[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44359-44361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17180]


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FEDERAL COMMUNICATIONS COMMISSION

[GN Docket No. 18-122; GN Docket No. 21-320; DA 21-957; FRS 42245]


Wireless Telecommunications Bureau Opens a New Docket and 
Establishes the Process for C-Band Space Station Operator Phase I 
Certification of Accelerated Relocation

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB 
or Bureau) prescribes the form by which eligible C-band space station 
operators should submit Phase I Certifications of Accelerated 
Relocation (Certifications) and establishes the process by which 
stakeholders can file related challenges to those Certifications. 
Expanding Flexible Use of the 3.7 to 4.2 GHz Band Report and Order, GN 
Docket No. 18-122, Report and Order and Order of Proposed Modification, 
FCC 20-22 (Mar. 3, 2020) (3.7 GHz Report and Order), required that, in 
order to be eligible for an Accelerated Relocation Payment (ARP), an 
eligible space station operator must file a Certification 
``demonstrating, in good faith, that it has completed the necessary 
clearing actions to satisfy each deadline.'' An eligible space station 
operator is required to complete its obligations and then file a 
Certification by the applicable Accelerated Relocation Deadline, which 
for Phase I is December 5, 2021. Certifications should be filed both in 
GN Docket No. 18-122 and in GN Docket No. 21-320; stakeholders should 
file any related challenges in GN Docket No. 21-320.

DATES: Phase I Accelerated Relocation Certifications due December 5, 
2021.

ADDRESSES: You may submit Certification, identified by GN Docket No. 
18-122 and GN Docket No. 21-320, by any of the following methods:
    [ssquf]  Electronic Filers: Elections may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/ in 
docket number GN 18-122 and GN 21-320.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing.
    [ssquf] Filings can be sent 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.
    [ssquf] 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.
    [ssquf] Postal Service first-class, Express, and Priority mail must 
be addressed to 45 L ST NE, Washington, DC 20554.
    [ssquf] 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. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy
    [ssquf] 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.

FOR FURTHER INFORMATION CONTACT: Susan Mort, Wireless 
Telecommunications Bureau, at [email protected] or 202-418-2429.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, 
Wireless Telecommunications Bureau Opens A New Docket And Establishes 
The Process For C-Band Space Station Operator Phase I Certification Of 
Accelerated Relocation, GN Docket No. 18-122; GN Docket No. 21-320; DA 
21-957 (Public Notice), released on August 4, 2021. The complete text 
of the Public Notice, is available on the Commission's website at 
https://www.fcc.gov/document/wtb-sets-c-band-phase-i-accelerated-relocation-certification-process or by using the search function for GN 
Docket No. 18-122 or GN Docket No. 21-320 on the Commission's ECFS web 
page at www.fcc.gov/ecfs.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file elections on or 
before the date indicated on the first page of this document.
    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).
    Ex Parte Rules: This proceeding shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's 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)

[[Page 44360]]

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 presenters 
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 Sec.  
1.1206(b) of the Commission's rules. In proceedings governed by Sec.  
1.49(f) of the rules 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.
    Synopsis: With this Public Notice, the Wireless Telecommunications 
Bureau (WTB or Bureau) prescribes the form by which eligible C-band 
space station operators should submit Phase I Certifications of 
Accelerated Relocation (Certifications) and establishes the process by 
which stakeholders can file related challenges to those Certifications. 
The 3.7 GHz Report and Order required that, in order to be eligible for 
an Accelerated Relocation Payment (ARP), an eligible space station 
operator must file a Certification ``demonstrating, in good faith, that 
it has completed the necessary clearing actions to satisfy each 
deadline.'' An eligible space station operator is required to complete 
its obligations and then file a Certification by the applicable 
Accelerated Relocation Deadline, which for Phase I is December 5, 2021. 
Certifications should be filed both in GN Docket No. 18-122 and in the 
new docket the Bureau opens here, GN Docket No. 21-320; stakeholders 
should file any related challenges in GN Docket No. 21-320.
    In the 3.7 GHz Report and Order, the Commission adopted rules to 
make 280 megahertz of mid-band spectrum available for flexible use 
(plus a 20 megahertz guard band) throughout the contiguous United 
States by transitioning existing services out of the lower portion of 
the band and into the upper 200 megahertz of the C-band (i.e., 4.0-4.2 
GHz). The 3.7 GHz Report and Order established that new 3.7 GHz Service 
licensees would reimburse the reasonable, actual relocation costs of 
eligible FSS space station operators, incumbent FSS earth station 
operators, and incumbent Fixed Service licensees (collectively, 
incumbents) to transition out of the band.
    The 3.7 GHz Report and Order established a deadline of December 5, 
2025, by which incumbent space station operators were to complete the 
transition of their operations to the upper 200 megahertz of the band, 
but it also provided an opportunity for accelerated clearing of the 
band by allowing eligible space station operators to voluntarily commit 
to relocate on a two-phased accelerated schedule, with a Phase I 
deadline of December 5, 2021, and a Phase II deadline of December 5, 
2023. All five eligible space station operators elected accelerated 
relocation. By electing accelerated relocation, the eligible space 
station operators, among other things, have voluntarily committed to 
perform all the tasks necessary to enable any incumbent earth station 
that receives or sends C-band signals to a space station owned by that 
operator to maintain that functionality in the upper 200 megahertz of 
the band. The 3.7 GHz Report and Order stated that ``[t]o the extent 
eligible space station operators can meet the Phase I and Phase II 
Accelerated Relocation Deadlines, they will be eligible to receive the 
accelerated relocation payments associated with those deadlines.'' Once 
the eligible space station operator's Certification is validated, the 
ARPs will be disbursed by the Relocation Payment Clearinghouse 
(Clearinghouse).
    The 3.7 GHz Report and Order specified that an ``eligible space 
station operator's satisfaction of the Accelerated Relocation Deadlines 
will be determined by the timely filing of a Certification of 
Accelerated Relocation demonstrating, in good faith, that it has 
completed the necessary clearing actions to satisfy each deadline'' and 
directed WTB to prescribe the form of such Certifications. Further, 
``the Bureau, Clearinghouse, and relevant stakeholders will have the 
opportunity to review the Certification of Accelerated Relocation and 
identify potential deficiencies.''
    The 3.7 GHz Report and Order also directed that if ``credible 
challenges as to the space station operator's satisfaction of the 
relevant deadline are made, the Bureau will issue a public notice 
identifying such challenges and will render a final decision as to the 
validity of the certification no later than 60 days from its filing.'' 
Absent notice from WTB of deficiencies in the Certification within 30 
days of its filing, the Certification will be deemed validated. 
Following validation, the Clearinghouse shall promptly notify overlay 
licensees, who must pay the ARP to the Clearinghouse within 60 days of 
the notice. The Clearinghouse must disburse the ARP to the eligible 
space station operator within seven (7) days of receipt. Should an 
eligible space station operator miss the Phase I or Phase II deadline, 
it may still receive a reduced, but non-zero, ARP if it otherwise meets 
the Certification requirements within six months after the relevant 
Accelerated Relocation Deadline.
    The 3.7 GHz Report and Order directed WTB to: (1) ``Prescribe the 
form'' of Certifications and any challenges by relevant stakeholders; 
and (2) establish the process for how such challenges will impact the 
incremental decreases in the ARP. With this Public Notice, the Bureau 
establishes the requisite filing procedures and challenge process 
relating to the Phase I Accelerated Relocation Certification process.
    Filing Procedures. To claim an ARP, eligible space station 
operators must submit Certifications to the Clearinghouse via any of 
the communication methods established between those parties. In 
addition, these space station operators must file their Certifications 
with WTB, which may be done electronically with a submission to the 
FCC's Electronic Comment Filing System (ECFS). While Certifications 
must be filed in GN Docket No. 18-122, WTB hereby creates new docket, 
GN Docket No. 21-320, in which Certifications should also be filed. In 
addition, any related challenges from stakeholders must be filed in 
this new docket. If a stakeholder seeks to challenge multiple eligible 
space station operator Certifications, each challenge must be filed 
separately with respect to each Certification in GN Docket No. 21-320.
    Certification Content. To satisfy the Phase I deadline, the 
Certification must describe in detail each action that was taken by the 
eligible space station operator, including the date of completion, in a 
similar format and content to that operator's Transition Plan. This 
description should include (but is not limited to): The operations that 
were repacked to satisfy the Phase I deadline; The number of new 
satellites, if any, that the eligible space station operator launched, 
including the

[[Page 44361]]

dates of launch, reaching final orbit, and start of operations; A 
description of how services were migrated to the upper portion of the 
band, including the pre- and post-transition frequencies that each 
customer occupied and now occupies; Any necessary technology upgrades 
or other solutions, such as video compression or modulation, that the 
eligible space station operator implemented, described on a per antenna 
and/or feed basis, as appropriate; The number and location of antennas 
and feeds that were transitioned to satisfy the Phase I deadline, 
including the actions taken (e.g., retuning and repointing) for each; 
The date of completion of the above items; A description of the steps 
that the eligible space station operator has taken to identify all 
associated earth stations, antennas, and feeds, and to ensure that they 
are all are transitioned as of the date of Certification; Details 
relating to any variances from the eligible space station operator's 
Transition Plan, such as antennas and feeds involving circumstances 
beyond the control of the eligible space station operator and therefore 
subject to a transition delay notice, and antennas and feeds that are 
otherwise pending removal from the most recent Incumbent Earth Station 
list or subject to an agreement regarding the transition between the 
eligible space station operator and the earth station operator.
    The eligible space station operator must certify that it attests to 
the truthfulness of the above information and is making the 
Certification in good faith. Eligible space stations operators are 
reminded that Certifications are subject to section 1.17 of the 
Commission's rules and violators will be subject to potential 
enforcement action, including monetary penalties or actions affecting 
the eligible space station operator's market access authorization or 
status as a licensee. The Bureau will determine that a Certification 
has been made in bad faith if, for example, the certifying party makes 
a statement that is false and if it finds the party did not use due 
diligence in providing information that is correct and not misleading 
to the Commission, including taking appropriate affirmative steps to 
determine the truthfulness of what is being submitted. In cases where 
it is found that the ARP was disbursed based on a Certification that 
the eligible space station operator had filed in bad faith, the 
operator may be subject to the additional consequence of having to 
return some or all of the ARP, depending on the circumstances.
    We note that subsequent to the filing of the Certification the 
Bureau may, based on the information filed by the eligible space 
station operator or contained in a challenge to that operator's 
Certification, request additional information from the operator. 
Because such information may prove necessary to determine whether the 
eligible space station operator completed the relocation by the 
relevant accelerated deadline, eligible space station operators must 
respond to such requests for information in a prompt and complete 
manner.
    If, after the resolution of any credible challenges and the 
disbursement of the ARP, it is subsequently found, by the Relocation 
Coordinator, Clearinghouse, or WTB, that the eligible space station 
operator should have transitioned additional earth stations, antennas, 
or feeds that it did not account for in its Transition Plan and 
Certification(s), the eligible space station operator will be required 
to remediate such earth stations, antennas, or feeds in a prompt and 
effective manner.
    Challenges. Challenges to a Certification must be filed in GN 
Docket No. 21-320 within ten (10) days after the Certification is 
published in ECFS and the eligible space station operators' replies 
must be filed in that docket within five (5) days. Pursuant to the 3.7 
GHz Report and Order, WTB will announce by Public Notice whether 
credible challenges have been made within 30 days of the 
Certification's filing. After reviewing a Certification and any 
relevant challenges, WTB will issue one of two Public Notices. If there 
are no credible challenges, WTB will issue a Public Notice that lists 
the submitted challenges (if any), states that none constitutes a 
``credible challenge'' to the validity of the Certification, and 
provides a brief explanation for the finding that said challenges are 
non-credible. If there is at least one credible challenge, WTB will 
issue a Public Notice announcing that one or more credible challenges 
have been made and instructing the Clearinghouse not to issue the ARP 
until WTB has made a final determination as to the validity of the 
challenge. WTB will issue a final determination on the challenge no 
later than sixty (60) days after the eligible space station operator 
files its Certification. If WTB ultimately finds the Certification was 
valid, disbursement of the Phase I ARP to the eligible space station 
operator will proceed as outlined above and in the 3.7 GHz Report and 
Order.

Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-17180 Filed 8-10-21; 4:15 pm]
BILLING CODE 6712-01-P