[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20111-20113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07816]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 25, 27, and 101

[WT Docket No. 20-443; GN Docket No. 17-183; DA 21-370; FR ID 20758]


Expanding Flexible Use of the 12.2-12.7 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule, extension of comment and reply comment period.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) extends the comment and reply comment period of the Notice 
of the Proposed Rulemaking of the proceeding that was released on 
January 15, 2021.

DATES: The deadline for filing comments is extended to May 7, 2021, and 
the deadline for filing reply comments is extended to June 7, 2021.

ADDRESSES: You may submit comments, identified by WT Docket No. 20-443 
and GN Docket No. 17-183, by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All

[[Page 20112]]

filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19.
     During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.
    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).

FOR FURTHER INFORMATION CONTACT: Madelaine Maior of the Wireless 
Telecommunications Bureau, Broadband Division, at 202-418-1466 or 
[email protected]; or Simon Banyai of the Wireless 
Telecommunications Bureau, Broadband Division, at 202-418-1443 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in WT Docket No. 20-443; DA 21-370, adopted and released March 29, 
2021. The full text of this document,\1\ visit FCC's website at https://docs.fcc.gov/public/attachments/FCC-21-13A1.pdf or via the FCC's 
Electronic Comment Filing System (ECFS) website at http://www.fcc.gov/ecfs. (Documents will be available electronically in ASCII, Microsoft 
Word, and/or Adobe Acrobat.) Alternative formats are available for 
people with disabilities (braille, large print, electronic files, audio 
format), by sending an email to [email protected] or calling the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).
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    \1\ Expanding Flexible Use of the 12.2-12.7 GHz Band, Order, DA 
21-370.
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I. Background

    1. On January 15, 2021, the Commission released a NPRM seeking 
input on the feasibility of allowing flexible-use services in the 12.2-
12.7 GHz band (12 GHz band) while protecting incumbents from harmful 
interference.\2\ The NPRM set deadlines for filing comments and reply 
comments of April 7, 2021, and May 7, 2021, respectively.
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    \2\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et 
al., WT Docket No. 20-443, Notice of Proposed Rulemaking, FCC 21-13, 
2021 WL 228049 (Jan. 15, 2021) (NPRM). The comment and reply comment 
deadlines were set at 30 and 60 days after publication in the 
Federal Register, which occurred on March 8, 2021. See Federal 
Communications Commission, Expanding Flexible Use of the 12.2-12.7 
GHz Band, 86 FR 13266 (Mar. 8, 2021).
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    2. On March 19, 2021, the Computer & Communications Industry 
Association (CCIA), INCOMPAS, Open Technology Institute at New America, 
and Public Knowledge (``Movants'') filed a motion for a 30-day 
extension of the these filing deadlines, such that comments would be 
due May 7, 2021, and reply comments would be due June 7, 2021.\3\ The 
Movants state that the NPRM solicits comment on important factual, 
legal, technical and policy issues that require thorough analyses from 
engineers, lawyers, and consultants and will take time to substantively 
address.\4\ Movants further assert that no party will be prejudiced by 
granting the Motion and that authorizing additional time potentially 
will allow all interested parties to (1) more fully develop their 
responses to the Commission's NPRM, leading to a better record; and (2) 
more fully explore the applicability to the 12 GHz band of sharing 
solutions developed for use in other frequency bands.\5\ The Movants 
aver that good cause exists for granting the Motion and that doing so 
would be consistent with past precedent.\6\ Parties filing responses to 
this Motion (Respondents) either support or do not object to a 30-day 
extension and no opposition has been filed.\7\
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    \3\ See Motion of CCIA et al. for Extension of Time, WT Docket 
No. 20-443, et al., at 1 (filed Mar. 19, 2021), https://ecfsapi.fcc.gov/file/103190996020555/Joint%20Motion%20for%20Extension%20-%2012%20GHz%20(3.19.21).pdf 
(Motion).
    \4\ Id. at 2-3 (Movants state that that this is especially so 
for organizations that represent an array of interests that also 
have been working diligently on the implementation of COVID-19-
relief programs that are critical for the nation).
    \5\ Id.
    \6\ Id. & n.7 (citing Implementation of State and Local 
Governments' Obligation to Approve Certain Wireless Facility 
Modification Requests Under Sec.  6409(a) of the Spectrum Act of 
2012; Accelerating Wireline Broadband Deployment by Removing 
Barriers to Infrastructure Investment, Order Granting Extension of 
Time, 34 FCC Rcd 8660, 8660, para. 3 (2019)); see also id. at 2-3 & 
n.8 (citing Commission Staff Requests That Interested Parties 
Supplement the Record on Draft Interference Rules for Wireless 
Communications Service and Satellite Digital Audio Radio Service, 
Order Extending Comment Period, 25 FCC Rcd 3642, 3643-44, para. 5 
(2010)).
    \7\ See Ruth Pritchard-Kelly, Senior Advisor, ONEWEB, et al., 
(``12 GHz Alliance'') to Marlene H. Dortch, Secretary, FCC, at 1 
(Mar. 23, 2021); David Goldman, Director of Satellite Policy, Space 
Exploration Technologies Corp., to Marlene H. Dortch, Secretary, 
FCC, at 1 (Mar. 22, 2021). The 12 GHz Alliance does not object to 
the Motion but requests suspension of comment and reply comment 
deadlines until RS Access, LLC, provides certain technical analyses 
referenced in a filing by RS Access. See, e.g., Letter from Trey 
Hanbury, Counsel to RS Access, LLC, to Marlene H. Dortch, Secretary, 
FCC, WT Docket No. 20-443, Attachment at 1 (filed Feb. 8, 2021) 
(stating that its ``preliminary engineering analysis indicates that 
spectrum sharing with SpaceX and other NGSO FSS licensees is 
feasible''); Letter from Trey Hanbury, Counsel to RS Access, LLC, to 
Marlene H. Dortch, Secretary, FCC, WT Docket No. 20-443, at 3 (filed 
Feb. 26, 2021); Letter from Trey Hanbury, Counsel to RS Access, LLC, 
to Marlene H. Dortch, Secretary, FCC, WT Docket No. 20-443, at 2 
(filed Feb. 19, 2021); Letter from Trey Hanbury, Counsel to RS 
Access, LLC, to Marlene H. Dortch, Secretary, FCC, WT Docket No. 20-
443, at 2 (filed Mar. 15, 2021). The Commission declines to take 
this action, which may be rendered moot by its grant of the instant 
Motion.
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    3. The Commission grants the Motion for Extension of Time. As set 
forth in Sec.  1.46 of the Commission's rules,\8\ the Commission does 
not routinely grant extensions of time for filing comments in 
rulemaking proceedings. In this case, however, The Commission finds 
good cause for granting an extension of the comment and reply comment 
periods for reasons identified by the Movants and the Respondents. 
Specifically, the Commission concludes that extension of the comment 
and reply deadlines to May 7, 2021, and June 7, 2021, respectively, is 
warranted to provide commenters with additional time to prepare 
comments and reply comments that fully respond to the complex economic, 
engineering, and policy issues raised in the NPRM.
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    \8\ 47 CFR 1.46.
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II. Ordering Clauses

    4. Accordingly, it is ordered that, pursuant to Sec.  4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 0.131, 
0.331, and 1.46 of the Commission's rules, 47 CFR 0.131, 0.331, and 
1.46, the Motion for Extension of Time filed by CCIA, INCOMPAS, Open 
Technology Institute at New America, Public Knowledge is granted.
    5. It is further ordered that the deadlines to file comments and 
reply comments in this proceeding are granted to May 7, 2021, and June 
7, 2021, respectively.

[[Page 20113]]

List of Subjects in 47 CFR Parts 2, 15, 25, 27 and 101

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-07816 Filed 4-15-21; 8:45 am]
BILLING CODE 6712-01-P