Proposed Rule2023-17579
Expanding Flexible Use of the 12.2-12.7 GHz Band; Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use
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
August 17, 2023
Effective
August 4, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission denies the request of the Satellite Industry Association (SIA), together with Eutelsat S.A., Hispasat, S.A, Intelsat License LLC, Ovzon LLC, SES Americom, Inc., Space Exploration Technologies Corp., and WorldVu Satellites Limited (collectively the Joint Requestors) for a further extension of the comment and reply comment deadlines for the Further Notice of Proposed Rulemaking (FNPRM) and Notice of Proposed Rulemaking (NRPM) that were published as proposed rules in the Federal Register.
Full Text
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<title>Federal Register, Volume 88 Issue 158 (Thursday, August 17, 2023)</title>
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[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55961-55962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17579]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 15, 25, 27, 74, 78, and 101
[WT Docket No. 20-443; GN Docket No. 22-352; DA 23-671; FR ID 163388]
Expanding Flexible Use of the 12.2-12.7 GHz Band; Expanding Use
of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; denial of further extension of comment period.
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SUMMARY: In this document, the Commission denies the request of the
Satellite Industry Association (SIA), together with Eutelsat S.A.,
Hispasat, S.A, Intelsat License LLC, Ovzon LLC, SES Americom, Inc.,
Space Exploration Technologies Corp., and WorldVu Satellites Limited
(collectively the Joint Requestors) for a further extension of the
comment and reply comment deadlines for the Further Notice of Proposed
Rulemaking (FNPRM) and Notice of Proposed Rulemaking (NRPM) that were
published as proposed rules in the Federal Register.
DATES: A request for extension of the FNPRM and NPRM comment and reply
comment deadlines, filed on August 4, 2023, was denied on August 8,
2023. The deadlines for filing comments and reply comments (in response
to the FNPRM and NPRM) continues to be August 9, 2023, and September 8,
2023, respectively, as published at 88 FR 43502 (July 10, 2023) and 88
FR 43938 (July 10, 2023).
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless
Telecommunications Bureau, at <a href="/cdn-cgi/l/email-protection#5023393d3f3e7e32313e293139103633337e373f26"><span class="__cf_email__" data-cfemail="f98a90949697d79b9897809890b99f9a9ad79e968f">[email protected]</span></a> or (202) 418-1443.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
WT Docket No. 20-443; GN Docket No. 22-352; DA 23-671, adopted and
released on August 8, 2023. The full text of this document is available
at <a href="https://docs.fcc.gov/public/attachments/DA-23-671A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-671A1.pdf</a>. Text and
Microsoft Word formats are also available (replace ``.pdf'' in the link
with ``.txt'' or ``.docx'', respectively). 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#365055550306027650555518515940"><span class="__cf_email__" data-cfemail="52343131676266123431317c353d24">[email protected]</span></a>
or call the Commission's Consumer and Governmental Affairs Bureau at
(202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
1. On May 19, 2023, the Commission released a Report and Order and
Further Notice of Proposed Rulemaking (in WT Docket No. 20-443) and
Notice of Proposed Rulemaking and Order (in GN Docket No. 22-352).\1\
In the Further
[[Page 55962]]
Notice of Proposed Rulemaking (FNPRM) the Commission further
investigates the potential to expand terrestrial fixed use or to permit
unlicensed use in the 500 megahertz of mid-band spectrum at 12.2-12.7
GHz (12.2 GHz band). In the Notice of Proposed Rulemaking (NPRM), to
further its efforts to make spectrum available for terrestrial mobile
service or other expanded use, the Commission proposes to repurpose
some or all of the 12.7-13.25 GHz (12.7 GHz band) for mobile broadband
or other expanded use. Comments in response to the FNPRM and the NPRM
are due on August 9, 2023, while reply comments are due on September 8,
2023.
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\1\ See Expanding Flexible Use of the 12.2-12.7 GHz Band;
Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or
Other Expanded Use, WT Docket No. 20-443, GN Docket No. 22-352, FCC
23-36, Report and Order and Further Notice of Proposed Rulemaking
and Notice of Proposed Rulemaking and Order, 2023 WL 3686032 (May
19, 2023) (FCC 23-36). The FNPRM and the NPRM were subsequently
published separately in the Federal Register. See Expanding Flexible
Use of the 12.2-12.7 GHz Band, 88 FR 43502 (July 10, 2023) (FNPRM);
Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or
Other Expanded Use, 88 FR 43938 (July 10, 2023) (NPRM).
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2. On August 4, 2023, the Satellite Industry Association (SIA),
together with Eutelsat S.A., Hispasat, S.A, Intelsat License LLC, Ovzon
LLC, SES Americom, Inc., Space Exploration Technologies Corp., and
WorldVu Satellites Limited (collectively the Joint Requestors) filed a
Joint Request for Extension of the Filing Deadline (Joint Request),
seeking a 45-day extension of the comment (and reply) dates for both
the NPRM and the FNPRM.\2\ The Joint Requestors argue that ``questions
posed in [the FNPRM and] the NPRM have implications for the long-term
interests of the mobile, satellite, broadcasting, and unlicensed
industries, and therefore they require significant and thoughtful
analysis that merits providing additional time for comments and reply
comments.'' \3\ Furthermore, they argue ``[a]dditional time would
benefit satellite operators in particular, who face another comment
deadline only two days before [the FNPRM's and] the NPRM's deadline in
a major spectrum-sharing proceeding that also requires significant
attention and lengthy analysis.'' \4\ They assert that good cause
exists to grant the instant extension request because the FNPRM and the
NPRM involve complex technical questions and policy issues with the
potential to impact ``a diverse set of terrestrial (licensed and
possibly unlicensed) and satellite communications systems,'' and that
``[a]n extension of time will allow interested parties and their
experts the opportunity to better analyze the questions posed in [the
FNPRM and] the NPRM, fostering a collaborative spectrum approach and
allowing them to prepare more thorough responses.'' \5\
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\2\ Joint Request for Extension of Comment Deadline of the
Satellite Industry Association (SIA), together with Eutelsat S.A.,
Hispasat, S.A, Intelsat License LLC, Ovzon LLC, SES Americom, Inc.,
Space Exploration Technologies Corp., and WorldVu Satellites
Limited, WT Docket No. 20-443, GN Docket No. 22-352 (filed Aug. 4,
2023) (Joint Request).
\3\ Id. at 2.
\4\ Id.
\5\ Id. (quoting FCC 23-36 at para. 1).
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3. With this Order, the Wireless Telecommunications Bureau denies
the Joint Request. As set forth in section 1.46 of the Commission's
rules, extensions of time shall not be routinely granted.\6\ Moreover,
Commission rulemaking proceedings often have implications for the long-
term interests of multiple interested industries. The Commission
therefore finds nothing sufficiently unique or unusual that would
warrant significant extensions of the comment deadlines in this
instance.\7\ The Commission is similarly unpersuaded based on the
record before us that extensions of the reply comment deadlines--set
for 30 days after the initial comment deadline--are warranted. Finally,
note that although the FNPRM and the NPRM were released on May 19,
2023, and were thus publicly available for almost three months prior to
the deadline for initial comments, the Joint Request was filed just
days before that deadline, without any explanation about why it was not
filed sooner. Because the Joint Request was filed less than 7 days
before the August 9, 2023, deadline for filing comments,\8\ and because
the Commission finds no justification for extending that deadline, the
Commission declines to do so. The deadline for filing initial comments
in response to the FNPRM and the NPRM remains August 9, 2023.\9\
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\6\ 47 CFR 1.46(a). The Commission also notes that the Joint
Request was untimely filed less than 7 days prior to the August 9,
2023, comment filing deadlines. See 47 CFR 1.46(b) (Motions for
extension of time in which to file . . . comments filed in response
to notice of proposed rulemaking . . . shall be filed at least 7
days before the filing date.).
\7\ Accord Shortwave Modernization Coalition Petition for
Rulemaking to Amend the Commission's Rules to Allow Fixed, Long-
Distance, Non-Voice Communications Above 2 MHz and Below 25 MHz,
Order, 2023 WL 4930836, at *1, para. 3 & n.16 (WTB July 31, 2023)
(citing 47 CFR 1.46(a)); Amendment of Rules Governing Ultra-Wideband
Devices and Systems, RM-11844, Order Denying Extension of Time to
File Comments and Reply Comments, 34 FCC Rcd 7176, 7177, para. 3
(OET 2019).
\8\ 47 CFR 1.46(b).
\9\ See supra note 6. Under 47 CFR 1.46(b), comments need not be
filed until 2 business days after the denial of a timely motion for
extension of time.
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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 Joint Request for Extension of Comment
Deadline filed by the Satellite Industry Association, together with
Eutelsat S.A., Hispasat, S.A, Intelsat License LLC, Ovzon LLC, SES
Americom, Inc., Space Exploration Technologies Corp., and WorldVu
Satellites Limited, on August 4, 2023, is denied.
Federal Communications Commission.
Blaise Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2023-17579 Filed 8-16-23; 8:45 am]
BILLING CODE 6712-01-P
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