Expanding Flexible Use of the 3.7 to 4.2 GHz Band
| Published date | 27 May 2020 |
| Citation | 85 FR 31704 |
| Record Number | 2020-10167 |
| Section | Rules and Regulations |
| Court | Federal Communications Commission |
Federal Register, Volume 85 Issue 102 (Wednesday, May 27, 2020)
[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31704-31706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10167]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[GN Docket No. 18-122; FCC 20-22; FRS 16735]
Expanding Flexible Use of the 3.7 to 4.2 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
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SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved the information collection
requirements associated with the eligible space station operator
accelerated relocation election, eligible space station operator
transition plan, and incumbent earth station lump sum payment election
rules adopted in the Federal Communications Commission's (Commission)
3.7 GHz Report and Order, FCC 20-22, and that compliance with the new
rules is now required. This document is consistent with the 3.7 GHz
Report and Order, FCC 20-22, which states that the Commission will
publish a document in the Federal Register announcing a compliance date
for the new rule sections and revise the Commission's rules
accordingly.
DATES: Compliance date: Compliance with 47 CFR 27.1412(c) introductory
text, (c)(2), 27.1412(d) introductory text and (d)(1), and 27.1419,
published at 85 FR 22804 on April 23, 2020, is required on May 27,
2020.
FOR FURTHER INFORMATION CONTACT: Anna Gentry, Mobility Division,
Wireless Telecommunications Bureau, at (202) 418-7769 or
[email protected].
SUPPLEMENTARY INFORMATION: This document announces that OMB approved
the information collection requirements in Sec. Sec. 47 CFR 27.1412(c)
introductory text, (c)(2), 27.1412(d) introductory text and (d)(1), and
27.1419, on May 5, 2020. These rules were adopted in the 3.7 GHz Report
and Order, FCC 20-22, published at published at 85 FR 22804 on April
23, 2020. The Commission publishes this document as an announcement of
the compliance date of these new rules. OMB approval for all other new
or amended rules for which OMB approval is required will be requested,
and compliance is not yet required for those rules. Compliance with all
new or amended rules adopted in the 3.7 GHz Report and Order that do
not require OMB approval will be required as of June 22, 2020, see 85
FR 22804 (Apr. 23, 2020).
If you have any comments on the burden estimates listed below, or
how the Commission can improve the collections and reduce any burdens
caused thereby, please contact Cathy Williams, Federal Communications
Commission, Room 1-C823, 445 12th Street, SW, Washington, DC 20554,
regarding OMB Control Number 3060-1272. Please include the OMB Control
Number in your correspondence. The Commission will also accept your
comments via email at [email protected].
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 and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Commission is notifying the public that it received final
OMB approval on May 5, 2020, for the information collection
requirements contained in Sec. Sec. 47 CFR 27.1412(c) introductory
text, (c)(2), 27.1412(d) introductory text and (d)(1), and 27.1419.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information
[[Page 31705]]
unless it displays a current, valid OMB Control Number. No person shall
be subject to any penalty for failing to comply with a collection of
information subject to the Paperwork Reduction Act that does not
display a current, valid OMB Control Number. The OMB Control Number for
the information collection requirements in Sec. Sec. 27.1412(c)
introductory text, (c)(2), 27.1412(d) introductory text and (d)(1), and
27.1419, is 3060-1272. The foregoing notice is required by the
Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1272.
OMB Approval Date: May 5, 2020.
OMB Expiration Date: November 30, 2020.
Title: 3.7 GHz Band Space Station Operator Accelerated Relocation
Elections and Transition Plans; 3.7 GHz Band Incumbent Earth Station
Lump Sum Payment Elections.
Form Number: N/A.
Respondents: Business or other for profit entities.
Number of Respondents and Responses: 3,010 respondents; 3,010
responses.
Estimated Time per Response: 16 hours per eligible space station
accelerated relocation election; 80-600 hours per eligible space
station transition plan; 32 hours per incumbent earth station lump sum
payment election.
Frequency of Response: One-time reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in
sections 1, 2, 4(i), 4(j), 5(c), 201, 302, 303, 304, 307(e), and 309 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 155(c), 201, 302, 303, 304, 307(e), 309.
Total Annual Burden: 109,680 hours.
Total Annual Cost: $900,000.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: The information collected
under this collection will be made publicly available, however, to the
extent information submitted pursuant to this information collection is
determined to be confidential, it will be protected by the Commission.
If a respondent seeks to have information collected pursuant to this
information collection withheld from public inspection, the respondent
may request confidential treatment pursuant to section 0.459 of the
Commission's rules for such information. See 47 CFR 0.459.
Needs and Uses: On February 28, 2020, in furtherance of the goal of
releasing more mid-band spectrum into the market to support and enable
next-generation wireless networks, the Federal Communications
Commission (Commission) adopted the 3.7 GHz Report and Order, FCC 20-
22, in which it reformed the use of the 3.7-4.2 GHz band, also known as
the C-Band. The 3.7 GHz-4.2 GHz band currently is allocated in the
United States exclusively for non-Federal use on a primary basis for
Fixed Satellite Service (FSS) and Fixed Service. Domestically, space
station operators use the 3.7-4.2 GHz band to provide downlink signals
of various bandwidths to licensed transmit-receive, registered receive-
only, and unregistered receive-only earth stations throughout the
United States. The 3.7 GHz Report and Order calls for the relocation of
existing FSS operations in the band into the upper 200 megahertz of the
band (4.0-4.2 GHz) and making the lower 280 megahertz (3.7-3.98 GHz)
available for flexible-use throughout the contiguous United States
through a Commission-administered public auction of overlay licenses
that is scheduled to occur later this year, with the 20 megahertz from
3.98-4.0 GHz reserved as a guard band.
The Commission adopted a robust transition schedule to achieve an
expeditious relocation of FSS operations and ensure that a significant
amount of spectrum is made available quickly for next-generation
wireless deployments, while also ensuring effective accommodation of
relocated incumbent users. The 3.7 GHz Report and Order establishes a
deadline of December 5, 2025, for full relocation to ensure that all
FSS operations are cleared in a timely manner, but provides an
opportunity for accelerated clearing of the band by allowing incumbent
space station operators, as defined in the 3.7 GHz Report and Order, to
commit to voluntarily relocate on a two-phased accelerated schedule
(with additional obligations and incentives for such operators), with a
Phase I deadline of December 5, 2021, and a Phase II deadline of
December 5, 2023.
The Commission concluded in the 3.7 GHz Report and Order that,
before the public auction of overlay licenses commences, it is
appropriate for potential bidders to know when they will get access to
the spectrum in the 3.7-3.98 GHz band that is currently occupied by
incumbent FSS space station operators and earth stations, as defined in
the 3.7 GHz Report and Order, and to have an estimate of how much they
may be required to pay for incumbent relocation costs and accelerated
relocation payments should they become overlay licensees, as overlay
licensees are required to pay for the reasonable relocation costs of
incumbent space station and incumbent earth station operators that are
required to clear the lower portion of the band.
Under this new information collection, the Commission will collect
information that will be used by the Commission to determine when, how,
and at what cost existing operations in the lower portion of the 3.7-
4.2 GHz band will be relocated to the upper portion of the band.
Specifically, the Commission collect the following information from
incumbents as adopted in the 3.7 GHz Report and Order:
Accelerated Relocation Elections
The Commission concluded in the 3.7 GHz Report and Order that
overlay licensees would only value accelerated relocation if a
significant majority of incumbents are cleared in a timely manner, and
therefore determined that at least 80% of accelerated relocation
payments must be accepted in order for the Commission to accept
accelerated elections and require overlay licensees to pay accelerated
relocation payments. The 3.7 GHz Report and Order calls for an eligible
space station operator, as defined in the 3.7 GHz Report and Order,
that chooses to commit to clear on the accelerated schedule in exchange
for accelerated relocation payments to submit a written, public,
irrevocable accelerated relocation election with the Commission by May
29, 2020, to permit the Commission to determine whether there are
sufficient accelerated relocation elections to trigger early relocation
and in turn provide bidders with adequate certainty regarding the
clearing date and payment obligations associated with each license well
in advance of the auction.
Transition Plans
The 3.7 GHz Report and Order requires each eligible space station
operator to submit to the Commission by June 12, 2020, and make
available for public review, a detailed transition plan describing the
necessary steps and estimated costs for the eligible space station
operator to complete the transition of existing operations in the lower
portion of the 3.7-4.2 GHz band to the upper 200 megahertz of the band
and its individual timeline for doing so consistent with the regular
relocation deadline or by the accelerated relocation deadlines. An
eligible space station operator that elects to receive
[[Page 31706]]
accelerated relocation payments is responsible for relocating all of
its associated incumbent earth stations and must outline the details of
such relocation in the transition plan (unless an incumbent earth
station owner elects to receive a lump sum payment and assumes
responsibility for transitioning its own earth stations). Similarly, an
incumbent space station operator that does not elect to receive
accelerated relocation payments but nevertheless plans to assume
responsibility for relocating its own associated incumbent earth
stations must make that clear in its transition plan.
Incumbent Earth Station Lump Sum Payment Elections
The 3.7 GHz Report and Order provides an incumbent earth station
operator with the option of accepting reimbursement payments for its
reasonable relocation costs for the transition, or opting out of the
formal relocation process and accepting a lump sum reimbursement
payment for all of its incumbent earth stations based on the average,
estimated costs of relocating all of their incumbent earth stations in
lieu of actual relocation costs. The 3.7 GHz Report and Order directs
the Wireless Telecommunications Bureau to announce the lump sum that
will be available per incumbent earth station as well as the process
for electing lump sum payments and requires that no later than 30 days
after this announcement, an incumbent earth station operator that
wishes to receive a lump sum payment make an irrevocable lump sum
payment election that will apply to all of its earth stations in the
contiguous United States.
This information collection will serve as the starting point for
planning and managing the process of efficiently and expeditiously
clearing of the lower portion of the band, so that this spectrum can be
auctioned for flexible-use service licenses.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020-10167 Filed 5-26-20; 8:45 am]
BILLING CODE 6712-01-P
