Non-substantive Change Request Justification

May 17, 2022

FEDERAL COMMUNICATIONS COMMISSION

OMB Control Number: 3060-1294

Requested Action: Non-substantive change/non-material change request

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The Federal Communications Commission submits this non-substantive change request to the Office of Management and Budget (OMB) for approval of non-substantive/non-material change to the underlying information collection that is the subject matter of OMB Control Number 3060-1294.

On October 19, 2021, OMB approved certain information collections in connection with the Commission’s adoption of a Second Report and Order, FCC 21-32, GN Docket No. WT-19-348, (Second Report and Order) which created the new 3.45 GHz Service. OMB’s approval included information collection requirements associated with 27 CFR § 27.1603, which requires certain licensees in the band to coordinate with Federal incumbents who would remain in the band via the Department of Defense’s (DoD) online portal.

27.1603(c) Formal Coordination.  The 3.45 GHz Service licensee shall initiate by formally requesting access to operate within a Cooperative Planning Area and/or Periodic Use Area directly through the Department of Defense’s online portal.

 

27.1603 (d) Initiation, Timing, and Affirmative Concurrence.  A 3.45 GHz Service licensee must initiate a formal coordination request through the online provided by the Department of Defense.  Unless otherwise agreed between a 3.45 GHz Service licensee and the relevant federal incumbent(s), no formal coordination requests may be submitted until nine (9) months after the date of the auction closing Public Notice.  3.45 GHz Service licensees may request informal discussions (through the point of contact identified in the applicable Transition Plan) during this nine-month time period.  Unless otherwise agreed to in writing, the requirement to reach a coordination arrangement is satisfied only by obtaining the affirmative concurrence of the relevant federal incumbent(s) via the portal.  This requirement is not satisfied by omission.

As the Commission explained in its supporting statement:

Licensees in the 3.45 GHz Service which hold licenses that overlap with a Cooperative Planning Area or Periodic Use Area will be required to successfully coordinate their operations in these areas prior to operation.  This coordination may take the form of a mutually acceptable operator-to-operator coordination agreement between the licensee and the relevant Federal agency.  In the absence of such an agreement, this coordination will include a formal request for access through a Department of Defense online portal, which will include the submission of information related to the technical characteristics of the base stations and associated mobile units to be used in the covered area.  This requirement is contained both in 47 C.F.R. §27.1603 and in footnote US431B to the Table of Allocations, contained in 47 C.F.R. § 2.106.

In addition, in the supporting statement referenced the Second Report and Order, which required (at paragraphs 48-49) 3.45 GHz Service licensees wishing to submit a formal coordination request to:

include information about the technical characteristics for its base stations and associated mobile units relevant to operation within the Cooperative Planning Area and/or Periodic Use Area.  This information should be provided in accordance with the instructions provided in the DoD’s online portal user’s guide.  We expect that the data fields in the portal will include basic technical operating parameters (e.g., system technology, mobile EIRP, frequency block, channel bandwidth, site name, latitude, and longitude).  We also anticipate that the portal will accept attachments that include narratives that explain area-wide deployments.

3.45 GHz Service licensees must prioritize their deployments in the Cooperative Planning Area and/or Periodic Use Area for each federal incumbent when submitting a formal coordination request.  If a licensee is seeking to coordinate with multiple systems or multiple locations of operation controlled by one federal incumbent, it must specify the order in which it prefers the federal incumbent process the request (i.e., the order of systems or geographic locations).

The DoD is in the process of finalizing development of its coordination portal. According to a DoD presentation to stakeholders in April 2022, licensees submitting coordination requests via the online portal will upload two files to the portal, a coordination request cover letter and coordination request laydown data. At a minimum, the cover letter must include the date of submission, licensee’s name, relevant FCC partial economic area, license frequency block, contact information, and a request for coordination of a proposed laydown. The laydown data will be provided in a comma-delimited value (.csv) text file providing technical and operational information.

Section 27.1603 of the Commission’s rules requires certain licensees in the band to coordinate with Federal incumbents who will remain in the 3.45 GHz band. The Commission’s rules, supporting statement, and Second Report and Order all specify use of DoD’s online portal to collect relevant information that will be used to comply with this coordination requirement. Use of the information to be collected by the DoD’s coordination portal is limited to what is described in the supporting statement for the original information collection. The Commission requests a non-substantive change to OMB Control Number 3060-1294 to include DoD’s use of the number for its online coordination portal.

There is no change to the estimated burden hours or costs to respondents associated with this non-substantive change. Similarly, there is no change to Commission’s estimated burden hours or costs associated with this non-substantive change.