[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Pages 17058-17059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06351]



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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-XXXX; FRS 16592]


Information Collection Being Submitted to the Office of 
Management and Budget for Emergency Review and Approval

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995, the 
Federal Communications Commission (Commission) invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection. Comments are requested 
concerning: Whether the collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; the accuracy of 
the Commission's burden estimate; ways to enhance the quality, utility, 
and clarity of the information collected; ways to minimize the burden 
of the collection of information on the respondents, including the use 
of automated collection techniques or other forms of information 
technology; and ways to further reduce the information collection 
burden on small business concerns with fewer than 25 employees. The 
Commission may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written comments and recommendations for the information 
collection should be submitted on or before April 27, 2020.

ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. Your comment must be submitted into 
www.reginfo.gov per the above instructions for it to be considered. In 
addition to submitting in www.reginfo.gov also send a copy of your 
comment on the information collection to Cathy Williams, FCC, via email 
to [email protected] and to [email protected]. Include in the comments 
the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918.

SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce 
paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 
1995, the FCC invited the general public and other Federal Agencies to 
take this opportunity to comment on the following information 
collection. Comments are requested concerning: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimates; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology. Pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks 
specific comment on how it might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    The Commission is requesting emergency OMB processing of the 
information collection requirement(s) contained in this notice and has 
requested OMB approval no later than 35 days after the collection is 
received at OMB. To view a copy of this information collection request 
(ICR) submitted to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called 
``Currently Under Review,'' (3) click on the downward-pointing arrow in 
the ``Select Agency'' box below the ``Currently Under Review'' heading, 
(4) select ``Federal Communications Commission'' from the list of 
agencies presented in the ``Select Agency'' box, (5) click the 
``Submit'' button to the right of the ``Select Agency'' box, (6) when 
the list of Commission ICRs currently under review appears, look for 
the Title of this ICR and then click on the ICR Reference Number. A 
copy of the Commission's submission to OMB will be displayed.
    OMB Control Number: 3060-XXXX.
    Title: 3.7 GHz Band Space Station Operator Accelerated Relocation 
Elections and Transition Plans; 3.7 GHz Band Incumbent Earth Station 
Lump Sum Payment Elections.
    Form Number: N/A.
    Type of Review: New information collection.
    Respondents: Business or other for-profit entities.
    Estimated Number of Respondents and Responses: 3,010 respondents 
and 3,010 responses.
    Estimated Time per Response: 16 hours per eligible space station 
accelerated relocation election; 80-600 hours per eligible space 
station transition plan; 32 hours per incumbent earth station lump sum 
payment election.
    Frequency of Response: One-time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
sections 1, 2, 4(i), 4(j), 5(c), 201, 302, 303, 304, 307(e), and 309 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 155(c), 201, 302, 303, 304, 307(e), 309.
    Estimated Total Annual Burden: 109,680 hours.
    Total Annual Costs: $900,000.
    Nature and Extent of Confidentiality: The information collected 
under this collection will be made publicly available, however, to the 
extent information submitted pursuant to this information collection is 
determined to be confidential, it will be protected by the Commission. 
If a respondent seeks to have information collected pursuant to this 
information collection withheld from public inspection, the respondent 
may request confidential treatment pursuant to section 0.459 of the 
Commission's rules for such information. See 47 CFR 0.459.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On February 28, 2020, in furtherance of the goal of 
releasing more mid-band spectrum into the market to support and enable 
next-generation wireless networks, the Federal Communications 
Commission (Commission) adopted a Report and Order, FCC 20-22, (3.7 GHz 
Report and Order) in which it reformed the use of the 3.7-4.2 GHz band, 
also known as the C-Band. The 3.7 GHz-4.2 GHz band currently is 
allocated in the United States exclusively for non-Federal use on a 
primary basis for Fixed Satellite Service (FSS) and Fixed Service.
    Domestically, space station operators use the 3.7-4.2 GHz band to 
provide downlink signals of various bandwidths to licensed transmit-
receive, registered receive-only, and unregistered receive-only earth 
stations throughout the

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United States. The 3.7 GHz Report and Order calls for the relocation of 
existing FSS operations in the band into the upper 200 megahertz of the 
band (4.0-4.2 GHz) and making the lower 280 megahertz (3.7-3.98 GHz) 
available for flexible-use throughout the contiguous United States 
through a Commission-administered public auction of overlay licenses 
that is scheduled to occur later this year, with the 20 megahertz from 
3.98-4.0 GHz reserved as a guard band.
    The Commission adopted a robust transition schedule to achieve an 
expeditious relocation of FSS operations and ensure that a significant 
amount of spectrum is made available quickly for next-generation 
wireless deployments, while also ensuring effective accommodation of 
relocated incumbent users. The 3.7 GHz Report and Order establishes a 
deadline of December 5, 2025, for full relocation to ensure that all 
FSS operations are cleared in a timely manner, but provides an 
opportunity for accelerated clearing of the band by allowing incumbent 
space station operators, as defined in the 3.7 GHz Report and Order, to 
commit to voluntarily relocate on a two-phased accelerated schedule 
(with additional obligations and incentives for such operators), with a 
Phase I deadline of December 5, 2021, and a Phase II deadline of 
December 5, 2023.
    The Commission concluded in the 3.7 GHz Report and Order that, 
before the public auction of overlay licenses commences, it is 
appropriate for potential bidders to know when they will get access to 
the spectrum in the 3.7-3.98 GHz band that is currently occupied by 
incumbent FSS space station operators and earth stations, as defined in 
the 3.7 GHz Report and Order, and to have an estimate of how much they 
may be required to pay for incumbent relocation costs and accelerated 
relocation payments should they become overlay licensees, as overlay 
licensees are required to pay for the reasonable relocation costs of 
incumbent space station and incumbent earth station operators that are 
required to clear the lower portion of the band.
    Under this new information collection, the Commission will collect 
information that will be used by the Commission to determine when, how, 
and at what cost existing operations in the lower portion of the 3.7-
4.2 GHz band will be relocated to the upper portion of the band. 
Specifically, the Commission collect the following information from 
incumbents as adopted in the 3.7 GHz Report and Order:

Accelerated Relocation Elections

    The Commission concluded in the 3.7 GHz Report and Order that 
overlay licensees would only value accelerated relocation if a 
significant majority of incumbents are cleared in a timely manner, and 
therefore determined that at least 80% of accelerated relocation 
payments must be accepted in order for the Commission to accept 
accelerated elections and require overlay licensees to pay accelerated 
relocation payments. The 3.7 GHz Report and Order calls for an eligible 
space station operator, as defined in the 3.7 GHz Report and Order, 
that chooses to commit to clear on the accelerated schedule in exchange 
for accelerated relocation payments to submit a written, public, 
irrevocable accelerated relocation election with the Commission by May 
29, 2020, to permit the Commission to determine whether there are 
sufficient accelerated relocation elections to trigger early relocation 
and in turn provide bidders with adequate certainty regarding the 
clearing date and payment obligations associated with each license well 
in advance of the auction.

Transition Plans

    The 3.7 GHz Report and Order requires each eligible space station 
operator to submit to the Commission by June 12, 2020, and make 
available for public review, a detailed transition plan describing the 
necessary steps and estimated costs for the eligible space station 
operator to complete the transition of existing operations in the lower 
portion of the 3.7-4.2 GHz band to the upper 200 megahertz of the band 
and its individual timeline for doing so consistent with the regular 
relocation deadline or by the accelerated relocation deadlines. An 
eligible space station operator that elects to receive accelerated 
relocation payments is responsible for relocating all of its associated 
incumbent earth stations and must outline the details of such 
relocation in the transition plan (unless an incumbent earth station 
owner elects to receive a lump sum payment and assumes responsibility 
for transitioning its own earth stations). Similarly, an incumbent 
space station operator that does not elect to receive accelerated 
relocation payments but nevertheless plans to assume responsibility for 
relocating its own associated incumbent earth stations must make that 
clear in its transition plan.

Incumbent Earth Station Lump Sum Payment Elections

    The 3.7 GHz Report and Order provides an incumbent earth station 
operator with the option of accepting reimbursement payments for its 
reasonable relocation costs for the transition, or opting out of the 
formal relocation process and accepting a lump sum reimbursement 
payment for all of its incumbent earth stations based on the average, 
estimated costs of relocating all of their incumbent earth stations in 
lieu of actual relocation costs. The 3.7 GHz Report and Order directs 
the Wireless Telecommunications Bureau to announce the lump sum that 
will be available per incumbent earth station as well as the process 
for electing lump sum payments and requires that no later than 30 days 
after this announcement, an incumbent earth station operator that 
wishes to receive a lump sum payment make an irrevocable lump sum 
payment election that will apply to all of its earth stations in the 
contiguous United States.
    This information collection will serve as the starting point for 
planning and managing the process of efficiently and expeditiously 
clearing of the lower portion of the band, so that this spectrum can be 
auctioned for flexible-use service licenses.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2020-06351 Filed 3-25-20; 8:45 am]
 BILLING CODE 6712-01-P