[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Pages 44077-44078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15676]
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FEDERAL COMMUNICATIONS COMMISSION
[GN Docket No. 18-122; DA 20-720; FRS 16934]
Wireless Telecommunications Bureau Denies PSSI Global Services,
LLC Request for Stay of 3.7 GHz Report and Order
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) denies the Petition for Stay of Report and Order and Order
of Proposed Modification Pending Judicial Review of PSSI Global
Services, LLC.
DATES: The Order Denying Stay Petition (DA 20-720) was released on July
8, 2020.
ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Anna Gentry of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-7769 or
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Order Denying Stay
Petition (DA 20-720) released on July, 2020. The complete text of the
Order is available for viewing via the Commission's ECFS website by
entering the docket number, GN Docket No. 18-122. The complete text of
the Order is also available for public inspection and copying from 8:00
a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from
8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information
Center, 445 12th Street SW, Room CY-B402, Washington, DC 20554,
telephone 202-488-5300, fax 202-488-5563, or you may contact BCPI at
its website: http://www.BCPIWEB.com. When ordering documents from BCPI,
please provide the appropriate FCC document number, for example, DA 20-
720.
Synopsis
On June 17, 2020, PSSI Global Services, LLC (PSSI) filed a Request
for Stay Pending Judicial Review of the Commission's Report and Order
and Order of Proposed Modification in the above-captioned proceeding.
PSSI asked the Commission to stay the C-band auction and transition
process while its challenges to the 3.7 GHz Report and Order are
pending before the United States Court of Appeals for the District of
Columbia. In its Stay Request, PSSI argues that the 3.7 GHz Report and
[[Page 44078]]
Order will result in two types of harm: (1) Scarcity of satellite
capacity for PSSI's occasional use due to the repurposing of the lower
portion of the C-band; and (2) potential interference and equipment
damage from wireless broadband service in the repurposed spectrum. They
argue that the Commission violated a statutory prohibition against
auctioning spectrum ``used for the provision of international or global
satellite communications services,'' exceeded its license modification
authority under section 316 of the Communications Act, and did not
provide notice that it would modify PSSI's right to transmit radio
communications in the 5.925-6.425 GHz band.
The Commission denies the Stay Request. First, PSSI has not shown
that it will suffer irreparable harm. The harm that PSSI alleges is not
imminent, is conjectural, and consists of economic injuries that are
not severe enough to be cognizable as irreparable harm. Second, PSSI
has not shown a likelihood of success on the merits. The Commission
addressed PSSI's principal arguments at length in the 3.7 GHz Report
and Order. The Stay Request does not persuade the Commission that the
PSSI's arguments are likely to succeed in court any more than they did
before the agency. Third, PSSI has not shown that the equities favor a
stay. PSSI has not met its burden of showing that the public interest
militates in favor of a stay and that others would not be harmed by a
stay. Moreover, PSSI has not shown that the public interest would favor
grant of the stay. The Commission's actions to repurpose the C-band are
an indispensable element of its overall strategy of promoting the
deployment of fifth generation (5G) wireless services, with millions of
jobs, and billions of dollars in economic growth and other public
benefits, at stake. Grant of a stay pending judicial review would
significantly delay the auction and transition process and harm
multiple stakeholders, including prospective bidders and the diverse
incumbents involved in the transition process. The cost of such delay
and disruption could be enormous. In addition to the public interest
harms, grant of a stay would undercut the specific goal of U.S.
leadership in 5G and the general goals of the auction program.
Accordingly, we conclude that a stay of the Order and Order and
Proposed Modification Pending Judicial Review is not warranted.
Federal Communications Commission.
Amy Brett,
Associate Division Chief, Competition and Infrastructure Policy
Division, Wireless Telecommunications Bureau.
[FR Doc. 2020-15676 Filed 7-20-20; 8:45 am]
BILLING CODE 6712-01-P