[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Notices]
[Pages 30956-30958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11004]
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FEDERAL COMMUNICATIONS COMMISSION
[GN Docket No. 18-122, DA 20-503; FRS 16776]
Wireless Telecommunications Bureau Announces the Process for
Accelerated Relocation Elections by Eligible Space Station Operators in
the 3.7-4.2 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Wireless Telecommunications Bureau
(Bureau) announces the Accelerated Relocation Election Process by which
eligible space station operators can commit to relocating existing
services in 3.7 GHz band on a two-phased accelerated schedule. In
Expanding Flexible Use of the 3.7 to 4.2 GHz Band Report and Order, GN
Docket No. 18-122, Report and Order and Order of Proposed Modification,
FCC 20-22 (Mar. 3, 2020) (Report and Order), the Commission established
a deadline of December 5, 2025, for incumbent space station operators
to complete the transition of their operations to the upper 200
megahertz of the band, while providing an opportunity for accelerated
clearing of the band by allowing eligible space station operators to
commit to relocate voluntarily on a two-phased accelerated schedule.
The Report and Order required eligible space station operators
committing to accelerated clearing to make their election by May 29,
2020.
DATES: Elections are due on or before May 29, 2020.
ADDRESSES: You may submit elections, identified by GN Docket No. 18-
122, by any of the following methods:
[ssquf] Electronic Filers: Elections may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/ in
docket number GN 18-122.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing.
[ssquf] Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S.
[ssquf] Postal Service first-class, Express, and Priority mail must
be addressed to
[[Page 30957]]
445 12th Street SW, Washington, DC 20554.
[ssquf] Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
[ssquf] During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.
FOR FURTHER INFORMATION CONTACT: Becky Tangren, Wireless
Telecommunications Bureau, at [email protected] or 202-418-7178.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice,
Wireless Telecommunications Bureau Announce the Process for Accelerated
Relocation Elections by Eligible Space Station Operators in the 3.7-4.2
GHz Band, GN Docket No. 18-122, DA 20-503 (Public Notice), released on
May 11, 2020. The complete text of the Public Notice, is available on
the Commission's website at https://www.fcc.gov/document/wtb-announces-accelerated-relocation-election-process-37-ghz-band or by using the
search function for GN Docket No. 18-122 on the Commission's ECFS web
page at www.fcc.gov/ecfs.
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file elections on or before
the date indicated on the first page of this document.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Ex Parte Rules: This proceeding shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must: (1) List all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made; and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenters written comments, memoranda, or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with section 1.1206(b) of the Commission's rules.
In proceedings governed by section 1.49(f) of the rules or for which
the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml., .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
Synopsis: With this Public Notice, the Wireless Telecommunications
Bureau (WTB) announces the process for eligible space station operators
to make an Accelerated Relocation Election. On March 3, 2020, the
Federal Communications Commission (Commission) released the Expanding
Flexible Use of the 3.7 to 4.2 GHz Band Report and Order, which adopted
new rules to make 280 megahertz of mid-band spectrum available for
flexible use through a Commission-administered public auction of
overlay licenses, plus a 20 megahertz guard band, throughout the
contiguous United States by transitioning existing services out of the
lower portion and in to the upper 200 megahertz of the 3.7-4.2 GHz band
(C-band).
The Report and Order established a deadline of December 5, 2025,
for incumbent space station operators to complete the transition of
their operations to the upper 200 megahertz of the band, while
providing an opportunity for accelerated clearing of the band by
allowing eligible space station operators to commit to relocate
voluntarily on a two-phased accelerated schedule, with a Phase I
deadline of December 5, 2021, and a Phase II deadline of December 5,
2023.
The Report and Order required eligible space station operators
committing to accelerated clearing to make their election by May 29,
2020 to provide potential bidders with adequate certainty regarding the
clearing date and payment obligations associated with each license
should they become overlay licensees. The Report and Order detailed the
commitments that eligible space station operators must make when filing
an Accelerated Relocation Election. By electing accelerated relocation,
an eligible space station operator voluntarily commits adhere to the
requirements, policies, and procedures established in the Report and
Order. Commitments include: paying the administrative costs of the
Relocation Payment Clearinghouse until the Commission awards licenses
to the winning bidders in the auction, at which time the eligible space
station operator will be reimbursed for those administrative costs that
it paid; relocating its own services out of the lower 300 megahertz by
the Accelerated Relocation Deadlines (both Phase I and Phase II) and
taking responsibility for relocating its associated incumbent earth
stations by those same deadlines; planning, coordinating, and
performing (or contracting for the performance of) all the tasks
necessary to migrate any incumbent earth station that receives or sends
signals to a space station owned by that operator, whether the
satellite service provider is in direct privity of contract with the
earth station operator or indirectly through another entity such as a
programmer; in short, the space station operator must provide a turnkey
solution to the transition; and cooperating in good faith with the
Relocation Coordinator and paying all administrative costs of the
Relocation Coordinator if it is selected by the committee of electing
space station operators.
The Report and Order also described a schedule of decreasing
accelerated relocation payments for the six months following each
Accelerated Relocation Deadline if an eligible space station operator
that commits to accelerated relocation fails to meet its deadline. If
an eligible space station operator that commits to accelerated
relocation fails to complete the transition within six months of the
relevant deadline, its associated accelerated relocation payment will
drop to zero.
[[Page 30958]]
The Report and Order directed that eligible space station operators
that choose to clear on the accelerated timeframe in exchange for an
accelerated relocation payment must do so via a written commitment by
filing an Accelerated Relocation Election in GN Docket No. 18-122. Such
elections are public and irrevocable. Pursuant to the Report and Order,
WTB prescribes the following format for filing an Accelerated
Relocation Election: The election must state that the eligible space
station operator elects to perform an accelerated relocation,
understands and accepts the commitments made when filing an Accelerated
Relocation Election, and understands and accepts the reduction in
payments for missing deadlines as outlined in the Report and Order. The
election must be signed by a company officer of the eligible space
station operator with authority to bind the company. The election must
acknowledge the Commission's authority to adopt the accelerated
relocation payment and the reduction in payments for missing deadlines.
The election must acknowledge that sufficient eligible space station
operators must elect accelerated relocation such that at least 80% of
the total possible accelerated relocation payments are accepted for the
Commission to accept elections and require overlay licensees to pay
accelerated relocation payments.
The information collection requirements were approved by OMB on May
5, 2020 under OMB control number 3060-1272.
If an eligible space station operator elects not to make an
Accelerated Relocation Election, that operator will forfeit its
eligibility to receive accelerated relocation payments, even if it
completes all tasks by the Accelerated Relocation Deadlines and files a
Certification of Accelerated Relocation.
Federal Communications Commission.
Katherine Harris,
Deputy Chief, Mobility Division, Wireless Telecommunications Bureau.
[FR Doc. 2020-11004 Filed 5-20-20; 8:45 am]
BILLING CODE 6712-01-P