Proposed Rule2021-18585
Wireless Telecommunications Bureau Seeks Comment on the Selection Process for and Operation of the Reimbursement Clearinghouse for the 3.45 GHz Band
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Published
September 15, 2021
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 176 (Wednesday, September 15, 2021)</title>
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[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Proposed Rules]
[Pages 51335-51337]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18585]
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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.
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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:
<bullet> Electronic Filers: Comments 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 WT Docket No. 19-348. See Electronic Filing of Documents
in Rulemaking Proceedings, 63 FR 24121 (1998).
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> 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.
<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. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
<bullet> 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>.
FOR FURTHER INFORMATION CONTACT: Joyce Jones, Wireless
Telecommunications Bureau, Mobility Division, (202) 418-1327 or
<a href="/cdn-cgi/l/email-protection#3b515442585e155154555e487b5d5858155c544d"><span class="__cf_email__" data-cfemail="a2c8cddbc1c78cc8cdccc7d1e2c4c1c18cc5cdd4">[email protected]</span></a>. For information regarding the PRA information
collection requirements, contact Cathy Williams, Office of Managing
Director, at 202-418-2918 or <a href="/cdn-cgi/l/email-protection#0142607569782f56686d6d68606c72416762622f666e77"><span class="__cf_email__" data-cfemail="2063415448590e77494c4c49414d53604643430e474f56">[email protected]</span></a>.
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: <a href="https://www.fcc.gov/document/345-ghz-clearinghouse-search-committee-public-notice">https://www.fcc.gov/document/345-ghz-clearinghouse-search-committee-public-notice</a>. 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#a4e2e7e7919490e4c2c7c78ac3cbd2"><span class="__cf_email__" data-cfemail="a3e5e0e0969397e3c5c0c08dc4ccd5">[email protected]</span></a>
or calling the Consumer and Governmental Affairs Bureau at 202-418-0530
(voice) or 202-418-0432 (TTY). 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 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.
[[Page 51336]]
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
[[Page 51337]]
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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