[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Proposed Rules]
[Pages 59633-59635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23647]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 27
[WT Docket No. 13-225; DA 13-1877]
Wireless Telecommunications Bureau Opens Docket To Seek Comment
on DISH Network Corporation's Petition for Waiver and Request for
Extension of Time
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission announces the opening of WT
Docket No. 13-225 and seeks comment on a Petition for Waiver and
Request for Extension of time filed by DISH Network Corporation (DISH
Request), which would enable more flexibility that would serve and
promote the underlying objectives of the Commission to utilize all of
the AWS-4 spectrum more robustly.
DATES: Submit comments on or before September 30, 2013. Submit reply
comments on or before October 10, 2013.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554. You may submit comments, identified by WT Docket
No. 13-225, DA 13-1877, 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 email: [email protected] or phone: (202) 418-
0530 or TTY: (202) 418-0432.
Availability of Documents. Comments, reply comments, and
ex parte submissions will be available for public inspection during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW., CY-A257, Washington,
DC, 20554. These documents will also be available via ECFS. Documents
will be available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.
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: Matthew Pearl, Broadband Division,
Wireless Telecommunications Bureau, at (202) 418-2607 or by email at
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public
notice released on September 13, 2013, DA 13-1877, that announced the
opening of WT Docket No. 13-225 and that the Commission is seeking
comment on a Petition for Waiver and Request Extension of Time filed by
DISH Network Corporation (``DISH Request''). Copies of the DISH Request
and any subsequently-filed documents 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 email at [email protected]. The
DISH Request and any associated 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 complete text is
also available on the Commission's Web site at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-1877A1.docx.
Alternative formats (computer diskette, large print, audio cassette,
and Braille) are available by contacting Brian Millin at (202) 418-
7426, TTY (202) 418-7365, or via email to [email protected].
Summary
1. On September 9, 2013, the DISH Network Corporation, on behalf of
its wholly-owned subsidiaries, Gamma Acquisition LLC and New DBSD
Satellite Services G.P. (collectively, DISH), filed a Petition for
Waiver and a Request for Extension of Time (DISH Request) with the
Wireless Telecommunications Bureau (Bureau). DISH filed its pleading as
an attachment in the Universal Licensing System (ULS) to all of the
AWS-4 licenses held by its wholly-owned subsidiaries, Gamma Acquisition
LLC (Call Signs T060430001-T060430176) and New DBSD Satellite Services
G.P. (Call Signs T070272001-T070272176). Specifically, DISH requests
waiver of certain technical rules for the 2 GHz band at 2000-2020 MHz
and 2180-2200 MHz (AWS-4 band) to permit operational flexibility to use
the lower AWS-4 block, 2000-2020 MHz, currently designated as an uplink
band, for either uplink or downlink operations. Pursuant to Sec. Sec.
1.3 and 1.925(b)(3)(i) of the Commission's rules, DISH seeks a waiver
of Sec. 27.5(j), which sets forth pairing requirements for AWS-4, and
Sec. 27.53(h)(2)(ii), which imposes out-of-band emission limits for
AWS-4 operations in the 2000-2020 MHz band, as well as other technical
AWS-4 rules ``to the extent required.'' DISH Request at 2 & n.2, 6 &
n.11, 9-12. See 47 CFR 27.5(j), 27.53(h)(2)(ii); see also Service Rules
for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz
Bands, WT Docket Nos. 12-70, 04-356, ET Docket No. 10-142, Report and
Order and Order of Proposed Modification, 27 FCC Rcd 16102 (2012) (AWS-
4 Report and Order), recon. pending. In addition, DISH requests an
[[Page 59634]]
extension of the final build-out requirement for each of the AWS-4
licenses. Pursuant to Sec. 1.946(e) of the Commission's rules, DISH
requests a one-year extension of the final construction requirement set
forth for AWS-4 licenses in Sec. 27.14(q). See 47 CFR 27.14(q). The
purpose of this public notice is to announce the opening of a docket,
WT Docket No. 13-225, to seek comment on DISH's request and to
establish the ex parte status of discussions related to the Petition
for Waiver and Request for Extension of Time.
2. DISH, which is also the Mobile Satellite Service licensee in the
2000-2020 and 2180-2200 MHz bands, asserts that ``[g]rant of the
requested flexibility will serve and promote the underlying objectives
of the Commission's AWS-4 rules by enabling DISH to utilize all of the
AWS-4 spectrum more robustly and by improving the extent to which the
AWS-4 band coexists with future licensees in the adjacent H and J
Blocks.'' See Service Rules for Advanced Wireless Services H Block--
Implementing Section 6401 of the Middle Class Tax Relief and Job
Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz
Bands, WT Docket No. 12-357, Report and Order, 28 FCC Rcd 9483 (2013)
(H Block Report and Order); Amendment of the Commission's Rules with
Regard to Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz,
and 2155-2180 MHz Bands; GN Docket No. 13-185, Notice of Proposed
Rulemaking, FCC 13-102, rel. July 23, 2013 (AWS-3 NPRM). DISH further
states that grant of such operational flexibility will permit AWS-4
operations in the 2000-2020 MHz block to be harmonized with operations
in the adjacent PCS band, and H and J Blocks, thus potentially
providing up to 30 megahertz of contiguous downlink spectrum. If the
requested relief is granted, DISH commits to file, ``as soon as
commercially practicable but no later than 30 months after the grant of
[its] petition . . . an election with the Commission stating whether it
will deploy the 2000-2020 MHz band for downlink or uplink use.''
3. With regard to its request for extension, DISH asserts that a
one-year extension of the final build-out requirement for AWS-4 is
``necessary for DISH to update its network and device planning to
accommodate the requested flexibility.'' Among other things, DISH
states that it will need to ``initiate work for a new standard from the
3rd Generation Partnership Project (``3GPP'')[,] . . . restart work to
design devices and base stations, and make substantial changes to its
network planning.''
Procedural Matters
Ex Parte Presentations--Permit-But-Disclose Proceeding
4. This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the ex parte rules. Persons making ex
parte presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule Sec.
1.1206(b). In proceedings governed by rule Sec. 1.49(f) or for which
the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
Comment Period and Filing Procedures
5. To allow the Commission to consider fully all substantive issues
regarding the DISH Request in as timely and efficient a manner as
possible, commenters should raise all issues in their initial filings.
New issues may not be raised in responses or replies. A party or
interested person seeking to raise a new issue after the pleading cycle
has closed must show good cause why it was not possible for it to have
raised the issue previously. Submissions after the pleading cycle has
closed that seek to raise new issues based on new facts or newly
discovered facts should be filed within 15 days after such facts are
discovered. Absent such a showing of good cause, any issues not timely
raised may be disregarded by the Commission.
6. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
For ECFS filers, in completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket number. Parties may also submit an
electronic comment by Internet email. To get filing instructions for
email comments, commenters should send an email 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.
Paper Filers: the original and one copy 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. All
filings must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th Street SW., Room TW-A325, Washington, DC 20554. 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,
Express, and Priority mail should be addressed to 445 12th Street SW.,
Washington, DC 20554. All filings must
[[Page 59635]]
be addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission, 445 12th Street SW., Washington, DC
20554.
One copy of each pleading must be delivered
electronically, by email 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: (1) The Commission's
duplicating contractor, Best Copy and Printing, Inc., at
[email protected] or (202) 488-5563 (facsimile); and (2) Matthew Pearl,
Broadband Division, WTB, at [email protected] or (202) 418-7247
(facsimile). Any submission that is emailed to Best Copy and Printing
should include in the subject line of the email: (1) The docket number
of this proceeding, which is listed on the first page of this public
notice; (2) the name of the submitting party; and (3) a brief
description or title identifying the type of document being submitted
(e.g., WT Docket No. 13-225, [name of submitting party], Notice of Ex
Parte Communication).
People with Disabilities. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
Availability of Documents. Comments, reply comments, and
ex parte submissions will be available for public inspection during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW., CY-A257, Washington,
DC, 20554.
These documents will also be available via ECFS. Documents will be
available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.
Federal Communications Commission
Blaise A. Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2013-23647 Filed 9-26-13; 8:45 am]
BILLING CODE 6712-01-P