Federal Communications Commission	DA 22-960


DA 22-960 
Released:  September 15, 2022

WIRELESS TELECOMMUNICATIONS BUREAU, OFFICE OF ENGINEERING AND TECHNOLOGY, AND INTERNATIONAL BUREAU REMIND GRANDFATHERED FIXED SATELLITE SERVICE LICENSEES IN THE 3.6-3.7 GHZ BAND TO SUBMIT ANNUAL REGISTRATION UPDATES
GN Docket No. 17-258
By this Public Notice, the Wireless Telecommunications Bureau, Office of Engineering and Technology, and the International Bureau (Bureaus and Office) remind grandfathered Fixed Satellite Service (FSS) earth station operators in the 3.6-3.7 GHz band of their annual registration requirements and establish a one-time, 30-day grace period for fulfilling those requirements for the remainder of 2022.  All such registrations must be submitted via the 3.5 GHz FSS Database. See Wireless Telecommunications Bureau, Office of Engineering and Technology, and International Bureau Announce the Initial Filing Window and Procedures for Registration of Fixed Satellite Service Earth Stations Entitled to Protection from 3.5 GHz Citizens Broadband Radio Service, GN Docket No. 17-258, Public Notice, DA 18-623, 33 FCC Rcd 6033 (WTB/OET/IB 2018) (FSS Registration Public Notice); see also 47 CFR§ 96.17.
  The Bureaus and Office also remind FSS operators that only those earth stations that meet the qualification requirements in section 96.17 of the Commission’s rules may register for protection in the 3.5 GHz FSS database. Only FSS earth stations with primary status in the band are eligible to register for protection in the 3.5 GHz FSS Database.  In the 3.6-3.65 GHz band, only FSS earth stations authorized prior to, or granted as a result of an application filed prior to, July 23, 2015, and constructed within 12 months of initial authorization may continue to operate on a primary basis.  See 47 CFR §§ 96.17 and 2.106, note US107.   In the 3.65-3.7 GHz band, only FSS earth stations that were authorized prior to December 1, 2000, or granted as a result of an application filed prior to December 1, 2000, and constructed within 12 months of initial authorization may continue to operate on a primary basis.  See 47 CFR §§ 96.17(a)(1), 96.21(c), 90.1331(a), 2.106, note NG169.  In the 3.7-4.2 GHz band, FSS earth stations used for telemetry, tracking, and control (TT&C) operations band may also register for protection.  FSS earth stations operating in the 3.7-4.2 GHz band are otherwise ineligible to register in the 3.5 GHz FSS Database.  See 47 CFR § 96.17(b).
 
In developing the rules governing the Citizens Broadband Radio Service, the Commission adopted various measures, including establishing a registration process, to protect qualified in-band FSS earth stations as well as adjacent band FSS earth stations used for telemetry, tracking, and control. Amendment of the Commission’s Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, Order on Reconsideration and Second Report and Order, 31 FCC Rcd 5011, 5053, 5055, paras. 152, 158 (2016) (3.5 GHz Second R&O); 47 CFR § 96.17.  See Amendment of the Commission’s Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, Report and Order and Second Further Notice of Proposed Rulemaking, 30 FCC Rcd 3959, 4042, para. 277 (3.6-3.65 GHz band operations) and at 4047, para. 292 (C-band operations) (2015) (3.5 GHz First R&O); see also 3.5 GHz Second R&O, 31 FCC Rcd at 5054, para. 136 (grandfathered FSS earth station operations). 
  On June 15, 2018, the Bureaus and Office released a Public Notice (FSS Registration Public Notice) announcing the opening of the filing window for initial registration of FSS earth stations entitled to protection from Citizens Broadband Radio Service users and communicating detailed instructions to earth station licensees regarding completion of the registration process. See FSS Registration Public Notice. 
  These instructions can also be found via the following link: https://www.fcc.gov/wireless/bureau-divisions/broadband-division/35-ghz-band-protected-fixed-satellite-service-fss-earth#block-menu-block-4.  All registrations must be renewed annually by December 1, 2022, for the registration to be valid at the beginning of next year, January 1, 2023.  The annual registration requirement is specified in 47 CFR § 96.17(d)(1). “FSS earth station licensees requesting protection under this part must register with the Commission annually, no later than 30 days before the end of the preceding calendar year, or upon making changes to any of the operational parameters listed in this section.  Registration information shall be made available to all approved SASs.”  47 CFR § 96.17(d).  This includes information required by the Commission’s rules as well as additional information necessary to ensure that SASs can appropriately protect registered FSS earth stations.  “Annual registration for each earth station shall include, at a minimum: (i) The earth station's geographic location (Using NAD83 coordinates); (ii) Antenna gain; (iii) Azimuth and elevation antenna gain pattern; (iv) Antenna azimuth relative to true north; and (v) Antenna elevation angle. (vi) Whether the earth station is used for satellite telemetry, tracking, and control (for earth stations in the 3700-4200 MHz band).”  47 CFR § 96.17(d)(1).     

We note that some FSS earth station operators may not have completed their annual registration for 2022.  The deadline was December 1, 2021. We recognize that this is a relatively new process and so, to avoid any unnecessary service interruptions, we are providing a one-time grace period for any FSS earth station licensee that failed to submit its 2022 annual registration.  All qualified FSS earth station operators will have until October 17, 2022 to update their registrations for the remainder of 2022.  After October 17, 2022, registrations that have not been completed for 2022 may be deactivated or deleted, and the site will no longer merit protection by the Spectrum Access System (SAS) administrators.  Consistent with established policy, the Bureaus and Office will continue to accept late-filed registrations and renewals, including registrations submitted after deactivation, and the SAS administrators will reinstate protections as soon as reasonably practicable after filing. See Wireless Telecommunications Bureau, Office of Engineering and Technology, and International Bureau Announce Procedures for Registration of Fixed Satellite Service Earth Stations Entitled to Protection from the 3.5 GHz Citizens Broadband Radio Service, Public Notice, 32 FCC Rcd 10419, 10421 (WTB/OET/IB 2017).
 
FSS earth station licensees requesting protection must also update their registration in the event of a change in any of the operational parameters listed in part 96. Id.; see also 47 CFR § 96.17(d)(1).
  Accordingly, we remind all registrants of their obligation to remove or deactivate registrations for inactive sites (including any that may have been taken offline as a result of the 3.7 GHz band transition process). See Expanding Flexible Use of the 3.7 to 4.2 GHz Band, Report and Order and Order of Proposed Modification, 35 FCC Rcd 2343 (2020).
  As the Commission stated in the 3.5 GHz Second R&O, “the SAS must have access to accurate and up-to-date technical information in order to adequately protect licensed FSS earth stations.  Operators must update the registration if this information changes so that the SAS is able to consistently verify this information to provide ongoing protection to individual sites.” 3.5 GHz Second R&O, 31 FCC Rcd at 5055, para 159.  See also 47 CFR § 96.17(d) and 47 CFR § 1.17.
 
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 (voice), 202-418-0432 (TTY).  
Additional Information.  For further information regarding this Public Notice, please contact Paul Powell, Assistant Division Chief, Wireless Telecommunications Bureau, Mobility Division at paul.powell@fcc.gov or 202-418-1613; Kerry Murray, Attorney Advisor, International Bureau, Systems Analysis Branch at kerry.murray@fcc.gov or 202-418-0734 or IBFSINFO@fcc.gov; or Navid Golshahi, Electronics Engineer, Office of Engineering and Technology, Electromagnetic Compatibility Division at navid.golshahi@fcc.gov or 202-418-2422.
Customers with questions regarding filing registrations may contact the FCC Licensing Support via the web at https://www.fcc.gov/wireless/available-support-services, or by telephone at 877-480-3201 (select option #2).  The support hours of operation are 8 a.m. to 6 p.m. EST, Monday through Friday (except Federal holidays).
By the Acting Chief, Wireless Telecommunications Bureau, the Acting Chief, Office of Engineering and Technology, and the Chief, International Bureau.
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