Expanding Flexible Use of the 12.2-12.7 GHz Band

Published date27 May 2021
Citation86 FR 28520
Record Number2021-11066
SectionProposed rules
CourtFederal Communications Commission
Federal Register, Volume 86 Issue 101 (Thursday, May 27, 2021)
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
                [Proposed Rules]
                [Pages 28520-28522]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-11066]
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                FEDERAL COMMUNICATIONS COMMISSION
                47 CFR Parts 2, 15, 25, 27, and 101
                [WT Docket No. 20-443; GN Docket No. 17-183; DA 21-519; FR ID 27322]
                Expanding Flexible Use of the 12.2-12.7 GHz Band
                AGENCY: Federal Communications Commission.
                ACTION: Proposed rule; denial of further extension of deadlines for
                filing comments and reply comments.
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                SUMMARY: In this document, the Commission denies the request of WorldVu
                Satellites Limited (ONEWEB), Kepler Communications, SpaceX Holdings,
                LLC, Intelsat License LLC, and SES S.A., for a further extension of the
                comment and reply comment deadlines for the proposed rule published in
                the Federal Register.
                DATES: A further extension of the NPRM comment and reply comment
                deadlines,
                [[Page 28521]]
                filed on April 26, 2021, was denied on May 4, 2021. The deadlines for
                filing comments and reply comments in this proceeding continue to be
                May 7, 2021, and June 7, 2021, respectively, as published at 86 FR
                20111, April 16, 2021.
                ADDRESSES: Federal Communications Commission, 45 L Street NE,
                Washington, DC 20554.
                FOR FURTHER INFORMATION CONTACT: Madelaine Maior of the Wireless
                Telecommunications Bureau, Broadband Division, at 202-418-1466 or
                [email protected]; or Simon Banyai of the Wireless
                Telecommunications Bureau, Broadband Division, at 202-418-1443 or
                [email protected].
                SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
                WT Docket No. 20-443; GN Docket No. 17-183; DA 21-519, adopted and
                released on May 4, 2021. The full text of this document is available at
                https://docs.fcc.gov/public/attachments/DA-21-519A1.pdf. For a full
                text of the NPRM document,\1\ visit the FCC's Electronic Comment Filing
                System (ECFS) website at http://www.fcc.gov/ecfs. (Documents will be
                available electronically in ASCII, Microsoft Word, and/or Adobe
                Acrobat.) Alternative formats are available for people with
                disabilities (braille, large print, electronic files, audio format), by
                sending an email to [email protected] or calling the Commission's Consumer
                and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
                0432 (TTY).
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                 \1\ Expanding Flexible Use of the 12.2-12.7 GHz Band, Notice of
                Proposed Rulemaking, FCC 21-13.
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                I. Background
                 1. On January 15, 2021, the Commission released a NPRM seeking
                input on the feasibility of allowing flexible-use services in the 12.2-
                12.7 GHz band (12 GHz band) while protecting incumbents from harmful
                interference.\2\ In response to an unopposed motion filed by CCIA, et
                al. for an extension of time to file comments and replies to the
                NPRM,\3\ the Wireless Telecommunication Bureau (Bureau) released an
                Order on March 29, 2021, allowing an additional 30 days to file
                comments and replies (Extension Order).\4\ The Bureau agreed with the
                parties that a 30-day extension was ``warranted to provide commenters
                with additional time to prepare comments and reply comments that fully
                respond to the complex economic, engineering, and policy issues raised
                in the NPRM.'' \5\ The Bureau, however, declined the 12 GHz Alliance's
                request to suspend the deadlines until RS Access, LLC (RS Access)
                provided certain technical analyses, noting that such action might be
                rendered moot by the grant of the Extension Request.\6\
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                 \2\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et
                al., WT Docket No. 20-443, Notice of Proposed Rulemaking, 36 FCC Rcd
                606 (2021) (NPRM). The comment and reply comment deadlines were set
                at 30 and 60 days after publication in the Federal Register.
                Publication occurred on March 8, 2021, which made the original
                deadlines April 7, 2021, and May 7, 2021, respectively. See Federal
                Communications Commission, Expanding Flexible Use of the 12.2-12.7
                GHz Band, 86 FR 13266, Mar. 8, 2021.
                 \3\ See Motion of Computer & Communications Industry Association
                (CCIA), INCOMPAS, Open Technology Institute at New America, and
                Public Knowledge for Extension of Time, WT Docket No. 20-443, et
                al., at 1 (filed Mar. 19, 2021) (Extension Motion).
                 \4\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et
                al., WT Docket No. 20-443, et al., Order, DA 21-370 (WTB Mar. 29,
                2021), 86 FR 20111, April 16, 2021 (Extension Order) (extended
                deadlines for comments and reply comments to May 7, 2021, and June
                7, 2021, respectively).
                 \5\ Extension Order at para. 3.
                 \6\ Extension Order at n.6 citing Letter from Ruth Pritchard-
                Kelly, Senior Advisor, ONEWEB, et al. (``12 GHz Alliance'') to
                Marlene H. Dortch, Secretary, FCC, at 1 (Mar. 23, 2021). The 12 GHz
                Alliance is WorldVu Satellites Limited (``OneWeb''), Kepler
                Communications, SpaceX Holdings, LLC (``SpaceX''), Intelsat License
                LLC, and SES S.A. See, e.g., March 23, 2021, letter at 1.
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                 2. On April 26, 2021, the 12 GHz Alliance filed a request for a
                further extension of the comment and reply comment deadlines (Further
                Extension Request) \7\ stating that, as previously explained, ``the
                submission of the RS Sharing Studies is a gating criteria with respect
                to the ability of satellite stakeholders to prepare meaningful comments
                and that absent [that submission] a further extension of the comment
                cycle may be required.'' \8\ The 12 GHz Alliance notes that in the
                Extension Order, the Bureau ``hoped that this issue would `be rendered
                moot' by the extension of the comment cycle.'' \9\ The Further
                Extension Request has received both opposition \10\ and support.\11\
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                 \7\ See Letter from Ruth Pritchard-Kelly, Senior Advisor,
                ONEWEB, et al. (``12 GHz Alliance'') to Marlene H. Dortch,
                Secretary, FCC, at 1 (Apr. 26, 2021) (Further Extension Request).
                 \8\ Further Extension Request at 1-2 (citing Letter from Ruth
                Pritchard-Kelly, Senior Advisor, ONEWEB, et al., (``12 GHz
                Alliance'') to Marlene H. Dortch, Secretary, FCC, at 1 (Mar. 23,
                2021)).
                 \9\ Further Extension Request at 1-2 quoting Extension Order at
                n.6.
                 \10\ Letter from Trey Hanbury, Counsel to RS Access LLC (RS
                Access), to Marlene H. Dortch, Secretary, FCC, WT Docket No. 20-443,
                et al., at 2 (filed Apr. 28, 2021) (RS Access Opposition); Letter
                from Chip Pickering, CEO, INCOMPAS, et al., to Marlene H. Dortch,
                Secretary, FCC, WT Docket No. 20-443, et al., at 2 (filed Apr. 28,
                2021) (5G for 12GHz Coalition Opposition) (calling themselves the
                ``5G for 12GHz Coalition'', the Opposition filers include INCOMPAS,
                Public Knowledge, DISH, Computer & Communications Industry
                Association (CCIA), RS Access, Open Technology Institute at New
                America, Federated Wireless, AtLink, Cambridge Broadband Networks
                Group Ltd. (CBNG), Center for Education Innovations (CEI), Center
                for Rural Strategies, Etheric Networks, GeoLinks, Go Long Wireless,
                Granite Telecommunications, mmWave Tech, Resound Networks, Rural
                Wireless Association (RWA), Tel Net Worldwide, Tilson, White Cloud
                Technologies, Xiber and X-Lab).
                 \11\ See Letter from David Goldman, Director of Satellite
                Policy, Space Exploration Technologies Corp. (SpaceX), to Marlene H.
                Dortch, Secretary, FCC, WT Docket No. 20-443, et al., at 2 (filed
                Apr. 28, 2021) (``SpaceX and the 12 GHz Alliance have previously
                explained that RS Access's failure to submit the Secret Studies into
                the record deprives other 12 GHz Band stakeholders the opportunity
                to review, analyze, and meaningfully respond to the Secret Studies
                in the comment cycle established by the Commission.''). See also
                Letter from David Goldman, Director of Satellite Policy, Space X, to
                Marlene H. Dortch, Secretary, FCC, WT Docket No. 20-443, et al., at
                1 (the 12 GHz Alliance ``reasonably requested an opportunity to
                review these studies as part of the normal comment cycle,'' at 2
                (``to promote fairness and a fully considered record, RS Access
                should at least provide a schedule for the submission of the Secret
                Studies into the record.'') (filed Apr. 30, 2021).
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                 3. RS Access opposes the Further Extension Request, which it views
                as claiming that RS Access is somehow obliged to file comments before
                the deadline for initial comments. RS Access states that it ``is
                preparing comments in anticipation of the May 7, 2021 deadline for
                initial comments, which will include a coexistence study demonstrating
                the feasibility of sharing between co-primary systems in the 12.2-12.7
                GHz band.'' \12\ The 5G for 12GHz Coalition also opposes the Further
                Extension Request, arguing that it is inappropriate because the Bureau
                dismissed this same request in the Extension Order.\13\
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                 \12\ RS Access Opposition at 1. ``The satellite licensees, of
                course, remain free to prepare their own technical analyses
                purporting to show that their systems are incapable of sharing with
                mobile licensees in the band. The satellite licensees can submit
                their comments and studies either in the initial round of filings
                due May 7, 2021, or as a response to the submission of RS Access and
                other interested parties during the reply round that will follow 30
                days later, or both.'' Id. at 1-2 (footnote omitted).
                 \13\ 5G for 12GHz Coalition Opposition at 2.
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                 4. The Commission denies the Further Extension Request. As set
                forth in Sec. 1.46 of the Commission's rules,\14\ the Commission does
                not routinely grant extensions of time for filing comments
                [[Page 28522]]
                in rulemaking proceedings. In this proceeding, the Bureau has already
                granted a 30-day extension of comment and reply deadlines to allow
                parties additional time to develop submissions that address complex
                issues raised in the Notice.\15\ Because a further extension of time
                would only delay receipt of these comments and parties will have time
                to reply to these submissions, the Commission is not persuaded that
                such an extension is warranted. To the extent that members of the 12
                GHz Alliance have input on whether filings in the comment stage
                demonstrate the feasibility of sharing in this band, they may submit
                such input at the reply stage and in subsequent ex parte presentations.
                The Commission therefore denies the Further Extension Request. The
                deadlines for filing comments and reply comments in this proceeding
                continue to be May 7, 2021, and June 7, 2021, respectively.
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                 \14\ 47 CFR 1.46.
                 \15\ Extension Order at para. 3.
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                II. Ordering Clause
                 5. Accordingly, it is ordered that, pursuant to section 4(i) of the
                Communications Act of 1934, as amended, 47 U.S.C. 154(i), 0.131, 0.331,
                and Sec. 1.46 of the Commission's rules, 47 CFR 0.131, 0.331, and
                Sec. 1.46, the Further Extension Request filed by WorldVu Satellites
                Limited (ONEWEB), Kepler Communications, SpaceX Holdings, LLC, Intelsat
                License LLC, and SES S.A., on April 26, 2021, is denied.
                Federal Communications Commission.
                Amy Brett,
                Acting Chief of Staff, Wireless Telecommunications Bureau.
                [FR Doc. 2021-11066 Filed 5-26-21; 8:45 am]
                BILLING CODE 6712-01-P
                

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