Notice2021-17180
Wireless Telecommunications Bureau Opens a New Docket and Establishes the Process for C-Band Space Station Operator Phase I Certification of Accelerated Relocation
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Published
August 12, 2021
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 153 (Thursday, August 12, 2021)</title>
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[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44359-44361]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a> 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). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>
[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 <a href="/cdn-cgi/l/email-protection#03507670626d2d4e6c7177436560602d646c75"><span class="__cf_email__" data-cfemail="3e6d4b4d5f501073514c4a7e585d5d10595148">[email protected]</span></a> 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
<a href="https://www.fcc.gov/document/wtb-sets-c-band-phase-i-accelerated-relocation-certification-process">https://www.fcc.gov/document/wtb-sets-c-band-phase-i-accelerated-relocation-certification-process</a> 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 <a href="http://www.fcc.gov/ecfs">www.fcc.gov/ecfs</a>.
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 <a href="/cdn-cgi/l/email-protection#294f4a4a1c191d694f4a4a074e465f"><span class="__cf_email__" data-cfemail="e5838686d0d5d1a5838686cb828a93">[email protected]</span></a> 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
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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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