[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Proposed Rules]
[Pages 28520-28522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11066]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

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

[WT Docket No. 20-443; GN Docket No. 17-183; DA 21-519; FR ID 27322]


Expanding Flexible Use of the 12.2-12.7 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; denial of further extension of deadlines for 
filing comments and reply comments.

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

SUMMARY: In this document, the Commission denies the request of WorldVu 
Satellites Limited (ONEWEB), Kepler Communications, SpaceX Holdings, 
LLC, Intelsat License LLC, and SES S.A., for a further extension of the 
comment and reply comment deadlines for the proposed rule published in 
the Federal Register.

DATES: A further extension of the NPRM comment and reply comment 
deadlines,

[[Page 28521]]

filed on April 26, 2021, was denied on May 4, 2021. The deadlines for 
filing comments and reply comments in this proceeding continue to be 
May 7, 2021, and June 7, 2021, respectively, as published at 86 FR 
20111, April 16, 2021.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

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, 
WT Docket No. 20-443; GN Docket No. 17-183; DA 21-519, adopted and 
released on May 4, 2021. The full text of this document is available at 
https://docs.fcc.gov/public/attachments/DA-21-519A1.pdf. For a full 
text of the NPRM document,\1\ visit 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).
---------------------------------------------------------------------------

    \1\ Expanding Flexible Use of the 12.2-12.7 GHz Band, Notice of 
Proposed Rulemaking, FCC 21-13.
---------------------------------------------------------------------------

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\ In response to an unopposed motion filed by CCIA, et 
al. for an extension of time to file comments and replies to the 
NPRM,\3\ the Wireless Telecommunication Bureau (Bureau) released an 
Order on March 29, 2021, allowing an additional 30 days to file 
comments and replies (Extension Order).\4\ The Bureau agreed with the 
parties that a 30-day extension was ``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.'' \5\ The Bureau, however, declined the 12 GHz Alliance's 
request to suspend the deadlines until RS Access, LLC (RS Access) 
provided certain technical analyses, noting that such action might be 
rendered moot by the grant of the Extension Request.\6\
---------------------------------------------------------------------------

    \2\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et 
al., WT Docket No. 20-443, Notice of Proposed Rulemaking, 36 FCC Rcd 
606 (2021) (NPRM). The comment and reply comment deadlines were set 
at 30 and 60 days after publication in the Federal Register. 
Publication occurred on March 8, 2021, which made the original 
deadlines April 7, 2021, and May 7, 2021, respectively. See Federal 
Communications Commission, Expanding Flexible Use of the 12.2-12.7 
GHz Band, 86 FR 13266, Mar. 8, 2021.
    \3\ See Motion of Computer & Communications Industry Association 
(CCIA), INCOMPAS, Open Technology Institute at New America, and 
Public Knowledge for Extension of Time, WT Docket No. 20-443, et 
al., at 1 (filed Mar. 19, 2021) (Extension Motion).
    \4\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et 
al., WT Docket No. 20-443, et al., Order, DA 21-370 (WTB Mar. 29, 
2021), 86 FR 20111, April 16, 2021 (Extension Order) (extended 
deadlines for comments and reply comments to May 7, 2021, and June 
7, 2021, respectively).
    \5\ Extension Order at para. 3.
    \6\ Extension Order at n.6 citing Letter from Ruth Pritchard-
Kelly, Senior Advisor, ONEWEB, et al. (``12 GHz Alliance'') to 
Marlene H. Dortch, Secretary, FCC, at 1 (Mar. 23, 2021). The 12 GHz 
Alliance is WorldVu Satellites Limited (``OneWeb''), Kepler 
Communications, SpaceX Holdings, LLC (``SpaceX''), Intelsat License 
LLC, and SES S.A. See, e.g., March 23, 2021, letter at 1.
---------------------------------------------------------------------------

    2. On April 26, 2021, the 12 GHz Alliance filed a request for a 
further extension of the comment and reply comment deadlines (Further 
Extension Request) \7\ stating that, as previously explained, ``the 
submission of the RS Sharing Studies is a gating criteria with respect 
to the ability of satellite stakeholders to prepare meaningful comments 
and that absent [that submission] a further extension of the comment 
cycle may be required.'' \8\ The 12 GHz Alliance notes that in the 
Extension Order, the Bureau ``hoped that this issue would `be rendered 
moot' by the extension of the comment cycle.'' \9\ The Further 
Extension Request has received both opposition \10\ and support.\11\
---------------------------------------------------------------------------

    \7\ See Letter from Ruth Pritchard-Kelly, Senior Advisor, 
ONEWEB, et al. (``12 GHz Alliance'') to Marlene H. Dortch, 
Secretary, FCC, at 1 (Apr. 26, 2021) (Further Extension Request).
    \8\ Further Extension Request at 1-2 (citing Letter from Ruth 
Pritchard-Kelly, Senior Advisor, ONEWEB, et al., (``12 GHz 
Alliance'') to Marlene H. Dortch, Secretary, FCC, at 1 (Mar. 23, 
2021)).
    \9\ Further Extension Request at 1-2 quoting Extension Order at 
n.6.
    \10\ Letter from Trey Hanbury, Counsel to RS Access LLC (RS 
Access), to Marlene H. Dortch, Secretary, FCC, WT Docket No. 20-443, 
et al., at 2 (filed Apr. 28, 2021) (RS Access Opposition); Letter 
from Chip Pickering, CEO, INCOMPAS, et al., to Marlene H. Dortch, 
Secretary, FCC, WT Docket No. 20-443, et al., at 2 (filed Apr. 28, 
2021) (5G for 12GHz Coalition Opposition) (calling themselves the 
``5G for 12GHz Coalition'', the Opposition filers include INCOMPAS, 
Public Knowledge, DISH, Computer & Communications Industry 
Association (CCIA), RS Access, Open Technology Institute at New 
America, Federated Wireless, AtLink, Cambridge Broadband Networks 
Group Ltd. (CBNG), Center for Education Innovations (CEI), Center 
for Rural Strategies, Etheric Networks, GeoLinks, Go Long Wireless, 
Granite Telecommunications, mmWave Tech, Resound Networks, Rural 
Wireless Association (RWA), Tel Net Worldwide, Tilson, White Cloud 
Technologies, Xiber and X-Lab).
    \11\ See Letter from David Goldman, Director of Satellite 
Policy, Space Exploration Technologies Corp. (SpaceX), to Marlene H. 
Dortch, Secretary, FCC, WT Docket No. 20-443, et al., at 2 (filed 
Apr. 28, 2021) (``SpaceX and the 12 GHz Alliance have previously 
explained that RS Access's failure to submit the Secret Studies into 
the record deprives other 12 GHz Band stakeholders the opportunity 
to review, analyze, and meaningfully respond to the Secret Studies 
in the comment cycle established by the Commission.''). See also 
Letter from David Goldman, Director of Satellite Policy, Space X, to 
Marlene H. Dortch, Secretary, FCC, WT Docket No. 20-443, et al., at 
1 (the 12 GHz Alliance ``reasonably requested an opportunity to 
review these studies as part of the normal comment cycle,'' at 2 
(``to promote fairness and a fully considered record, RS Access 
should at least provide a schedule for the submission of the Secret 
Studies into the record.'') (filed Apr. 30, 2021).
---------------------------------------------------------------------------

    3. RS Access opposes the Further Extension Request, which it views 
as claiming that RS Access is somehow obliged to file comments before 
the deadline for initial comments. RS Access states that it ``is 
preparing comments in anticipation of the May 7, 2021 deadline for 
initial comments, which will include a coexistence study demonstrating 
the feasibility of sharing between co-primary systems in the 12.2-12.7 
GHz band.'' \12\ The 5G for 12GHz Coalition also opposes the Further 
Extension Request, arguing that it is inappropriate because the Bureau 
dismissed this same request in the Extension Order.\13\
---------------------------------------------------------------------------

    \12\ RS Access Opposition at 1. ``The satellite licensees, of 
course, remain free to prepare their own technical analyses 
purporting to show that their systems are incapable of sharing with 
mobile licensees in the band. The satellite licensees can submit 
their comments and studies either in the initial round of filings 
due May 7, 2021, or as a response to the submission of RS Access and 
other interested parties during the reply round that will follow 30 
days later, or both.'' Id. at 1-2 (footnote omitted).
    \13\ 5G for 12GHz Coalition Opposition at 2.
---------------------------------------------------------------------------

    4. The Commission denies the Further Extension Request. As set 
forth in Sec.  1.46 of the Commission's rules,\14\ the Commission does 
not routinely grant extensions of time for filing comments

[[Page 28522]]

in rulemaking proceedings. In this proceeding, the Bureau has already 
granted a 30-day extension of comment and reply deadlines to allow 
parties additional time to develop submissions that address complex 
issues raised in the Notice.\15\ Because a further extension of time 
would only delay receipt of these comments and parties will have time 
to reply to these submissions, the Commission is not persuaded that 
such an extension is warranted. To the extent that members of the 12 
GHz Alliance have input on whether filings in the comment stage 
demonstrate the feasibility of sharing in this band, they may submit 
such input at the reply stage and in subsequent ex parte presentations. 
The Commission therefore denies the Further Extension Request. The 
deadlines for filing comments and reply comments in this proceeding 
continue to be May 7, 2021, and June 7, 2021, respectively.
---------------------------------------------------------------------------

    \14\ 47 CFR 1.46.
    \15\ Extension Order at para. 3.
---------------------------------------------------------------------------

II. Ordering Clause

    5. Accordingly, it is ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 0.131, 0.331, 
and Sec.  1.46 of the Commission's rules, 47 CFR 0.131, 0.331, and 
Sec.  1.46, the Further Extension Request filed by WorldVu Satellites 
Limited (ONEWEB), Kepler Communications, SpaceX Holdings, LLC, Intelsat 
License LLC, and SES S.A., on April 26, 2021, is denied.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-11066 Filed 5-26-21; 8:45 am]
BILLING CODE 6712-01-P