[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Page 37453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13314]
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FEDERAL COMMUNICATIONS COMMISSION
[GN Docket No. 18-122; DA 20-609; FRS 16871]
Order Denying Stay Petition
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) denies the Joint Petition for Stay of Report and Order and
Order of Proposed Modification Pending Judicial Review of ABS Global
Ltd., Empresa Argentina de Soluciones Satelitales S.A., and Hispamar
Sat[eacute]lites S.A., and Hispasat S.A.
DATES: The Order Denying Stay Petition (DA 20-609) was released on June
10, 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 20-609) released on June 10, 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-
609.
Synopsis
On May 15, 2020, ABS Global Ltd., Empresa Argentina de Soluciones
Satelitales S.A., and Hispamar Sat[eacute]lites S.A., and Hispasat S.A.
filed a Joint Petition for Stay Pending Judicial Review of the
Commission's Report and Order and Order of Proposed Modification in the
above-captioned proceeding. Petitioners asked the Commission to stay
the C-band auction and transition process while their challenges to the
3.7 GHz Report and Order are pending before the United States Court of
Appeals for the District of Columbia. In their Stay Petition,
Petitioners argue that the 3.7 GHz Report and Order will trigger a
chain of events--beginning with the May 29, 2020 election by eligible
space station operators to relocate on an accelerated basis--that may
be irreversible and that will harm them by benefiting competing space
station operators that are eligible for relocation and accelerated
relocation payments and depriving them of spectrum access rights
without compensation. They argue that the Commission exceeded its
authority to modify their spectrum access rights, allocated too much
money available to certain space station incumbents in the form of
accelerated relocation payments and reimbursement of relocation costs
associated with new satellites, and arbitrarily excluded Petitioners
from receiving any relocation payments.
The Commission denies the Stay Petition. First, Petitioners have
not shown that they will suffer irreparable harm. The harm that
Petitioners allege is not imminent, is conjectural, and consists of
economic injuries that are not severe enough to be cognizable as
irreparable harm. Second, Petitioners have not shown a likelihood of
success on the merits. The Commission addressed Petitioners' principal
arguments at length in the 3.7 GHz Report and Order. The Stay Petition
does not persuade the Commission that the Petitioners' arguments are
likely to succeed in court any more than they did before the agency.
Third, Petitioners have not shown that the equities favor a stay.
Petitioners have not met their burden of showing that the public
interest militates in favor of a stay and that others would not be
harmed by a stay. Moreover, Petitioners have 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. 2020-13314 Filed 6-19-20; 8:45 am]
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