Notice2023-27244
Wireless Telecommunications Bureau Adopts Final Deadlines for Submission of C-Band Reimbursement Claims
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Published
December 14, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireless Telecommunications Bureau (WTB or Bureau) adopts two final reimbursement claims submission deadlines by which eligible incumbents and other eligible stakeholders are required to submit any outstanding transition-related claims to the C- band Relocation Payment Clearinghouse (RPC) for processing as part of the ongoing transition of the 3.7-4.2 GHz band (C-band). On October 13, 2023, the Bureau issued a Public Notice seeking comment on certain proposals advanced by the RPC, AT&T, Verizon, and SES relating to the conclusion of the C-band transition reimbursement program and wind down of the RPC's operations. After review of the record, WTB adopts: February 5, 2024, as the submission deadline to the RPC for all reimbursement claims for costs incurred and paid by claimants as of December 31, 2023, including all lump sum election claims by incumbent earth station operators; and July 1, 2024, as the submission deadline to the RPC for all reimbursement claims for costs incurred and paid by claimants after December 31, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 239 (Thursday, December 14, 2023)</title>
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[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86644-86646]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27244]
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FEDERAL COMMUNICATIONS COMMISSION
[GN Docket No. 18-122; DA 23-1132; FR ID 190109]
Wireless Telecommunications Bureau Adopts Final Deadlines for
Submission of C-Band Reimbursement Claims
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB
or Bureau) adopts two final reimbursement claims submission deadlines
by which eligible incumbents and other eligible stakeholders are
required to submit any outstanding transition-related claims to the C-
band Relocation Payment Clearinghouse (RPC) for processing as part of
the ongoing transition of the 3.7-4.2 GHz band (C-band). On October 13,
2023, the Bureau issued a Public Notice seeking comment on certain
proposals advanced by the RPC, AT&T, Verizon, and SES relating to the
conclusion of the C-band transition reimbursement program and wind down
of the RPC's operations. After review of the record, WTB adopts:
February 5, 2024, as the submission deadline to the RPC for all
reimbursement claims for costs incurred and paid by claimants as of
December 31, 2023, including all lump sum election claims by incumbent
earth station operators; and July 1, 2024, as the submission deadline
to the RPC for all reimbursement claims for costs incurred and paid by
claimants after December 31, 2023.
DATES: Applicable December 5, 2023.
ADDRESSES: Federal Communications Commission, 45 L St NE, Washington,
DC 20554.
People with Disabilities. To request materials in accessible
formats (braille, large print, electronic files, audio format) for
people with disabilities, send an email to <a href="/cdn-cgi/l/email-protection#c7a1a4a4f2f7f387a1a4a4e9a0a8b1"><span class="__cf_email__" data-cfemail="b8dedbdb8d888cf8dedbdb96dfd7ce">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Susan Mort of the Wireless Telecommunications
Bureau, at (202) 418-2429 or <a href="/cdn-cgi/l/email-protection#cc9fb9bfada2e281a3beb88caaafafe2aba3ba"><span class="__cf_email__" data-cfemail="32614741535c1c7f5d4046725451511c555d44">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice,
Wireless Telecommunications Bureau Adopts Final Deadlines for
Submission of C-Band Reimbursement Claims, released on December 5,
2023. The full text of this document is available for public inspection
online at <a href="https://www.fcc.gov/document/wtb-adopts-c-band-claim-deadlines">https://www.fcc.gov/document/wtb-adopts-c-band-claim-deadlines</a>.
1. With this Public Notice, the Wireless Telecommunications Bureau
(WTB or Bureau) adopts two final reimbursement claims submission
deadlines by which eligible incumbents and other eligible stakeholders
are required to submit any outstanding transition-related claims to the
C-band Relocation Payment Clearinghouse (RPC) for processing as part of
the ongoing transition of the 3.7-4.2 GHz
[[Page 86645]]
band (C-band). On October 13, 2023, the Bureau issued a Public Notice
seeking comment on certain proposals advanced by the RPC, AT&T,
Verizon, and SES relating to the conclusion of the C-band transition
reimbursement program and wind down of the RPC's operations. After
review of the record, WTB adopts: (1) February 5, 2024, as the
submission deadline to the RPC for all reimbursement claims for costs
incurred and paid by claimants as of December 31, 2023, including all
lump sum election claims by incumbent earth station operators; and (2)
July 1, 2024, as the submission deadline to the RPC for all
reimbursement claims for costs incurred and paid by claimants after
December 31, 2023. WTB defers action on other proposals as detailed
below.
2. For the small number of anticipated claims that may be incurred
and/or paid after July 1, 2024, whether a one-time or recurring cost,
to be considered for reimbursement, the claimant must submit the
claim(s) for RPC review through its Coupa portal and pursuant to its
procedures before the July 1, 2024 deadline with the best supporting
documentation and information available at that time. The Bureau
directs the RPC and relevant claimants to coordinate in advance of the
submission of such claims and, as appropriate, on a process and
timeline for submitting any additional documentation that the RPC may
deem necessary to evaluate the eligibility of such claims and safeguard
against fraud, waste, or abuse. The Bureau strongly cautions claimants
that all reimbursement claims, including the submission of any
anticipated claims that have not been incurred and paid prior to July
1, 2024, remain subject to the RPC's review and approval, consistent
with its delineated responsibilities and the standards articulated in
the 3.7 GHz Report and Order, and that no inferences are intended nor
should be taken about the eligibility of any claims for reimbursement
as part of the C-band transition reimbursement program by virtue of
their submission for RPC review. The Bureau also cautions claimants
that the submission of anticipated claims in this manner should not be
viewed or used as a means to circumvent the finality of the final
claims submission deadlines. Anticipated claims submitted through these
means should be as specific in nature as possible and not open-ended,
and claimants must still demonstrate that such claims meet the
eligibility criteria established by the Commission in the 3.7 GHz
Report and Order in order to be reimbursed. That said, WTB believes
that there is sufficient latitude as part of the normal discourse
between the RPC and claimants in the claims review process, and as part
of our appeals process, to allow for subsequently amended claims in
appropriate circumstances where an initial claim was timely filed.
3. In addition, given that the RPC must complete its review of any
such claims in the first instance, the Bureau believes that a waiver of
sections 27.1415 or 27.1418(b)(2) of the Commission's rules, as
suggested by Intelsat, is not necessary for any anticipated claims to
be submitted to the RPC for review, nor would it be appropriate at this
time as we decline to prejudge the merits of any individual future
claims, particularly in the absence of any specific factual record on
such claims before us at this juncture. To the extent that the relevant
claimant and/or any 3.7 GHz Service Licensee(s) disagree with the RPC's
initial determination on whether such claims are reimbursable, they may
seek recourse from the RPC and the Bureau pursuant to our existing
appeals procedures.
4. The Bureau reminds all C-band transition claimants and other
eligible stakeholders must submit all reimbursement claims to the RPC,
including for lump sum elections, by the relevant deadline as set forth
above. So long as a reimbursement claim is submitted to the RPC through
its Coupa portal and pursuant to its procedures and our above guidance
by the relevant deadline, even if the RPC later finds upon review that
additional information is needed from the claimant in order to process
the claim, a claimant's submission of a claim through Coupa and
pursuant to the RPC's procedures and our above guidance is sufficient
to meet our deadline requirement. The Bureau directs the RPC to
consider any claims which are not submitted in this manner by the
relevant deadline as untimely, and the RPC need not process or
reimburse such claims. To the extent there is any question about which
claims submission deadline is the relevant one for any given
reimbursement claim, the RPC will make the initial determination,
subject to Bureau review on appeal pursuant to our established
procedures.
5. In their ex parte, AT&T and Verizon requested that the
Commission adopt certain deadlines to facilitate the conclusion of the
C-band transition reimbursement process. The Bureau agrees that AT&T's
and Verizon's proposals that the Commission specify when the RPC should
issue a final funding request, set a deadline for the RPC to process
all claims, and set a deadline for the RPC to finish its program audit
are premature and, accordingly, the Bureau declines to make a
determination on these proposals at this time. The Bureau likewise
defers action on either a general or specific deadline by which the RPC
must process individual reimbursement claims.
6. While WTB does not believe that adoption of either a general or
specific deadline for RPC processing is appropriate at this time, and
could inadvertently delay the review process to the extent the Bureau
was called to resolve any timing disputes, WTB directs the RPC to
continue expeditiously processing both pending and future reimbursement
claims upon receipt of all required information from claimants, while
maintaining all necessary safeguards to prevent fraud, waste, and
abuse. The RPC should prioritize the processing of any residual pending
claims submitted prior to the release of this Public Notice with the
goal of resolution by March 30, 2024, and strive to resolve any later
submitted claims within 90 days from submission. By the same token,
claimants are instructed to ensure that their claims are timely
submitted to the RPC with all required documentation, and to promptly
respond to the RPC's requests for supplemental information, which in
most cases should be no later than 30 days from any such request. To
the extent that the claimant is not responsive to the RPC's requests
for supplemental information in a timely manner, the RPC may process
related claims on the basis of the information previously submitted by
such claimant.
7. Finally, WTB declines to require any specific process measures
that may unnecessarily limit the RPC in its ability to initially review
claims or its duty to prevent fraud, waste, or abuse. WTB also
clarifies that nothing in this Public Notice is intended to limit the
RPC's ability to perform any necessary tasks to either: (1) recoup
appropriate costs for the benefit of the C-band transition
reimbursement program and the 3.7 GHz Service Licensees, such as
through the sale of unused satellites; (2) as appropriate, perform
true-ups, offsets, or other accounting practices relating to previously
reimbursed claims based upon subsequent developments; and (3) evaluate
and reconcile the 2% cap on soft costs as the reimbursement program
winds down. The Bureau will continue to oversee the RPC's progress with
a view towards facilitating the timely conclusion of the C-band
transition reimbursement program and wind down
[[Page 86646]]
of the RPC's operations, and encourage the RPC to tailor its operations
over time as it continues to make progress in bringing this program to
a successful resolution.
Federal Communications Commission.
Amy Brett,
Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-27244 Filed 12-13-23; 8:45 am]
BILLING CODE 6712-01-P
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