Wireless Telecommunications Bureau Opens a New Docket and Establishes the Process for C-Band Space Station Operator Phase I Certification of Accelerated Relocation

Published date12 August 2021
Citation86 FR 44359
Record Number2021-17180
SectionNotices
CourtFederal Communications Commission
Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
                [Notices]
                [Pages 44359-44361]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-17180]
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                FEDERAL COMMUNICATIONS COMMISSION
                [GN Docket No. 18-122; GN Docket No. 21-320; DA 21-957; FRS 42245]
                Wireless Telecommunications Bureau Opens a New Docket and
                Establishes the Process for C-Band Space Station Operator Phase I
                Certification of Accelerated Relocation
                AGENCY: Federal Communications Commission.
                ACTION: Notice.
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                SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB
                or Bureau) prescribes the form by which eligible C-band space station
                operators should submit Phase I Certifications of Accelerated
                Relocation (Certifications) and establishes the process by which
                stakeholders can file related challenges to those Certifications.
                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) (3.7 GHz Report and Order), required that, in
                order to be eligible for an Accelerated Relocation Payment (ARP), an
                eligible space station operator must file a Certification
                ``demonstrating, in good faith, that it has completed the necessary
                clearing actions to satisfy each deadline.'' An eligible space station
                operator is required to complete its obligations and then file a
                Certification by the applicable Accelerated Relocation Deadline, which
                for Phase I is December 5, 2021. Certifications should be filed both in
                GN Docket No. 18-122 and in GN Docket No. 21-320; stakeholders should
                file any related challenges in GN Docket No. 21-320.
                DATES: Phase I Accelerated Relocation Certifications due December 5,
                2021.
                ADDRESSES: You may submit Certification, identified by GN Docket No.
                18-122 and GN Docket No. 21-320, 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 and GN 21-320.
                 [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 45 L ST NE, 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: Susan Mort, Wireless
                Telecommunications Bureau, at [email protected] or 202-418-2429.
                SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice,
                Wireless Telecommunications Bureau Opens A New Docket And Establishes
                The Process For C-Band Space Station Operator Phase I Certification Of
                Accelerated Relocation, GN Docket No. 18-122; GN Docket No. 21-320; DA
                21-957 (Public Notice), released on August 4, 2021. The complete text
                of the Public Notice, is available on the Commission's website at
                https://www.fcc.gov/document/wtb-sets-c-band-phase-i-accelerated-relocation-certification-process or by using the search function for GN
                Docket No. 18-122 or GN Docket No. 21-320 on the Commission's ECFS web
                page at www.fcc.gov/ecfs.
                 Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
                47 CFR 1.415 and 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)
                [[Page 44360]]
                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 Sec.
                1.1206(b) of the Commission's rules. In proceedings governed by Sec.
                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 or Bureau) prescribes the form by which eligible C-band
                space station operators should submit Phase I Certifications of
                Accelerated Relocation (Certifications) and establishes the process by
                which stakeholders can file related challenges to those Certifications.
                The 3.7 GHz Report and Order required that, in order to be eligible for
                an Accelerated Relocation Payment (ARP), an eligible space station
                operator must file a Certification ``demonstrating, in good faith, that
                it has completed the necessary clearing actions to satisfy each
                deadline.'' An eligible space station operator is required to complete
                its obligations and then file a Certification by the applicable
                Accelerated Relocation Deadline, which for Phase I is December 5, 2021.
                Certifications should be filed both in GN Docket No. 18-122 and in the
                new docket the Bureau opens here, GN Docket No. 21-320; stakeholders
                should file any related challenges in GN Docket No. 21-320.
                 In the 3.7 GHz Report and Order, the Commission adopted rules to
                make 280 megahertz of mid-band spectrum available for flexible use
                (plus a 20 megahertz guard band) throughout the contiguous United
                States by transitioning existing services out of the lower portion of
                the band and into the upper 200 megahertz of the C-band (i.e., 4.0-4.2
                GHz). The 3.7 GHz Report and Order established that new 3.7 GHz Service
                licensees would reimburse the reasonable, actual relocation costs of
                eligible FSS space station operators, incumbent FSS earth station
                operators, and incumbent Fixed Service licensees (collectively,
                incumbents) to transition out of the band.
                 The 3.7 GHz Report and Order established a deadline of December 5,
                2025, by which incumbent space station operators were to complete the
                transition of their operations to the upper 200 megahertz of the band,
                but it also provided an opportunity for accelerated clearing of the
                band by allowing eligible space station operators to voluntarily commit
                to relocate on a two-phased accelerated schedule, with a Phase I
                deadline of December 5, 2021, and a Phase II deadline of December 5,
                2023. All five eligible space station operators elected accelerated
                relocation. By electing accelerated relocation, the eligible space
                station operators, among other things, have voluntarily committed to
                perform all the tasks necessary to enable any incumbent earth station
                that receives or sends C-band signals to a space station owned by that
                operator to maintain that functionality in the upper 200 megahertz of
                the band. The 3.7 GHz Report and Order stated that ``[t]o the extent
                eligible space station operators can meet the Phase I and Phase II
                Accelerated Relocation Deadlines, they will be eligible to receive the
                accelerated relocation payments associated with those deadlines.'' Once
                the eligible space station operator's Certification is validated, the
                ARPs will be disbursed by the Relocation Payment Clearinghouse
                (Clearinghouse).
                 The 3.7 GHz Report and Order specified that an ``eligible space
                station operator's satisfaction of the Accelerated Relocation Deadlines
                will be determined by the timely filing of a Certification of
                Accelerated Relocation demonstrating, in good faith, that it has
                completed the necessary clearing actions to satisfy each deadline'' and
                directed WTB to prescribe the form of such Certifications. Further,
                ``the Bureau, Clearinghouse, and relevant stakeholders will have the
                opportunity to review the Certification of Accelerated Relocation and
                identify potential deficiencies.''
                 The 3.7 GHz Report and Order also directed that if ``credible
                challenges as to the space station operator's satisfaction of the
                relevant deadline are made, the Bureau will issue a public notice
                identifying such challenges and will render a final decision as to the
                validity of the certification no later than 60 days from its filing.''
                Absent notice from WTB of deficiencies in the Certification within 30
                days of its filing, the Certification will be deemed validated.
                Following validation, the Clearinghouse shall promptly notify overlay
                licensees, who must pay the ARP to the Clearinghouse within 60 days of
                the notice. The Clearinghouse must disburse the ARP to the eligible
                space station operator within seven (7) days of receipt. Should an
                eligible space station operator miss the Phase I or Phase II deadline,
                it may still receive a reduced, but non-zero, ARP if it otherwise meets
                the Certification requirements within six months after the relevant
                Accelerated Relocation Deadline.
                 The 3.7 GHz Report and Order directed WTB to: (1) ``Prescribe the
                form'' of Certifications and any challenges by relevant stakeholders;
                and (2) establish the process for how such challenges will impact the
                incremental decreases in the ARP. With this Public Notice, the Bureau
                establishes the requisite filing procedures and challenge process
                relating to the Phase I Accelerated Relocation Certification process.
                 Filing Procedures. To claim an ARP, eligible space station
                operators must submit Certifications to the Clearinghouse via any of
                the communication methods established between those parties. In
                addition, these space station operators must file their Certifications
                with WTB, which may be done electronically with a submission to the
                FCC's Electronic Comment Filing System (ECFS). While Certifications
                must be filed in GN Docket No. 18-122, WTB hereby creates new docket,
                GN Docket No. 21-320, in which Certifications should also be filed. In
                addition, any related challenges from stakeholders must be filed in
                this new docket. If a stakeholder seeks to challenge multiple eligible
                space station operator Certifications, each challenge must be filed
                separately with respect to each Certification in GN Docket No. 21-320.
                 Certification Content. To satisfy the Phase I deadline, the
                Certification must describe in detail each action that was taken by the
                eligible space station operator, including the date of completion, in a
                similar format and content to that operator's Transition Plan. This
                description should include (but is not limited to): The operations that
                were repacked to satisfy the Phase I deadline; The number of new
                satellites, if any, that the eligible space station operator launched,
                including the
                [[Page 44361]]
                dates of launch, reaching final orbit, and start of operations; A
                description of how services were migrated to the upper portion of the
                band, including the pre- and post-transition frequencies that each
                customer occupied and now occupies; Any necessary technology upgrades
                or other solutions, such as video compression or modulation, that the
                eligible space station operator implemented, described on a per antenna
                and/or feed basis, as appropriate; The number and location of antennas
                and feeds that were transitioned to satisfy the Phase I deadline,
                including the actions taken (e.g., retuning and repointing) for each;
                The date of completion of the above items; A description of the steps
                that the eligible space station operator has taken to identify all
                associated earth stations, antennas, and feeds, and to ensure that they
                are all are transitioned as of the date of Certification; Details
                relating to any variances from the eligible space station operator's
                Transition Plan, such as antennas and feeds involving circumstances
                beyond the control of the eligible space station operator and therefore
                subject to a transition delay notice, and antennas and feeds that are
                otherwise pending removal from the most recent Incumbent Earth Station
                list or subject to an agreement regarding the transition between the
                eligible space station operator and the earth station operator.
                 The eligible space station operator must certify that it attests to
                the truthfulness of the above information and is making the
                Certification in good faith. Eligible space stations operators are
                reminded that Certifications are subject to section 1.17 of the
                Commission's rules and violators will be subject to potential
                enforcement action, including monetary penalties or actions affecting
                the eligible space station operator's market access authorization or
                status as a licensee. The Bureau will determine that a Certification
                has been made in bad faith if, for example, the certifying party makes
                a statement that is false and if it finds the party did not use due
                diligence in providing information that is correct and not misleading
                to the Commission, including taking appropriate affirmative steps to
                determine the truthfulness of what is being submitted. In cases where
                it is found that the ARP was disbursed based on a Certification that
                the eligible space station operator had filed in bad faith, the
                operator may be subject to the additional consequence of having to
                return some or all of the ARP, depending on the circumstances.
                 We note that subsequent to the filing of the Certification the
                Bureau may, based on the information filed by the eligible space
                station operator or contained in a challenge to that operator's
                Certification, request additional information from the operator.
                Because such information may prove necessary to determine whether the
                eligible space station operator completed the relocation by the
                relevant accelerated deadline, eligible space station operators must
                respond to such requests for information in a prompt and complete
                manner.
                 If, after the resolution of any credible challenges and the
                disbursement of the ARP, it is subsequently found, by the Relocation
                Coordinator, Clearinghouse, or WTB, that the eligible space station
                operator should have transitioned additional earth stations, antennas,
                or feeds that it did not account for in its Transition Plan and
                Certification(s), the eligible space station operator will be required
                to remediate such earth stations, antennas, or feeds in a prompt and
                effective manner.
                 Challenges. Challenges to a Certification must be filed in GN
                Docket No. 21-320 within ten (10) days after the Certification is
                published in ECFS and the eligible space station operators' replies
                must be filed in that docket within five (5) days. Pursuant to the 3.7
                GHz Report and Order, WTB will announce by Public Notice whether
                credible challenges have been made within 30 days of the
                Certification's filing. After reviewing a Certification and any
                relevant challenges, WTB will issue one of two Public Notices. If there
                are no credible challenges, WTB will issue a Public Notice that lists
                the submitted challenges (if any), states that none constitutes a
                ``credible challenge'' to the validity of the Certification, and
                provides a brief explanation for the finding that said challenges are
                non-credible. If there is at least one credible challenge, WTB will
                issue a Public Notice announcing that one or more credible challenges
                have been made and instructing the Clearinghouse not to issue the ARP
                until WTB has made a final determination as to the validity of the
                challenge. WTB will issue a final determination on the challenge no
                later than sixty (60) days after the eligible space station operator
                files its Certification. If WTB ultimately finds the Certification was
                valid, disbursement of the Phase I ARP to the eligible space station
                operator will proceed as outlined above and in the 3.7 GHz Report and
                Order.
                Amy Brett,
                Acting Chief of Staff, Wireless Telecommunications Bureau.
                [FR Doc. 2021-17180 Filed 8-10-21; 4:15 pm]
                BILLING CODE 6712-01-P
                

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