Notice2022-26494
Notice of 90-Day Period To Submit Affirmation of Operational Status of Identified Earth Station Antennas To Avoid Losing Incumbent Status or File To Remove Identified Antennas From IBFS if No Longer Operational
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Published
December 9, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the International Bureau (Bureau) provides the following notice to operators of certain incumbent FSS C-band earth station antennas recently reported to the Bureau by RSM US LLP (RSM), the C-band Relocation Coordinator, on behalf of incumbent C-band satellite operators: Failure to submit a filing affirming the continued operation of the earth station antennas reported to the Bureau as inactive and the intent to participate in the C-band transition will result in a Bureau announcement that those authorizations identified as inactive in the Appendix attached to the Public Notice document (PN) have automatically terminated by operation of rule, and that those authorizations will be terminated in IBFS and removed from the incumbent earth station list. According to RSM, each antenna included in the Appendix to the PN document was reported by their earth station operator to RSM or a satellite operator as no longer receiving service from a C-band satellite even though the FCC's International Bureau Filing System (IBFS) continues to include the antenna as active.
Full Text
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<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
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[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75627-75628]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26494]
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FEDERAL COMMUNICATIONS COMMISSION
[IB Docket No. 20-205; DA 22-1202; FR 116562]
Notice of 90-Day Period To Submit Affirmation of Operational
Status of Identified Earth Station Antennas To Avoid Losing Incumbent
Status or File To Remove Identified Antennas From IBFS if No Longer
Operational
AGENCY: Federal Communications Commission (FCC).
ACTION: Notice.
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SUMMARY: In this document, the International Bureau (Bureau) provides
the following notice to operators of certain incumbent FSS C-band earth
station antennas recently reported to the Bureau by RSM US LLP (RSM),
the C-band Relocation Coordinator, on behalf of incumbent C-band
satellite operators: Failure to submit a filing affirming the continued
operation of the earth station antennas reported to the Bureau as
inactive and the intent to participate in the C-band transition will
result in a Bureau announcement that those authorizations identified as
inactive in the Appendix attached to the Public Notice document (PN)
have automatically terminated by operation of rule, and that those
authorizations will be terminated in IBFS and removed from the
incumbent earth station list. According to RSM, each antenna included
in the Appendix to the PN document was reported by their earth station
operator to RSM or a satellite operator as no longer receiving service
from a C-band satellite even though the FCC's International Bureau
Filing System (IBFS) continues to include the antenna as active.
DATES: Identified earth station operators must provide notice of
operational status by February 16, 2023.
FOR FURTHER INFORMATION CONTACT: Kerry Murray, International Bureau,
Satellite Division, at (202) 418-0734, <a href="/cdn-cgi/l/email-protection#266d4354545f086b535454475f6640454508414950"><span class="__cf_email__" data-cfemail="410a243333386f0c3433332038012722226f262e37">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#ace5eeeaffe5e2eae3eccacfcf82cbc3da"><span class="__cf_email__" data-cfemail="f7beb5b1a4beb9b1b8b7919494d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document, DA 22-1202, released November 18, 2022. The full text of this
document, along with the Appendix identifying the specific earth
station antennas subject to automatic termination, is available for
public inspection and can be downloaded at <a href="https://www.fcc.gov/document/ib-identifies-inactive-c-band-incumbent-earth-station-antennas">https://www.fcc.gov/document/ib-identifies-inactive-c-band-incumbent-earth-station-antennas</a>
or by using the search function for IB Docket No. 20-205 on the
Commission's ECFS page at <a href="http://www.fcc.gov/ecfs">www.fcc.gov/ecfs</a>.
Background. Under the Commission's 3.7 GHz Band Report and Order,
RSM is responsible for coordinating with the five incumbent C-band
satellite operators--Eutelsat, Intelsat, SES, StarOne, and Telesat--to
ensure that all incumbent earth stations are accounted for in the
transition.\1\ The overwhelming majority of incumbent earth stations
have been claimed by the satellite operator(s) from which they receive
service, included in the relevant satellite operators' transition plans
to the Commission, and will be transitioned to the upper 200 megahertz
of the band.\2\ RSM, as the C-band Relocation Coordinator, and the
satellite operators have conducted outreach and research to determine
whether incumbent earth station antennas are still operational in the
3.7 GHz band and, if so, from which satellite(s) the earth station
receives its service.\3\ RSM has advised the Commission that it and the
incumbent satellite operators regularly share the results of their
respective outreach efforts to better coordinate the transition of
incumbent earth stations.
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\1\ See Expanding Flexible Use of the 3.7 to 4.2 GHz Band,
Report and Order and Order of Proposed Modification, 85 FR 22804,
22818-22820 (2020) (3.7 GHz Band Report and Order). As a reminder,
the Commission decided in the 3.7 GHz Band Report and Order that it
will no longer accept applications for registration and licenses for
FSS operations in the 3.7-4.0 GHz band in the contiguous United
States and that it will not accept applications for new earth
stations in the 4.0-4.2 GHz band in the contiguous United States for
the time being, during the C-band transition. 3.7 GHz Band Report
and Order, 85 FR 22823.
\2\ 47 CFR 27.1412(d) (transition plan requirements). The
satellite operators also file quarterly status reports in GN Docket
No. 20-173. 47 CFR 27.1412(f).
\3\ 3.7 GHz Band Report and Order, 85 FR 22838.
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In the course of their outreach, the satellite operators and RSM
have identified certain entries on the incumbent list that they report
include antennas that are not active C-band antennas in the 3.7 GHz
band. According to RSM, these entries include: (1) C-band antennas that
are inactive or non-operational, (2) authorizations that list more C-
band antennas than are currently operational at a site,\4\ (3)
duplicate authorizations by the same entity for the same C-band
antennas, and (4) operational antennas that do not receive in the 3.7
GHz band.\5\ RSM represents that these earth station operators have
failed to make filings in the FCC's IBFS to reflect the correct status
of those antennas.
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\4\ According to RSM, in these cases an authorization holder has
included in IBFS, in one or more callsigns, more C-band receive
antennas at a site than exist at that site--e.g., 10 antennas
registered when there are only six antennas at the site.
\5\ For instance, RSM has represented that certain antennas on
the Incumbent List do not receive in the 3.7 GHz band, but are
instead antennas operating on Ku band or Ka band frequencies.
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On October 28, 2022, RSM submitted a letter identifying these
individual earth station antennas that fall into one of the three
categories listed above, which are included on the latest incumbent
earth station list and
[[Page 75628]]
continue to be listed in IBFS.\6\ RSM explains that it compiled this
group of antennas--which were not included in the January 19 PN, May 14
PN, July 23 PN, or September 27 PN--from representations made to RSM by
the satellite operators. We have attached to this PN an Appendix
listing the antennas submitted by RSM that fall into the four
categories.
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\6\ See October 28 RSM filing. The October 28 RSM filing, with
its attachment, can be found in ECFS. See also November 18, 2022, DA
22-1202.
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We hereby presume as a factual matter, on a rebuttable basis, that
earth station antennas included in the Appendix are not active antennas
receiving in the 3.7 GHz band, or that the C-band earth station
antennas associated with a given site, as reflected on the incumbent
list, exceed the actual number of such antennas located at that site.
Absent factual rebuttal from the earth station operator by February 16,
2023, these antennas would not satisfy the Commission's C-band
transition rules that antennas must be operational C-band antennas
entitled to interference protection in the 3.7 GHz band to qualify for
incumbent status.\7\ For inactive earth stations, section 25.161(c) of
the Commission's rules provides that an earth station authorization is
automatically terminated if the station is not operational for more
than 90 days.\8\ Where a registration lists more antennas than have
been observed to exist at a site, the apparently non-existent antennas
will be deemed never to have existed and, accordingly, will fail to
qualify for incumbent status under the C-band transition rules.
Similarly, antennas that operate in other bands but do not receive in
the 3.7 GHz band would not qualify for incumbent status under the C-
band transition rules.\9\
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\7\ 47 CFR 25.138(c)(1). See note 4 supra. As noted above, note
2 supra, the earth station antennas listed in the Appendix hereto do
not include those that are subject to lump sum elections. Those
elections may include C-band antennas whose operators have decided
to discontinue all use of the C-band by the end of the C-band
transition.
\8\ 47 CFR 25.161(c). The Bureau has delegated authority to
enforce the part 25 rules. 47 CFR 0.261(a)(15).
\9\ For the latter two groups of antennas, we note that the
following rules would apply: (1) section 25.162(c) and (e) of the
Commission's rules provide that the interference protection of a
receiving earth station is automatically terminated in certain
circumstances, including when a station has been used less than 50%
of the time during any 12-month period or when actual use of the
facility is inconsistent with what is in a registrant's application,
47 CFR 25.162(c) & (e), and (2) section 25.115(b)(8) of the
Commission's rules require earth station operators to take the steps
necessary to remove non-operational antennas from the active records
in the IBFS, 47 CFR 25.115(b)(8).
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Incumbent earth station operators who need to affirm the continued
operation of the identified earth station antennas. We direct earth
station operators with incumbent earth station antennas that appear on
the appended list to make either of two filings no later than 90 days
after release of this document (i.e., by February 16, 2023): (1) file
to correct the IBFS filings for the affected antennas,\10\ or (2) file
in ECFS IB Docket No. 20-205 affirming that those antennas are
operational antennas receiving in the 3.7 GHz band. An earth station
operator may contact Bureau staff at <a href="/cdn-cgi/l/email-protection#aee7ece8fde7e0e8e1eec8cdcd80c9c1d8"><span class="__cf_email__" data-cfemail="064f4440554f4840494660656528616970">[email protected]</span></a> if it has
questions about the above or if it needs instructions on how to
surrender entire Callsigns in IBFS, how to remove an inactive earth
station antenna from a Callsign that includes other operational earth
station antennas, or how to modify its Callsign to accurately reflect
the bands used by an antenna.
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\10\ In addition to the required filings in IBFS, those earth
station operators may also make a filing in ECFS IB Docket No. 20-
205 confirming the extent to which they are surrendering callsigns,
removing antennas, or modifying callsigns in IBFS.
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Earth station operators with earth station antenna(s) on the
attached list that do not respond by February 16, 2023, affirming
operation of the identified earth station antennas in the 3.7 GHz band
\11\ will be deemed, based on the above presumptions, to have had
either their authorizations to use the 3.7 GHz band for those antennas
or their interference protection in the use of the 3.7 GHz band
automatically terminated by rule. In those cases, the Bureau also will,
as needed, terminate in IBFS those portions of the authorizations
relating to the 3.7 GHz band and/or make changes in IBFS necessary to
accurately reflect actual use of and interference protection for the
relevant facilities. In addition, the Bureau will correct the incumbent
earth station list by removing terminated earth station antennas and
amending the list to no longer include any antennas in the list that
are not operational C-band antennas, including over-registered antennas
or antennas receiving in bands other than the 3.7 GHz band. Protection
from interference from the network deployments of new wireless licenses
and eligibility for reimbursement of any transition costs, including
the cost of any filters, will be limited to those earth station
antennas on the updated list.
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\11\ Notwithstanding an affirmation of continued operation, the
Bureau retains the authority to eliminate an earth station antenna's
incumbent status if the Bureau receives additional evidence that the
antenna has failed to satisfy applicable requirements for
maintaining operation or is otherwise ineligible to be considered an
incumbent.
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Incumbent earth station operators who need to provide additional
information to avoid harmful interference. As a reminder, while not
subject to 90-days' notice, earth station operators that have not
provided the necessary information to the Relocation Coordinator or
satellite operators may not be successfully transitioned before
terrestrial wireless licensees initiate service in the band.
Unless those earth station operators provide the necessary
information, they will risk losing their rights to receive relocation
assistance prior to the initiation of service in the band by the
incoming terrestrial wireless licensees, as well as any rights to
operate in the lower C-band at their current locations free of harmful
interference that may occur as these licensees deploy their networks.
Federal Communications Commission.
Nese Guendelsberger,
Deputy Chief, International Bureau.
[FR Doc. 2022-26494 Filed 12-8-22; 8:45 am]
BILLING CODE 6712-01-P
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