May 13 Agenda Items Released, With 900 MHz Draft Stressing Negotiations

The FCC retains 4 MHz of the 900 MHz for incumbent narrowband operations (see 2004210055). Commissioners are to vote May 13. “We substantially rely on a negotiation-based mechanism that leverages the speed and efficiency of private agreements between interested parties with knowledge of the existing spectral and operational environment,” the draft says: “We also recognize the need for continuity of narrowband operations, and therefore we retain four megahertz for such operations.” The draft said the spectrum is well-suited for broadband: It's “low-band spectrum, which is characterized by superior penetration and propagation characteristics and typically is associated with network reliability and reduced infrastructure costs.”

The FCC cites electric utilities that say they could use the band to monitor, manage and control their grids. New uses of the band mustn't disrupt current use, the FCC says. The agency would require licensees to return their narrowband frequencies in any county where they receive a broadband license. Licensees would have to make an anti-windfall payment, based on the value of the spectrum as found in the 600 MHz auction of comparable spectrum. The draft proposes to move the Association of American Railroads to similar spectrum from a “nationwide ribbon license surrounding railroad rights-of-way in six paired 12.5 kilohertz wide channels” in the band. “The record reflects that, given AAR’s prominent incumbency status in the proposed 900 MHz broadband segment, were AAR to not relocate … there would be virtually no county where a broadband license could be issued,” the draft says. AAR is reviewing the item.

To justify now charging foreign-flagged satellite operators regulatory fees, the draft order twice used the phrase "level the playing field." Those fees would be charged whether the foreign-flagged satellite has U.S. market access through a declaratory ruling or through an earth station applicant as a point of communication, it said. The order also would add four full-time employee equivalents to the satellite regulatory fee category to account for the work that benefits foreign-flagged satellite operators. The draft order said Ray Baum's Act allows it to now charge that regulatory fee. Some satellite operators disputed whether the legislation gives the agency that power (see 2023240047). The draft said as of Oct. 1, roughly 25 foreign-flagged satellites served the U.S. market through earth station licensees.

The agency wouldn't categorically lower regulatory fees for VHF stations to account for signal limitations. It said the FCC instead on a case by case will take into account terrain blockages for VHF stations. Broadcasters argued the proposed regulatory fees unfairly penalize VHF broadcasters (see 2001070042)

Commissioners also will vote on an accompanying NPRM on $339 million in FY 2020 regulatory fees.

On broadcaster application notices, given “the ease of Internet search,” the cost savings and “increased information yielded by online notice with links to the application outweigh the minimal benefit of publishing occasional notices in one local newspaper,” the draft said. The online notices would be required to appear on websites affiliated with the applicant or on “a locally targeted publicly accessible website.” The order would also shorten the required notices and eliminate prefiling requirements for on-air notices, the draft said.

The pair of ESIM orders would increase the number of bands used for connecting to geostationary orbit (GSO) fixed satellite service satellites and also create rules for ESIMs communicating with non-geostationary orbit FSS akin to the GSO regulatory regime, the agency said. The orders allow blanket earth station licensing to ESIMs communicating with NGSO FSS satellites and identify a variety of spectrum bands for use with GSO FSS and NGSO FSS services.