Proposed Rule2021-12947
Expanding Flexible Use of the 12.2-12.7 GHz Band
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 22, 2021
Effective
April 16, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission grants the request by SpaceX Holdings, LLC, WorldVu Satellites Limited, Kepler Communications, Intelsat License LLC, and SES S.A., for an extension of the reply comment deadline for the proposed rule published in the Federal Register.
Full Text
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<title>Federal Register, Volume 86 Issue 117 (Tuesday, June 22, 2021)</title>
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[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Proposed Rules]
[Pages 32669-32671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12947]
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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 21-649; FR ID 32905]
Expanding Flexible Use of the 12.2-12.7 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule, extension of reply comment period.
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SUMMARY: In this document, the Commission grants the request by SpaceX
Holdings, LLC, WorldVu Satellites Limited, Kepler Communications,
Intelsat License LLC, and SES S.A., for an extension of the reply
comment deadline for the proposed rule published in the Federal
Register.
DATES: The reply comment period for the proposed rule published April
16, 2021, at 86 FR 20111, is extended. Reply comments should be
received either on or before July 7, 2021.
ADDRESSES: You may submit comments, identified by WT Docket No. 20-443
and GN Docket No. 17-183, by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
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.
<bullet> 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.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> 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.
<bullet> 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.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#8bede8e8bebbbfcbede8e8a5ece4fd"><span class="__cf_email__" data-cfemail="660005055356522600050548010910">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
FOR FURTHER INFORMATION CONTACT: Madelaine Maior of the Wireless
Telecommunications Bureau, Broadband Division, at 202-418-1466 or
<a href="/cdn-cgi/l/email-protection#a7eac6c3c2cbc6cec9c289eac6cec8d5e7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="a3eec2c7c6cfc2cacdc68deec2caccd1e3c5c0c08dc4ccd5">[email protected]</span></a>; or Simon Banyai of the Wireless
Telecommunications Bureau, Broadband Division, at 202-418-1443 or
<a href="/cdn-cgi/l/email-protection#a7f4cecac8c989e5c6c9dec6cee7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="7023191d1f1e5e32111e091119301613135e171f06">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in
[[Page 32670]]
WT Docket No. 20-443; DA 21-649, adopted and released on June 3, 2021.
The full text of this document visit FCC's website at <a href="https://docs.fcc.gov/public/attachments/DA-21-649A1.pdf">https://docs.fcc.gov/public/attachments/DA-21-649A1.pdf</a> or via the FCC's
Electronic Comment Filing System (ECFS) website at <a href="http://www.fcc.gov/ecfs">http://www.fcc.gov/ecfs</a>. (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 <a href="/cdn-cgi/l/email-protection#bfd9dcdc8a8f8bffd9dcdc91d8d0c9"><span class="__cf_email__" data-cfemail="43252020767377032520206d242c35">[email protected]</span></a> or calling the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
I. Background
1. On January 15, 2021, the Commission released a Notice of
Proposed Rulemaking (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.\1\ In response to a
motion filed by CCIA, et al. for an extension of time to file comments
and replies to the NPRM,\2\ the Bureau released an Order on March 29,
2021, allowing an additional 30 days to file comments and replies
(Extension Order).\3\ 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.'' \4\ The
Bureau, however, declined two requests by SpaceX Holdings, LLC
(``SpaceX''), WorldVu Satellites Limited (``OneWeb''), Kepler
Communications, Intelsat License LLC, and SES S.A. (the ``12 GHz
Alliance'') to indefinitely suspend the initial comment deadline until
RS Access, LLC (RS Access) provided certain technical analyses.\5\
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\1\ 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).
\2\ 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., (filed Mar. 19, 2021).
\3\ 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) (Extension Order) (extending deadlines for comments and reply
comments to May 7, 2021, and June 7, 2021, respectively).
\4\ Extension Order at para. 3.
\5\ See Extension Order at n.6 (citing Letter from Ruth
Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to Marlene H.
Dortch, Secretary, FCC, at 1 (Mar. 23, 2021)); Expanding Flexible
Use of the 12.2-12.7 GHz Band, et al., WT Docket No. 20-443, et al.,
Order, DA 21-519 (WTB May. 4, 2021) (Further Extension Denial Order)
(denying further extension requested by 12 GHz Alliance in Letter
from Ruth Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to
Marlene H. Dortch, Secretary, FCC (Apr. 26, 2021)).
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2. On May 24, 2021, the 12 GHz Alliance filed the instant request
for a 30-day extension of the Reply Comment deadline of June 7,
2021.\6\ The 12 GHz Alliance seeks additional time to adequately review
and respond to ``voluminous--nearly 300 pages in comments and exhibits
between just [RS Access, LLC and DISH Network Corporation].'' \7\ In
response, the 5Gfor12GHz Coalition opposes the instant Reply Extension
Request on various grounds.\8\ The 5Gfor12GHz Coalition argues that the
complex and voluminous nature of the comments do not form the basis for
an extension beyond the normal comment and reply schedule expected of
routine technical proceedings that involve complex filings.\9\
Furthermore, the 5Gfor12GHz Coalition assert that the previously
granted extension of the comment deadline by the Commission in this
proceeding provided ample additional time for stakeholders to prepare
and submit the necessary technical and economic analyses, and that any
further delay will hamper 5G deployment in this band to U.S.
consumers.\10\
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\6\ Motion of Space Exploration Holdings, LLC, WorldVu
Satellites Limited, Kepler Communications, Intelsat License LLC, and
SES S.A. (12 GHz Alliance) for Extension of Time, WT Docket No. 20-
443, et al., (filed May 24, 2021) (Reply Extension Request).
\7\ Reply Extension Request at 3.
\8\ See Opposition of 5Gfor12GHz Coalition to Motion for
Extension of Time to File Reply Comments, WT Docket No. 20-443, et
al., (filed May 27, 2021) (5Gfor12GHz Coalition Opposition). The
5Gfor12GHz Coalition's members include INCOMPAS, Public Knowledge,
DISH Network, 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, MVD Number 53 Partners, Resound
Networks, Rise Broadband, Rural Wireless Association (RWA), Tel Net
Worldwide, Tilson, VMware, WeLink, White Cloud Technologies, Xiber
and X-Lab. 5Gfor12GHz Coalition Opposition at 1, n.1. Public
Knowledge, Federated Wireless, MVD Number 53 Partners, and Center
for Rural Strategies abstained from this opposition. Id.
\9\ See 5Gfor12GHz Coalition Opposition at 2 (citing Amendment
of Rules Governing Ultra-Wideband Devices and Systems, Order Denying
Extension of Time to File Comments and Reply Comment, 34 FCC Rcd.
7176, 7177 ] 3 (2019) (denying request to extend comment and reply
deadlines in response to a petition for rulemaking) (Ultra-Wideband
Extension Denial).
\10\ See 5Gfor12GHz Coalition Opposition at 4.
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3. The Commission grants the Reply Extension Request filed by the
12 GHz Alliance. As set forth in Section 1.46 of the Commission's
rules,\11\ the Commission does not routinely grant extensions of time
for filing comments in rulemaking proceedings. Nevertheless, the
Commission previously found good cause for granting a 30-day extension
of the original comment period to provide commenters with additional
time to prepare initial comments addressing the complex economic,
engineering, and policy issues raised in the NPRM. The Commission now
finds that a 30-day extension of the reply comment period--until July
7, 2021--is justified for the same reasons, in order to give parties
ample time to respond to the complex economic, engineering, and policy
issues raised in the initial comments to the NPRM.\12\ The Commission
notes that the precedent for denying the Reply Extension Request cited
by the 5Gfor12GHz Coalition is unpersuasive in this case.\13\
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\11\ 47 CFR 1.46.
\12\ In making this finding, the Commission gives no credit to
the 12 GHz Alliance's suggestion that the studies that RS Access and
DISH submitted with their timely-filed comments were somehow
``belated submissions . . . to limit other interested parties'
ability to review and [reply].'' Reply Extension Request at 3. See
generally 5Gfor12GHz Coalition Opposition at 3, Letter from Trey
Hanbury, Counsel to RS Access, LLC, to Marlene H. Dortch, Secretary,
FCC, at 2 (``The notion that timely receipt of a party's initial
comments in a Commission rulemaking proceeding precludes other
parties' meaningful participation in that proceeding defies logical
explanation.'') (Apr. 28, 2021).
\13\ The Ultra-Wideband Extension Denial cited by the 5Gfor12GHz
Coalition, see supra note 9, involved a decision declining to extend
both the original comment and reply comment deadlines in response to
a public notice for a petition for rulemaking--a step preliminary to
initiation of a rulemaking proceeding. By comparison, the pleading
cycle in the instant proceeding is in response to the NPRM, and the
Bureau previously found a 30-day extension of the original comment
deadline was justified in this case.
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II. Ordering Clause
4. Accordingly, it is ordered that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and
Sec. Sec. 0.131, 0.331, and 1.46 of the Commission's rules, 47 CFR
0.131, 0.331, and 1.46, the Reply Extension Request filed by SpaceX
Holdings, LLC, WorldVu Satellites Limited, Kepler Communications,
Intelsat License LLC, and SES S.A., on May 24, 2021 IS GRANTED.
[[Page 32671]]
5. It is further ordered that the deadline to file reply comments
in this proceeding is extended to July 7, 2021.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-12947 Filed 6-21-21; 8:45 am]
BILLING CODE 6712-01-P
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