Wireless Telecommunications Bureau Seeks Comment on Preliminary Cost Category Schedule For 3.7-4.2 GHz Band Relocation Expenses

Cited as:85 FR 26469
Court:Federal Communications Commission
Publication Date:04 May 2020
Record Number:2020-09496
Federal Register, Volume 85 Issue 86 (Monday, May 4, 2020)
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
                [Notices]
                [Pages 26469-26470]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-09496]
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                FEDERAL COMMUNICATIONS COMMISSION
                [GN Docket No. 18-122, DA 20-457; FRS 16710]
                Wireless Telecommunications Bureau Seeks Comment on Preliminary
                Cost Category Schedule For 3.7-4.2 GHz Band Relocation Expenses
                AGENCY: Federal Communications Commission.
                ACTION: Notice; solicitation of comments.
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                SUMMARY: In this document, the Wireless Telecommunications Bureau
                (Bureau) invites interested parties to comment on the 3.7 GHz
                Transition Preliminary Cost Category Schedule of Potential Expenses and
                Estimated Costs (Cost Catalog). The Cost Catalog contains preliminary
                categories and estimates of expenses that incumbents may incur as they
                clear FSS operations from the 3.7-4.0 GHz portion of the band and Fixed
                Service operations from the entire 3.7-4.2 GHz band (C-band) to make
                the lower 280 megahertz available for flexible use. In 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) (Order), the Commission established that new 3.7 GHz
                Service licensees will reimburse reasonable relocation costs of
                incumbents to transition out of the band and directed the Wireless
                Telecommunications Bureau (Bureau) to establish a cost category
                schedule of the types of expenses that incumbents may incur.
                DATES: Comments are due on or before May 12, 2020.
                ADDRESSES: You may submit comments, identified by GN Docket No. 18-122,
                by any of the following methods:
                 [ssquf] Electronic Filers: Comments may be filed electronically
                using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
                 [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 445 12th Street, SW, 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: Susannah Larson, Wireless
                Telecommunications Bureau, at (202) 418-1883 or via email:
                [email protected].
                SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice,
                Wireless Telecommunications Bureau Seeks Comment on Preliminary Cost
                Category Schedule For 3.7-4.2 GHz Band Relocation Expenses, GN Docket
                No. 18-122, DA 20-457 (Public Notice), released on April 27, 2020. The
                Public Notice includes the following attachment: Attachment, 3.7 GHz
                Transition Preliminary Cost Category Schedule of Potential Expenses and
                Estimated Costs. The complete text of the Public Notice, including its
                attachment, is available on the Commission's website at https://www.fcc.gov/document/wtb-seeks-comment-37-ghz-band-preliminary-cost-category or by using the search function for GN Docket No. 18-122 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, 1.419, interested parties may file comments on or before
                the date indicated on the first page of this document.
                 People with Disabilities: To request materials in accessible
                formats for
                [[Page 26470]]
                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) 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
                 In the Order (85 FR 22804 (April 23, 2020)), 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 and
                into the upper 200 megahertz of the C-band. The Order established that
                new 3.7 GHz Service licensees will reimburse the reasonable relocation
                costs of eligible Fixed Satellite Service (FSS) space station
                operators, incumbent FSS earth station operators, and incumbent Fixed
                Service licensees (collectively, incumbents) to transition out of the
                band. To provide incumbents and new 3.7 GHz Service licensees with a
                range of reasonable transition costs, the Order directed the Bureau to
                establish a cost category schedule of the types of expenses that
                incumbents may incur. The Order provided for the creation of a
                Relocation Payment Clearinghouse to oversee the cost-related aspects of
                the transition, including by collecting relocation payments from
                overlay licensees and disbursing those payments to incumbents. In
                determining the reasonableness of costs for which incumbents seek
                reimbursement, the Order directed that the Relocation Payment
                Clearinghouse shall presume as reasonable all submissions that fall
                within the estimated range of costs in the final cost category
                schedule.
                 The Cost Catalog (included as an attachment to the Public Notice)
                contains categories and estimates of expenses that incumbents may incur
                as they clear FSS operations from the 3.7-4.0 GHz portion of the band
                and Fixed Service operations from the entire C-band to make the lower
                280 megahertz available for flexible use. The Commission engaged a
                third-party contractor, RKF Engineering Solutions, LLC (RKF), to assist
                in identifying costs that incumbents might incur and to assist with the
                development of a cost category schedule. To compile the information
                needed for the preliminary Cost Catalog, RKF considered the Order's
                initial relocation cost estimates, derived from comments and filings in
                the record, and conducted confidential interviews with a broad range of
                stakeholders, including satellite operators, earth station operators,
                Fixed Service licensees, and vendors. With this input from RKF, and in
                accordance with the Commission's directions, the Bureau has developed
                this Cost Catalog.
                 The Bureau seeks comment on the Cost Catalog, including whether the
                preliminary categories and estimated expenses for each are reasonable.
                Although the Cost Catalog represents an initial summary of estimated
                expenses that eligible incumbents may incur, the Bureau encourages
                commenters to identify any additional expense categories that they
                believe should be eligible for reimbursement and prices that should be
                associated with those categories. Does the Cost Catalog cover every
                situation? If not, what are additional situations that the Bureau
                should consider? For both the initial summary set out in the Cost
                Catalog and for any additions to the Cost Catalog that commenters may
                suggest, the Bureau is interested in obtaining information on specific
                prices, as well as more general information on the costs that
                incumbents expect to incur.
                 The Cost Catalog also contains preliminary categories of the
                various classes of earth stations that may choose to receive a lump sum
                payment in place of their actual reasonable relocation costs. The Order
                established that incumbent earth station operators may either accept
                (1) reimbursement for their actual reasonable relocation costs by
                maintaining satellite reception; or (2) a lump sum reimbursement
                ``based on the average, estimated costs of relocating all of their
                incumbent earth stations'' to the upper 200 megahertz of the C-band.
                The Bureau seeks comment on the preliminary categories provided in the
                Cost Catalog and whether they cover the relevant classes of earth
                stations. If not, what are additional relevant classes of earth
                stations that the Bureau should consider including? The Bureau also
                seeks comment on the appropriate lump sum amounts for each category,
                which will be based on the average estimated costs of relocation for
                that class of earth station. What are the specific costs and prices
                that should be included in the lump sum amount for each class of earth
                station? The Bureau will determine the final lump sum amounts according
                to the final estimated earth station transition costs in the final Cost
                Catalog. Consistent with the Order, the Bureau will publish the final
                lump sum amounts and provide instructions for making such an election,
                after considering the record compiled on the foregoing issues.
                Amy Brett,
                Associate Chief, Competition and Infrastructure Policy Division,
                Wireless Telecommunications Bureau.
                [FR Doc. 2020-09496 Filed 5-1-20; 8:45 am]
                 BILLING CODE 6712-01-P