Rule2022-10587
Procedures for Appeals of Relocation Payment Clearinghouse Decisions
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
May 20, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireless Telecommunications Bureau (WTB or Bureau) establishes procedures for the filing and processing of challenges to decisions made by the C-band Relocation Payment Clearinghouse (Clearinghouse) pursuant to the Expanding Flexible Use of the 3.7 to 4.2 GHz Band, Report and Order and Proposed Modification (3.7 GHz Report and Order). This document clarifies that before the Bureau will consider an appeal of a Clearinghouse decision, relevant parties must first file an objection with the Clearinghouse as required by the Federal Communications Commission's rules and pursuant to the process established in the Clearinghouse Dispute Resolution Plan (RPC DRP). The Bureau describes the two possible paths pursuant to which an appeal of a Clearinghouse decision can be made to the Bureau, depending on which party or parties submit a timely notice of objection with the Clearinghouse in this document.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30836-30838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10587]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[WTB Docket No. 21-333; DA 22-300; FR ID 86867]
Procedures for Appeals of Relocation Payment Clearinghouse
Decisions
AGENCY: Federal Communications Commission.
ACTION: Final action.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB
or Bureau) establishes procedures for the filing and processing of
challenges to decisions made by the C-band Relocation Payment
Clearinghouse (Clearinghouse) pursuant to the Expanding Flexible Use of
the 3.7 to 4.2 GHz Band, Report and Order and Proposed Modification
(3.7 GHz Report and Order). This document clarifies that before the
Bureau will consider an appeal of a Clearinghouse decision, relevant
parties must first file an objection with the Clearinghouse as required
by the Federal Communications Commission's rules and pursuant to the
process established in the Clearinghouse Dispute Resolution Plan (RPC
DRP). The Bureau describes the two possible paths pursuant to which an
appeal of a Clearinghouse decision can be made to the Bureau, depending
on which party or parties submit a timely notice of objection with the
Clearinghouse in this document.
DATES: May 20, 2022.
ADDRESSES: All documents must be filed in WT Docket No. 21-333, 3.7-4.2
GHz Band Transition Clearinghouse Dispute Referrals and Appeals, in the
Commission's Electronic Comment Filing System (ECFS), available at
<a href="http://www.fcc.gov/ecfs">http://www.fcc.gov/ecfs</a>. Parties who choose to file by paper must file
an original and one copy of each filing. Filings can be sent by
commercial courier or by the U.S. Postal Service. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission. Commercial deliveries (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 ST
NE, Washington, DC 20554. 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-changeshand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changeshand-delivery-policy</a>. 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#41272222747175012722226f262e37"><span class="__cf_email__" data-cfemail="a6c0c5c5939692e6c0c5c588c1c9d0">[email protected]</span></a> or call the
Consumer & Government Affairs Bureau at 202-418-0530 (voice, 202-418-
0432 (tty).
FOR FURTHER INFORMATION CONTACT: Susan Mort, Wireless
Telecommunications Bureau, at <a href="/cdn-cgi/l/email-protection#9bc8eee8faf5b5d6f4e9efdbfdf8f8b5fcf4ed"><span class="__cf_email__" data-cfemail="b3e0c6c0d2dd9dfedcc1c7f3d5d0d09dd4dcc5">[email protected]</span></a> or 202-418-2429.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document, Public Notice, in WT Docket No. 21-333; DA 22-300, released
on March 21, 2022. The complete text of this document is available on
the Commission's website at <a href="https://www.fcc.gov/document/wtb-announces-appeal-procedures-c-band-clearinghouse-decisions">https://www.fcc.gov/document/wtb-announces-appeal-procedures-c-band-clearinghouse-decisions</a>.
Paperwork Reduction Act
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Congressional Review Act
The Commission will not send a copy of this document to Congress
and the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A), because the adopted action is an
action of particular applicability.
Synopsis
With this document, the Wireless Telecommunications Bureau (WTB or
Bureau) establishes procedures for the filing and processing of
challenges to decisions made by the 3.7-4.2 GHz (C-band) Relocation
Payment Clearinghouse (Clearinghouse).
In the 3.7 GHz Report and Order (85 FR 22804, April 23, 2020), the
Commission found that selecting a single, independent clearinghouse to
oversee cost-related aspects of the C-band transition in a fair and
transparent manner, subject to Commission oversight, would best serve
the public interest. Among its duties set forth by the Commission, the
[[Page 30837]]
Clearinghouse is responsible for making initial determinations about
the reasonableness of transition-related cost reimbursement claims. The
Clearinghouse also apportions costs among 3.7 GHz Service Licensees and
distributes payments to claimants that incur compensable costs. The 3.7
GHz Report and Order also specified that the Clearinghouse will serve
``in an administrative role and in a function similar to a special
master in a judicial proceeding'' and ``may mediate any disputes
regarding cost estimates or payments that may arise in the course of
band reconfiguration; or refer the disputant parties to alternative
dispute resolution fora.'' Any unresolved issues relating to
Clearinghouse decisions may be appealed to the Bureau.
This document sets forth the procedures by which eligible parties
may appeal Clearinghouse decisions to the Bureau. As an initial matter,
we clarify that before the Bureau will consider any appeal, the
relevant party or parties, whether an eligible incumbent claimant or
eligible 3.7 GHz Service Licensee, must first timely file a notice of
objection with the Clearinghouse as required by the Commission's rules
and pursuant to the process established in the Clearinghouse Dispute
Resolution Plan (RPC DRP). Interlocutory appeals, before a timely
notice of objection is filed with the Clearinghouse, will not be
considered by the Bureau.
The RPC DRP identifies different scenarios and timeframes within
which eligible parties must file a notice of objection. Specifically,
the RPC DRP requires eligible incumbent claimants or eligible 3.7 GHz
Service Licensees to file a notice of objection with the Clearinghouse
within twenty (20) days of invoice issuance following Clearinghouse
review of lump sum or reimbursement claims. Where the eligible
incumbent claimant first files a notice of objection to the
Clearinghouse's decision on its lump sum or reimbursement claim within
the applicable twenty (20) day timeline, and an eligible 3.7 GHz
Service Licensee also wishes to be a party to that objection, that
eligible 3.7 GHz Licensee must itself file an objection within thirty
(30) days of invoice issuance. We clarify that the same approach and
timeline will apply in cases where the first notice of objection to a
lump sum or reimbursement claim is filed by the eligible 3.7 GHz
Service Licensee within the applicable twenty (20) day timeline and the
eligible incumbent claimant wishes to be a party to that appeal. In
such cases, that eligible incumbent claimant must itself file an
objection with the Clearinghouse within thirty (30) days of invoice
issuance. Where one or more eligible 3.7 GHz Service Licensees wish to
dispute any type of payment or cost sharing decision by the
Clearinghouse other than a lump sum or reimbursement claim, they must
file an objection within twenty (20) days of statement or invoice
issuance. We further clarify that any other eligible 3.7 GHz Service
Licensee wishing to be a party to an objection of this type first filed
by a different eligible 3.7 GHz Service Licensee must itself file an
objection with the Clearinghouse within thirty (30) days of statement
or invoice issuance.
There are two possible paths pursuant to which an appeal of a
Clearinghouse decision can be made to the Bureau, depending on which
party or parties submit a timely notice of objection with the
Clearinghouse. The first path is a single-party dispute where one
eligible party (whether an incumbent claimant or 3.7 GHz Service
Licensee) files a timely notice of objection with the Clearinghouse and
no other eligible party elects to join by filing its own timely notice
of objection with the Clearinghouse. The second path is a multi-party
dispute where more than one eligible party files a timely notice of
objection regarding the same determination with the Clearinghouse, and
the mediation and arbitration provisions in Sec. 27.1421(b) of the
Commission's rules have already been satisfied (47 CFR 1421(b)). For
example, a multi-party dispute could involve both an eligible incumbent
claimant or one or more eligible 3.7 GHz Service Licensees in the case
of lump sum or reimbursement claim review, or multiple eligible 3.7 GHz
Service Licensees where the apportionment of relocation costs is at
issue. Below, we detail the specific procedures applicable to each
path. In all cases, the requirements (including deadlines) of the 3.7
GHz Report and Order and this document, and any other requirements
established by the Commission or WTB, must be satisfied before the
Bureau will consider an appeal.
Single-Party Disputes: If an eligible incumbent claimant or
eligible 3.7 GHz Service Licensee submits a timely objection to the
Clearinghouse that is not joined by any other eligible party, the
following process applies:
1. The appealing party must directly submit a written appeal to the
Bureau seeking review of the Clearinghouse's decision no later than
thirty (30) days from the date any other eligible party fails to file a
timely notice of objection with the Clearinghouse. While the
Clearinghouse should provide notice to the appealing party that no
other eligible party has joined its dispute within three (3) business
days of such event, we clarify that the appealing party must directly
file a written appeal to the Bureau by the requisite thirty (30) day
deadline in order for its appeal to be considered by the Bureau.
2. The burden of proof lies on the appealing party to demonstrate
in its appeal that the Clearinghouse decision was incorrect. Appealing
parties bear responsibility for their costs associated with an appeal,
none of which are reimbursable transition expenses.
3. The Bureau will issue regular public notices setting pleading
cycles for any single-party appeals received in a given week and
assigning file numbers to each appeal.
4. The Clearinghouse will automatically be joined as the opposing
party to any such appeal and have ten (10) days from the date of any
such public notice to respond, including the submission of any
decisional paperwork or supporting materials.
5. The appealing party will have five (5) days thereafter for any
reply. Filings by third parties are not permitted.
6. All pleadings and documentation relating to an appeal shall be
submitted electronically, using the Commission's Electronic Comment
Filing System (ECFS) in WT Docket No. 21-333, with a copy thereof
served electronically on the Clearinghouse as opposing party. These
pleadings and documents must also comply with Sec. 1.49 of the
Commission's rules (47 CFR 1.49).
7. The first page of any pleading or other document filed by a
party shall be captioned with the name and address of the parties and
the file number assigned by the Bureau.
8. Any party may request confidential treatment of any document, or
portion thereof, pursuant to Sec. 0.459 of the Commission's rules (47
CFR 0.459).
9. The Bureau may, at its discretion, designate the matter for an
evidentiary hearing before an Administrative Law Judge, making the
Enforcement Bureau a party.
Multi-Party Disputes: If an eligible incumbent claimant or eligible
3.7 GHz Service Licensee submits a timely objection to the
Clearinghouse that is joined by at least one other eligible party, the
following process applies:
1. Following the filing of timely notices of objection by multiple
eligible parties with the Clearinghouse, such parties must first
satisfy the mediation and arbitration provisions in Sec. 27.1421(b) of
the Commission's rules (47 CFR 27.1421(b)).
2. Should any issues still remain unresolved and the parties have
not
[[Page 30838]]
opted for arbitration pursuant to Section 9 of the RPC DRP, the
Clearinghouse may refer the matter to the Bureau within ten (10) days
of the recommended decision or advice of the Clearinghouse (qua
mediator) or other mediator. Should all parties elect to seek non-
binding expedited arbitration, the same ten (10) day timeframe will be
applicable to referral of the matter to the Bureau for review following
issuance of a recommended decision or advice from the Clearinghouse
(qua arbitrator) or other arbitrator.
3. The Clearinghouse shall forward the entire record on any
disputed issues, including such dispositions thereof that the
Clearinghouse has considered. The Bureau will rely on the factual
record before it as provided by the Clearinghouse.
4. The burden of proof is on each party to demonstrate that their
view is correct. All eligible parties that filed timely notices of
objection with the Clearinghouse and participated in the underlying
mediation or arbitration will automatically be parties to the appeal
unless they opt out by providing written notice to the Bureau as set
forth below. Appealing parties bear responsibility for their costs
associated with an appeal, none of which are reimbursable transition
expenses.
5. The Bureau will issue a public notice upon receipt of the record
from the Clearinghouse and assign a file number to the appeal.
6. Each party has ten (10) days from the date of such public notice
to either submit statements of position or opt out of the appeal by
providing written notice to the Bureau. Statements shall comply with
Sec. 1.49 of the Commission's rules (47 CFR 1.49). Statements must be
strictly limited to issues raised in the course of mediation and/or
arbitration and facts contained in the record. In their statements,
parties may not introduce facts not contained in the record or
introduce arguments on issues that were not presented to the mediator
and/or arbitrator for consideration. Any material not conforming to
these restrictions will be stricken. Reply filings and filings by third
parties are not permitted. The Clearinghouse and any party to the
appeal may file other documents or pleadings only if specifically
requested by the Commission.
7. Parties' statements, any record documents, and opt out notices
shall be submitted electronically, using the Commission's ECFS in WT
Docket No. 21-333, with a copy thereof served electronically on any
other party to the appeal and the Clearinghouse. These documents must
also comply with Sec. 1.49 of the Commission's rules (47 CFR 1.49).
8. The first page of any statement or other document filed by a
party shall be captioned with the name and address of the parties and
the file number assigned by WTB.
9. The Clearinghouse and any party to the appeal may request
confidential treatment of any document, or portion thereof, pursuant to
Sec. 0.459 of the Commission's rules (27 CFR 0.459).
10. The Bureau may, at its discretion, designate the matter for an
evidentiary hearing before an Administrative Law Judge, making the
Enforcement Bureau a party.
Following a Bureau decision in either a single-party or multi-party
dispute, any party to a specific matter wishing to appeal that decision
may do so by filing with the Commission, within ten (10) days of the
effective date of the Bureau decision, a petition for de novo review,
whereupon the Commission will set the matter for an evidentiary hearing
before an Administrative Law Judge. Parties seeking de novo review of a
decision by the Bureau are advised that, in the course of the
evidentiary hearing, the Commission may require complete documentation
relevant to any disputed matters, and, where necessary, and at the
presiding judge's discretion, require expert engineering, economic, or
other reports, or testimony, and that the cost of producing such
documentation is not a reimbursable transition expense. Parties may
therefore wish to consider possibly less burdensome and expensive means
of resolving their disputes, such as alternative dispute resolution.
A party to any appeal, whether single-party or multi-party, must
certify in each submission that it attests to the truthfulness of the
information it is providing and is making the submission in good faith.
We remind parties of their obligations under Sec. 1.17 of the
Commission's rules (47 CFR 1.17), and note that violators will be
subject to potential enforcement action. The Bureau will determine a
submission has been made in bad faith if, for example, the submitting
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.
Restricted Proceeding. This docket and each appeal is a
``restricted'' proceeding under Sec. 1.1208 (47 CFR 1.1208) of the
Commission's rules, and thus ex parte presentations to or from
Commission decision-making personnel, including the Chief and staff of
the Wireless Telecommunications Bureau, are prohibited, except as
otherwise provided in the Commission's rules.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2022-10587 Filed 5-19-22; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 20, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.