[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Notices]
[Pages 38162-38164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10370]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 02-353; ET Docket No. 00-258; DA 06-1279]


Wireless Telecommunications Bureau Opens Filing Window for 
Proposals To Develop and Manage the Clearinghouse That Will Administer 
the Relocation Cost Sharing Plan for Licensees in the 2.1 GHz Bands

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Wireless Telecommunications Bureau 
(Bureau) announces the opening of the filing window in soliciting 
proposals from entities who wish to act as a neutral, not-for-profit 
clearinghouse responsible for facilitating cost sharing among entrants 
benefiting from the relocation of incumbent licensees in the 2.1 GHz 
bands.

DATES: The Bureau will accept proposals until July 17, 2006, and will 
make the proposals available for public inspection. Comments on the 
specific proposals or on other issues related to the Bureau's selection 
of a clearinghouse must be filed by July 31, 2006, and replies to 
comments on specific proposals must be filed by August 14, 2006.

ADDRESSES: You may submit comments, identified by [WT Docket No. 02-
353; ET Docket No. 00-258; DA 06-1279], by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mary Woytek, Wireless 
Telecommunications Bureau, Broadband Division, at (202) 418-2487.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document DA 06-1279, released June 15, 2006, in WT Docket No. 02-353, 
ET Docket No. 00-258. Copies of the

[[Page 38163]]

documents filed in this matter may be obtained from Best Copy and 
Printing, Inc. in person at 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, via telephone at (202) 488-5300, via facsimile at 
(202) 488-5563, or via e-mail at [email protected]. These documents are 
also available for public inspection and copying during normal 
reference room hours at the following Commission office: FCC Reference 
Information Center, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554. The documents are also available electronically through the 
Commission's ECFS, which may be accessed on the Commission's Internet 
Web site at http://www.fcc.gov. People with Disabilities: Contact the 
FCC to request this public notice in accessible formats (computer 
diskette, large print, audio recording, and Braille) send an e-mail to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
(202) 418-0539 (voice), (202) 418-0432 (TTY).
    Background Information. On April 12, 2006, the Commission adopted 
the AWS Relocation and Cost Sharing Report and Order,\1\ establishing 
procedures for the relocation of Broadband Radio Service (BRS) 
operations from the 2150-2160/62 MHz band.\2\ The AWS Relocation and 
Cost Sharing Report and Order also established procedures for the 
relocation of Fixed Microwave Service (FS) operations from the 2160-
2175 MHz band and modified existing relocation procedures for the 2110-
2150 MHz and 2175-2180 MHz bands. In addition, the Commission adopted 
cost sharing rules to identify the reimbursement obligations for 
Advanced Wireless Service (AWS) and Mobile Satellite Service (MSS) 
entrants benefiting from the relocation of incumbent FS operations in 
the 2110-2150 MHz and 2160-2200 MHz bands and AWS entrants benefiting 
from the relocation of BRS incumbents in the 2150-2160/62 MHz band.
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    \1\ Amendment of part 2 of the Commission's rules to Allocate 
Spectrum Below 3 GHz for Mobile and Fixed Service to Support the 
Introduction of New Advanced Wireless Services, including Third 
Generation Wireless Systems, ET Docket No. 00-258, Service Rules for 
Advances Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT 
Docket No. 02-353, Ninth Report and Order and Order, FCC 06-45 (rel. 
April 21, 2006) (AWS Relocation and Cost Sharing Report and Order).
    \2\ The Multipoint Distribution Service (MDS) was renamed the 
Broadband Radio Service (BRS) in the BRS R&O. See Amendment of parts 
1, 21, 73, 74 and 101 of the Commission's rules to Facilitate the 
Provision of Fixed and Mobile Broadband Access, Educational and 
Other Advanced Services in the 2150-2162 MHz and 2500-2690 MHz 
Bands, WT Docket No. 03-66, Report and Order and Further Notice of 
Proposed Rulemaking, 19 FCC Rcd 14165 (2004) (BRS R&O and FNPRM); 
Third Memorandum Opinion and Order and Second Report and Order, FCC 
06-46 (rel. April 27, 2006) (BRS Third MO&O and Second R&O). 
Therefore, all former MDS licensees are now referred to as BRS 
licensees. BRS uses 2160-2162 MHz only in the top 50 markets. In WT 
Docket 03-66, as part of an overall restructuring of the BRS 
spectrum, the Commission established a channel plan in the 2496-2690 
MHz band that is designed to accommodate BRS licensees that 
currently operate in the 2150-2160/62 MHz band.
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    Specifically, in the AWS Relocation and Cost Sharing Report and 
Order, the Commission delegated authority to the Bureau to select one 
or more entities for the creation and management of a neutral, not-for-
profit clearinghouse \3\ that would facilitate cost sharing among AWS 
and MSS entrants benefiting from the relocation of FS incumbents in the 
2110-2150 MHz and 2160-2200 MHz bands. Mobile Satellite Service 
operators are required to participate in the clearinghouse for 
Ancillary Terrestrial Component (ATC) base stations, see e.g., 47 CFR 
101.82(d), and may elect to submit claims for reimbursement to the AWS 
clearinghouse for FS links relocated due to interference from the MSS 
space-to-Earth operations. The Commission also therein delegated 
authority to the Bureau to select one or more entities for the creation 
and management of a neutral, not-for-profit clearinghouse to facilitate 
cost sharing among AWS entrants benefiting from the relocation of BRS 
incumbents in the 2150-2160/62 MHz band.\4\ The Commission stated that 
selection would be based on criteria established by the Bureau, and 
that the Bureau would publicly announce the criteria and solicit 
proposals from qualified parties. The Commission also instructed the 
Bureau to solicit public comment on proposals that are submitted and, 
after selecting the clearinghouse administrator(s), to announce the 
effective date of the clearinghouse filing requirements.\5\
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    \3\ WTB will select one or more entities to operate as a 
neutral, not-for-profit clearinghouse(s). This clearinghouse(s) will 
administer the cost-sharing plan. See 47 CFR 27.1162, 27.1178. For 
convenience only, herein we refer to the clearinghouse in the 
singular.
    \4\ See AWS Relocation and Cost Sharing Report and Order at 
paragraphs 106-107. The Commission made no determination at the time 
as to whether a clearinghouse must provide administration for both 
FS and BRS-related cost sharing. See id. at n.374. However, the 
Commission recognized the efficiencies in a clearinghouse 
administering the cost sharing processes for the relocation of both 
FS and BRS incumbents in the subject bands. See id. at paragraph 
106.
    \5\ See id. at paragraphs 83, 107. Claims for reimbursement are 
limited to relocation expenses incurred on or after the date when 
the first AWS license is issued in the relevant AWS band (start 
date). If a clearinghouse is not selected by that date, claims for 
reimbursement and notices of operation for activities that occurred 
after the start date but prior to the clearinghouse selection must 
be submitted to the clearinghouse within thirty calendar days of the 
selection date. See 47 CFR 27.1166.
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    Parties submitting comments to the Commission should specifically 
address the particulars of each proposal. In addition, we seek comment 
on whether more than one clearinghouse would be feasible and, if we 
decide to designate multiple clearinghouses, what mechanisms should be 
implemented to facilitate their simultaneous operation. We further seek 
comment on whether, as a general matter, proposals that offer to 
administer cost sharing for both FS and BRS relocations are preferable 
to proposals that seek to administer cost sharing for only one of these 
relocation processes.
    Clearinghouse Proposals. We request that an existing or newly-
formed entity interested in serving as a cost sharing clearinghouse 
submit a business plan detailing how the entity would perform the 
functions of a clearinghouse. Proposals received after July 17, 2006, 
will not be considered. At a minimum, each proposal must include:
     A reference to this public notice and WT Docket No. 02-353 
and ET Docket No. 00-258;
     The name and a description of the entity proposing to be a 
clearinghouse, and a description of its qualifications;
     Information regarding financial data, including business 
plans, which should address how the entity intends to raise start-up 
funds and how much the entity plans to charge for individual 
transactions;
     Whether the entity is interested in serving as a 
clearinghouse for FS relocations, BRS relocations, or both;
     A detailed description of accounting methods (e.g., how 
the entity intends to separate out premium payments, which are 
nonreimbursable);
     A description of how the entity intends to address 
concerns about confidentiality, and a description of security measures 
the entity will take to safeguard submitted information, including off-
site data back-up facilities and measures to ensure continuity of 
access to the information in the event the entity's operations are 
interrupted;
     A certification that the entity will be able and willing 
to work with other clearinghouse managers should WTB decide to 
designate more than one;
     A certification that the entity is a not-for-profit 
organization and will retain its not-for-profit status during the term 
of its operations;
     A description of how the entity intends to remain 
impartial and how it will prevent any conflicts of interest;
     An assessment of how long it would take the entity to 
become operational

[[Page 38164]]

and how many days it would take the clearinghouse to notify licensees 
of a reimbursement obligation;
     A description of how the entity intends to resolve 
disputes between parties (e.g., disputes over whether a particular 
expense is reimbursable); and
     The name, address, telephone number, and signature of a 
contact person familiar with the proposal.
    We emphasize that the above requirements are only what, at a 
minimum, must be included in each proposal. The Bureau will evaluate 
proposals by balancing a number of factors, which include the criteria 
listed above (in particular, the entity's qualifications, plans for 
operation of the clearinghouse, and amount of time to become 
operational) as well as an overall assessment of the particulars of 
each entity's proposal.
    Once selected, a clearinghouse must operate in accordance with the 
Commission's rules. Accordingly, any entity proposing to serve as a 
clearinghouse is expected to be familiar with the applicable Commission 
rules, policies, and procedures.
    Filing instructions. Under the Commission's current procedures for 
the submission of filings and other documents,\6\ submissions in this 
matter may be filed electronically (i.e., through ECFS) or by paper 
copy. EXCEPTION: Any material submitted with a request for non-
disclosure pursuant to 47 CFR 0.459 must be filed by paper. 
Confidential filings are not permitted to be filed electronically.
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    \6\  See Implementation of Interim Electronic Filing Procedures 
for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); see 
also FCC Announces a New Filing Location for Paper Documents and a 
New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 
22165 (2001); Reminder: Filing Locations for Paper Documents and 
Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd 
16705 (2003).
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     If filed by ECFS,\7\ comments shall be sent as an 
electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket number. Parties may also submit an electronic comment 
by Internet e-mail. For ECFS filers, if multiple docket or rule making 
numbers appear in the caption of this proceeding, filers must transmit 
one electronic copy of the comments for each docket or rule making 
number referenced in the caption. To get filing instructions for e-mail 
comments, commenters should send an e-mail to [email protected], and should 
include the following words in the body of the message, ``get form 
.'' A sample form and directions will be sent in 
reply.
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    \7\ See Electronic Filing of Documents in Rulemaking 
Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 
11322 (1998).
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     If filed by paper, the original and four copies of each 
filing must be filed by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. Commercial 
overnight mail (other than U.S. Postal Service Express Mail and 
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol 
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, 
and Priority Mail should be addressed to 445 12th Street, SW., 
Washington, DC 20554. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     One copy of each pleading must be delivered 
electronically, by e-mail or facsimile, or if delivered as paper copy, 
by hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (according to the 
procedures set forth above for paper filings), to the Commission's 
duplicating contractor, Best Copy and Printing, Inc., at 
[email protected], or (202) 488-5563 (facsimile).
     Permit-but-disclose proceeding. Because of the policy 
implications and potential impact of this proceeding on persons not 
parties hereto, we believe it would be in the public interest to treat 
all proposals filed in response to this public notice as a single, 
permit-but-disclose proceeding under the ex parte rules, see 47 CFR 
1.1200(a) and 1.1206. Therefore, subsequent to the release of this 
public notice, ex parte presentations that are made with respect to 
proposals, comments, or other issues involved herein will be allowed 
but must be disclosed in accordance with the requirements of Sec.  
1.1206(b) of the Commission's rules, 47 CFR 1.1206(b). Permit-but-
disclose ex parte procedures permit interested parties to make ex parte 
presentations to the Commissioners and Commission employees and require 
that these presentations be disclosed in the record of the relevant 
proceeding. Persons making a written ex parte presentation to the 
Commissioners or Commission employees must file the written 
presentation with the Commission's Secretary no later than the next 
business day after the presentation. 47 CFR 1.1206(b)(1). Persons 
making oral ex parte presentations must file a summary of the 
presentation and deliver copies to the Commissioners or Commission 
employees involved with the presentation no later than the next 
business day after the presentation. 47 CFR 1.1206(b)(2). All ex parte 
filings must be clearly labeled as such and must reference WT Docket 
No. 02-353 and the DA number of this public notice, DA 06-1279.
    Decision. WTB will base its decision on the information provided. 
Once WTB designates one or more clearinghouse managers, such 
designation(s) will take effect upon the execution by such 
clearinghouse manager(s) and the WTB of a Memorandum of Understanding 
(MOU). Once a decision has been made and MOUs executed, the Bureau will 
announce by public notice the names and addresses of the selected 
Database Managers.

Federal Communications Commission.
Catherine W. Seidel,
Acting Chief, Wireless Telecommunications Bureau.
 [FR Doc. E6-10370 Filed 7-3-06; 8:45 am]
BILLING CODE 6712-01-P