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29930 Federal Register / Vol. 72, No.

103 / Wednesday, May 30, 2007 / Proposed Rules

FEDERAL COMMUNICATIONS information on the rulemaking process, • The Commission’s contractor will
COMMISSION see the SUPPLEMENTARY INFORMATION receive hand-delivered or messenger-
section of this document. delivered paper filings for the
47 CFR Part 27 FOR FURTHER INFORMATION CONTACT: John Commission’s Secretary at 236
[WT Docket No. 06–150; WT Docket No. 06– Branscome, Spectrum and Competition Massachusetts Avenue, NE., Suite 110,
169; PS Docket No. 06–229; WT Docket No. Policy Division, Wireless Washington, DC 20002. The filing hours
96–86; DA 07–2197] Telecommunications Bureau, at 202– at this location are 8 a.m. to 7 p.m. All
418–8205 or by e-mail at hand deliveries must be held together
Comment Sought on Google Proposals John.Branscome@fcc.gov. with rubber bands or fasteners. Any
Regarding Service Rules for 700 MHz envelopes must be disposed of before
SUPPLEMENTARY INFORMATION: This is a
Spectrum entering the building.
summary of the Public Notice released • Commercial overnight mail (other
AGENCY: Federal Communications May 24, 2007, DA 07–2197. Pursuant to than U.S. Postal Service Express Mail
Commission. §§ 1.415 and 1.419 of the Commission’s and Priority Mail) must be sent to 9300
ACTION: Proposed rule. rules, 47 CFR 1.415, 1.419, interested East Hampton Drive, Capitol Heights,
parties may file comments on or before MD 20743.
SUMMARY: In this document, the the date indicated on the first page of • U.S. Postal Service first-class,
Wireless Telecommunications Bureau this document. Comments may be filed Express, and Priority mail must be
seeks comments on a proposal recently using: (1) The Commission’s Electronic addressed to 445 12th Street, SW.,
submitted by Google regarding service Comment Filing System (ECFS), (2) the Washington DC 20554.
rules for the 700 MHz spectrum that is Federal Government’s eRulemaking People with Disabilities: To request
to be auctioned. Google requests that the Portal, or (3) by filing paper copies. See materials in accessible formats for
Commission clarify the service rules Electronic Filing of Documents in people with disabilities (braille, large
governing the 700 MHz bands and Rulemaking Proceedings, 63 FR 24121 print, electronic files, audio format),
declare that the rules allow the use of (1998). send an e-mail to fcc504@fcc.gov or call
‘‘dynamic auction mechanisms’’ such as • Electronic Filers: Comments may be the Consumer & Governmental Affairs
real-time auctions and per-device filed electronically using the Internet by Bureau at 202–418–0530 (voice), 202–
registration fees. Google also requests accessing the ECFS: http://www.fcc.gov/ 418–0432 (tty).
that the Commission posit at least cgb/ecfs/ or the Federal eRulemaking
whether it would be in the public Portal: http://www.regulations.gov. Synopsis of the Public Notice
interest to mandate the use of such Filers should follow the instructions On April 27, 2007, the Commission
mechanisms for some, or even all, of the provided on the Web site for submitting released a Report and Order (72 FR
commercial spectrum to be auctioned in comments. 27688) and Further Notice of Proposed
the 700 MHz bands. The document also • For ECFS filers, if multiple docket Rulemaking (72 FR 24238), which
seeks comment on Google’s proposal or rulemaking numbers appear in the addresses rules governing wireless
that the unpaired 6 megahertz E Block caption of this proceeding, filers must licenses in the 698–806 MHz Band
(722–728 MHz) in the current Lower transmit one electronic copy of the (herein, the ‘‘700 MHz Band’’). This
700 MHz band plan should be comments for each docket or spectrum currently is occupied by
designated primarily or exclusively to rulemaking number referenced in the television broadcasters in TV channels
be used for deployment of broadband caption. In completing the transmittal 52–69 and is being made available for
communications platforms. Finally, the screen, filers should include their full wireless services, including public
document seeks comment on the Initial name, U.S. Postal Service mailing safety and commercial services, as a
Regulatory Flexibility Analysis. address, and the applicable docket or result of the digital television (‘‘DTV’’)
DATES: Comments due on or before June rulemaking number. Parties may also transition. On May 21, 2007, Google Inc.
6, 2007 and reply comments are due on submit an electronic comment by (‘‘Google’’) filed an ex parte letter asking
or before June 13, 2007. Internet e-mail. To get filing that the Commission seek immediate
ADDRESSES: You may submit comments, instructions, filers should send an e- comment on certain proposals regarding
identified by WT Docket No. 06–150; mail to ecfs@fcc.gov, and include the the service rules for the 700 MHz Band
WT Docket No. 06–169; PS Docket No. following words in the body of the spectrum that is to be auctioned. In the
06–229; WT Docket No. 96–86, by any message, ‘‘get form.’’ A sample form and Public Notice, the Wireless
of the following methods: directions will be sent in response. Telecommunications Bureau seeks
• Federal eRulemaking Portal: http:// • Paper Filers: Parties who choose to comment on those proposals as well as
www.regulations.gov. Follow the file by paper must file an original and any other alternative approaches for
instructions for submitting comments. four copies of each filing. If more than conditioning the licenses that will be
• Federal Communications one docket or rulemaking number auctioned.
Commission’s Web site: http:// appears in the caption of this Google requests that the Commission
www.fcc.gov/cgb/ecfs/. Follow the proceeding, filers must submit two clarify that the Commission’s existing
instructions for submitting comments. additional copies for each additional rules governing commercial spectrum in
• E-mail: Include the docket numbers docket or rulemaking number. the 700 MHz Band already allow
in the subject line of the message. Filings can be sent by hand or licensees to utilize ‘‘dynamic auction
• People with Disabilities: Contact messenger delivery, by commercial mechanisms,’’ such as real-time
the FCC to request reasonable overnight courier, or by first-class or auctions and per-device registration
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accommodations (accessible format overnight U.S. Postal Service mail fees. In Google’s real-time airwaves
documents, sign language interpreters, (although we continue to experience auction model, a licensee could bestow
CART, etc.) by e-mail: FCC504@fcc.gov delays in receiving U.S. Postal Service the right to transmit an amount of power
or phone: 202–418–0530 or TTY: 202– mail). All filings must be addressed to for a unit of time, with the total amount
418–0432. the Commission’s Secretary, Office of of power in any location being limited
For detailed instructions for the Secretary, Federal Communications to a specified cap. According to Google,
submitting comments and additional Commission. as part of a real-time auction process,

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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules 29931

the communications device itself could this band on small entities. Accordingly, established by the Small Business
become key to the payment process. For this IRFA contains an analysis of this Administration (‘‘SBA’’).
example, a consumer’s price to purchase impact in connection with all spectrum Small Businesses. Nationwide, there
a device could include an airwaves that falls within the scope of this Public are a total of approximately 22.4 million
registration fee that would grant the Notice, including spectrum in the 746– small businesses, according to SBA
ability to gain unlimited use at a 806 MHz Band. data.
specified power level. The Public Notice Small Organizations. Nationwide,
seeks comment broadly on the extent to A. Need for, and Objectives of, the there are approximately 1.6 million
which the Commission’s existing rules Proposed Rules small organizations.
permit 700 MHz licensees to employ The Public Notice seeks comments Governmental Entities. The term
such ‘‘dynamic spectrum management broadly on a proposal recently ‘‘small governmental jurisdiction’’ is
techniques.’’ To the extent they are not submitted by Google and on any other defined as ‘‘governments of cities,
currently permitted, the Notice asks alternative approaches for conditioning towns, townships, villages, school
whether the Commission should modify the licenses that will be auctioned in the districts, or special districts, with a
any of its rules to permit their use. 700 MHz band. Google requests that the population of less than fifty thousand.’’
Google also requests that the Commission clarify the service rules As of 2002, there were approximately
Commission posit at least whether it governing the 700 MHz bands and 87,525 governmental jurisdictions in the
would be in the public interest to United States. This number includes
declare that the rules allow the use of
mandate the use of such techniques for 38,967 county governments,
‘‘dynamic auction’’ mechanisms such as
some, or even all, of the commercial municipalities, and townships, of which
real-time auctions and per-device
spectrum to be auctioned in the 700 37,373 (approximately 95.9%) have
registration fees. Google also asks the
MHz bands. The Public Notice seeks populations of fewer than 50,000, and of
Commission to consider whether it
comment on whether the Commission which 1,594 have populations of 50,000
would be in the public interest to
should mandate such an approach, and or more. Thus, we estimate the number
mandate such mechanisms for some, or
if so, to what extent. of small governmental jurisdictions
even all, of the commercial spectrum to
The Public Notice also seeks comment overall to be 85,931 or fewer.
be auctioned in the 700 MHz bands. The Wireless Service Providers. The SBA
on Google’s proposal that the unpaired
Public Notice also seeks comment on has developed a small business size
6 megahertz E Block (722–728 MHz) in
Google’s proposal that the unpaired 6 standard for wireless firms within the
the current Lower 700 MHz band plan
MHz E Block (722–728 MHz) in the two broad economic census categories
should be designated primarily or
current Lower 700 MHz band plan of ‘‘Paging’’ and ‘‘Cellular and Other
exclusively to be used for deployment of
should be designated primarily or Wireless Telecommunications.’’ Under
interactive, two-way broadband
exclusively to be used for deployment of both categories, the SBA deems a
services; connected to the public
broadband communications platforms. wireless business to be small if it has
internet; and used to support innovative
software-based applications, services B. Legal Basis 1,500 or fewer employees. For the
and devices. census category of Paging, Census
The legal authority for the actions Bureau data for 2002 show that there
Initial Regulatory Flexibility Analysis proposed in this Public Notice are were 807 firms in this category that
As required by the Regulatory contained in sections 1, 2, 4(i), 5(c), 7, operated for the entire year. Of this
Flexibility Act of 1980, as amended (the 10, 201, 202, 208, 214, 301, 302, 303, total, 804 firms had employment of 999
‘‘RFA’’), the Commission has prepared 307, 308, 309, 310, 311, 314, 316, 319, or fewer employees, and three firms had
this Initial Regulatory Flexibility 324, 332, 333, 336, 337, 614, 615, and employment of 1,000 employees or
Analysis (‘‘IRFA’’) of the possible 710 of the Communications Act of 1934, more. Thus, under this category and
significant economic impact of the as amended, 47 U.S.C. §§ 151, 152, associated small business size standard,
policies and rules proposed in the 154(i), 155(c), 157, 160, 201, 202, 208, the majority of firms can be considered
Public Notice on a substantial number 214, 301, 302, 303, 307, 308, 309, 310, small. For the census category of
of small entities. Written public 311, 314, 316, 319, 324, 332, 333, 336, Cellular and Other Wireless
comments are requested on this IRFA. 337, 534, 535, and 610. Telecommunications, Census Bureau
Comments must be identified as C. Description and Estimate of the data for 2002 show that there were 1,397
responses to the IRFA and must be filed Number of Small Entities to Which the firms in this category that operated for
by the deadline for comments on the Proposed Rules Will Apply the entire year. Of this total, 1,378 firms
Public Notice. The Commission will had employment of 999 or fewer
send a copy of the Public Notice, The RFA directs agencies to provide employees, and 19 firms had
including this IRFA, to the Chief a description of, and where feasible, an employment of 1,000 employees or
Counsel for Advocacy of the Small estimate of the number of small entities more. Thus, under this second category
Business Administration (‘‘SBA’’). In that may be affected by the proposed and size standard, the majority of firms
addition, the Public Notice and IRFA (or rules, if adopted. The RFA generally can, again, be considered small.
summaries thereof) will be published in defines the term ‘‘small entity’’ as Under this Public Notice, any of the
the Federal Register. having the same meaning as the terms changes to the Commission’s rules
Although Section 213 of the ‘‘small business,’’ ‘‘small organization,’’ which may occur as a result of the
Consolidated Appropriations Act of and ‘‘small governmental jurisdiction.’’ Public Notice would be limited to the
2000 provides that the RFA shall not In addition, the term ‘‘small business’’ 698–806 MHz spectrum band. Since this
hsrobinson on PROD1PC76 with PROPOSALS-1

apply to the rules and competitive has the same meaning as the term rulemaking proceeding applies to
bidding procedures for frequencies in ‘‘small business concern’’ under the services in that band, this IRFA analyzes
the 746–806 MHz Band, the Small Business Act. A ‘‘small business the number of small entities affected on
Commission believes that it would serve concern’’ is one which: (1) Is a service-by-service basis. When
the public interest to analyze the independently owned and operated; (2) identifying small entities that could be
possible significant economic impact of is not dominant in its field of operation; affected by the Commission’s new rules,
the proposed policy and rule changes in and (3) satisfies any additional criteria this IRFA provides information

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29932 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules

describing auctions results, including has average gross revenues not industry comprises establishments
the number of small entities that were exceeding $40 million for the preceding primarily engaged in manufacturing
winning bidders. However, the number three years. A very small business is radio and television broadcast and
of winning bidders that qualify as small defined as an entity that, together with wireless communications equipment.
businesses at the close of an auction its affiliates and controlling principals, Examples of products made by these
does not necessarily reflect the total has average gross revenues that are not establishments are: Transmitting and
number of small entities currently in a more than $15 million for the preceding receiving antennas, cable television
particular service. The Commission three years. Additionally, the Lower 700 equipment, GPS equipment, pagers,
does not generally require that licensees MHz Band has a third category of small cellular phones, mobile
later provide business size information, business status that may be claimed for communications equipment, and radio
except in the context of an assignment Metropolitan/Rural Service Area (MSA/ and television studio and broadcasting
or transfer of control application where RSA) licenses. The third category is equipment.’’ The SBA has developed a
unjust enrichment issues are implicated. entrepreneur, which is defined as an small business size standard for Radio
Consequently, to assist the Commission entity that, together with its affiliates and Television Broadcasting and
in analyzing the total number of and controlling principals, has average Wireless Communications Equipment
potentially affected small entities, the gross revenues that are not more than $3 Manufacturing, which is: All such firms
Commission requests commenters to million for the preceding three years. having 750 or fewer employees.
estimate the number of small entities The SBA has approved these small size According to Census Bureau data for
that may be affected by any rule changes standards. An auction of 740 licenses 2002, there were a total of 1,041
that might result from this Public (one license in each of the 734 MSAs/ establishments in this category that
Notice. RSAs and one license in each of the six operated for the entire year. Of this
700 MHz Guard Band Licenses. In the Economic Area Groupings (EAGs)) total, 1,010 had employment of under
700 MHz Guard Band Order, the commenced on August 27, 2002, and 500, and an additional 13 had
Commission adopted size standards for closed on September 18, 2002. Of the employment of 500 to 999. Thus, under
‘‘small businesses’’ and ‘‘very small 740 licenses available for auction, 484 this size standard, the majority of firms
businesses’’ for purposes of determining licenses were sold to 102 winning can be considered small.
their eligibility for special provisions bidders. Seventy-two of the winning
such as bidding credits and installment D. Description of Projected Reporting,
bidders claimed small business, very
payments. A small business in this Recordkeeping and Other Compliance
small business or entrepreneur status
service is an entity that, together with Requirements
and won a total of 329 licenses. A
its affiliates and controlling principals, second auction commenced on May 28, Google requests that the Commission
has average gross revenues not 2003, and closed on June 13, 2003, and clarify that the existing rules governing
exceeding $40 million for the preceding included 256 licenses: 5 EAG licenses the commercial bands of the 700 MHz
three years. Additionally, a ‘‘very small and 476 CMA licenses. Seventeen spectrum already allow licensees to
business’’ is an entity that, together with winning bidders claimed small or very utilize what it describes as ‘‘dynamic
its affiliates and controlling principals, small business status and won sixty spectrum management techniques.’’
has average gross revenues that are not licenses, and nine winning bidders Google provides as examples ‘‘real-time
more than $15 million for the preceding claimed entrepreneur status and won airwaves auctions’’ and ‘‘device-driven
three years. SBA approval of these 154 licenses. registration.’’ According to Google, in
definitions is not required. An auction Public Safety Radio Licensees. As a real-time airwaves auctions, a licensee
of 52 Major Economic Area (MEA) general matter, public safety radio can bestow the right to transmit an
licenses commenced on September 6, licensees include police, fire, local amount of power for a unit of time, with
2000, and closed on September 21, government, forestry conservation, the total amount of power in any
2000. Of the 104 licenses auctioned, 96 highway maintenance, and emergency location being limited to a specified cap.
licenses were sold to nine bidders. Five medical services. The SBA rules contain With a per-device registration process,
of these bidders were small businesses a small business size standard for Google states, the communications
that won a total of 26 licenses. A second cellular and other wireless device itself can become a key to the
auction of 700 MHz Guard Band telecommunications companies, which payment process, and that a consumer’s
licenses commenced on February 13, encompasses business entities engaged price to purchase a device could include
2001, and closed on February 21, 2001. in wireless communications employing an airwaves registration fee that would
All eight of the licenses auctioned were no more than 1,500 persons. According grant the ability to gain unlimited use at
sold to three bidders. One of these to Census Bureau data for 2002, in this a specified power level. Under its
bidders was a small business that won category there were 8,863 firms that proposal, Google states that a licensee
a total of two licenses. operated for the entire year. Of this would simply purchase spectrum
Upper 700 MHz Band Licenses. The total, 401 firms had 100 or more initially in the up-front auction, and
Commission released a Report and employees, and the remainder had then recover its costs over time by
Order authorizing service in the Upper fewer than 100 employees. With respect charging third parties for real-time and
700 MHz band. An auction for these to local governments, in particular, place use. The Public Notice seeks
licenses, previously scheduled for since many governmental entities as comment broadly on the extent to which
January 13, 2003, was postponed. well as private businesses comprise the the Commission’s existing rules permit
Lower 700 MHz Band Licenses. The licensees for these services, we include 700 MHz licensees to employ such
Commission adopted criteria for under public safety services the number ‘‘dynamic spectrum management
hsrobinson on PROD1PC76 with PROPOSALS-1

defining three groups of small of government entities affected. techniques,’’ and on whether the
businesses for purposes of determining Wireless Communications Equipment Commission should modify any of its
their eligibility for special provisions Manufacturers; Radio and Television rules to permit their use.
such as bidding credits. The Broadcasting and Wireless The Public Notice also seeks comment
Commission has defined a small Communications Equipment on Google’s request that the
business as an entity that, together with Manufacturing. The Census Bureau Commission posit at least whether it
its affiliates and controlling principals, defines this category as follows: ‘‘This would be in the public interest to

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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Proposed Rules 29933

mandate the use of such techniques for DEPARTMENT OF THE INTERIOR Public Information Solicited
some, or even all, of the commercial
spectrum to be auctioned in the 700 Fish and Wildlife Service When we make a finding that
MHz bands. substantial information is presented to
50 CFR Part 17 indicate that listing a species may be
The Public Notice also seeks comment warranted, we are required to promptly
on Google’s proposal that the unpaired Endangered and Threatened Wildlife commence a review of the status of the
6 MHz E Block (722–728 MHz) in the and Plants; 90-Day Finding on a species. To ensure that the status review
current Lower 700 MHz band plan Petition To List the Mt. Charleston Blue is complete and based on the best
should be designated primarily or Butterfly as Threatened or Endangered available scientific and commercial
exclusively to be used for deployment of information, we are soliciting
interactive, two-way broadband AGENCY: Fish and Wildlife Service, information on the Mt. Charleston blue
services; connected to the public Interior. butterfly. We request any additional
internet; and used to support innovative ACTION: Notice of 90-day petition information, comments, and suggestions
software-based applications, services finding. from the public, other concerned
and devices. governmental agencies, North American
SUMMARY: We, the Fish and Wildlife tribes, the scientific community,
E. Steps Taken To Minimize Significant Service (Service), announce a 90-day industry, or any other interested parties
Economic Impact on Small Entities and finding on a petition to list the Mt. concerning the status of the Mt.
Significant Alternatives Considered Charleston blue butterfly (Icaricia Charleston blue butterfly. We are
shasta charlestonensis) as threatened or seeking information regarding the
The RFA requires an agency to endangered under the Endangered
describe any significant, specifically subspecies’ historical and current status
Species Act of 1973, as amended (Act). and distribution, its ecology, ongoing
small business, alternatives that it has We find that the petition presents
considered in reaching its proposed conservation measures for the
substantial scientific or commercial subspecies and its habitat, and threats to
approach, which may include the information indicating that listing the
following four alternatives (among the subspecies and its habitat.
Mt. Charleston blue butterfly may be
others): ‘‘(1) The establishment of warranted. Therefore, with the We will base our 12 month finding on
differing compliance or reporting publication of this notice, we are a review of the best scientific and
requirements or timetables that take into initiating a status review of this commercial information available,
account the resources available to small subspecies, and we will issue a 12- including all information received
entities; (2) the clarification, month finding to determine if the during the public comment period. If
consolidation, or simplification of petitioned action is warranted. To you wish to provide comments you may
compliance and reporting requirements ensure that the status review of the Mt. submit your comments and materials
under the rule for such small entities; Charleston blue butterfly is concerning this finding to the Field
(3) the use of performance rather than comprehensive, we are soliciting Supervisor, Nevada Fish and Wildlife
design standards; and (4) an exemption scientific and commercial data Office (see ADDRESSES section). Please
from coverage of the rule, or any part regarding this subspecies. A note that comments merely stating
thereof, for such small entities.’’ determination on critical habitat will be support or opposition to the actions
made if and when a listing action is under consideration without providing
The Public Notice seeks comment on supporting information, although noted,
the relative merits of dynamic auction initiated for this subspecies.
will not be considered in making a
techniques. The Public Notice also seeks DATES: The finding announced in the
determination, as section 4(b)(1)(A) of
comment on whether the Commission document was made on May 30, 2007. the Act directs that determinations as to
should designate the unpaired 6 MHz E To be considered in the 12-month whether any species is a threatened or
Block (722–728 MHz) in the current finding for this petition, comments and endangered species shall be made
Lower 700 MHz band plan primarily or information should be submitted to us ‘‘solely on the basis of the best scientific
exclusively for deployment of by July 30, 2007. and commercial data available.’’ At the
broadband communications platforms. ADDRESSES: Data, information, conclusion of the status review, we will
To assist the Commission in its analysis, comments, or questions concerning this issue the 12-month finding on the
commenters are requested to provide petition and our finding should be petition, as provided in section
information regarding how small submitted to the Field Supervisor, 4(b)(3)(B) of the Act.
entities would be affected if the Nevada Fish and Wildlife Office, U.S. If you wish to comment or provide
Commission were to adopt Google’s Fish and Wildlife Service, by mail at information, you may submit your
proposals. Commenters should also 4701 North Torrey Pines Drive, Las comments and materials concerning this
provide information on alternative Vegas, NV, 89130, or by fax at (702) finding to the Field Supervisor (see
approaches to alleviate any potential 515–5231. The petition is available at ADDRESSES section). Before including
burdens on small entities. http://www.fws.gov/nevada. The your address, phone number, e-mail
petition, supporting data, and comments address, or other personal identifying
F. Federal Rules That May Duplicate, will be available for public inspection,
Overlap, or Conflict With the Proposed information in your comment, you
by appointment, during normal business should be aware that your entire
Rules hours at the Nevada Fish and Wildlife comment—including your personal
hsrobinson on PROD1PC76 with PROPOSALS-1

None. Office at the above address. identifying information—may be made


FOR FURTHER INFORMATION CONTACT: publicly available at any time. While
Federal Communications Commission.
Robert D. Williams, Field Supervisor, you can ask us in your comment to
James D. Schlichting, Nevada Fish and Wildlife Office (see withhold your personal identifying
Deputy Chief. ADDRESSES) (telephone 702/515–5230; information from public review, we
[FR Doc. E7–10417 Filed 5–29–07; 8:45 am] facsimile 702/515–5231). cannot guarantee that we will be able to
BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: do so.

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