further Notice and federal agency/industry collaboration.8 The Commission adopted the same technical rules for the Lower 37 GHz band and the Upper 37 GHz band.9 5. In the accompanying 2016 Further Notice, the Commission sought comment on a proposal under which federal and non-federal fixed and mobile users would access the Lower 37 GHz band by registering individual sites through a coordination mechanism.10 Under the proposal, the coordination mechanism would facilitate coordinated access by authorizing a particular user to use a particular bandwidth of spectrum at a particular location.11 The Commission sought comment on the coordination mechanism and the functions that it should be able to perform.12 The Commission also sought comment on other aspects of the Lower 37 GHz band regime, including whether a portion of the lower band segment should be made available for priority access by federal users, whether an enforcement mechanism in the Lower 37 GHz band is necessary to help identify and rectify interference events, and whether and how to apply secondary market rules to the Lower 37 GHz band.13 6. In 2018, the Commission denied petitions for reconsideration asking that it adopt exclusive area licensing in the Lower 37 GHz band, and that it not allow federal entities to have 3 47 CFR § 25.202(a)(1)(ii). 4 See also 47 CFR § 25.136(b), (c) (imposing limitations including limits on how much population can be affected by earth stations and limits on the number of earth stations in a given area). 5 See U.S. Table of Frequency Allocations, 47 CFR § 2.106; see also In the Matter of Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, GN Docket No. 14-177 et al., Notice of Proposed Rulemaking, 30 FCC Rcd 11878, 11897-98, paras. 52-53 (2015) (2015 Notice). See U.S. Table of Frequency Allocations, 47 CFR § 2.106. 6 Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, GN Docket No. 14-177, Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 8014, 8057, para. 105 (2016) (2016 Order or 2016 Further Notice, as appropriate). 7 See 2016 Order, 31 FCC Rcd at 8059, para. 111. 8 2016 Order, 31 FCC Rcd at 8060, para. 113. 9 2016 Order, 31 FCC Rcd at 8060, para. 114. 10 2016 Further Notice, 31 FCC Rcd at 8170, para. 448. 11 2016 Further Notice, 31 FCC Rcd at 8170, paras. 448, 449. 12 2016 Further Notice, 31 FCC Rcd at 8170-71, paras. 448-53. As proposed, the coordination mechanism would: (1) be able to obtain information about the type of equipment used, the signal contour from the coordinated location, and the bandwidth requested compared with the bandwidth available; (2) be capable of regularly updating the status of a coordinated location (on/off or authorized/unauthorized); and (3) be able to incorporate this type of information for both federal and non-federal fixed and mobile uses. 2016 Further Notice, 31 FCC Rcd at 8170, para. 449. 13 2016 Further Notice, 31 FCC Rcd at 8172, paras. 457–59. 3 Federal Communications Commission FCC-CIRC2504-02 expansion rights in that band.14 Instead, the Commission affirmed its prior conclusion that “[a]llowing part of the band to be made available on a non-exclusive, shared basis will promote access to spectrum by a wide variety of entities, support innovative uses of the band, and help ensure that spectrum is widely utilized.”15 In the Further Notice portion of its 2018 item, the Commission sought comment on how to coordinate operations under a non-exclusive licensing regime that could be used to share spectrum either between non-federal entities or between federal and non-federal entities.16 The Commission sought comment on a first-come-first-served licensing or registration scheme.17 It further sought comment on three types of non-federal licenses for the Lower 37 GHz band: point-to-point licenses; base station licenses; and “site-cluster licenses,” in which the applicant would license a larger non-exclusive point- radius license within which it could register individual base stations and/or point-to-point links.18 It also sought comment on using the notice and response rules applicable to part 101 microwave operations to coordinate operations, as well as Starry’s proposal to require use of a third-party coordinator.19 The Commission also asked commenters to address how to prevent “warehousing,” whereby a licensee preserves its spectrum usage rights without providing actual service.20 7. In the 2018 Further Notice, the Commission also recognized the importance of the Lower 37 GHz band to future federal operations, and stated its intent to work in partnership with NTIA, DoD, and other federal agencies to develop a sharing approach that allows for robust federal and non-federal use in the Lower 37 GHz band.21 The Commission proposed to require non-federal users to work with federal users in good faith to coordinate any new system federal users might seek to deploy. 22 At the same time, it anticipated that non-federal users would not be required to agree to coordination requests that would carry a significant risk of harmful interference and it sought comment on the best means of coordinating with federal operations.23 To the extent that the solution to preserving a federal entity’s options may be to reserve a part of the band for its priority use, the Commission asked how to define such priority rights.24 8. We received fifteen comments and eight reply comments to the 2018 Further Notice that 14 Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., GN Docket No. 14-177, WT Docket No. 10-112, Third Report and Order, Memorandum Opinion and Order, and Third Further Notice of Proposed Rulemaking, 33 FCC Rcd 5576, 5592–93, paras. 37–40 (2018) (2018 Order [referring to the Third Report and Order and Memorandum Opinion and Order jointly] or 2018 Further Notice, as appropriate). 15 2018 Order, 33 FCC Rcd at 5593, para. 39 (internal quotation marks omitted). 16 2018 Further Notice, 33 FCC Rcd at 5602, para. 62. 17 2018 Further Notice, 33 FCC Rcd at 5602, para. 65. 18 2018 Further Notice, 33 FCC Rcd at 5604-05, paras. 69-73. 19 2018 Further Notice, 33 FCC Rcd at 5602-03, para. 64. 20 2018 Further Notice, 33 FCC Rcd at 5603-04, para. 67. 21 2018 Further Notice, 33 FCC Rcd at 5602, para. 62. 22 2018 Further Notice, 33 FCC Rcd at 5602, para. 66. 23 2018 Further Notice, 33 FCC Rcd at 5602, para. 66. 24 2018 Further Notice, 33 FCC Rcd at 5604, para. 68. We later expressed our intent to explore whether giving priority access to military use of the 37.0–37.2 GHz band would facilitate usage of the Lower 37 GHz band. Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, GN Docket No. 14-177, Fifth Report and Order, 34 FCC Rcd 2556, 2562, para. 17 n.48 (2019) (2019 Order). 4 Federal Communications Commission FCC-CIRC2504-02 addressed the Lower 37 GHz band.25 Commenters express a variety of views on licensing the band. Some commenters continued to urge the Commission to adopt geographic area licensing despite our prior decisions not to use geographic area licensing in the Lower 37 GHz band.26 Other commenters offered general principles the Commission should use but do not discuss specific licensing mechanisms.27 Several commenters suggested the Commission base its rules on those adopted for the 71–76 GHz and 81–86 GHz bands (70/80 GHz band).28 Other commenters proposed that indoor use be authorized on a licensed-by-rule basis. 29 Additionally, in 2023, some interested parties provided comments on sharing in the Lower 37 GHz band in response to the Commission’s 42 GHz Notice.30 9. Subsequently, in 2023, the National Spectrum Strategy (NSS)31 adopted under the prior Administration identified the Lower 37 GHz band for further study “to implement a co-equal, shared-use framework allowing [f]ederal and non-[f]ederal users to deploy operations in the band.”32 10. To aid in the study of the band, the Commission’s Wireless Telecommunications Bureau (WTB) issued a Public Notice seeking further development of the record relating to the Lower 37 GHz band.33 The 2024 Public Notice specifically solicited further information on: (i) potential uses of the Lower 37 GHz band; (ii) a two-phase coordination framework;34 (iii) adjacent band protections, including whether additional measures are needed to protect spaceborne remote passive sensors in the 36–37 GHz band; (iv) a licensing process, which would involve two steps for non-federal operations; and (v) priority access for DoD and military agency departments in the 37–37.2 GHz portion of the band. 35 It also sought general input on a means of ensuring widespread access to Lower 37 GHz spectrum.36 The Commission received thirteen comments and four ex parte filings in response to the 2024 Public Notice.37 25 A list of relevant commenters, reply commenters, and ex parte filings is contained in Appendix D. When citing comments, we will use the short name of the commenter contained in Appendix D, followed by: (1) a specification of which item (the 2018 Further Notice or 2024 Public Notice, described infra) the filing was in response to; and (2) the words “Comments” or “Reply Comments.” 26 T-Mobile 2018 Further Notice Comments at 11-12. 27 AT&T 2018 Further Notice Comments at 7-10; CTIA 2018 Further Notice Comments at 13-14. 28 Ericsson 2018 Further Notice Comments at 12; TIA 2018 Further Notice Comments at 3–4. 29 DSA 2018 Further Notice Comments at 1–2; New America/OTI 2018 Further Notice Comments at 10–12. 30 See, e.g., Comments of Charter Communications, Inc., WT Docket No., 23-158 (filed Aug. 30, 2023); NCTA 42 GHz Comments, WT Docket No. 23-158 (filed Aug. 30, 2023). Although the 42 GHz Notice was focused on uses of the 42–42.5 GHz (42 GHz) band, this proceeding also generated relevant comments regarding potential uses of the Lower 37 GHz band. See Shared Use of the 42-42.5 GHz Band; Use of Spectrum Bands Above 24 GHz For Mobile Radio Services WT Docket No. 23-158, GN Docket No. 14-177, Notice of Proposed Rulemaking, 38 FCC Rcd 6362 (2023) (42 GHz Notice). 31 NTIA, National Spectrum Strategy at 3, 6–7 (2023), https://www.ntia.gov/sites/default/files/publications/national_spectrum_strategy_final.pdf (NSS). 32 NSS at 7. 33 Information Sought on Sharing in the Lower 37 GHz Band in Connection with the National Spectrum Strategy Implementation Plan, WT Docket No. 24-243, Public Notice, DA 24-789 (WTB rel. Aug. 9, 2024) (2024 Public Notice); see 89 Fed. Reg. 68,610 (Aug. 27, 2024). 34 Appendices A and B to the 2024 Public Notice specifically articulated draft “Phase 1” and “Phase 2” coordination methodologies. 2024 Public Notice at 6-15 (Appendix A and Appendix B). 35 2024 Public Notice at 2–4. 36 2024 Public Notice at 2–4. 37 See Appendix D for a list of all comments and ex parte filings in response to the 2024 Public Notice. 5 Federal Communications Commission FCC-CIRC2504-02 11. On November 29, 2024, DoD and NTIA released a report recommending adoption of the coordination framework described in the 2024 Public Notice; establishing priority access for DoD in the 37–37.2 GHz portion of the band while retaining co-equal access for federal and non-federal users in the 37.2–37.6 GHz portion of the band; and establishing stricter out-of-band emission limits than the Commission previously adopted in 2016 in order to protect adjacent band operations in the 36–37 GHz band. 38 III. REPORT AND ORDER AND SIXTH REPORT AND ORDER 12. As previously decided, the Lower 37 GHz band will be made available for federal and non-federal use on a co-primary, shared basis.39 Under this sharing framework, users with operations have a right to interference protection, but no right to exclude other users.40 In this Report and Order, we adopt a licensing framework that requires non-federal users first to obtain a nationwide non-exclusive license. Next, users would coordinate their proposed site-based operations with other potentially affected operators using a two-phase interference coordination process. In the first phase of coordination, licensees will use certain technical parameters of their proposed site registration to generate an interference contour for the proposed site. If this interference contour does not overlap with the contour for any previously registered site, then coordination is successful. If there is overlap of interference contours, the applicant will proceed to a second phase of coordination, in which the licensee of the proposed site will directly contact the operator(s) of the existing site(s) to explore whether and under what circumstances a placement of the proposed operations inside the relevant interference contours might be feasible. Following successful coordination, licensees shall register their proposed sites in the Universal Licensing System (ULS). We also adopt interference protection criteria to govern the coordination process and facilitate sharing between and among federal and non-federal users. 13. In addition, we adopt rules that grant a priority to military systems operating in the 37– 37.2 GHz portion of the band. We also set forth construction requirements for non-federal users in the band and adopt more stringent requirements during the initial site registration round to ensure efficient and effective spectrum use and prevent spectrum warehousing. Finally, we decline to adopt secondary market rules given the licensing framework we adopt today. A. Licensing Framework 14. We adopt a two-step non-federal licensing framework under which a non-federal entity seeking to operate in the Lower 37 GHz band first obtains a nationwide non-exclusive license covering all the frequencies in the Lower 37 GHz band and then applies for site-based registrations. We decline to reconsider adoption of a geographic area licensing regime, as some commenters have recommended.41 The Commission previously rejected the use of geographic area licensing in the Lower 37 GHz band,42 and revisiting our framework for sharing the 37 GHz band would delay the ability to bring this spectrum to market expeditiously. 15. We adopt a licensing framework that is simple and straightforward, based in part on our 38 DoD, NTIA, National Spectrum Strategy 37 GHz Spectrum Sharing Report (2024) (DoD/NTIA Report). The DoD/NTIA Report was subsequently placed in the Commission’s record. See Letter from Charles Cooper, Associate Administrator—Office of Spectrum Management, NTIA, to Marlene H. Dortch, Secretary, FCC, WT Docket No. 24-243, at ii–iii (Dec. 12, 2024). 39 2016 Order, 31 FCC Rcd at 8059, para. 111. 40 See 2016 Order, 31 FCC Rcd at 8059, para. 111. 41 See T-Mobile 2018 Further Notice Comments at 11–12. 42 2016 Order, 31 FCC Rcd at 8059, para. 112; 2018 Order, 33 FCC Rcd at 5592–93, paras. 38–39. 6 Federal Communications Commission FCC-CIRC2504-02 part 101 rules. Initially, we will require entities who wish to operate in the Lower 37 GHz Band to obtain a nationwide, non-exclusive license before they can register sites. We set no limit on the number of non- exclusive nationwide licenses that may be granted for Lower 37 GHz; these licenses will then serve as a prerequisite for registering individual point-to-point links and base stations.43 We find that nationwide non-exclusive licenses best serve the public interest based on this band’s specific characteristics (including propagation), and the characteristics of the technologies and use cases we enable today.44 We also note that, given the characteristics of the Lower 37 GHz band and services, a nationwide, non- exclusive approach will serve the public interest by permitting a range of users to obtain a license and explore the opportunities the band provides. The simpler and more streamlined application process this approach facilitates offers would-be entrants operational flexibility by requiring them to provide site- specific information only after sites are successfully coordinated and registered. 16. The coordination mechanism is based on our part 101 rules. Because this mechanism is familiar to most wireless providers and flexible enough to permit the use of a third-party coordinator for those who choose to do so, we find it unnecessary to mandate the use of a third-party coordinator or database administrator, as urged by Comsearch and NCTA.45 We also ensure transparency by requiring registration of site-specific locations in ULS for non-federal sites. For federal site registrations, NTIA will maintain the relevant technical details as part of its coordination portal, which is described infra. We also adopt relatively short construction deadlines—and significant consequences for failing to meet these deadlines—that are designed not only to promote the rapid deployment of operations, but also to prevent the warehousing of spectrum. 17. We reject the “Property Zone” license area concept proposed by Intel and Cisco because we find that adopting a special category of license is unnecessary. As proposed by Intel and Cisco, a Property Zone license would be a form of geographic area license issued to a property owner and defined by the boundary of the real property in question.46 As Intel and Cisco state, “under the rules already adopted, a real property owner would be able to register and operate a site defined by its property boundary even if the [Property Zone] license category did not exist.”47 We agree. We disagree with Intel and Cisco, however, that the creation of Property Zone licenses “has advantages in the operational efficiency of the sharing framework.”48 On the contrary, we find that the simplified licensing framework we adopt allows property owners to quickly and efficiently register their operations using the same, simple framework as every other non-federal licensee in the Lower 37 GHz band. B. Coordination Process 18. Background. In the 2016 Further Notice, the Commission sought comment on the most 43 See infra Appendix A, 47 CFR § 30.501 et seq. 44 We note that the Commission also has proposed and adopted similar nationwide non-exclusive licensing regimes in other spectrum bands based on the factors presented in those proceedings. See, e.g., Allocations and Service Rules for the 71–76 GHz, 81–86 GHz and 92–95 GHz Bands et al., WT Docket No. 02-146, RM-10288, Report and Order, 18 FCC Rcd 23318 (2003); Allocation of Spectrum for Non-Federal Space Launch Operations et al., ET Docket No. 13-115, RM-11341, Second Report and Order and Second Further Notice of Proposed Rulemaking, 38 FCC Rcd 9029, 9053–58 paras. 66–77 (2023); Wireless Operations in the 3650-3700 MHz Band et al., ET Docket No. 04-151 et al., Report and Order and Memorandum Opinion and Order, 20 FCC Rcd 6502, 6512–13 paras. 25– 27 (2005). 45 Comsearch 2024 Public Notice Comments at 3–4; NCTA 2024 Public Notice Comments at 8. 46 Intel and Cisco 2018 Further Notice Joint Comments at 6–7. 47 Intel and Cisco Joint 2018 Further Notice Comments at 6–7. 48 Intel and Cisco Joint 2018 Further Notice Comments at 6–7. 7 Federal Communications Commission FCC-CIRC2504-02 appropriate coordination mechanism for the Lower 37 GHz band.49 In 2018, the Commission noted that the Lower 37 GHz band would accommodate a variety of use cases and sought comment on utilizing a third-party coordinator or, alternatively, implementing a coordination model similar to that used in part 101 point-to-point bands.50 19. Commenters on the 2016 Further Notice and 2018 Further Notice largely do not discuss or propose any coordination mechanisms or specific parameters.51 Several commenters suggest the Commission base its rules on those adopted for the 71–76 GHz and 81–86 GHz bands (70/80 GHz band).52 Other commenters propose that indoor use be authorized on a licensed-by-rule basis.53 20. In 2020 the Commission began collaborating with NTIA and DoD to further define and develop a possible coordination mechanism that would permit the innovative type of federal/non-federal spectrum sharing envisioned for the Lower 37 GHz band. These conversations focused on balancing the desire to make this spectrum available expeditiously for deployment with the need to protect both federal and non-federal operations in the band from harmful interference. In the 2024 Public Notice, WTB described this potential coordination mechanism, including the technical details of its interference analysis.54 This two-phase framework was developed to ensure meaningful access to spectrum by later entrants, including federal entrants, while also ensuring adequate protection from harmful interference for the operations of incumbents and earlier applicants, and the ability to register and deploy sites quickly and efficiently. 21. The Commission received a range of comments discussing this coordination mechanism. One group of commenters supports the Phase One/Phase Two approach described in the 2024 Public Notice,55 while another group favors the use of a dynamic spectrum management system (DSMS).56 Some commenters suggest that the coordination mechanism would benefit from further development, specifically by or in conjunction with commercial entities.57 Multiple commenters suggest specific requirements for Phase Two coordination with federal entities, including a shot clock58 or specific 49 2016 Further Notice, 31 FCC Rcd at 8170–71, paras. 448–53. 50 2018 Further Notice, 33 FCC Rcd at 5602–03, paras. 63–64. 51 While several commenters on the 2016 Further Notice supported use of coordination as a general matter (see AT&T 2016 Further Notice Comments at 12; Ericsson 2016 Further Notice Comments at 16; Verizon 2016 Further Notice Comments at 10), those comments did not address the specifics of the coordination process. 52 Ericsson Comments to 2018 Further Notice at 12; TIA Comments to 2018 Further Notice at 3–4. 53 DSA Comments to 2018 Further Notice at 1–2; New America/OTI Comments to 2018 Further Notice at 10–12. 54 2024 Public Notice at 2–3. 55 Ericsson 2024 Public Notice Comments at 3–4; INCOMPAS 2024 Public Notice Comments at 5; Joint Commenters 2024 Public Notice Comments at 5–6 (suggesting that Phase One/Phase Two coordination could serve as an interim measure before DSMS was ready to deploy); Micronet 2024 Public Notice Comments at 1; NCTA 2024 Public Notice Comments at 6; Starry 2024 Public Notice Comments at 6–8; Verizon 2024 Public Notice Comments at 4. 56 AT&T 2024 Public Notice Comments at 2; DSA 2024 Public Notice Comments at 2–5; Federated Wireless 2024 Public Notice Comments at 3; Joint Commenters 2024 Public Notice Comments at 5–7. 57 AT&T 2024 Public Notice Comments at 4; Comsearch 2024 Public Notice Comments at 3–4 (contending that the coordination process should be developed and managed commercially); CTIA 2024 Public Notice Comments at 7; NCTA 2024 Public Notice Comments at 2. 58 AT&T 2024 Public Notice Comments at 5; Ericsson 2024 Public Notice Comments at 5. 8 Federal Communications Commission FCC-CIRC2504-02 requirements on information disclosure.59 22. Discussion. We adopt a two-phase coordination framework as described in the 2024 Public Notice.60 This framework will allow coordination to proceed as quickly and efficiently as possible while maintaining interference protection for previously registered sites, including federal operations. The procedures for the first phase of coordination will initially be based on current part 101 coordination,61 though we encourage FCC and NTIA staff to work towards the subsequent development of a portal to automate the creation and development of Phase One contours. The second phase, if necessary for a particular site, will be handled by the relevant operators directly. 23. In the first phase of coordination, licensees will use certain technical parameters of their proposed site registration to generate an interference contour for the proposed site.62 For a point-to-point link, the parameters will include transmitter location (latitude and longitude), equivalent isotropic radiated power (EIRP), transmitter antenna height, receiver antenna height, and antenna azimuth angle.63 A point- to-multipoint or base-to-mobile site will also require submitting these parameters except for receiver antenna height and antenna azimuth angle. The applicant will use the required parameters, together with a propagation model that takes into account propagation loss due to terrain, to generate an interference contour for the proposed site. If this interference contour does not overlap with the contour for any previously registered site, then coordination is successful, and the licensee may proceed to register its proposed site in ULS.64 24. If the first phase of coordination indicates an overlap between the interference contours of the proposed site and a previously registered site, then coordination is not yet successful, and will proceed instead to Phase Two coordination. In this phase, the licensee of the proposed site will directly contact the operator(s) of the existing site(s). Non-federal operator contact information will be in ULS and available to the public; federal operators’ contact information will be provided by NTIA. Phase Two coordination discussions would explore whether and under what circumstances a placement inside the relevant interference contours might be feasible, such as with the use of more advanced interference mitigation techniques including antenna directivity, polarization, or shielding.65 Operators, including federal operators and the licensee of the prospective site, will share technical information on their respective operations and negotiate and cooperate in good faith to determine whether coexistence would be possible.66 If the operators reach an agreement, then coordination is successful and the licensee may 59 Ericsson 2024 Public Notice Comments at 5; Verizon 2024 Public Notice Comments at 4. 60 See 2024 Public Notice at 2–3, Appendices A and B. 61 The part 101 coordination process involves two separate elements: notification and response. Applicants send a notification to potentially affected licensees or prior applicants with detailed technical information concerning their proposed operations. Notified licensees have 30 days to respond (but are encouraged to respond as quickly as possible), and, if the licensee believes there may be interference, they must provide technical details, in writing, to the applicant, within the 30-day notification period. See 47 CFR § 101.103(d). Unlike in certain other services, the Commission does not certify frequency coordinators in part 101, and licensees have the option of self-coordinating. 62 See 2024 Public Notice, Appendix A. As noted in the DoD/NTIA Report: “NTIA will implement the database for coordination between Federal and non-Federal systems, as it does now for the 70/80/90 GHz coordination portal.” DoD/NTIA Report at 15. Additional implementation details about this process will be provided. 63 A comprehensive list of the relevant parameters is contained in Appendix A. 64 2024 Public Notice at 3. 65 2024 Public Notice at 3. 66 DoD and NTIA recommend adopting this two-phase process for coordination, which requires that the parties engage in good-faith negotiations. DoD/NTIA Report at 13–14; see also 2024 Public Notice at 11, App. B (continued….) 9 Federal Communications Commission FCC-CIRC2504-02 register the prospective site in ULS. 25. A dispute resolution process will be established to resolve disputes that arise during the coordination process. In the case of a dispute between non-federal entities, this process will be overseen by the Commission; disputes between non-federal and federal entities will be overseen jointly by the Commission and NTIA.67 26. We direct WTB to work with NTIA and relevant federal agencies to work out the details of how the coordination process, including the dispute resolution process, will be implemented, consistent with the rules and principles we adopt today. We also direct WTB to provide licensees with appropriate notifications and instructions concerning the coordination process. 27. We acknowledge the suggestions of some commenters that a DSMS would provide a more efficient solution for spectrum sharing in this band.68 However, the record does not support one specific DSMS model nor identify the parameters that would be required to implement a DSMS. In the interest of moving expeditiously toward deployment in this band, we adopt the Phase One/Phase Two framework for which we have established technical parameters and which we are confident will be sufficient to protect federal and non-federal operations. In addition, as some commenters note, adoption of this approach does not necessarily foreclose the later adoption of a DSMS.69 By registering a site, licensees are not granted a right to exclude others from their registration area but are protected against actual interference by later-registered sites. Therefore, a DSMS would potentially be compatible with existing deployments and registrations in the band if we decide to pursue this approach in the future. 28. Additional Coordination Requirement for Operations in 37.5–37.6 GHz. The 37.5–37.6 GHz sub-band is shared with the Fixed-Satellite Service.70 Licensees seeking to operate in the 37.5–37.6 GHz portion of the band must therefore also obtain the consent of licensees of co-channel Fixed-Satellite Service earth stations before registering site-specific locations located within the protection zone established under section 25.136(b)–(c) of our rules.71 29. Indoor-Only GAA Operations. We decline to allow indoor-only operations on an uncoordinated or General Authorized Access (GAA) basis, as proposed by DSA and New America/OTI.72 While certain building materials effectively block millimeter wave signals, that is not true for certain (“Operators should negotiate in good faith and work cooperatively”). Additionally, DoD and NTIA explain that to facilitate coordination, “Federal and non-Federal operators would generally be required to provide technical information about their operations.” DoD/NTIA Report at 13. 67 DoD and NTIA explain that they expect that federal or non-federal entities operating or seeking to operate in the Lower 37 GHz band “may request that NTIA and FCC establish a process to resolve the dispute” and propose that “NTIA and the FCC will initiate the dispute resolution process within 30 days” after receiving a written request for assistance and the requested technical data. DoD/NTIA Report at 15. 68 See DSA 2024 Public Notice Comments at 2, 4–5; Federated Wireless 2024 Public Notice Comments at 3–4; Joint Commenters 2024 Public Notice Comments at 4–5. 69 Joint Commenters 2024 Public Notice Comments at 5–7. 70 See U.S. Table of Frequency Allocations, 47 CFR § 2.106. 71 47 CFR § 25.136(b), (c). To avoid confusion, we provide an explanation of how this will work in practice: New terrestrial operations will have to avoid any existing exclusion zone established around an already licensed earth station or coordinate with the earth station operator to be within the zone. Applicants for new earth stations will be required to coordinate with already existing terrestrial operations within the zone pursuant to 47 CFR § 25.136. If a new earth station is licensed, then future terrestrial operations will be precluded from the exclusion zone absent successful coordination with the earth station. 72 DSA Comments to 2018 Further Notice at 1–2; New America/OTI Comments to 2018 Further Notice at 10–12. 10 Federal Communications Commission FCC-CIRC2504-02 types of glass or other materials.73 Given the wide variety of operations that may co-exist in the Lower 37 GHz band, we believe that it is prudent for all proposed operations to coordinate and register their operations.74 Furthermore, our procedures will make it easy for licensees to do so. C. Interference Protection Criteria 30. As noted above, in the 2016 Order the Commission adopted the same technical rules for the Lower 37 GHz band and the Upper 37 GHz band.75 Currently, our rules apply the same field strength limits throughout the 28 GHz, 37 GHz, and 39 GHz bands, including in the Lower 37 GHz band.76 Licensees may not exceed a power flux density (PFD) level of -76 dBm/m2/MHz at the geographical border of their license area, unless the adjacent affected service area licensee agrees to a different PFD.77 31. The site registration scheme we adopt today defines registered sites by calculation from the specifics of the site’s transmitter and the surrounding terrain, rather than using a defined geographic area or radius. Accordingly, the field strength limit in section 30.204 will be inapplicable to sites in the Lower 37 GHz band, and we amend that rule to exclude the Lower 37 GHz band. 32. Instead of a market boundary limit, the coordination mechanism we adopt for this band requires a coordination trigger: the field strength level at which the interference contour is set. Appendix A to the 2024 Public Notice specified the coordination trigger as a power spectral density threshold (PSDT) of -110 dBm/100 MHz.78 Ericsson supports this coordination trigger, while NCTA opposes it as too conservative, especially given that the proposed propagation model does not incorporate clutter or the highly focused nature of the transmission beams in this band.79 While this is a more conservative threshold than the market boundary limit discussed above, it is appropriate here given its different function; deployments within this contour are not precluded, but instead require further coordination. Accordingly, we adopt a coordination trigger of a power spectral density threshold (PSDT) of -110 dBm/100 MHz for the purposes of the Phase One coordination mechanism in this band. 33. Regarding clutter, we note that it can make a significant difference in interference potential and can make propagation modeling substantially more accurate and allow for more intensive use of the band.80 At this time, we do not have a sufficient record to incorporate clutter into the Phase One calculations. In the accompanying Further Notice of Proposed Rulemaking, we seek to develop a record that would allow us to incorporate clutter into the Phase One calculations. 73 See Theodore S. Rappaport, et al., Millimeter Wave Mobile Communications for 5G Cellular: It Will Work!, IEEE Access Vol. 1 (Apr. 8, 2013) at 340–41 (tinted glass and brick pillars have high penetration losses of 40.1 dB and 28.3 dB, respectively, while clear non-tinted glass and drywall only have 3.6 dB and 6.8 dB of losses). 74 To the extent a licensee can demonstrate that the signals of indoor-only operations would reduce the risk of interference, we would expect the licensee to provide such information in the coordination process, if necessary. 75 2016 Order, 31 FCC Rcd at 8060, para. 114; 47 CFR pt. 30, subpart C. 76 See 47 CFR § 30.204. 77 See 47 CFR § 30.204. 78 2024 Public Notice at 6–7, Appendix A. 79 Ericsson 2024 Public Notice Comments at 4; NCTA 2024 Public Notice Comments at 13–14. 80 For example, WTB and OET, in close collaboration with NTIA, have changed the existing aggregate interference model for coordination between non-federal and federal operations int the 3.5 GHz band by, among other things, accounting for clutter loss. See Letter from Charles Cooper, Associate Administrator, Office of Spectrum Management, NTIA, to Ronald T. Repasi, Chief, Office of Engineering and Technology, FCC, and Joel Taubenblatt, Chief, WTB, FCC, GN Docket Nos. 17-258 and 15-319 (filed June 11, 2024). 11 Federal Communications Commission FCC-CIRC2504-02 34. Some commenters have raised the issue of adjacent channel interference between Upper 37 GHz and Lower 37 GHz licensees in the top 100 MHz channel of the Lower 37 GHz band (37.5–37.6 GHz).81 This concern is addressed by the out-of-band emission limits already present in our rules, which apply to licensees in all UMFUS bands, including the Lower 37 GHz band.82 The interference potential between stations in the Lower 37 GHz band and adjacent channel stations in the Upper 37 GHz band is no greater than the existing interference potential between adjacent channel stations within the Upper 37 GHz band. Because our part 30 rules already address this issue, we do not adopt any further limits or restrictions for the Lower 37 GHz band specifically. D. Site Registration 35. An operator seeking to register sites for non-federal operations must first obtain a non- exclusive nationwide license and then successfully coordinate each proposed site with all relevant federal and non-federal incumbent operators. After completing those steps, a licensee must file a registration application with the Commission to register individual site locations. Verizon, Ericsson, and NCTA support the site registration requirement.83 The Commission will accept a registration application only if it is complete, which includes providing all required technical information on the proposed operations and sufficient evidence of successful coordination, such as a “green light” result from a third-party coordinator. The specific requirements for registration applications, and the dates of the initial registration filing window, will be announced by WTB in a future public notice. 36. We require operations to be registered with the Commission by filing applications in ULS, as opposed to using a third-party database, as urged by Comsearch.84 By requiring licensees to register site-specific locations in ULS, the Commission will better be able to enforce construction notification requirements and terminate registrations when construction requirements have not been met.85 37. The Commission proposed to allow point-to-point and point-radius site registrations.86 We adopt this proposal in a modified form. Point-to-point and point-to-multipoint site registrations will both be accepted; however, point-to-multipoint sites will not be associated with a specified radius, which in our previous proposal functioned as a type of exclusion zone.87 Instead, all sites will have an associated interference contour that will be used in the coordination process but not separately represented in ULS, although it may be calculated based on the parameters available in a site’s ULS entry. As point- to-point and point-radius authorizations already exist in ULS in other contexts, modifying ULS to allow these kinds of registrations in the Lower 37 GHz band would be relatively easy and would facilitate rapid authorizations in this band. 38. We decline to adopt our proposal to implement site-cluster licenses.88 Without any support in the record for this proposal, we find that site-cluster licenses are not necessary to promote the 81 See Intel/Cisco Comments to 2018 Further Notice at 9 n.15. 82 See 47 CFR § 30.203. 83 Verizon 2016 Further Notice Comments at 10; Ericsson 2024 Public Notice Comments at 6; NCTA 2024 Public Notice Comments at 1. 84 Comsearch 2024 Public Notice Comments at 2–4. 85 See para. 46, infra. 86 2018 Further Notice, 33 FCC Rcd at 5604, paras. 69–71. 87 2018 Further Notice, 33 FCC Rcd at 5604, para. 71. 88 2018 Further Notice, 33 FCC Rcd at 5604–05, paras. 72–73. 12 Federal Communications Commission FCC-CIRC2504-02 efficient deployment of the Lower 37 GHz band. Licensees may still deploy networks by individually registering multiple sites to create a network. 39. Initial Site Registration Round. Following the application window for nationwide licenses, WTB will open an initial window for site registrations (“initial site registration round”). Because there will be no non-federal UMFUS operations in the band when this initial window is opened, licensees will not be required to coordinate with other UMFUS licensees prior to filing registrations during this initial site registration round only.89 Site registrations will be processed in order of receipt unless a later-filed registrant provides evidence that it completed coordination prior to the other registrant. Using a first-in-time approach will simplify processing of registrations and help eliminate the possibility of mutually exclusive registrations. Priority will be awarded to site registrations on a first-in-time basis, according to the timestamp on the complete, accepted site registration application. Later-filed applications that conflict with priority registrations will be dismissed without prejudice and may be refiled after coordinating with existing registrants. After registrations in the initial site registration round are processed, registrations will be accepted on an ongoing basis, subject to compliance with the coordination rules. E. Priority for Military Systems in the 37–37.2 GHz Band 40. Background. Although the Lower 37 GHz band will be a co-primary, shared use band among federal and non-federal users, we are cognizant that military deployments are often on longer timescales than commercial deployments, and consequently that these military deployments may require priority access to ensure they are not precluded from accessing the band. At the same time, we recognize that non-federal deployment under certain conditions may be necessary to prevent any such priority access spectrum from being underutilized. As such, the 2024 Public Notice sought input on implementing priority access for the DoD and military agencies in the lower 200 megahertz portion of the band (37–37.2 GHz) and sought input on the conditions under which non-federal users could operate in this portion of the band while maintaining flexibility for military deployments.90 Specifically, the Public Notice sought input on allowing non-federal users to register and deploy sites in the 37–37.2 GHz portion of the band immediately, subject to the conditions that they modify or cease operations in the future if those operations conflict with subsequent military deployments and that non-federal operators would not be protected from harmful interference from subsequent military deployments.91 41. No commenters in response to the 2024 Public Notice oppose reserving the lower 200 megahertz of the band for priority access for the DoD and military agencies, so long as we allow non- federal operations in the lower 200 megahertz segment in areas where DoD is not using the spectrum.92 Ericsson, however, urges the Commission to limit federal priority access to outdoor operations only, arguing that the anticipated non-federal indoor operations use cases are unlikely to pose interference to federal operations and should be coordinated and protected on a first-come, first-served basis.93 NCTA 89 Licensees will still be required to coordinate with federal operations. 90 2024 Public Notice at 4. 91 2024 Public Notice at 4. 92 See, e.g., DoD/NTIA Report at 16–17; INCOMPAS 2024 Public Notice Comments at 8 (“INCOMPAS suggests that if the Commission ultimately pursues this priority band segment, it allow commercial users to register sites in that portion of the band as well, with the understanding that DoD may preempt their use at any point in the future.”); Starry 2024 Public Notice Comments at 12 (“Starry suggests that if DOD is granted super-primary access, such priority should be limited to the first 200 megahertz of the band, time-bound, and the spectrum should be available for non-federal access if not in use by DOD.”). 93 Ericsson 2024 Public Notice Comments at 7–8. 13 Federal Communications Commission FCC-CIRC2504-02 argues that under its alternative coordination mechanism priority access would not be necessary.94 If, however, the Commission were to adopt the proposed two-phase coordination mechanism, NCTA acknowledges that priority access may be reasonable.95 All commenters oppose the lower 200 megahertz being set aside exclusively for military operations, instead preferring that non-federal operations be permitted to operate in the lower portion of the band subject to the condition that they modify or potentially cease operations if the non-federal operations conflict with military operations that are subsequently deployed.96 42. Discussion. We adopt priority access for federal military operations in the 37–37.2 GHz sub-band. We believe that establishing priority access strikes the right balance between enabling military operations to deploy in the band despite having longer timescales than non-federal operations and permitting non-federal operations to make the most efficient use of the spectrum. Non-federal operators can register and deploy sites immediately in the lower 200 megahertz, but must modify or cease operations in the future if those operations conflict with subsequent military operations, and non-federal operators will not be protected from harmful interference from subsequent military deployments in this portion of the band.97 We reject Ericsson’s suggestion to limit priority access to outdoor operations on the grounds that, as discussed above, the Commission is not excepting indoor operations.98 43. In the DoD/NTIA Report, DoD and NTIA describe when and how they would invoke priority access and the anticipated process for resolving potential interference concerns.99 DoD and NTIA envision invoking priority access when the incoming military operations’ Phase One contours overlap with deployed non-federal operations in the 37–37.2 GHz portion of the band.100 Once priority access is invoked, DoD and NTIA recommend that DoD would subsequently work in good faith with the non- federal operator over a set time period (i.e., 30 days) to resolve the interference concerns.101 In that regard, the DoD/NTIA Report recommends that the [non-federal] operator either modify its service to be consistent with DoD operations or shut down if coexistence is not possible. 102 Upon notification that DoD is beginning construction of its facilities, the non-federal operator must modify or cease any overlapping operations. The rule we adopt today imposes that requirement. DoD and NTIA support a limited transition period of compliance for non-federal incumbents following this notification.103 The decision whether to allow a transition period in a particular case is within the discretion of DoD. F. Construction Requirements 44. Background. To prevent warehousing of spectrum and to promote rapid deployment of new technologies and services to the benefit of consumers, we adopt buildout requirements as discussed 94 NCTA 2024 Public Notice Comments at 11. 95 NCTA 2024 Public Notice Comments at 11–12. 96 Ericsson 2024 Public Notice Comments at 7; INCOMPAS 2024 Public Notice Comments at 8; NCTA 2024 Public Notice Comments at 11–12; DoD/NTIA Report at 16–17; Starry 2024 Public Notice Comments at 12; Verizon 2024 Public Notice Comments at 5–6. 97 DoD and NTIA agree with this approach. See DoD/NTIA Report at 16. 98 See para. 29, supra. 99 DoD/NTIA Report at 16–17. 100 DoD/NTIA Report at 16. 101 DoD/NTIA Report at 16–17. 102 DoD/NTIA Report at 16–17. 103 DoD/NTIA Report at 17 (“DoD and NTIA would support a limited period of compliance for non-Federal incumbents upon such notification (i.e., 30 days from receipt of notice to stop transmitting.)”). 14 Federal Communications Commission FCC-CIRC2504-02 below.104 In the 2024 Public Notice, WTB sought input on adopting buildout requirements that would require non-federal operators to finish construction and begin operation within 120 days of the date the site registration is granted, or the registration would be cancelled, and the licensee would forfeit its interference protection priority.105 45. Two commenters to the 2024 Public Notice address the Commission’s 120-day buildout proposal. NCTA cautions that finishing construction within 120 days will be onerous in many circumstances, while Verizon argues that federal and non-federal operators should be subject to the same 120-day buildout deadline to ensure that both deploy promptly and make efficient use of the band.106 In the DoD/NTIA Report, DoD and NTIA contend that a disparity between federal and non-federal operators’ buildout requirements is appropriate “in order to account for Congressional appropriations and acquisitions timelines that are typical of Federal operations.”107 They further indicate that “NTIA intends to target Federal operations to complete construction and begin operations within 24-months of clearing a proposed site through the coordination process.”108 46. Discussion. We adopt a two-phase construction requirement, which consists of an accelerated timeframe for the initial site registration round and a different timeframe for subsequent site registrations. As explained below, in the initial site registration round, we adopt an accelerated buildout deadline of 120 days from when the registration is granted to combat the heightened risk among early entrants of speculative registrations, spectrum warehousing, and the possibility of crowding out later entrants.109 An operator that registers its site after the initial site registration round must construct and start its registered operations within 12 months of the date the registration is granted for that site. Although NTIA indicates that it is targeting a 24-month buildout deadline for federal operators,110 and Verizon argues that federal and non-federal operators should be subject to the same buildout requirements,111 we decline to adopt a 24-month deadline for non-federal operators merely for the sake of uniformity.112 We believe that our twin goals of preventing spectrum warehousing and promoting widespread deployment are best met by applying the more stringent 12-month buildout deadline for non- federal operators. The buildout clock will start as soon as a registration is granted in ULS. Although first-in-time rights will be afforded once a site is successfully coordinated and registered, they will be lost if facilities are not built out. Failure to meet the construction deadline will result in the forfeiture of first- in-time protection and result in automatic termination of the registration. The licensee will also be prohibited from filing new site registration applications for that site (or any site whose interference contour would overlap with the interference contour for the terminated registration) for 12 months from the date the registration automatically terminated (i.e., a period of 12 months after the construction deadline). 104 See 47 U.S.C. §§ 303, 309. 105 2024 Public Notice at 3–4. 106 NCTA 2024 Public Notice Comments at 16–17; Verizon 2024 Public Notice Comments at 5. 107 DoD/NTIA Report at 17. 108 DoD/NTIA Report at 17. 109 See Initial Site Registration Round Section. 110 DoD/NTIA Report at 17. 111 Verizon 2024 Public Notice Comments at 5. 112 DoD/NTIA Report at 17. 15 Federal Communications Commission FCC-CIRC2504-02 G. Initial Site Registration Round 47. Background. Due to the limited number of channels in the Lower 37 GHz band, the variety of anticipated use cases, and the fact that both federal and non-federal operators can deploy in the band, initial demand for the band may exceed the available supply of channels in some areas. There is a risk that operators may be incentivized to file a large number of registrations as soon as site registration becomes available. In order to avoid speculative registrations and to ensure future entrants are not precluded from accessing the band, the 2024 Public Notice sought input on applying special rules to the initial site registration round.113 Specifically, the 2024 Public Notice sought input on limiting applicants to a single 100-megahertz channel per site, establishing accelerated buildout deadlines (e.g., 60 or 90 days), and reserving the right for the Commission to grant an applicant a different 100-megahertz channel in the event that multiple applicants seek to register the same channel.114 48. All commenters addressing the issue oppose limiting applicants in the initial site registration round to a single 100-megahertz channel.115 Starry and INCOMPAS argue that they require at least 200 megahertz of spectrum to provide quality service.116 NCTA, Federated Wireless, and Joint Commenters, on the other hand, argue that applicants should be permitted to register multiple 100- megahertz channels per site, but only the first 100-megahertz channel should receive first-in-time prioritization.117 NCTA explains that limiting operators to a single 100-megahertz channel is “inefficient and will leave channels in many areas unused.”118 Joint Commenters adds that spectrum should be put to use in the present rather than reserved for some unknown future user and that federal access to the band in the future is already preserved through priority access rules.119 INCOMPAS suggests a similar arrangement where an applicant would be permitted to register multiple 200-megahertz channels per site, but only the first 200-megahertz channel would receive first-in-time prioritization.120 49. With respect to an accelerated buildout deadline in the initial site registration round, Starry supports establishing such a time period, while NCTA does not.121 Starry suggests, however, that a window longer than 90 days is necessary.122 NCTA argues that a shorter deadline than the proposed 120- day buildout deadline should not be necessary in the initial site registration round, particularly if 113 2024 Public Notice at 4. 114 2024 Public Notice at 4. 115 INCOMPAS 2024 Public Notice Comments at 6–7; Joint Commenters 2024 Public Notice Comments at 8; NCTA 2024 Public Notice Comments at 16; Starry 2024 Public Notice Comments at 13–14; see also DoD/NTIA Report at 17 (taking no position on the issue but stating that it “appreciate[s] the example[]” of the 100-megahertz limit cited in the 2024 Public Notice). 116 INCOMPAS 2024 Public Notice Comments at 7; Starry 2024 Public Notice Comments at 13. 117 Federated Wireless 2024 Public Notice Comments at 5; Joint Commenters 2024 Public Notice Comments at 8; NCTA 2024 Public Notice Comments at 16. 118 NCTA 2024 Public Notice Comments at 16; see also Starry 2024 Public Notice Comments at 13. 119 Joint Commenters 2024 Public Notice Comments at 8. 120 INCOMPAS 2024 Public Notice Comments at 7. 121 NCTA 2024 Public Notice Comments at 16–17 (opposing the 60-90 day accelerated construction deadline proposal); Starry Comments at 14 (supporting the proposal). See also DoD/NTIA Report at 17 (noting that DoD/NTIA “appreciate[s] the example[]” of establishing 60-90 day accelerated deadlines cited in the Public Notice). 122 Starry 2024 Public Notice Comments at 14. 16 Federal Communications Commission FCC-CIRC2504-02 applicants are entitled to first-in-time priority only in a single channel.123 Verizon urges that any accelerated deadlines should apply to both federal and non-federal operations to ensure all operators deploy promptly and do not delay construction.124 Lastly, regarding the Commission reserving the right to grant a channel different than the one the applicant requested, Verizon agrees that the Commission should reserve the right to do so, particularly if it facilitates spectrum contiguity while CTIA asks for additional detail around how the Commission would resolve situations where mutually exclusive applications are filed simultaneously beyond offering an alternate 100-megahertz channel and what the Commission would do if there is not an alternate channel available.125 50. Discussion. In order to better facilitate access to the band in the initial site registration round, we adopt a 200-megahertz (two 100-megahertz channels) limit per site and an accelerated buildout deadline of 120 days. We decline to adopt the approach suggested by NCTA, Federated Wireless, Joint Commenters, and INCOMPAS in response to the 2024 Public Notice that operators be permitted to register multiple channels, but only the first registered channel receives first-in-time protections. We find that assigning different rights to channels in the initial site registration round will unnecessarily complicate the registration and coordination process. Moreover, permitting operators to register up to 200 megahertz of spectrum as opposed to 100 megahertz should facilitate the ability of applicants to acquire sufficient spectrum to deploy their operations while ensuring the spectrum is put to use to protect later entrants’ access to the band. Further, in order to streamline the process, in the initial site registration round we will process applications in sequence based on the time stamp indicating when the application was filed, and will consider applications only for the specific frequency requested. Giving first-in-time rights to the earlier-filed applications will prevent any mutual exclusivity concerns, such as those raised by CTIA. We also decline to extend the initial site registration round buildout deadline beyond 120 days because if operators cannot meet the stringent initial buildout deadline, they can register their sites after the initial site registration round. The accelerated buildout deadline is designed to limit the initial number of registrations and prevent spectrum warehousing by ensuring only operators who are ready to construct and commence operations right away are incentivized to register a site. Finally, we reserve the right to assign a different channel to an applicant than the channel requested in the application. We agree with Verizon that allowing such a change could facilitate the benefits of spectrum contiguity.126 H. Secondary Market Rules 51. In the 2016 Further Notice, the Commission sought comment on whether and how to apply secondary market rules, such as leasing, partitioning, and disaggregation, to the Lower 37 GHz band.127 In response, Starry argues that secondary market rules would preserve competition and availability of spectrum.128 5G Americas supports adopting the rules on the grounds that they could yield market-based finer-granularity sharing that would make more intensive use of the spectrum while not adding to the complexity of the sharing scheme.129 52. Notwithstanding the 2016 Further Notice comments, we decline to adopt secondary market rules for the Lower 37 GHz band. Initially, since we are using site-based registrations, as opposed 123 NCTA 2024 Public Notice Comments at 16–17. 124 Verizon 2024 Public Notice Comments at 5 n.15. 125 CTIA 2024 Public Notice Comments at 9–10; Verizon 2024 Public Notice Comments at 7. 126 Verizon 2024 Public Notice Comments at 7. 127 2016 Further Notice, 31 FCC Rcd at 8172, para. 459. 128 Starry 2016 Further Notice Comments at 3. 129 5G Americas 2016 Further Notice Comments at 14. 17 Federal Communications Commission FCC-CIRC2504-02 to geographic area licensing, partitioning and disaggregation would not apply. With respect to leasing, the lower 37 GHz framework—specifically, the nationwide, non-exclusive licensing approach and the Phase One/Phase Two coordination and site registration approach—provides licensees with optimal flexibility and no barriers to entry, thereby negating the need for leasing. Moreover, the 70/80/90 GHz band, which shares a similar framework with the Lower 37 GHz band insofar as both employ non- exclusive licenses and require coordination and site registration, does not include secondary market rules for similar reasons.130 IV. FURTHER NOTICE OF PROPOSED RULEMAKING A. Emissions into the Passive Band Below 37 GHz 53. Background. There are federal and non-federal allocations for EESS (passive) and SRS (passive) in the adjacent 36–37 GHz band. Passive sensors use the 36–37 GHz band to collect data on ocean surface vector winds, cloud liquid water, precipitation rate, snow depth, tropical cyclone, forecast and warning, sea ice characterization, and the National Weather Prediction model.131 The NTIA/DoD Report notes that the military services use this data in a wide variety of ways that they note is important to their daily operations, and the Report indicates these agencies’ concern that lack of adoption of Resolution 243 would increase the likelihood that continued existing and proposed military operations cannot be accommodated in the 36-37 GHz band.132 The American Geophysical Union (AGU), American Meteorological Society (AMS), National Weather Association (NWA) and University Corporation for Atmospheric Research (UCAR) note that the data collected by these observations are openly available and extremely valuable to civil and international users of meteorological information across the public, private and academic sectors for weather prediction and climate monitoring worldwide.133 NASA also uses this band in connection with “the Global Precipitation Measurement (GPM) Mission, which is an important science satellite mission that operates passive sensors to measure Earth’s rain and snowfall.”134 54. In 2016 the Commission adopted an out-of-band emission (OOBE) limit that it concluded would “keep emissions from an UMFUS device into the 36–37 GHz band well below the -10 dBW level specified by footnote US550A,” noting that the -10 dBW power limit “was adopted to protect passive sensors in the 36–37 GHz band in accordance with ITU Resolution 752 (WRC-07).”135 Section 30.203 of our rules limits out-of-band emissions for licensees in the Lower and Upper 37 GHz bands to -13 dBm/MHz, which is equivalent to -13 dBW/GHz, which is more stringent than the limit contained in Resolution 752 (WRC-07). 136 55. Subsequently, Resolution 243 (WRC-19), Table 1, established a two-prong out-of-band emission limit into the adjacent 36-37 GHz band for International Mobile Telecommunications (IMT) stations operating in 37-40.5 GHz: 1) -43 dBW/MHz, which is equivalent to the -13 dBm/MHz limit in the Commission’s rules; 2) -23 dBW/GHz, which is the unwanted emission power over the full 36-37 130 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, 23347–48, para. 73 (2003). 131 DoD/NTIA Report at 18. 132 DoD/NTIA Report at 18. 133 AGU/AMS/NWA/UCAR Ex Parte, WT Docket No. 24-243 (filed Nov. 22, 2024) at 2. 134 DoD/NTIA Report at 18. 135 2016 Order, 31 FCC Rcd at 8073, para. 156. 136 47 CFR § 30.203. 18 Federal Communications Commission FCC-CIRC2504-02 GHz band.137 In addition, Resolution 243 (WRC-19), Table 1, recommended a stricter emission limit of - 30 dBW/GHz for IMT stations.138 In their report, NTIA and DoD contend that protection to these levels is “essential, considering the anticipated higher density deployment of fixed and mobile services that will result from the development of a sharing framework in the Lower 37 GHz Band.”139 As a result, NTIA recommends updating the U.S. footnotes to reflect WRC-19 Resolution 243, Table 1.140 56. All potential non-federal users of Lower 37 GHz spectrum addressing the issue in response to the 2024 Public Notice oppose revising the OOBE limits for the 37 GHz band, arguing that the existing limit is sufficient to protect passive sensors and that revising the limit could make existing equipment unusable.141 Ericsson notes that existing 37 GHz band equipment was designed to meet the OOBE limits adopted by the Commission in 2016.142 It also notes that the Commission previously required that this equipment be operable across the entire 37–40 GHz band, and that “radios have been deployed based on those existing Part 30 rules.”143 Accordingly, Ericsson contends that changing the OOBE limits after rules have already been established for the Upper 37 GHz and 39 GHz bands could impair existing equipment and deployments in those bands, because equipment in those bands was not designed to comply with the more stringent Resolution 243 limits. 57. CORF and AGU/AMS/NWA/UCAR urge, at a minimum, the incorporation of the interference protection limits in Resolution 243 (WRC-19) into the Commission’s rules.144 CORF asserts a need for a greater degree of protection from OOBE than what was defined by WRC-19 when accounting for the aggregate emission from many devices within the footprint of these passive sensors; AGU, AMS, NWA and UCAR support this view.145 58. Discussion. In response to the DoD/NTIA Report,146 we seek comment on whether or not to adopt a more stringent unwanted emission limit for mobile stations in the Lower 37 GHz band. In addition to WRC-19 Resolution 243, is there a technical basis for revisiting our 2016 conclusion that our existing limits are sufficient to protect passive observations below 37 GHz? Should the Commission adopt the limits in WRC-19 Resolution 243? Alternatively, should the Commission adopt a lesser limit? NTIA and DoD, as well as CORF and AGU/AMS/NWA/UCAR, assert that adopting the mean power -23 dBW/GHz limit over the 36–37 GHz band is “essential,” given the increased density in the shared Lower 37 GHz band, and that it might even be appropriate to adopt a more stringent limit.147 As noted above, 137 Terrestrial component of International Mobile Telecommunications in the frequency bands 37–43.5 GHz and 47.2–48.2 GHz, Resolution 243, WRC-19. 138 Terrestrial component of International Mobile Telecommunications in the frequency bands 37–43.5 GHz and 47.2–48.2 GHz, Resolution 243, WRC-19. 139 DoD/NTIA Report at 19. 140 DoD/NTIA Report at 20. 141 See AT&T 2024 Public Notice Comments at 5-6; CTIA 2024 Public Notice Comments at 2, 4–6; NCTA 2024 Public Notice Comments at 17–18; Ericsson 2024 Public Notice Comments at 5; Verizon 2024 Public Notice Comments at 6-7. But see CORF 2024 Public Notice Comments. 142 Ericsson 2024 Public Notice Comments at 5. 143 Ericsson 2024 Public Notice Comments at 5. 144 CORF 2024 Public Notice Comments at 12; AGU/AMS/NWA/UCAR 2024 Public Notice Comments at 4. 145 AGU/AMS/NWA/UCAR 2024 Public Notice Comments at 4. 146 DoD/NTIA Report at iii, 19. 147 DoD/NTIA Report at 19; CORF 2024 Public Notice Comments at 12; AGU/AMS/NWA/UCAR 2024 Public Notice Comments at 4. 19 Federal Communications Commission FCC-CIRC2504-02 however, users and potential users of the 37 GHz band spectrum assert that the existing limit is sufficient and, that due to the operability requirement, changing the OOBE limit could degrade the performance of existing equipment and deployments for which the Commission adopted harmonized technical rules across three gigahertz of spectrum in 2016. We seek comment on the U.S. footnote that DoD and NTIA propose to add to the Table of Allocations implementing the limits adopted as part of Resolution 243 at WRC-19.148 59. We ask both proponents and opponents of adopting stricter limits to provide specific technical information to support their arguments. In particular, we seek comment on the actual characteristics of currently available and currently deployed equipment, including equipment available or deployed in the Upper 37 and 39 GHz bands (37.6–40 GHz). What standard for OOBE does this equipment currently meet? Are there measurements of their actual OOBE, or the roll-off of their emissions over varying frequency ranges, that would shed light on the potential effects on current services in the adjacent passive band? Also, what are the technical characteristics of adjacent-band satellite sensors that are germane to determining the level of protection they need from operations in the Lower 37 GHz band? Separately, what are the appropriate assumptions regarding the nature and density of industry’s planned terrestrial deployment, and how do these align with the assumptions in the studies underlying WRC-19 Resolution 243? What kind of propagation and scattering models should be used to determine the impact, if any, of OOBE from terrestrial transmitters on satellite sensors? What would be the cost of modifying this equipment to comply with the limits in Resolution 243—either in replacing or modifying already deployed equipment, or in making changes to equipment lines manufactured on a going-forward basis? Would it be possible to operate currently available equipment in a way that complies with the Resolution 243 limits, and if so, what would be the effect on the quality of service provided? 60. We anticipate that in the 200 megahertz closest to the passive band (37–37.2 GHz) the level of non-federal deployment will be lower because of the priority given to military operations in that portion of the band.149 While we anticipate that there could be higher levels of deployment in the 37.2– 37.6 GHz band, the extra 200 megahertz of separation from the passive band should provide some level of additional protection of passive observations. We also seek comment on the alternative of applying the stricter limit to non-federal operations only in the 37–37.2 GHz portion of the band. If we took this approach, would that change require a modification of the existing requirement that equipment be tunable across the entire 37–40 GHz band?150 61. We seek comment on how to treat existing equipment and Upper 37 GHz and 39 GHz deployments. Resolution 243 extends up to 40.5 GHz, which includes Upper 37 GHz band and the 39 GHz band, which are licensed on a geographic area basis. We seek comment on whether existing deployments in those bands use equipment that will not comply with the Resolution 243 emissions limits. Given the minimum of 600 megahertz of separation between the upper edge of the passive band and the lower edge of the Upper 37 GHz band, we seek comment on whether allowing existing equipment to continue operating in the Upper 37 GHz band or 39 GHz band would negatively impact EESS observations. In light of this issue, we seek comment on the potential costs and benefits of grandfathering 148 DoD/NTIA report at 20. 149 While we anticipate military operations being concentrated in the 37–37.2 GHz band, the services will not be bound by the operability requirement that applies to our licensees. Given the importance of the observations made in the 36–37 GHz band to military operations, we anticipate that the services may choose to deploy equipment that complies with the Resolution 243 limits. 150 See 47 CFR § 30.208. 20 Federal Communications Commission FCC-CIRC2504-02 existing deployments in the Upper 37 GHz band indefinitely. 62. Different considerations apply with respect to the Lower 37 GHz band, where there are no existing deployments authorized under the UMFUS rules. If we conclude that increased emissions limits are necessary to protect observations below the Lower 37 GHz band, there would be interest in having deployments promptly comply with the Resolution 243 limits. On the other hand, as noted by NCTA, one of the attractions of the Lower 37 GHz band “is the prospect for expedited deployment due to the existing robust and growing 5G equipment ecosystem in the band.”151 If the more fully developed record in this proceeding shows that Lower 37 GHz deployments are not already aligned with Resolution 243 regarding a more stringent emissions limit, existing standards will have to be modified, and equipment will have to be designed to meet the new standard. That will delay the ability to deploy quickly in the band. In light of those factors, we seek comment on whether there is a transition mechanism that would allow Lower 37 GHz licensees to deploy initially using existing equipment while establishing a schedule by which they would have to comply with a more stringent emissions limit. We invite commenters to suggest such a transition mechanism, keeping in mind the important interests of protecting passive observations and encouraging rapid deployment in the band. B. Consideration of Clutter in Phase One Coordination 63. As noted in paragraph 33, supra, clutter can make a significant difference in interference potential and can make propagation modeling substantially more accurate to allow for more intensive use of the band. This is especially true for deployments using high-frequency spectrum in urban and suburban areas where we expect most commercial 37 GHz deployments will occur because buildings, vegetation, and other manmade obstructions lead to substantial clutter loss. Specifically, allowing consideration of clutter when generating the Phase One coordination contours would reduce the number of potential contour overlaps, conserve applicants’ resources by eliminating unnecessary Phase Two coordinations, and allow for a more accurate analysis of potential interference. We invite commenters to discuss the advantages and disadvantages of considering clutter in Phase One coordination. We also seek comment on the best means of incorporating clutter into the calculation of the Phase One interference contours. What are the best models and datasets to be used when considering clutter? We note that the current Phase Two rule cites ITU-R P.2108,152 but also encourages applicants to mutually agree on proprietary clutter loss models and building height databases, consistent with good engineering practices. Are there other principles or requirements we should adopt with respect to consideration of clutter? We also invite comment on the costs and benefits involved. C. Correction to section 30.204 of the rules 64. In the 2016 Order, the Commission intended to adopt a PFD of -77.6 dBm/m2/MHz.153 The adopted rule, however, lists a different value: -76/dBm/m2/MHz.154 We believe it is in the public interest to correct that unintentional error and amend the rule to have the rule reflect the Commission’s intent. We seek comment on this proposal. V. PROCEDURAL MATTERS 65. Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, as amended 151 NCTA 2024 Public Notice Comments at 17. 152 See Appendix A, adopted rule 47 CFR § 30.503(c)(3)(iv). 153 See 2016 Order, 31 FCC Rcd at 8124, para. 312 (“Therefore, we will adopt a market border PFD limit of -77.6 dBm/m2/MHz measured at 1.5 meters above ground.”) 154 See 47 CFR § 30.204. 21 Federal Communications Commission FCC-CIRC2504-02 (RFA),155 requires that an agency prepare a regulatory flexibility analysis for notice-and-comment rulemakings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.”156 Accordingly, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the possible impact of the rule changes contained in this Report and Order on small entities. The FRFA is set forth in Appendix B. 66. The Commission has also prepared an Initial Regulatory Flexibility Analysis (IRFA) concerning the potential impact of rule and policy change proposals contained in the Further Notice of Proposed Rulemaking on small entities. The IRFA is set forth in Appendix C. The Commission invites the general public, in particular small businesses, to comment on the IRFA. Comments must be filed by the deadlines for comments on the Further Notice of Proposed Rulemaking indicated on the first page of this document and must have a separate and distinct heading designating them as responses to the IRFA. 67. Paperwork Reduction Act. The Report and Order and Sixth Report and Order contains new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of Management and Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. 68. In this present document, we have assessed the effects of requiring entities interested in operating in the Lower 37 GHz band to submit applications for nationwide, non-exclusive licenses and to coordinate their proposed operations with other operators, and find that such requirements are necessary to comply with statutory requirements and to avoid interference. The proposed information collection requirements would apply equally to small and large entities. 69. The Further Notice of Proposed Rulemaking does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. § 3506(c)(4). 70. Congressional Review Act. The Commission will submit this draft Report and Order and Sixth Report and Order to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for concurrence as to whether this rule is “major” or “non-major” under the Congressional Review Act, 5 U.S.C. § 804(2). The Commission will send a copy of this Report and Order and Sixth Report and Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. § 801(a)(1)(A). 71. Providing Accountability Through Transparency Act. Consistent with the Providing Accountability Through Transparency Act, Public Law 118-9, a summary of the Further Notice of Proposed Rulemaking will be available on https://www.fcc.gov/proposed-rulemakings. 72. Ex Parte Rules. This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.157 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). 155 5 U.S.C. §§ 601–612. The RFA has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). 156 5 U.S.C. § 605(b). 157 47 CFR § 1.1200(a). 22 Federal Communications Commission FCC-CIRC2504-02 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with Rule 1.1206(b).158 Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. 73. Comment Filing Procedures. Pursuant to sections 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). • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https://www.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 hand or messenger delivery, by commercial courier, or by the U.S. Postal Service. All filings must be addressed to the Secretary, Federal Communications Commission. • Hand-delivered or messenger-delivered paper filings for the Commission’s Secretary are accepted between 8:00 a.m. and 4:00 p.m. by the FCC’s mailing contractor at 9050 Junction Drive, Annapolis Junction, MD 20701. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. • Commercial courier deliveries (any deliveries not by the U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. • Filings sent by U.S. Postal Service First-Class Mail, Priority Mail, and Priority Mail Express must be sent to 45 L Street NE, Washington, DC 20554. 74. People with Disabilities. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530. 75. Contact Persons. For further information contact Catherine Schroeder of the Wireless Telecommunications Bureau, Broadband Division, at 202-418-1956 or by e-mail to Catherine.Schroeder@fcc.gov. VI. ORDERING CLAUSES 76. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 301, 302, 303(r), 308, 309, and 333 of the Communications Act of 1934, 47 U.S.C. §§ 154(i), 301, 302a, 303(r), 308, 309, 333, that this Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking, IS HEREBY ADOPTED. 77. IT IS FURTHER ORDERED that parts 1 and 30 of the Commission’s rules ARE AMENDED as specified in Appendix A, and such rule amendments WILL BECOME EFFECTIVE 30 158 Id. § 1.1206(b). 23 Federal Communications Commission FCC-CIRC2504-02 days after the date of publication in the Federal Register. Sections 30.501 and 30.503 contain new or modified information-collection requirements that require review by the OMB under the PRA. The Commission directs the Wireless Telecommunications Bureau to announce the compliance date for those information collections in a document published in the Federal Register after OMB approval. 78. IT IS FURTHER ORDERED that the Office of the Secretary SHALL SEND a copy of this Report and Order, Sixth Report and Order, and Further Notice of Proposed Rulemaking, including the Final and Initial Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration. 79. IT IS FURTHER ORDERED that the Office of the Managing Director, Performance Program Management, SHALL SEND a copy of this Report and Order and Sixth Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. § 801(a)(1)(A). FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 24 Federal Communications Commission FCC-CIRC2504-02 APPENDIX A Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 1 and 30 as follows: PART 1―PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 U.S.C. 1754, unless otherwise noted. 2. Amend § 1.907 by revising the definition of “Covered geographic licenses” to read as follows: § 1.907 Definitions. * * * * * Covered geographic licenses. Covered geographic licenses consist of the following services: 1.4 GHz Service (part 27, subpart I, of this chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and Digital Electronic Message Services (part 101, subpart G, of this chapter); 218-219 MHz Service (part 95, subpart F, of this chapter); 220-222 MHz Service, excluding public safety licenses (part 90, subpart T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz Commercial Services (part 27, subparts F and H); 700 MHz Guard Band Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45 GHz Service (part 27, subpart Q); 3.7 GHz Service (part 27, subpart O); Advanced Wireless Services (part 27, subparts K and L); Air-Ground Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of this chapter); Broadband Personal Communications Service (part 24, subpart E, of this chapter); Broadband Radio Service (part 27, 25 Federal Communications Commission FCC-CIRC2504-02 subpart M); Cellular Radiotelephone Service (part 22, subpart H); Citizens Broadband Radio Service (part 96, subpart C, of this chapter);Intelligent Transportation Systems Radio Service in the 5895-5925 MHz band, excluding public safety licenses (part 90, subpart M); Educational Broadband Service (part 27, subpart M); H Block Service (part 27, subpart K); Local Multipoint Distribution Service (part 101, subpart L); Multichannel Video Distribution and Data Service (part 101, subpart P); Multilateration Location and Monitoring Service (part 90, subpart M); Multiple Address Systems (EAs) (part 101, subpart O); Narrowband Personal Communications Service (part 24, subpart D); Paging and Radiotelephone Service (part 22, subpart E; part 90, subpart P); VHF Public Coast Stations, including Automated Maritime Telecommunications Systems (part 80, subpart J, of this chapter); Space Launch Services (part 26 of this chapter); Upper Microwave Flexible Use Service, except for the 37-37.6 GHz band (part 30 of this chapter); and Wireless Communications Service (part 27, subpart D). * * * * * 3. Amend § 1.9005 by revising paragraph (ll) to read as follows: § 1.9005 Included services. * * * * * (ll) The Upper Microwave Flexible Use Service, except for the 37-37.6 GHz band (part 30 of this chapter); * * * * * 26 Federal Communications Commission FCC-CIRC2504-02 PART 30―UPPER MICROWAVE FLEXIBLE USE SERVICE 4. The authority citation for part 30 continues to read as follows: Authority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307, 309, 310, 316, 332, 1302, unless otherwise noted. 5. Amend § 30.2 by adding in alphabetical order the definitions of “Lower 37 GHz band” and “Upper 37 GHz band” to read as follows: § 30.2 Definitions. * * * * * Lower 37 GHz band: The frequency range 37-37.6 GHz. * * * * * Upper 37 GHz band: The frequency range 37.6-38.6 GHz. * * * * * 6. Amend § 30.4 by revising paragraph (f) to read as follows: § 30.4 Frequencies. * * * * * (f) 37-38.6 GHz band: This band is divided into the Lower 37 GHz band and the Upper 37 GHz band. Lower 37 GHz band channels: 37,000-37,100 MHz, 37,100-37,200 MHz, 37,200-37,300 MHz, 37, 300-37,400 MHz, 37,400-37,500 MHz, 37,500-37,600 MHz. The 37,000-37,600 MHz band segment shall be available on a site-specific, coordinated shared basis with eligible Federal entities. Upper 37 GHz band channels: 37,600-37,700; 37,700-37,800 MHz; 37,800-37,900 MHz; 37,900-38,000 MHz; 38,000-38,100 MHz; 38,100-38,200 MHz; 38,200-38,300 MHz; 38,300-38,400 MHz; 38,400-38,500 MHz, and 38,500-38,600 MHz. 7. Revise § 30.7 to read as follows: 27 Federal Communications Commission FCC-CIRC2504-02 § 30.7 Lower 37 GHz band—Shared coordinated service. For licensing and operational rules applicable to the Lower 37 GHz Band, see subpart F of this part. Unless otherwise noted, the technical standards in subpart C of this part shall apply to the Lower 37 GHz band. 8. Amend § 30.104 by revising paragraph (a) and by adding paragraph (g) to read as follows: § 30.104 Performance Requirements. (a) Upper Microwave Flexible Use Service licensees, except for Lower 37 GHz band licensees, must make a buildout showing as part of their renewal applications. Licensees relying on mobile or point-to-multipoint service must show that they are providing reliable signal coverage and service to at least 40 percent of the population within the service area of the licensee, and that they are using facilities to provide service in that area either to customers or for internal use. Licensees relying on point-to-point service must demonstrate that they have four 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, a licensee relying on point-to-point service must demonstrate it has at least one link in operation and is providing service for each 67,000 population within the license area. In order to be eligible to be counted under the point-to-point buildout standard, a point-to-point link must operate with a transmit power greater than +43 dBm. Lower 37 GHz band licensees shall comply with the requirements in paragraph (g) of this section. * * * * * (g) Except as noted in § 30.507(c) of this part, Lower 37 GHz band licensees must construct their registered operations and begin providing service within 12 months of the date the site registration is granted in ULS. Failure to meet this requirement will result in deletion of the 28 Federal Communications Commission FCC-CIRC2504-02 registration from the license, and the licensee will be ineligible to register facilities at that site for a period of 12 months after the construction deadline. 9. Amend § 30.204 by revising paragraphs (a) and (b)(2) to read as follows: § 30.204 Field strength limits. (a) Base/mobile operations: The predicted or measured Power Flux Density (PFD) from any Base Station operating in the 27.5-28.35 GHz band, 37.6-38.6 GHz band, and 38.6-40 GHz bands at any location on the geographical border of a licensee's service area shall not exceed −77.6 dBm/m2/MHz (measured at 1.5 meters above ground) unless the adjacent affected service area licensee(s) agree(s) to a different PFD. (b) * * * (2) Prior to operating a fixed point-to-point transmitting facility in the 37,600-40,000 MHz band where the facilities are located within 16 kilometers of the boundary of the licensees authorized market area, the licensee must complete frequency coordination in accordance with the procedures specified in § 101.103(d)(2) of this chapter with respect to neighboring licensees that may be affected by its operations. 10. Add subpart F, consisting of §§ 30.501 through 30.505, to read as follows: SUBPART F—LOWER 37 GHZ BAND 30.501 Nationwide non-exclusive licensing. 30.502 Site registration 30.503 Coordination of operations 30.504 Military priority on 37-37.2 GHz 30.505 Special rule applicable to initial registration round SUBPART F—LOWER 37 GHZ BAND § 30.501 Nationwide non-exclusive licensing. The Lower 37 GHz band is licensed on the basis of non-exclusive nationwide licenses. There is 29 Federal Communications Commission FCC-CIRC2504-02 no limit to the number of non-exclusive nationwide licenses that may be granted for this band, and these licenses will serve as a prerequisite for registering individual point-to-point links and base stations. § 30.502 Site registration. Point to-point links and base stations must be registered in the Universal Licensing System prior to operation. Prior to filing a site registration, a licensee must successfully coordinate with the relevant co-channel Federal and non-federal licensees (see § 30.503 of this subpart). Site registrations will be processed in order of receipt unless a later filed registrant provides evidence that it completed coordination prior to the other registrant. § 30.503 Coordination of operations. (a) Coordination process. Coordination of operations in the Lower 37 GHz band involves two phases. In the first phase, a licensee draws a coordination contour around its proposed operations. If the licensee’s coordination contour does not overlap with the coordination contour of existing or proposed co-channel Federal and non-Federal systems, the licensee may proceed to register its site. If there is overlap with the coordination contour of one or more existing or proposed co-channel Federal and non-Federal systems, coordination proceeds to the second phase, in which operators work directly with each other to determine whether their systems are compatible. (b) (1) Phase One: Drawing of coordination contour. The coordination contour is the contour around the base or fixed station where the power spectral density threshold (PSDT) equals -110 dBm/100MHz. In order to calculate the power spectral density threshold, an applicant must provide the Equivalent Isotropic Radiated Power (EIRP) (expressed in dBm/100 MHz), and the latitude and longitude of the base station (expressed in decimal degrees). The Irregular Terrain Model (ITM) using parameters listed in Table 2 and ITU-R Recommendation 30 Federal Communications Commission FCC-CIRC2504-02 P.676 using parameters listed in Table 3 should be used to calculate the distance from the base or fixed station to the coordination contour. Clutter loss should not be considered. (i) Point-to-multipoint Operations. Applicants should draw the coordination contour distance at each radial corresponding to Required Propagation Loss ( LRequired), where LRequired = EIRP – PSDT. For purposes of this calculation, the receiver antenna height of 10m should be assumed. (ii) Base-mobile operations. Applicants should draw the coordination contour distance at each radial corresponding to Required Propagation Loss ( LRequired), where LRequired = EIRP – PSDT. For purposes of this calculation, the receiver height of 1.5m should be assumed. (iii) Point-to-point operations. For each angular range relative to the main beam of the fixed station, applicants should draw the coordination contour distance at each radial corresponding to Required Propagation Loss (LRequired) as indicated in Table 1 below. The applicant must provide the antenna height of both the transmitter and receiver fixed stations (in meters). Table 1 to paragraph (b)(1)(iii): Angular Range Calculation of Required Calculation of Antenna Propagation Loss Discrimination Factor (ADF) within ±5° LRequired = EIRP – PSDT ±5° to ±15° LRequired = EIRP – ADF – PSDT ADF increases linearly from 0 dB (at 5°) to 30 dB (at 15°) off-axis ±15° to ±45° LRequired = EIRP – 30 dB – PSDT ±45° to ±55° LRequired = EIRP – ADF – PSDT ADF increases linearly from 30 dB (at 45°) to 40 dB (at 55°) off-axis ±55° to ±80° LRequired = EIRP – 40 dB – PSDT ±80° to ±100° LRequired = EIRP – ADF – PSDT ADF increases linearly from 40 dB (at 80°) to 50 dB (at 100°) off-axis 31 Federal Communications Commission FCC-CIRC2504-02 Outside ±100° LRequired = EIRP – 50 dB – PSDT (2) Parameters to be used in generating Phase One contours: The following parameters shall be used in generating Phase One contours: Table 2 to paragraph (b)(2) - ITM Parameters to be used in contour zone generation: Parameter Value Frequency 37 GHz Mode Terrain Dependent Transmitter Antenna Height (Above Ground Level) Provided by Applicant (m) Transmitter EIRP Provided by Applicant (dBm/100 MHz) Reference Receiver Antenna Height (Above Ground Point-to-Multipoint: 10 meters Level) Base-to-Mobile: 1.5 meters Point-to-Point: Provided by Applicant (m) Transmitter Location Latitude (Decimal Degrees) and Longitude (Decimal Degrees) Mode of Variability Single Message Surface Refractivity 301 N-Units Dielectric Constant of Ground 15 Radio Climate Continental Temperate Reliability 50% Confidence 50% Terrain Data United States Geological Survey 1-Second Atmospheric Attenuation Recommendation ITU-R P.676 Number of Radials 360 (1 Degree Increments) Spacing Along Radial 30 meters Distance Criteria 1st point along radial where the required path loss is achieved Table 3 to paragraph (b)(2) - ITU-R P.676 Parameter Inputs: Parameter Value Frequency 37 GHz Air Temperature 23 C Surface Atmospheric Pressure 1013.25 hPa Ground-level Water Vapor Density 7.5 g/m3 (c) (1) Phase Two: Operator-to-operator coordination. When the contour of a licensee’s proposed operations overlaps with the existing or proposed contour of another licensee, there will be a second phase of coordination, in which operators would communicate directly to 32 Federal Communications Commission FCC-CIRC2504-02 discuss whether and under what circumstances a placement inside the relevant contours might be feasible. (2) Information exchange. The applicant seeking to coordinate shall notify the incumbent operator and provide the information in Table 1 below concerning its proposed operations. Once that information is provided, the incumbent shall respond within 15 business days with the technical information in Table 4 concerning its operations. Table 4 to paragraph (c)(2) – Information to Be Exchanged in Phase Two Coordination Technical Parameter Units Comments Transmitter Geographic Coordinates Degrees/Minutes/Seconds Transmitter Antenna Ground Elevation Meters Above Mean Sea Level (as indicated by the USGS terrain database) Transmitter Antenna Height Meters Above Ground Level Transmitter Power dBm Mainbeam Antenna Gain dBi Equivalent Isotropic Radiated Power dBm Center Frequency MHz Emission Bandwidth MHz Emission Designator Emission Classification Symbols Emission Spectrum Relative Attenuation (dB) as -3 dB, -20 dB, -60 dB points a Function of Frequency Offset from Center Frequency (MHz) Transmitter Antenna Azimuth of Degrees With Respect to True North Maximum Gain Transmitter Antenna Degrees With Respect to Horizontal Downtilt/Uptilt (Elevation) Angle Transmit Antenna Polarization Transmitter Azimuth Off-Axis dBi as a function of off-axis Required for all use cases; point-to- Antenna Pattern angle in degrees point systems should use National Spectrum Management Association (NSMA) Format Transmitter Elevation Off-Axis dBi as a function of off-axis Required for all use cases; point- Antenna Pattern angle in degrees to-point systems should use NSMA Format Transmitter Cable/Insertion Loss dB Receiver Geographic Coordinates Degrees/Minutes/Seconds (Point-to-Point Systems Only) 33 Federal Communications Commission FCC-CIRC2504-02 Receiver Antenna Ground Meters Above Mean Sea Level (as indicated Elevation (Point-to-Point by the USGS Systems Only) terrain database) Receiver Antenna Meters Height (Point-to-Point Above Ground Level Systems Only) Receiver Mainbeam Antenna Gain dBi Receiver Threshold/Sensitivity dBm Minimum Discernible Single/Criteria Receiver Noise Figure dB Receiver IF Selectivity Relative Attenuation (dB) as a -3 dB, -20 dB, -60 dB points Function of Frequency Offset from Center Frequency (MHz) Receiver Antenna Azimuth of Maximum degrees With Respect to True North Gain Receiver Antenna Downtilt/Uptilt degrees With Respect to Horizontal (Elevation) Angle Receive Antenna Polarization Receiver Azimuth Off-Axis Antenna dBi as a function of off-axis angle Required for all use cases; point-to-point Pattern in degrees systems should use NSMA Format Receiver Elevation Off-Axis Antenna dBi as a function of off-axis angle Required for all use cases; point-to-point Pattern in degrees systems should use NSMA Format Receiver Cable/Insertion Loss dB (3) Phase Two coordination principles. The following principles shall apply in Phase Two Coordination: (i) Parties shall negotiate and cooperate in good faith. (ii) Parties are encouraged to use advanced interference mitigation techniques, such as antenna directivity, polarization, shielding, frequency selection, TDD synchronization, or transmitter power control to provide solutions in specific situations. (iii) Measured antenna patterns are preferred and should be used whenever available. In their absence, the operators may use modeled antenna patterns provided by the manufacturer, or a model that estimates the antenna pattern. 34 Federal Communications Commission FCC-CIRC2504-02 (iv) To calculate the propagation loss, Phase One technical assumptions of ITM and ITU-R P.676 are applicable. However, parties are also encouraged to mutually agree on proprietary propagation models, actual measurement data, or other environmental data, consistent with good engineering practices. (v) To account for clutter loss, parties may consider ITU-R P.2108. However, parties are also encouraged to mutually agree on proprietary clutter loss models and building height databases, consistent with good engineering practices. (vi) Both parties must agree on and accept the results of the analysis performed using the agreed-upon methodology. The Phase Two coordination analysis should not consider worst-case conditions unless justified. (4) Interference protection criteria. Absent an agreement between the parties, the interference protection criteria for Phase Two is I/N = -6 dB, where: (i) I (interference) is the received interference power at the input of the receiver, calculated with formula I = PT + GT + GR - LP – LT – LR –LC – LA – LPol – FDR. PT is the transmitter power (dBm); GT is the transmitter antenna gain in the direction of the receiver (dBi); GR is the receiver antenna gain in the direction of the receiver (dBi); LP is the basic transmission loss, in the absence of clutter (dB); LT is the transmitter cable/insertion losses (dB); LR is the receiver cable/insertion losses (dB); LC is the clutter loss (dB); LA is the atmospheric loss (dB); LPol is the polarization loss (iB); and FDR is the Frequency Dependent Rejection (dB), and; 35 Federal Communications Commission FCC-CIRC2504-02 (ii) N (noise) is the background noise level at receiver, calculated with formula N = -114 + 10 Log IFBW + NF. IFBW is the receiver 3 dB intermediate frequency bandwidth, in megahertz. If not available, the emission bandwidth may be used. NF is the receiver noise figure, in dB. The noise temperature is assumed to be 290 degrees Kelvin (room temperature) for all systems using this band. (iii) The compatibility analysis only considers single-entry interference. If operators mutually agree to do so, they may consider aggregate interference. § 30.504 – Military priority on 37-37.2 GHz. (a) Federal military operations have priority in the 37-37.2 GHz band (priority access). Non- Federal licensees can register and deploy sites in the 37-37.2 GHz band, but must modify or cease operations in the future if those operations conflict with later-deployed military operations. A licensee’s operations in this band will not be protected from harmful interference from subsequent military deployments. (b) If a licensee is notified that its operations conflict with incoming military operations and priority access has been invoked, the licensee must work with the Federal military operator in good faith to either modify service to be consistent so it does not conflict with the military operations or cease operations if coexistence is not possible. § 30.505 – Special rules applicable to initial registration round. (a) After giving licensees an opportunity to obtain nationwide non-exclusive licenses, the Wireless Telecommunications Bureau, shall, by public notice, establish procedures for licensees to file an initial set of site registrations (the initial site registration round). (b) In the initial site registration round, licensees may register a maximum of two 100-megahertz channels at any given site. (c) Sites registered in the initial registration round must be constructed and providing service 36 Federal Communications Commission FCC-CIRC2504-02 within 120 days of the site registration being granted on ULS. (d) If multiple site registrations with overlapping Phase One contours are filed during the initial site registration round, the Wireless Telecommunications Bureau will grant the earlier filed registration (based on the Universal Licensing System’s time stamp). Both licensees shall then engage in Phase Two coordination with respect to the later-filed registration. The licensee with the later-filed registration may amend its application to facilitate coexistence with the other licensee so long as the amendment does not conflict with any other site registration filed during the initial window or with any existing or proposed Federal operations. If Phase Two coordination is successful, the later-filed registration will be successful. If, after good faith discussions and efforts to accommodate the later-filed registration, Phase Two coordination is not successful, the later-filed registration will be dismissed. 37 Federal Communications Commission FCC-CIRC2504-02 APPENDIX B Final Regulatory Flexibility Analysis 1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),1 the Federal Communications Commission (Commission) incorporated an Initial Regulatory Flexibility Analysis (IRFA) in the Third Further Notice of Proposed Rulemaking (Third FNPRM) released in June 2018 in this proceeding.2 The Commission sought written public comment on the proposals in the 3rd FNPRM, including comments on the IRFA. No comments were filed addressing the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA and it (or summaries thereof) will be published in the Federal Register.3 A. Need for, and Objectives of, the Report and Order and Sixth Report and Order 2. In the Report and Order and Sixth Report and Order, the Commission establishes a licensing framework that creates an innovative shared space that can be used by a wide variety of Federal and non-Federal users, by both new entrants and by established operators – smaller businesses in particular – to experiment with new technologies in millimeter wave frequencies located in the 37-37.6 GHz band (Lower 37 GHz band). Specifically, the Commission adopts a licensing and registration framework that creates a two-step process under which a non-Federal entity first obtains a nationwide non-exclusive license and then registers site-specific locations, with first-in-time interference protection rights provisionally afforded upon completed coordination and perfected upon construction. 3. Under this framework, priority access is given for military use of the 37.0 to 37.2 GHz segment of the band. For the 37.2-37.6 GHz segment, the Commission adopts rules that give both federal and non-federal entities equal access, except that federal users have priority access in the 18 zones designated in the Commission’s rules.4 4. In the first step of the two-step process, a potential commercial licensee must apply for a nationwide nonexclusive license by submitting an application in the Commission licensing database, the Universal Licensing System (ULS). Once the application has been accepted for filing, it is placed on public notice. Once the license has been granted, the licensee coordinates its proposed operations by submitting a valid coordination notice to all licensees with operations whose interference contour overlap with their proposed interference contour, and responses are due within 30 days of submitting the coordination notice. The Commission requires that non-federal licensees use frequency coordination procedures that are similar to the frequency coordination procedures the Commission uses for the Fixed Microwave Service, a process most licensees are familiar with. Non-Federal licensees are permitted, but not required, to use a third-party coordinator to complete this task.5 Only after the site-specific location has been successfully coordinated, is the licensee authorized to complete the second step of the process: registering site-specific location in ULS. 1 5 U.S.C. §§ 601 et seq., as amended by the Small Business Regulatory Enforcement and Fairness Act (SBREFA), Pub. L. No. 104-121, 110 Stat. 847 (1996). 2 See Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, et al., Third Report and Order, Memorandum Opinion and Order, and Third Further Notice of Proposed Rulemaking, FCC 18-73 (rel. June 8, 2018). 3 See 5 U.S.C. § 604. 4 See 47 CFR §§ 30.205(a) and (b). 5 See 47 CFR Part 101. 38 Federal Communications Commission FCC-CIRC2504-02 5. The Commission also adopts two different construction deadlines depending on when the licensee registered its site-specific location. Licensees that register their site-specific locations during the “initial phase” must complete construction within 120 days of the registration date for that site-specific location. Licensees that register their site-specific locations after the “initial phase” must complete construction with 12months of the date of the registration date for that site-specific location. 6. Because the military has been given priority in the 37.0-37.2 GHz band, first-in-time rights are accorded to non-Federal licensees that are operating in the 37.2-37.6 GHz segment. First-in- time rights are provisionally accorded to the non-Federal licensee that submits a valid coordination notice, but only if that licensee registers the site in the Universal Licensing System, and then also timely constructs the site-specific location. If the licensee does not meet the applicable coordination and construction deadlines for a site-specific location, the licensee loses its first-in-time status, the site- specific location is deregistered, and the licensee must wait 12 months before it may file and any new applications for new site-registrations. 7. As mentioned above, the Commission has given the military priority access to the 37.0- 37.2 GHz band. Should a non-Federal licensee wish to deploy operations in the 37.0-37.2 GHz band, in addition to meeting the requirements applicable to all non-Federal licensees in this band, it must query the National Telecommunications and Information Administration’s (NTIA) database to determine whether there are prior Federal operations. If it receives a “green light” it is authorized to deploy operations. If it receives a “yellow light” it may negotiate with NTIA and the military, but the military is not obligated to accommodate the non-Federal licensee’s operations in the 37.0-37.2 GHz band. 8. Also as mentioned above, both Federal and non-Federal entities have equal access to the 37.2-37.6 GHz segment of the band. In this segment, non-Federal licensees must, in addition to complying with the requirements applicable to all non-Federal licensees in this band, query NTIA’s database to determine whether there are prior Federal operations. If it receives a “green light” it may deploy operations. If it receives a “yellow light” it must negotiate with the military before it is authorized to deploy operations. But since both Federal and non-Federal entities have equal access to the 37.2-37.6 GHz segment, Federal entities seeking to deploy operations in the 37.2-37.6 GHz segment must, in turn, query the Commission’s ULS database. A first-in-time non-Federal licensee operating in the Top 100 Partial Economic Areas (PEAs) must use “good faith” efforts to accommodate subsequent Federal operations. A “first-in-time” licensee operating outside the Top 100 PEAs must use all “reasonable efforts” to accommodate subsequent Federal operations. 9. The rules adopted in the Report and Order and Sixth Report and Order further the Commission’s objectives of providing millimeter wave (mmW) spectrum to providers through efficient spectrum sharing with fewer regulatory hurdles. In addition, making this spectrum available to providers will ensure the availability of a wide variety of innovative products and services to the American public, and allow small and other entities to grow their businesses. B. Summary of Significant Issues raised by Public Comments in Response to the IRFA 10. No comments were filed addressing the impact of the proposed rules on small entities. C. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration 11. Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA), and provide a detailed statement of any change made to the 39 Federal Communications Commission FCC-CIRC2504-02 proposed rules as a result of those comments.6 The Chief Counsel did not file any comments in response to the proposed rules in this proceeding. D. Description and Estimate of the Number of Small Entities To Which the Rules Will Apply 12. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the rules adopted herein.7 The RFA generally defines the term “small entity” as having the same, Small Business Act.”8 In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act.”9 A “small business concern” is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.10 13. Small Businesses, Small Organizations, Small Governmental Jurisdictions. Our actions, over time, may affect small entities that are not easily categorized at present. We therefore describe, at the outset, three broad groups of small entities that could be directly affected herein.11 First, while there are industry specific size standards for small businesses that are used in the regulatory flexibility analysis, according to data from the Small Business Administration’s (SBA) Office of Advocacy, in general a small business is an independent business having fewer than 500 employees.12 These types of small businesses represent 99.9% of all businesses in the United States, which translates to 34.75 million businesses.13 14. Next, the type of small entity described as a “small organization” is generally “any not- for-profit enterprise which is independently owned and operated and is not dominant in its field.”14 The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or less to delineate its annual electronic filing requirements for small exempt organizations.15 Nationwide, for tax year 2022, there 6 5 U.S.C. § 604(a)(3). 7 Id. § 604 (a)(4). 8 Id. § 601(6). 9 Id. § 601(3) (incorporating by reference the definition of “small-business concern” in the Small Business Act, 15 U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.” 10 15 U.S.C. § 632. 11 5 U.S.C. § 601(3)-(6). 12 See SBA, Office of Advocacy, Frequently Asked Questions About Small Business 1 (July 23, 2024), https://advocacy.sba.gov/wp-content/uploads/2024/12/Frequently-Asked-Questions-About-Small-Business_2024- 508.pdf. 13 Id. 14 5 U.S.C. § 601(4). 15 The IRS benchmark is similar to the population of less than 50,000 benchmark in 5 U.S.C § 601(5) that is used to define a small governmental jurisdiction. Therefore, the IRS benchmark has been used to estimate the number of small organizations in this small entity description. See Annual Electronic Filing Requirement for Small Exempt Organizations – Form 990-N (e-Postcard), “Who must file,” https://www.irs.gov/charities-non-profits/annual- electronic-filing-requirement-for-small-exempt-organizations-form-990-n-e-postcard. We note that the IRS data does not provide information on whether a small exempt organization is independently owned and operated or dominant in its field. 40 Federal Communications Commission FCC-CIRC2504-02 were approximately 530,109 small exempt organizations in the U.S. reporting revenues of $50,000 or less according to the registration and tax data for exempt organizations available from the IRS.16 15. Finally, the small entity described as a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.”17 U.S. Census Bureau data from the 2022 Census of Governments18 indicate there were 90,837 local governmental jurisdictions consisting of general purpose governments and special purpose governments in the United States.19 Of this number, there were 36,845 general purpose governments (county,20 municipal, and town or township21) with populations of less than 50,000 and 11,879 special purpose governments (independent school districts22) with enrollment populations of less than 50,000.23 Accordingly, based on the 2022 U.S. Census of Governments data, we estimate that at least 48,724 entities fall into the category of “small governmental jurisdictions.”24 16. Wireless Telecommunications Carriers (except Satellite). This industry comprises 16 See Exempt Organizations Business Master File Extract (EO BMF), “CSV Files by Region,” https://www.irs.gov/charities-non-profits/exempt-organizations-business-master-file-extract-eo-bmf. The IRS Exempt Organization Business Master File (EO BMF) Extract provides information on all registered tax- exempt/non-profit organizations. The data utilized for purposes of this description was extracted from the IRS EO BMF data for businesses for the tax year 2022 with revenue less than or equal to $50,000 for Region 1-Northeast Area (71,897), Region 2-Mid-Atlantic and Great Lakes Areas (197,296), and Region 3-Gulf Coast and Pacific Coast Areas (260,447) that includes the continental U.S., Alaska, and Hawaii. This data includes information for Puerto Rico (469). 17 5 U.S.C. § 601(5). 18 13 U.S.C. § 161. The Census of Governments survey is conducted every five (5) years compiling data for years ending with “2” and “7”. See also Census of Governments, https://www.census.gov/programs-surveys/economic- census/year/2022/about.html. 19 See U.S. Census Bureau, 2022 Census of Governments – Organization Table 2. Local Governments by Type and State: 2022 [CG2200ORG02], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. Local governmental jurisdictions are made up of general purpose governments (county, municipal and town or township) and special purpose governments (special districts and independent school districts). See also tbl.2. CG2200ORG02 Table Notes_Local Governments by Type and State_2022. 20 See id. at tbl.5. County Governments by Population-Size Group and State: 2022 [CG2200ORG05], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. There were 2,097 county governments with populations less than 50,000. This category does not include subcounty (municipal and township) governments. 21 See id. at tbl.6. Subcounty General-Purpose Governments by Population-Size Group and State: 2022 [CG2200ORG06], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. There were 18,693 municipal and 16,055 town and township governments with populations less than 50,000. 22 See id. at tbl.10. Elementary and Secondary School Systems by Enrollment-Size Group and State: 2022 [CG2200ORG10], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. There were 11,879 independent school districts with enrollment populations less than 50,000. See also tbl.4. Special-Purpose Local Governments by State Census Years 1942 to 2022 [CG2200ORG04], CG2200ORG04 Table Notes_Special Purpose Local Governments by State_Census Years 1942 to 2022. 23 While the special purpose governments category also includes local special district governments, the 2022 Census of Governments data does not provide data aggregated based on population size for the special purpose governments category. Therefore, only data from independent school districts is included in the special purpose governments category. 24 This total is derived from the sum of the number of general purpose governments (county, municipal and town or township) with populations of less than 50,000 (36,845) and the number of special purpose governments - independent school districts with enrollment populations of less than 50,000 (11,879), from the 2022 Census of Governments - Organizations tbls. 5, 6 & 10. 41 Federal Communications Commission FCC-CIRC2504-02 establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves.25 Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular services, paging services, wireless Internet access, and wireless video services.26 The SBA size standard for this industry classifies a business as small if it has 1,500 or fewer employees.27 U.S. Census Bureau data for 2017 show that there were 2,893 firms in this industry that operated for the entire year.28 Of that number, 2,837 firms employed fewer than 250 employees.29 Additionally, based on Commission data in the 2022 Universal Service Monitoring Report, as of December 31, 2021, there were 594 providers that reported they were engaged in the provision of wireless services.30 Of these providers, the Commission estimates that 511 providers have 1,500 or fewer employees.31 Consequently, using the SBA’s small business size standard, most of these providers can be considered small entities. 17. Fixed Microwave Services. Fixed microwave services include common carrier,32 private- operational fixed,33 and broadcast auxiliary radio services.34 They also include the Upper Microwave Flexible Use Service (UMFUS),35 Millimeter Wave Service (70/80/90 GHz),36 Local Multipoint Distribution Service (LMDS),37 the Digital Electronic Message Service (DEMS),38 24 GHz Service,39 Multiple Address Systems (MAS),40 and Multichannel Video Distribution and Data Service (MVDDS),41 25 See U.S. Census Bureau, 2017 NAICS Definition, “517312 Wireless Telecommunications Carriers (except Satellite),” https://www.census.gov/naics/?input=517312&year=2017&details=517312. 26 Id. 27 See 13 CFR § 121.201, NAICS Code 517312 (as of 10/1/22, NAICS Code 517112). 28 See U.S. Census Bureau, 2017 Economic Census of the United States, Employment Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517312, https://data.census.gov/cedsci/table?y=2017&n=517312&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePrevie w=false. 29 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. 30 Federal-State Joint Board on Universal Service, Universal Service Monitoring Report at 26, Table 1.12 (2022), https://docs.fcc.gov/public/attachments/DOC-391070A1.pdf. 31 Id. 32 See 47 CFR Part 101, Subparts C and I. 33 See id. Subparts C and H. 34 Auxiliary Microwave Service is governed by Part 74 of Title 47 of the Commission’s Rules. See 47 CFR Part 74. Available to licensees of broadcast stations and to broadcast and cable network entities, broadcast auxiliary microwave stations are used for relaying broadcast television signals from the studio to the transmitter, or between two points such as a main studio and an auxiliary studio. The service also includes mobile TV pickups, which relay signals from a remote location back to the studio. 35 See 47 CFR Part 30. 36 See 47 CFR Part 101, Subpart Q. 37 See id. Subpart L. 38 See id. Subpart G. 39 See id. 40 See id. Subpart O. 41 See id. Subpart P. 42 Federal Communications Commission FCC-CIRC2504-02 where in some bands licensees can choose between common carrier and non-common carrier status.42 Wireless Telecommunications Carriers (except Satellite)43 is the closest industry with a SBA small business size standard applicable to these services. The SBA small size standard for this industry classifies a business as small if it has 1,500 or fewer employees.44 U.S. Census Bureau data for 2017 show that there were 2,893 firms that operated in this industry for the entire year.45 Of this number, 2,837 firms employed fewer than 250 employees.46 Thus under the SBA size standard, the Commission estimates that a majority of fixed microwave service licensees can be considered small. 18. The Commission’s small business size standards with respect to fixed microwave services involve eligibility for bidding credits in the auction of spectrum licenses for the various frequency bands included in fixed microwave services. When bidding credits are adopted for the auction of licenses in fixed microwave services frequency bands, such credits may be available to several types of small businesses based average gross revenues (small, very small and entrepreneur) pursuant to the competitive bidding rules adopted in conjunction with the requirements for the auction and/or as identified in Part 101 of the Commission’s rules for the specific fixed microwave services frequency bands.47 19. In frequency bands where licenses were assigned by auction, the Commission notes that as a general matter, the number of winning bidders that qualify as small businesses at the close of an auction does not necessarily represent the number of small businesses currently in service. Further, the Commission does not generally track subsequent business size unless, in the context of assignments or transfers, unjust enrichment issues are implicated. Additionally, since the Commission does not collect data on the number of employees for licensees providing these services, at this time we are not able to estimate the number of licensees with active licenses that would qualify as small under the SBA’s small business size standard. 20. Satellite Telecommunications. This industry comprises firms “primarily engaged in providing telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.”48 Satellite telecommunications service providers include satellite and earth station operators. The SBA small business size standard for this industry classifies a business with $44 million or less in annual receipts as small.49 U.S. Census Bureau data for 2017 show that 275 42 See 47 CFR §§ 101.533, 101.1017. 43 See U.S. Census Bureau, 2017 NAICS Definition, “517312 Wireless Telecommunications Carriers (except Satellite),” https://www.census.gov/naics/?input=517312&year=2017&details=517312. 44 See 13 CFR § 121.201, NAICS Code 517312 (as of 10/1/22, NAICS Code 517112). 45 See U.S. Census Bureau, 2017 Economic Census of the United States, Employment Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517312, https://data.census.gov/cedsci/table?y=2017&n=517312&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePrevie w=false. 46 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. 47 See 47 CFR §§ 101.538(a)(1)-(3), 101.1112(b)-(d), 101.1319(a)(1)-(2), and 101.1429(a)(1)-(3). 48 See U.S. Census Bureau, 2017 NAICS Definition, “517410 Satellite Telecommunications,” https://www.census.gov/naics/?input=517410&year=2017&details=517410. 49 See 13 CFR § 121.201, NAICS Code 517410. 43 Federal Communications Commission FCC-CIRC2504-02 firms in this industry operated for the entire year.50 Of this number, 242 firms had revenue of less than $25 million.51 Consequently, using the SBA’s small business size standard most satellite telecommunications service providers can be considered small entities. The Commission notes however, that the SBA's revenue small business size standard is applicable to a broad scope of satellite telecommunications providers included in the U.S. Census Bureau's Satellite Telecommunications industry definition. Additionally, the Commission neither requests nor collects annual revenue information from satellite telecommunications providers, and is therefore unable to more accurately estimate the number of satellite telecommunications providers that would be classified as a small business under the SBA size standard. 21. All Other Telecommunications. This industry is comprised of establishments primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation.52 This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems.53 Providers of Internet services (e.g. dial-up ISPs) or Voice over Internet Protocol (VoIP) services, via client-supplied telecommunications connections are also included in this industry.54 The SBA small business size standard for this industry classifies firms with annual receipts of $40 million or less as small.55 U.S. Census Bureau data for 2017 show that there were 1,079 firms in this industry that operated for the entire year.56 Of those firms, 1,039 had revenue of less than $25 million.57 Based on this data, the Commission estimates that the majority of “All Other Telecommunications” firms can be considered small. 22. Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment.58 Examples of products made by these 50 See U.S. Census Bureau, 2017 Economic Census of the United States, Selected Sectors: Sales, Value of Shipments, or Revenue Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code 517410, https://data.census.gov/cedsci/table?y=2017&n=517410&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePrevie w=false. At this time, the 2022 Economic Census data is not available. 51 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. We also note that according to the U.S. Census Bureau glossary, the terms receipts and revenues are used interchangeably, see https://www.census.gov/glossary/#term_ReceiptsRevenueServices. 52 See U.S. Census Bureau, 2017 NAICS Definition, “517919 All Other Telecommunications,” https://www.census.gov/naics/?input=517919&year=2017&details=517919. 53 Id. 54 Id. 55 See 13 CFR § 121.201, NAICS Code 517919 (as of 10/1/22, NAICS Code 517810). 56 See U.S. Census Bureau, 2017 Economic Census of the United States, Selected Sectors: Sales, Value of Shipments, or Revenue Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code 517919, https://data.census.gov/cedsci/table?y=2017&n=517919&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePrevie w=false. At this time, the 2022 Economic Census data is not available. 57 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. We also note that according to the U.S. Census Bureau glossary, the terms receipts and revenues are used interchangeably, see https://www.census.gov/glossary/#term_ReceiptsRevenueServices. 58 See U.S. Census Bureau, 2017 NAICS Definition, “334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing,” https://www.census.gov/naics/?input=334220&year=2017&details=334220. 44 Federal Communications Commission FCC-CIRC2504-02 establishments are: transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment.59 The SBA small business size standard for this industry classifies businesses having 1,250 employees or less as small.60 U.S. Census Bureau data for 2017 show that there were 656 firms in this industry that operated for the entire year.61 Of this number, 624 firms had fewer than 250 employees.62 Thus, under the SBA size standard, the majority of firms in this industry can be considered small. E. Description of Economic Impact and Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities 23. The RFA directs agencies to describe the economic impact of proposed rules on small entities, as well as projected reporting, recordkeeping and other compliance requirements, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record.63 24. We expect the rules adopted in the Report and Order and Sixth Report and Order will impose new or additional reporting or recordkeeping and/or other compliance obligations on small entities. Further, we also anticipate that the filing, recordkeeping and reporting requirements associated with the requirements of the adopted rules will require small businesses as well as other entities that intend to utilize the Lower 37 GHz band to use professional, accounting, engineering or survey services in order to meet these requirements. However, the adopted rule revisions should benefit small entities and by giving them additional information, greater flexibility, and more options for gaining access to wireless spectrum. In addition, the comments in the record does not reflect concerns by small entities regarding compliance cost, nor do they contain cost estimates for compliance. As a result, the Commission cannot, at this time, determine the cost of compliance for small entities. 25. In order to comply with the adopted rules, small entities and other applicants for Lower 37 GHz licenses and registrations will be required to file license and registration applications using the Commission’s automated Universal Licensing System (ULS). ULS is an online electronic filing system that also serves as a powerful information tool, one that enables potential licensees to research applications, licenses, and antenna structures. It also keeps the public informed with weekly public notices, FCC rulemakings, processing utilities, and a telecommunications glossary. 26. In addition, small entities and other licensees seeking to register sites in the Lower 37 GHz band will be required to coordinate their proposed operations with pre-existing non-federal and federal operations. Such coordination will be necessary in order to prevent interference. With respect to non-federal operations, licensees will use the same coordination process used for point-to-point microwave bands licensed under Part 101 of our rules. That process has been used successfully by many small entities. The coordination process gives licensees the ability to analyze and work out potential 59 Id. 60 See 13 CFR § 121.201, NAICS Code 334220. 61 See U.S. Census Bureau, 2017 Economic Census of the United States, Employment Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 334220, https://data.census.gov/cedsci/table?y=2017&n=334220&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePrevie w=false. At this time, the 2022 Economic Census data is not available. https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/31SG2//naics~334220. 62 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. 63 5 U.S.C. § 604(a)(5). 45 Federal Communications Commission FCC-CIRC2504-02 interference issues based on the nature of the systems involved. Furthermore, by requiring potential interference conflicts are worked out prior to the filing of registrations with the Commission, these procedures will minimize compliance burdens on both licensees and the Commission. F. Discussion of Steps Taken to Minimize the Significant Economic Impact on Small Entities, and Significant Alternatives Considered 27. The RFA requires an agency to provide, “a description of the steps the agency has taken to minimize the significant economic impact on small entities…including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected.”64 28. The Commission does not believe that its adopted changes will have a significant economic impact on small entities, however, in reaching our conclusions, we have taken steps to minimize potential significant economic impact on small entities and also considered alternative possibilities. For example, the rules we adopt today facilitate spectrum sharing by multiple entities and remove unnecessary barriers to accessing spectrum. Additionally, the Commission considered and rejected adopting geographic area licensing in this band While we have taken the potential concerns of small entities into account, we note that these costs are necessary to effectuate the purpose of the Communications Act, namely, to further the efficient use of spectrum and to prevent spectrum warehousing. Likewise, compliance with our service and technical rules and coordination requirements are necessary for the furtherance of our goals of protecting the public while also providing interference free services. Moreover, while small and large businesses must equally comply with these rules and requirements, we have taken the steps described below to help alleviate the burden on small businesses that seek to comply with these requirements. To the extent practicable, we are using existing systems and processes that small businesses should be familiar with, thereby making it easier for them to access Lower 37 GHz band spectrum and minimizing their costs. For example, when coordinating with other non- federal operators, licensees will use the same coordination process used for Fixed Microwave Services under part 101 of our rules. Also, when filing site registrations, licensees will use ULS, which is used for virtually all wireless authorizations. G. Report to Congress 29. The Commission will send a copy of the Report and Order and Sixth Report and Order, including this FRFA, in a report to Congress pursuant to the Congressional Review Act.65 In addition, the Commission will send a copy of the Report and Order and Sixth Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA and will publish a copy of the Report and Order and Sixth Report and Order, and this FRFA (or summaries thereof) in the Federal Register.66 64 Id. § 604(a)(6). 65 Id. § 801(a)(1)(A). 66 Id. § 604(b). 46 Federal Communications Commission FCC-CIRC2504-02 APPENDIX C Initial Regulatory Flexibility Analysis 1. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),1 the Federal Communications Commission (Commission) has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the policies and rules proposed in the Further Notice of Proposed Rulemaking (FNPRM) assessing the possible significant economic impact on a substantial number of small entities. The Commission requests written public comments on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments specified on the first page of the FNPRM. The Commission will send a copy of the FNPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).2 In addition, the FNPRM and IRFA (or summaries thereof) will be published in the Federal Register.3 A. Need for, and Objectives of, the Proposed Rules 2. In the FNPRM, the Commission seeks comment on whether to adopt Resolution 243, which established a -23 dBW/200 MHz emissions limit, for operations in the 37-38 GHz band. Such an approach, if adopted, would be taken in order to protect passive sensors in the 36-37 GHz band. In addition, the Commission also asks commenters utilizing the 37-38 GHz band, some of which are small entities, to provide specific technical information to support their arguments regarding the appropriate emission limit for this band. Lastly, the Commission seeks comment on how to treat existing equipment and 37.6-38.6 GHz (Upper 37 GHz band) deployments. Through the actions it ultimately takes as a result of the FNPRM, the Commission seeks to achieve its objective of ensuring the protection of Earth Exploration Satellite Service (EESS) passive operations in the 36-37 GHz band, which are critical for accurate climate monitoring and weather forecasting as well as fulfillment of military missions. 3. The Commission also seeks comment on allowing consideration of clutter when generating the Phase One coordination contours. Considering clutter would reduce the number of potential contour overlaps, conserve applicants’ resources by eliminating unnecessary Phase Two coordinations, and allow for a more accurate analysis of potential interference. 4. Finally, the Commission proposes to correct one of its technical rules. In 2016, the Commission intended to adopt a PFD of -77.6 dBm/m2/MHz.4 The adopted rule, however, lists a different value: -76 dBm/m2/MHz.5 We believe it is in the public interest to correct that error and amend the rule to have the rule reflect the Commission’s intent. B. Legal Basis 5. The proposed action is authorized pursuant to sections 4(i), 301, 302, 303(r), 308, 309, and 333 of the Communications Act of 1934, 47 U.S.C. §§ 154(i), 301, 302a, 303(r), 308, 309, 333. C. Description and Estimate of the Number of Small Entities to Which the Proposed 1 5 U.S.C. §§ 601 et seq., as amended by the Small Business Regulatory Enforcement and Fairness Act (SBREFA), Pub. L. No. 104-121, 110 Stat. 847 (1996). 2 Id. § 603(a). 3 Id. 4 See 2016 Order, 31 FCC Rcd at 8124, para. 312 (“Therefore, we will adopt a market border PFD limit of -77.6 dBm/m2/MHz measured at 1.5 meters above ground.”) 5 See 47 CFR § 30.204. 47 Federal Communications Commission FCC-CIRC2504-02 Rules Will Apply 6. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted.6 The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.”7 In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act.8 A “small business concern” is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.9 7. Small Businesses, Small Organizations, Small Governmental Jurisdictions. Our actions, over time, may affect small entities that are not easily categorized at present. We therefore describe, at the outset, three broad groups of small entities that could be directly affected herein.10 First, while there are industry specific size standards for small businesses that are used in the regulatory flexibility analysis, according to data from the Small Business Administration’s (SBA) Office of Advocacy, in general a small business is an independent business having fewer than 500 employees.11 These types of small businesses represent 99.9% of all businesses in the United States, which translates to 34.75 million businesses.12 8. Next, the type of small entity described as a “small organization” is generally “any not- for-profit enterprise which is independently owned and operated and is not dominant in its field.”13 The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 or less to delineate its annual electronic filing requirements for small exempt organizations.14 Nationwide, for tax year 2022, there were approximately 530,109 small exempt organizations in the U.S. reporting revenues of $50,000 or less according to the registration and tax data for exempt organizations available from the IRS.15 6 Id. § 603(b)(3). 7 Id. § 601(6). 8 Id. § 601(3) (incorporating by reference the definition of “small-business concern” in the Small Business Act, 15 U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.” 9 15 U.S.C. § 632. 10 5 U.S.C. § 601(3)-(6). 11 See SBA, Office of Advocacy, Frequently Asked Questions About Small Business 1 (July 23, 2024), https://advocacy.sba.gov/wp-content/uploads/2024/12/Frequently-Asked-Questions-About-Small-Business_2024- 508.pdf. 12 Id. 13 5 U.S.C. § 601(4). 14 The IRS benchmark is similar to the population of less than 50,000 benchmark in 5 U.S.C § 601(5) that is used to define a small governmental jurisdiction. Therefore, the IRS benchmark has been used to estimate the number of small organizations in this small entity description. See Annual Electronic Filing Requirement for Small Exempt Organizations – Form 990-N (e-Postcard), “Who must file,” https://www.irs.gov/charities-non-profits/annual- electronic-filing-requirement-for-small-exempt-organizations-form-990-n-e-postcard. We note that the IRS data does not provide information on whether a small exempt organization is independently owned and operated or dominant in its field. 15 See Exempt Organizations Business Master File Extract (EO BMF), “CSV Files by Region,” https://www.irs.gov/charities-non-profits/exempt-organizations-business-master-file-extract-eo-bmf. The IRS Exempt Organization Business Master File (EO BMF) Extract provides information on all registered tax- exempt/non-profit organizations. The data utilized for purposes of this description was extracted from the IRS EO (continued….) 48 Federal Communications Commission FCC-CIRC2504-02 9. Finally, the small entity described as a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.”16 U.S. Census Bureau data from the 2022 Census of Governments17 indicate there were 90,837 local governmental jurisdictions consisting of general purpose governments and special purpose governments in the United States.18 Of this number, there were 36,845 general purpose governments (county,19 municipal, and town or township20) with populations of less than 50,000 and 11,879 special purpose governments (independent school districts21) with enrollment populations of less than 50,000.22 Accordingly, based on the 2022 U.S. Census of Governments data, we estimate that at least 48,724 entities fall into the category of “small governmental jurisdictions.”23 10. Wireless Telecommunications Carriers (except Satellite). This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves.24 Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular services, paging services, wireless Internet access, and BMF data for businesses for the tax year 2022 with revenue less than or equal to $50,000 for Region 1-Northeast Area (71,897), Region 2-Mid-Atlantic and Great Lakes Areas (197,296), and Region 3-Gulf Coast and Pacific Coast Areas (260,447) that includes the continental U.S., Alaska, and Hawaii. This data includes information for Puerto Rico (469). 16 5 U.S.C. § 601(5). 17 13 U.S.C. § 161. The Census of Governments survey is conducted every five (5) years compiling data for years ending with “2” and “7”. See also Census of Governments, https://www.census.gov/programs-surveys/economic- census/year/2022/about.html. 18 See U.S. Census Bureau, 2022 Census of Governments – Organization Table 2. Local Governments by Type and State: 2022 [CG2200ORG02], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. Local governmental jurisdictions are made up of general purpose governments (county, municipal and town or township) and special purpose governments (special districts and independent school districts). See also tbl.2. CG2200ORG02 Table Notes_Local Governments by Type and State_2022. 19 See id. at tbl.5. County Governments by Population-Size Group and State: 2022 [CG2200ORG05], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. There were 2,097 county governments with populations less than 50,000. This category does not include subcounty (municipal and township) governments. 20 See id. at tbl.6. Subcounty General-Purpose Governments by Population-Size Group and State: 2022 [CG2200ORG06], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. There were 18,693 municipal and 16,055 town and township governments with populations less than 50,000. 21 See id. at tbl.10. Elementary and Secondary School Systems by Enrollment-Size Group and State: 2022 [CG2200ORG10], https://www.census.gov/data/tables/2022/econ/gus/2022-governments.html. There were 11,879 independent school districts with enrollment populations less than 50,000. See also tbl.4. Special-Purpose Local Governments by State Census Years 1942 to 2022 [CG2200ORG04], CG2200ORG04 Table Notes_Special Purpose Local Governments by State_Census Years 1942 to 2022. 22 While the special purpose governments category also includes local special district governments, the 2022 Census of Governments data does not provide data aggregated based on population size for the special purpose governments category. Therefore, only data from independent school districts is included in the special purpose governments category. 23 This total is derived from the sum of the number of general purpose governments (county, municipal and town or township) with populations of less than 50,000 (36,845) and the number of special purpose governments - independent school districts with enrollment populations of less than 50,000 (11,879), from the 2022 Census of Governments - Organizations tbls. 5, 6 & 10. 24 See U.S. Census Bureau, 2017 NAICS Definition, “517312 Wireless Telecommunications Carriers (except Satellite),” https://www.census.gov/naics/?input=517312&year=2017&details=517312. 49 Federal Communications Commission FCC-CIRC2504-02 wireless video services.25 The SBA size standard for this industry classifies a business as small if it has 1,500 or fewer employees.26 U.S. Census Bureau data for 2017 show that there were 2,893 firms in this industry that operated for the entire year.27 Of that number, 2,837 firms employed fewer than 250 employees.28 Additionally, based on Commission data in the 2022 Universal Service Monitoring Report, as of December 31, 2021, there were 594 providers that reported they were engaged in the provision of wireless services.29 Of these providers, the Commission estimates that 511 providers have 1,500 or fewer employees.30 Consequently, using the SBA’s small business size standard, most of these providers can be considered small entities. 11. Fixed Microwave Services. Fixed microwave services include common carrier,31 private- operational fixed,32 and broadcast auxiliary radio services.33 They also include the Upper Microwave Flexible Use Service (UMFUS),34 Millimeter Wave Service (70/80/90 GHz),35 Local Multipoint Distribution Service (LMDS),36 the Digital Electronic Message Service (DEMS),37 24 GHz Service,38 Multiple Address Systems (MAS),39 and Multichannel Video Distribution and Data Service (MVDDS),40 where in some bands licensees can choose between common carrier and non-common carrier status.41 Wireless Telecommunications Carriers (except Satellite)42 is the closest industry with a SBA small business size standard applicable to these services. The SBA small size standard for this industry 25 Id. 26 See 13 CFR § 121.201, NAICS Code 517312 (as of 10/1/22, NAICS Code 517112). 27 See U.S. Census Bureau, 2017 Economic Census of the United States, Employment Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517312, https://data.census.gov/cedsci/table?y=2017&n=517312&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePrevie w=false. At this time, the 2022 Economic Census data is not available. 28 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. 29 Federal-State Joint Board on Universal Service, Universal Service Monitoring Report at 26, Table 1.12 (2022), https://docs.fcc.gov/public/attachments/DOC-391070A1.pdf. 30 Id. 31 See 47 CFR Part 101, Subparts C and I. 32 See id. Subparts C and H. 33 Auxiliary Microwave Service is governed by Part 74 of Title 47 of the Commission’s Rules. See 47 CFR Part 74. Available to licensees of broadcast stations and to broadcast and cable network entities, broadcast auxiliary microwave stations are used for relaying broadcast television signals from the studio to the transmitter, or between two points such as a main studio and an auxiliary studio. The service also includes mobile TV pickups, which relay signals from a remote location back to the studio. 34 See 47 CFR Part 30. 35 See 47 CFR Part 101, Subpart Q. 36 See id. Subpart L. 37 See id. Subpart G. 38 See id. 39 See id. Subpart O. 40 See id. Subpart P. 41 See 47 CFR §§ 101.533, 101.1017. 42 See U.S. Census Bureau, 2017 NAICS Definition, “517312 Wireless Telecommunications Carriers (except Satellite),” https://www.census.gov/naics/?input=517312&year=2017&details=517312. 50 Federal Communications Commission FCC-CIRC2504-02 classifies a business as small if it has 1,500 or fewer employees.43 U.S. Census Bureau data for 2017 show that there were 2,893 firms that operated in this industry for the entire year.44 Of this number, 2,837 firms employed fewer than 250 employees.45 Thus under the SBA size standard, the Commission estimates that a majority of fixed microwave service licensees can be considered small. 12. The Commission’s small business size standards with respect to fixed microwave services involve eligibility for bidding credits in the auction of spectrum licenses for the various frequency bands included in fixed microwave services. When bidding credits are adopted for the auction of licenses in fixed microwave services frequency bands, such credits may be available to several types of small businesses based average gross revenues (small, very small and entrepreneur) pursuant to the competitive bidding rules adopted in conjunction with the requirements for the auction and/or as identified in Part 101 of the Commission’s rules for the specific fixed microwave services frequency bands.46 13. In frequency bands where licenses were assigned by auction, the Commission notes that as a general matter, the number of winning bidders that qualify as small businesses at the close of an auction does not necessarily represent the number of small businesses currently in service. Further, the Commission does not generally track subsequent business size unless, in the context of assignments or transfers, unjust enrichment issues are implicated. Additionally, since the Commission does not collect data on the number of employees for licensees providing these services, at this time we are not able to estimate the number of licensees with active licenses that would qualify as small under the SBA’s small business size standard. 14. Satellite Telecommunications. This industry comprises firms “primarily engaged in providing telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.”47 Satellite telecommunications service providers include satellite and earth station operators. The SBA small business size standard for this industry classifies a business with $44 million or less in annual receipts as small.48 U.S. Census Bureau data for 2017 show that 275 firms in this industry operated for the entire year.49 Of this number, 242 firms had revenue of less than $25 million.50 Consequently, using the SBA’s small business size standard most satellite telecommunications service providers can be considered small entities. The Commission notes however, that the SBA's revenue small business size standard is applicable to a broad scope of satellite 43 See 13 CFR § 121.201, NAICS Code 517312 (as of 10/1/22, NAICS Code 517112). 44 See U.S. Census Bureau, 2017 Economic Census of the United States, Employment Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517312, https://data.census.gov/cedsci/table?y=2017&n=517312&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePrevie w=false. 45 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. 46 See 47 CFR §§ 101.538(a)(1)-(3), 101.1112(b)-(d), 101.1319(a)(1)-(2), and 101.1429(a)(1)-(3). 47 See U.S. Census Bureau, 2017 NAICS Definition, “517410 Satellite Telecommunications,” https://www.census.gov/naics/?input=517410&year=2017&details=517410. 48 See 13 CFR § 121.201, NAICS Code 517410. 49 See U.S. Census Bureau, 2017 Economic Census of the United States, Selected Sectors: Sales, Value of Shipments, or Revenue Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code 517410, https://data.census.gov/cedsci/table?y=2017&n=517410&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePrevie w=false. At this time, the 2022 Economic Census data is not available. 50 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. We also note that according to the U.S. Census Bureau glossary, the terms receipts and revenues are used interchangeably, see https://www.census.gov/glossary/#term_ReceiptsRevenueServices. 51 Federal Communications Commission FCC-CIRC2504-02 telecommunications providers included in the U.S. Census Bureau's Satellite Telecommunications industry definition. Additionally, the Commission neither requests nor collects annual revenue information from satellite telecommunications providers, and is therefore unable to more accurately estimate the number of satellite telecommunications providers that would be classified as a small business under the SBA size standard. 15. All Other Telecommunications. This industry is comprised of establishments primarily engaged in providing specialized telecommunications services, such as satellite tracking, communications telemetry, and radar station operation.51 This industry also includes establishments primarily engaged in providing satellite terminal stations and associated facilities connected with one or more terrestrial systems and capable of transmitting telecommunications to, and receiving telecommunications from, satellite systems.52 Providers of Internet services (e.g. dial-up ISPs) or Voice over Internet Protocol (VoIP) services, via client-supplied telecommunications connections are also included in this industry.53 The SBA small business size standard for this industry classifies firms with annual receipts of $40 million or less as small.54 U.S. Census Bureau data for 2017 show that there were 1,079 firms in this industry that operated for the entire year.55 Of those firms, 1,039 had revenue of less than $25 million.56 Based on this data, the Commission estimates that the majority of “All Other Telecommunications” firms can be considered small. 16. Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment.57 Examples of products made by these establishments are: transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment.58 The SBA small business size standard for this industry classifies businesses having 1,250 employees or less as small.59 U.S. Census Bureau data for 2017 show that there were 656 firms in this industry that operated for the entire year.60 Of this number, 624 firms had fewer than 250 51 See U.S. Census Bureau, 2017 NAICS Definition, “517919 All Other Telecommunications,” https://www.census.gov/naics/?input=517919&year=2017&details=517919. 52 Id. 53 Id. 54 See 13 CFR § 121.201, NAICS Code 517919 (as of 10/1/22, NAICS Code 517810). 55 See U.S. Census Bureau, 2017 Economic Census of the United States, Selected Sectors: Sales, Value of Shipments, or Revenue Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code 517919, https://data.census.gov/cedsci/table?y=2017&n=517919&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePrevie w=false. At this time, the 2022 Economic Census data is not available. 56 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. We also note that according to the U.S. Census Bureau glossary, the terms receipts and revenues are used interchangeably, see https://www.census.gov/glossary/#term_ReceiptsRevenueServices. 57 See U.S. Census Bureau, 2017 NAICS Definition, “334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing,” https://www.census.gov/naics/?input=334220&year=2017&details=334220. 58 Id. 59 See 13 CFR § 121.201, NAICS Code 334220. 60 See U.S. Census Bureau, 2017 Economic Census of the United States, Employment Size of Firms for the U.S.: 2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 334220, https://data.census.gov/cedsci/table?y=2017&n=334220&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePrevie w=false. At this time, the 2022 Economic Census data is not available. https://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/31SG2//naics~334220 52 Federal Communications Commission FCC-CIRC2504-02 employees.61 Thus, under the SBA size standard, the majority of firms in this industry can be considered small. D. Description of Economic Impact and Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities 17. The RFA directs agencies to describe the economic impact of the proposed rules on small entities, as well as projected reporting, recordkeeping and other compliance requirements, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record.62 18. None of the rules on which the Commission is seeking comment would impose a new reporting or recordkeeping requirement. If the FNPRM’s proposal to adopt the Resolution 243 emissions limit were adopted, it will not impose any new reporting or recordkeeping requirements on small entities. The At this time, the record does not include sufficient cost/benefit analyses to allow the Commission to quantify the costs of compliance for small entities including whether it will be necessary for small entities to hire professionals to comply with the proposed rules if adopted. We expect the comments we receive from small entities will include information addressing costs, service impacts, and other matters of concern, which should help the Commission identify and evaluate what actions, if any, the Commission should take to minimize the cost of compliance on small entities. Through the comment process, the Commission also seeks to address other relevant issues for small entities, including compliance costs and other burdens that may result from the matters raised in the FNPRM, before adopting final rules. 19. With respect to the proposal to consider clutter in Phase One coordination, the Commission does not believe that adoption of this proposal would impose significant costs on small entities. Indeed, by shrinking the Phase One coordination contours, considering clutter would provide greater opportunities for reuse of spectrum in a given area and reduce the number of times licensees would have to incur expenditures by engaging in Phase Two coordination. 20. Finally, we are not aware of any costs that would be imposed on small entities by correcting our technical rule to include the correct value for power flux density. E. Discussion of Significant Alternatives Considered That Minimize the Significant Economic Impact on Small Entities 21. The RFA directs agencies to provide a description of any significant alternatives to the proposed rules that would accomplish the stated objectives of applicable statutes, and minimize any significant economic impact on small entities.63 The discussion is required to include alternatives such as: “(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.”64 22. In the FNPRM, the Commission considered alternatives such as, for example, maintaining the existing emissions limits. If such an approach were to be adopted, small entities would not be subject to increased compliance costs. However, certain parties contend our existing requirements may not provide the necessary protections for passive satellite operations to operate in the 36-37 GHz band and might make it difficult for EESS to make observations free from harmful interference, thereby 61 Id. The available U.S. Census Bureau data does not provide a more precise estimate of the number of firms that meet the SBA size standard. 62 5 U.S.C. § 603(b)(4). 63 Id. § 603(c). 64 Id. § 603(c)(1) - (4). 53 Federal Communications Commission FCC-CIRC2504-02 jeopardizing the accuracy of critical weather forecasting and climatology science data. Conversely, the Commission also considered, but declined to seek comment on, stricter emissions limits than those contained in Resolution 243. Adopting such an approach would likely create additional compliance burdens on small or other entities currently operating in the 37-38 GHz band. 23. Information contained in comments referring to data on the costs and economic impact of the proposals and approaches discussed in the FNPRM will allow the Commission to better evaluate options and alternatives for minimizing the significant economic impact on small entities should the Resolution 243 emissions limit be adopted. Accordingly, we expect to more fully consider the economic impact on small entities following our review of comments filed in response to the FNPRM. F. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rules 24. None. 54 Federal Communications Commission FCC-CIRC2504-02 APPENDIX D List of Relevant Commenters to 2018 (Third) Further Notice Comments AT&T Services Inc. (AT&T) Competitive Carriers Association (CCA) CTIA Dynamic Spectrum Alliance (DSA) Ericsson Federated Wireless, Inc. (Federated Wireless) Intel Corporation and Cisco Systems, Inc. (Intel/Cisco) Open Technology Institute at New America (New America) Nokia Petri Mähönen, Ljiljana Simić and Pierre de Vries (de Vries) Qualcomm Incorporated (Qualcomm) Starry, Inc. (Starry) Telecommunications Industry Association (TIA) T-Mobile USA, Inc. (T-Mobile) Wireless Internet Service Providers Association (WISPA) Reply Comments AT&T DSA Enterprise Wireless Association (EWA) Federated Wireless Intel/Cisco Starry TIA T-Mobile List of Commenters to 2024 Public Notice, WT Docket No. 24-243 Comments AT&T Charter Communications, Inc., Federated Wireless, Inc., Open Technology Institute at New America, Qualcomm Incorporated, Starry, Inc., WISPA (Joint Commenters) Comsearch, a CommScope Company (Comsearch) CTIA DSA Ericsson Federated Wireless INCOMPAS Micronet Communications, Inc. (Micronet) NAS – CORF NCTA – The Internet & Television Association (NCTA) Starry, Inc. Verizon Ex Parte Filings American Geophysical Union, American Meteorological Society, National Weather Association, 55 Federal Communications Commission FCC-CIRC2504-02 University Corporation for Atmospheric Research (AGU/AMS/NWA/UCAR) Federated Wireless NTIA (DoD/NTIA Report) Starry WISPA 56