Wireless Telecommunications Bureau Seeks Comment on the Selection Process for and Operation of the Reimbursement Clearinghouse for the 3.45 GHz Band
| Published date | 15 September 2021 |
| Citation | 86 FR 51335 |
| Record Number | 2021-18585 |
| Section | Proposed rules |
| Court | Federal Communications Commission |
51335
Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules
Subpart F—[Removed and Reserved]
■3. Remove and reserve subpart F,
consisting of §§ 405.601 through
405.607.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2021–20016 Filed 9–13–21; 4:15 pm]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 27
[WT Docket No. 19–348; DA 21–1024; FRS
44893]
Wireless Telecommunications Bureau
Seeks Comment on the Selection
Process for and Operation of the
Reimbursement Clearinghouse for the
3.45 GHz Band
AGENCY
: Federal Communications
Commission.
ACTION
: Proposed rule.
SUMMARY
: In this document, the
Wireless Telecommunications Bureau
(the Bureau) seeks comment on the
appropriate industry stakeholders to
form a search committee to select a
Reimbursement Clearinghouse
(Clearinghouse) to oversee the
reimbursement of relocation expenses
for certain secondary non-federal
radiolocation licensees in the 3.45–3.55
GHz band (3.45 GHz band). The Bureau
also seeks comment on other issues
related to the Clearinghouse search
committee process.
DATES
: Interested parties may file
comments on or before September 30,
2021; and reply comments on or before
October 12, 2021.
ADDRESSES
: You may submit comments,
identified by WT Docket No. 19–348, by
any of the following methods:
•Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: http://apps.fcc.gov/
ecfs/ in docket number WT Docket No.
19–348. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
•Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
•Filings in response to this Public
Notice may be sent by hand or
messenger delivery, 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.
•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. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
•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.
FOR FURTHER INFORMATION CONTACT
:
Joyce Jones, Wireless
Telecommunications Bureau, Mobility
Division, (202) 418–1327 or
joyce.jones@fcc.gov. For information
regarding the PRA information
collection requirements, contact Cathy
Williams, Office of Managing Director,
at 202–418–2918 or Cathy.Williams@
fcc.gov.
SUPPLEMENTARY INFORMATION
: This is a
summary of a Public Notice in WT
Docket No. 19–348, DA 21–1024,
released August 20, 2021. The full text
of the Public Notice is available for
public inspection at the following
internet address: https://www.fcc.gov/
document/345-ghz-clearinghouse-
search-committee-public-notice.
Alternative formats are available for
people with disabilities (Braille, large
print, electronic files, audio format), by
sending an email to FCC504@fcc.gov or
calling the Consumer and Governmental
Affairs Bureau at 202–418–0530 (voice)
or 202–418–0432 (TTY). Pursuant to
§§ 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 dates indicated on the first page of
this document.
Ex Parte Rules
This proceeding shall continue to be
treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules (47 CFR
1.1200). 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 presenter’s
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 rule
1.1206(b). In proceedings governed by
rule 1.49(f) 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.
Supplemental Initial Regulatory
Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980 (RFA), the
Bureau has prepared a Supplemental
Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant
economic impact on small entities of the
policies and requirements proposed in
the Public Notice. It requests written
public comment on the Supplemental
IRFA contained in the Public Notice.
Comments must be filed in accordance
with the same deadlines as comments
filed in response to the Public Notice as
set forth on the first page of this
document and have a separate and
distinct heading designating them as
responses to the Supplemental IRFA.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
the Public Notice, including the
Supplemental IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Paperwork Reduction Act Analysis
This document contains proposed
information collection requirements.
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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the Commission seeks specific comment
on how it might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
Synopsis
In the 3.45 GHz Band Second R&O,
the Commission adopted rules to make
100 megahertz of mid-band spectrum
available for flexible use throughout the
contiguous United States. To facilitate
this goal, the Commission previously
had determined that secondary, non-
federal radiolocation licensees in the
band would be relocated to the 2.9–3.0
GHz band. In the 3.45 GHz Band Second
R&O, the Commission further
determined that secondary, non-federal
radiolocation authorizations would
sunset 180 days after new 3.45 GHz
Service licenses are granted in the band.
In addition, the Commission required
new flexible-use licensees in the 3.45
GHz Service to reimburse secondary,
non-federal radiolocation licensees for
reasonable costs related to the relocation
of those operations to the 2.9–3.0 GHz
band, including the costs of a relocation
clearinghouse’s administration of the
reimbursement. Specifically, each new
3.45 GHz Service licensee will be
responsible for reimbursement of a pro
rata share of reasonable relocation costs
of non-federal radiolocation operations.
The Commission in the 3.45 GHz
Band Second R&O delegated authority
to the Bureau, working in coordination
with the Office of the Managing
Director, to develop and implement a
clearinghouse selection process similar
to the process used in the 3.7 GHz
proceeding. Consistent with that
delegation, the Bureau now seeks
comment on the appropriate industry
stakeholders to be included in the
search committee for a 3.45 GHz band
Clearinghouse. As in the 3.7 GHz
proceeding, the Commission in the 3.45
GHz Band Second R&O provided for the
creation of a neutral, independent
clearinghouse to oversee the collection
and distribution of relocation
reimbursement payments from new 3.45
GHz Service licensees to non-federal
secondary radiolocation incumbents.
Unlike in the 3.7 GHz context, however,
in the 3.45 GHz proceeding, the
Commission did not identify the
specific industry stakeholders who
would compose the search committee to
select the Clearinghouse.
In the 3.7 GHz proceeding, the
Commission determined that the
clearinghouse search committee would
be composed of nine members
appointed by nine entities that the
Commission found, collectively,
reasonably represented the interests of
the stakeholders in the 3.7 GHz band
transition. These entities represented
incumbents in the band (space station
operators—three entities, and earth
station operators—three entities) and
prospective flexible-use licensees (three
entities). The Commission determined
that the range of entities it had chosen
would fairly represent the broad
interests of the relevant stakeholders in
the 3.7 GHz band transition. The
Commission directed the search
committee to proceed by consensus, but
noted that if a vote on the selection of
a clearinghouse was required, it would
be by a majority vote.
As in the 3.7 GHz proceeding, the
Bureau expects that an effective 3.45
GHz Clearinghouse search committee
should be composed of a mix of entities
representing incumbent and prospective
licensee interests. The Bureau seeks
comment on which industry
stakeholders should be included in the
3.45 GHz Clearinghouse search
committee. The Bureau notes that in
this proceeding, incumbents are two
broadcasters—NBCUniversal and
Nexstar—operating weather radar
systems in the band. Are incumbent
interests sufficiently aligned such that
one entity can represent both
incumbents? Regarding prospective
licensee interests, the Bureau
anticipates Auction 110 for 3.45 GHz
Service licensees to attract a variety of
participants. Who should represent
these prospective licensee interests on
the search committee? Should it be one
or more individual service providers,
one or more industry associations? Are
industry associations better positioned
to serve as clearinghouse participants
than individual service providers,
particularly in advance of known
auction winners? Should the Bureau
take a different approach, such as
combining categories of stakeholders?
Given that each licensee, regardless of
size or location, must pay a pro rata
share of the relocation costs, is there a
need for separate representation of small
and rural businesses and if so, on what
basis? Are there any other entities that
should be included in the search
committee?
The Bureau also seeks comment on
the optimal number of members to
include on the search committee. As
noted above, the 3.7 GHz search
committee was composed of nine
members. As the Commission noted,
compared to the 3.7 GHz band
transition, however, the incumbent
relocation in the 3.45 GHz band
presents a less complex and costly
process, with only two incumbents to be
relocated at an estimated cost of $3.1
million. In light of the relatively simpler
relocation process involved here, is a
nine-member search committee
warranted or necessary? Would a
smaller committee size suffice and
perhaps be more efficient here? For
example, would it be sufficient to have
three members here—one representing
the relocating incumbents, one
representing the wireless industry, and
one representing other prospective
bidders in the band? If not, what other
interests or combinations of interests
should be included?
Consistent with the 3.7 GHz
proceeding, the Bureau proposes that
after it releases a public notice
announcing the entities that will
comprise the search committee, each
selected search committee entity would
nominate one individual to serve on the
search committee. The Bureau seeks
comment on this proposal and any
alternatives. Further, as in the 3.7 GHz
proceeding, the Bureau proposes that
the search committee would proceed by
consensus, but if a vote on the selection
of a clearinghouse is required, it would
be by a majority vote. The Bureau also
proposes that the search committee be
composed of an odd number of
representatives to prevent deadlock. The
Bureau seeks comment on these
proposals.
In the 3.7 GHz proceeding, the
Commission directed the search
committee to notify the Commission of
the detailed selection criteria for the
position of clearinghouse, consistent
with the qualifications, roles, and duties
of the Clearinghouse. The Commission
also asked the search committee to
ensure that the Clearinghouse meets
relevant best practices and standards in
its operation to ensure an effective and
efficient transition. Consistent with this
requirement, the 3.7 GHz band search
committee submitted to the Commission
a Request for Proposal that detailed the
selection criteria and instructions for
filing proposals for the 3.7 GHz band
clearinghouse. The Bureau proposes
that the search committee in the 3.45
GHz Service also submit to the Bureau
detailed selection criteria for the role of
Clearinghouse; such selection criteria
must be consistent with the 3.45 GHz
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Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules
Band Second R&O and the
Commission’s rules. Should the Bureau
include more specific requirements for
the search committee’s selection
criteria? If so, what selection criteria are
appropriate here? Further, should the
search committee provide copies of the
proposals or applications submitted to it
by the potential Clearinghouse
applicants? What oversight role by the
Bureau is appropriate to ensure proper
performance of the search committee
and ultimately the entity that is selected
as the Clearinghouse? The Bureau seeks
comment on these issues.
The Bureau notes that, in the 3.7 GHz
proceeding, the Commission instructed
the search committee to impose a series
of specific requirements on the
Clearinghouse’s work in administering
the transition, e.g., to (1) engage in
strategic planning and adopt goals and
metrics to evaluate its performance, (2)
adopt internal controls for its
operations, (3) use enterprise risk
management practices, and (4) use best
practices to protect against improper
payments and to prevent fraud, waste,
and abuse in its handling of funds. The
Commission did not impose those
requirements for this transition. The
comparatively smaller size and lower
level of complexity of the 3.45 GHz
transition may mean imposing similar
requirements on the 3.45 GHz
Clearinghouse is unnecessary. The
Bureau seeks comment on whether it
should direct the search committee to
require the Clearinghouse to fulfill some
or all of these requirements. Are there
alternate requirements we should direct
the search committee to require? To
what extent should the Bureau
supervise the compliance with any such
requirements?
In addition, we seek comment on the
necessity of the search committee
releasing a formal Request for Proposal
here or whether a less formal selection
process may be appropriate for the
relocation process anticipated in the
3.45 GHz band. The Bureau seeks
comment on any alternative proposals
for the search committee to select the
Clearinghouse, as long as any such
alternatives are consistent with 3.45
GHz Band Second R&O and related
rules. The Bureau also seeks comment
on any other ways in which to tailor the
Clearinghouse search committee process
to the unique circumstances of the 3.45
GHz band.
Finally, the Bureau notes that the
Commission’s Prohibited
Communications rules are in effect for
this proceeding, and reminds interested
parties to be mindful of these rules
when speaking publicly about this
proceeding, including through the filing
of comments in response to this
document.
Lists of Subjects in 47 CFR Parts 1, 2,
and 27
Administrative practice and
procedure, Common carriers,
Communications common carriers,
Telecommunications, Wireless
communication services.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless
Telecommunications Bureau.
[FR Doc. 2021–18585 Filed 9–14–21; 8:45 am]
BILLING CODE 6712–01–P
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