[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Pages 10280-10281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03408]



[[Page 10280]]

-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[IB Docket No. 20-205; DA 21-81; FRS 17434]


Notice of 90-Day Period To Submit Affirmation of Continued 
Operation of the Identified Earth Station Antennas and of Intent To 
Participate in the C-Band Transition

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the International Bureau (Bureau) provides 
the following notice to (1) operators of incumbent Fixed Satellite 
Service (FSS) C-band earth station antennas that have been reported as 
no longer operational and (2) incumbent FSS C-band earth station 
operators that have not responded to communications from RSM US LLP 
(RSM), the C-band Relocation Coordinator, and/or incumbent C-band 
satellite operators: Failure to submit a filing to the Bureau by no 
later than 90 days after the release of the Bureau's Notice (April 19, 
2021) affirming the continued operation of the identified earth station 
antennas and the intent to participate in the C-band transition will 
result in a Bureau announcement that the authorizations identified in 
the attached documents filed by RSM in IB Docket No. 20-205 on January 
14, 2021 have automatically terminated by operation of rule, and that 
those authorizations will be terminated in the International Bureau 
Filing System (IBFS) and removed from the incumbent earth station list.

DATES: Identified earth station operators must provide notice of 
operational status by April 19, 2021.

FOR FURTHER INFORMATION CONTACT: Kerry Murray, International Bureau, 
Satellite Division, at (202) 418-0734, [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 21-81, released January 19, 2021. The full text of this 
document, along with the attachments identifying the specific earth 
station antennas subject to automatic termination, is available for 
public inspection and can be downloaded at https://www.fcc.gov/document/ib-identifies-inactiveunresponsive-c-band-incumbent-earth-stations or by using the search function for Docket No. 20-205 on the 
Commission's ECFS page at www.fcc.gov/ecfs.
    Background. Under the Commission's 3.7 GHz Band Report and Order, 
RSM is responsible for coordinating with the five incumbent C-band 
satellite operators--Eutelsat, Intelsat, SES, StarOne, and Telesat--to 
ensure that all incumbent earth stations are accounted for in the 
transition.\1\ The overwhelming majority of incumbent earth stations 
have been claimed by the satellite operator from which they receive 
service and will be transitioned to the upper 200 megahertz of the 
band. Because the incumbent satellite operators do not necessarily have 
a direct customer relationship with each earth station receiving from 
their satellites, the satellite operators have conducted significant 
outreach to earth station operators to build, refine, and maintain 
their lists of claimed stations, which have been identified in each of 
the satellite operators' transition plans to the Commission.\2\ A 
limited number of incumbent earth stations, however, remain unclaimed 
by any of the satellite operators. In these cases, RSM, as the C-band 
Relocation Coordinator, has conducted outreach and research to 
determine whether the earth station is still active and, if so, the 
satellite(s) from which the earth station receives its service so that 
it may assign, if possible, that earth station to a satellite operator 
for transition purposes.\3\ RSM states that it and the incumbent 
satellite operators regularly share the results of their respective 
outreach efforts to better coordinate the transition of incumbent earth 
stations.
---------------------------------------------------------------------------

    \1\ See Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 
Report and Order and Order of Proposed Modification, 35 FCC Rcd 
2343, 2391, paras. 116-23 (2020) (3.7 GHz Band Report and Order).
    \2\ See 47 CFR 27.1412(d) (transition plan requirements). The 
most recent status information on the satellite operators' 
transitions plans can be found in their respective quarterly reports 
filed in GN Docket No. 20-173 on December 31, 2020.
    \3\ 3.7 GHz Band Report and Order, 35 FCC Rcd 2343, 2460, para. 
313. To the extent an earth station antenna cannot be assigned to a 
satellite operator, RSM is ultimately responsible for recommending 
an earth station transition plan for that antenna and to assist, 
when necessary, the earth station by installing filters or hiring 
third parties to install such filters. 47 CFR 27.1413(c)(3)(ii).
---------------------------------------------------------------------------

    On January 14, 2021, RSM submitted an ex parte filing that includes 
two lists of incumbent earth stations. The ex parte letter is provided 
as Attachment C to DA 21-81. In one list, Attachment A to DA 21-81, RSM 
identifies various individual earth station antennas that it reports, 
based on communications with earth station operators by RSM or 
satellite operators or both, as no longer operational at the site 
address and GPS coordinates provided in the latest incumbent earth 
station list.\4\ In the other list, Attachment B to DA 21-81, RSM 
identifies earth station operators (and associated antennas) that it 
reports as unresponsive to multiple and varied C-band transition 
outreach efforts by RSM, the satellite operators, or both, via email, 
phone, and, in some cases, certified mail.
---------------------------------------------------------------------------

    \4\ See International Bureau Releases Updated List of Incumbent 
Earth Stations in the 3.7-4.2 GHz Band in the Contiguous United 
States, Public Notice, DA 20-1424, IB Docket No. 20-205 (rel. Nov. 
30, 2020) and Erratum to International Bureau Releases Updated List 
of Incumbent Earth Stations in the 3.7-4.2 GHz Band in the 
Contiguous United States, Public Notice, DA 20-1448, IB Docket No. 
20-205 (rel. Dec. 3, 2020) for the current incumbent earth station 
list and an explanation of the criteria applied to be included on 
the list.
---------------------------------------------------------------------------

    Reported inactive earth station antennas. RSM and/or the incumbent 
satellite operators have reported that, based on their communications 
with the relevant earth station operators, the incumbent earth station 
antennas identified in Attachment A are no longer operational. Under 
the Commission's rules, antennas must continue to be operational to 
qualify for incumbent status.\5\
---------------------------------------------------------------------------

    \5\ 47 CFR 25.138(c)(1).
---------------------------------------------------------------------------

    We hereby presume that earth station antennas reported to us as 
inactive on Attachment A are no longer operational. Section 25.161(c) 
of the Commission's rules provides that an earth station authorization 
is automatically terminated if the station is not operational for more 
than 90 days.\6\ We also note that the Commission's rules require earth 
station operators to take the steps necessary to remove non-operational 
antennas from the active records in the International Bureau Filing 
System (IBFS).\7\
---------------------------------------------------------------------------

    \6\ See 47 CFR 25.161(c). The Bureau has delegated authority to 
enforce the Part 25 rules. 47 CFR 0.261(a)(15).
    \7\ 47 CFR 25.115(b)(8).
---------------------------------------------------------------------------

    We direct earth station operators with incumbent earth station 
antennas reported to Commission staff as inactive to make either of two 
filings no later than 90 days after release of this Notice (April 19, 
2021): (1) File to remove those antennas from IBFS as no longer 
operational as required by Commission rule, or (2) file in Electronic 
Comment Filing System (ECFS) IB Docket No. 20-205 to assert that those 
antennas are still operational. An earth station operator may contact 
Bureau staff at [email protected] if it wants advice on how to make a 
filing in ECFS, if it needs instructions on how to surrender entire 
Callsigns in IBFS or how to remove an inactive earth station antenna 
from a Callsign that includes other operational earth station antennas, 
or if it has other questions about the above.

[[Page 10281]]

    Earth station operators that do not respond by April 19, 2021 to 
affirm the continued operation of the identified earth station antennas 
will be deemed to have had the authorizations for those antennas 
automatically terminated by rule. Those authorizations will be 
terminated in IBFS, i.e., the IBFS records for those antennas will be 
shown with a terminated status. Such terminated earth stations will 
also be removed from the incumbent earth station list and will not be 
entitled to protection from interference from the network deployments 
of new wireless licenses or be eligible for reimbursement of any 
transition costs, including the cost of any filters, that those earth 
stations may decide to incur.
    Unresponsive earth station operators (and associated antennas). 
Based on their failure to respond to multiple contact attempts by RSM 
and the incumbent satellite operators, we hereby presume that the 
incumbent earth station antennas identified in Attachment B as 
associated with unresponsive earth station operators have ceased 
operations. Section 25.161(c) of the Commission's rules provide that an 
earth station authorization is automatically terminated if the station 
is not operational for more than 90 days.\8\
---------------------------------------------------------------------------

    \8\ 47 CFR 25.161(c).
---------------------------------------------------------------------------

    To confirm whether or not these unresponsive station operators have 
discontinued the operation of these earth station antennas, we direct 
the operators of earth stations on the list whose facilities continue 
to be operational to submit a notification, by no later than 90 days 
after release of this Public Notice (i.e., no later than April 19, 
2021), affirming that these facilities remain operational and that they 
intend to participate in the C-band transition. Operators should submit 
this notification to the Bureau in ECFS IB Docket No. 20-205. In 
providing this response, an earth station operator affirming that the 
identified earth station antennas remain operational should identify 
the satellite from which each antenna is receiving service. Commission 
staff will forward all affirmations of continued operation to the 
Relocation Coordinator and/or relevant satellite operator(s), who will 
contact affirming earth station operators directly to initiate the 
transition. An earth station operator may contact Bureau staff at 
[email protected] if it wants advice on how to make a filing in ECFS.
    Earth station operators that do not respond by April 19, 2021 to 
affirm the continued operation of the identified earth station antennas 
will be deemed to have had the authorizations for those antennas 
automatically terminated by rule. Those authorizations will be 
terminated in IBFS. Such terminated earth stations will also be removed 
from the incumbent earth station list and will not be entitled to 
protection from interference from the network deployments of new 
wireless licenses or be eligible for reimbursement of any transition 
costs, including the cost of any filters, that those earth stations may 
decide to incur.

    Federal Communications Commission.
Troy Tanner,
Deputy Chief, International Bureau.
[FR Doc. 2021-03408 Filed 2-18-21; 8:45 am]
BILLING CODE 6712-01-P