On October 24, 2018, the Commission
released a Report and Order, FCC 18-149 in GN Docket No. 17-158,
adopting limited changes to the rules governing Priority Access
Licenses (PALs) in the 3550-3700 MHz (3.5 GHz) band, including
larger license areas, longer license terms, renewability, and
performance requirements. The Commission anticipated that the
targeted changes made in its 2018 Report and Order will spur
additional investment and broader deployment in the band, promote
robust and efficient spectrum use, and help ensure the rapid
deployment of advanced wireless technologies—including 5G—in the
United States. The rule changes and information requirements
contained in the Commission’s previous 3.5 GHz band orders—the 2015
Report and Order, FCC 15-47, and 2016 Order on Reconsideration and
Second Report and Order, FCC 16-55, both in GN Docket No.
12-354—are also approved under this Office of Management and Budget
(OMB) control number (3060-1211) and have not changed since OMB
last approved them. Please see the previous OMB approvals for this
collection to identify what else is covered by this collection.
This supporting statement discusses only the performance
requirements from the 2018 Report and Order. The Commission seeks
approval from OMB for the information collection requirements
contained in the 2018 Report and Order, FCC 18-149, stemming from
the changes made to section 96.25(b) of it rules. The Commission
revised section 96.25(b) to adopt performance requirements for
Priority Access Licensees. Specifically, under the revised rule,
Priority Access Licensees must provide substantial service in their
license area by the end of the initial license term, i.e., at the
end of 10 years. “Substantial service” is defined as service which
is sound, favorable, and substantially above the level of mediocre
service which might minimally warrant renewal. Failure by any
licensee to meet this requirement will result in forfeiture of the
license without further Commission action, and the licensee will be
ineligible to regain it. Licensees shall demonstrate compliance
with the performance requirement by filing a construction
notification with the Commission in accordance with section
1.946(d) of the Commission’s rules. The licensee must certify
whether it has met the performance requirement, and file supporting
documentation, including description and demonstration of the bona
fide service provided, electronic maps accurately depicting the
boundaries of the license area and where in the license area the
licensee provides service that meets the performance requirement,
supporting technical documentation, any population-related
assumptions or data used in determining the population covered by a
service to the extent any were relied upon, and any other
information the Wireless Telecommunications Bureau may prescribe by
public notice. A licensee’s showing of substantial service may not
rely on service coverage outside of the PAL Protection Areas of
registered Citizens Broadband Radio Service Devices (CBSDs) or on
deployments that are not reflected in Spectrum Access System (SAS)
records of CBSD registrations.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Supporting Statement OMB 3060-1211 - 9-24-2019 (FCC 18149).docx
Commercial Operations in the 3550-3650 MHz Band