[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Proposed Rules]
[Pages 62768-62769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24669]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 8, 64, and 76

[GN Docket No. 17-142; DA 21-1375; FR ID 57383]


Improving Competitive Broadband Access to Multiple Tenant 
Environments

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of reply comment period.

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SUMMARY: In this document, the Wireline Competition Bureau (Bureau) of 
the Federal Communications Commission (Commission) grants a motion for 
extension of time in the 2021 Improving Competitive Broadband Access to 
Multiple Tenant Environments record update to extend the reply comment 
deadline.

DATES: Reply comments are due on or before November 19, 2021.

ADDRESSES: You may submit comments, identified by GN Docket No. 17-142, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing 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.
    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.
     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. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788 (Mar. 19, 2020), 
https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large

[[Page 62769]]

print, electronic files, audio format), send an email to [email protected] 
or call the Consumer & Government Affairs Bureau at (202) 418-0530.

FOR FURTHER INFORMATION CONTACT: Jesse Goodwin, Attorney Advisor, 
Competition Policy Division, Wireline Competition Bureau, at (202) 418-
0958, or email: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 21-1375, in GN Docket No. 17-142, adopted and released on November 
3, 2021. The complete text of this document is available for download 
at https://www.fcc.gov/document/wcb-extends-reply-deadline-multi-tenant-buildings-public-notice. 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 and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).

Synopsis

    By this Order, the Wireline Competition Bureau (Bureau) grants a 
15-day extension of time for filing reply comments to a public notice 
seeking to refresh the record in the above-captioned proceeding. As a 
result, reply comments are now due on or before November 19, 2021.
    On September 7, 2021, the Commission released the Improving 
Competitive Broadband Access to Multiple Tenant Environments Public 
Notice (MTEs Public Notice), seeking to refresh the record in this 
proceeding following a 2019 Notice of Proposed Rulemaking. The MTEs 
Public Notice set deadlines for filing comments and reply comments at 
30 and 45 days, respectively, after a summary of the item was published 
in the Federal Register. The Federal Register published that summary on 
September 20, 2021, and established deadlines of October 20, 2021, and 
November 4, 2021, for filing comments and reply comments, respectively. 
See 86 FR 52120 (Sept. 20, 2021)
    On October 27, 2021, NCTA filed a Request for Extension of Time 
seeking a 30-day extension of the reply comment deadline. NCTA observes 
that ``questions posed by the Public Notice raised complex and 
important issues regarding the broadband services in MTEs and how best 
to foster competition in that market, and a large array of stakeholders 
filed comments in response.'' It argues that due to the ``volume and 
complexity of the record''--which includes numerous comments from a 
variety of different stakeholders that raise issues ranging from 
technical network configurations and the interplay between federal, 
state, and local regulatory schemes--more time is needed to review and 
respond. NCTA asserts that ``granting a modest extension'' would 
provide ``sufficient opportunity for all interested parties to fully 
assess the arguments raised by commenters [which] is important to 
ensure the Commission has a complete record on which to act.'' NCTA 
also contends that allotting additional time ``will assist the 
Commission as it considers ways to advance its goals of bridging the 
digital divide and facilitating enhanced broadband deployment in 
MTEs.'' No party has filed an opposition to NCTA's request.
    As set forth in Sec.  1.46 of the Commission's rules, it is the 
policy of the Commission that extensions of time shall not be routinely 
granted. In this case, however, NCTA has demonstrated that a limited 
extension of time is warranted to allow interested parties to address 
the complex issues raised by commenters representing a diverse set of 
stakeholders. Moreover, in refreshing the record, the Bureau sought to 
develop a more complete understanding of the issues previously raised 
in the 2019 Notice of Proposed Rulemaking. Providing additional time 
for replies should improve the quality of reply comments and therefore 
strengthen the Bureau's understanding of the relevant issues. At the 
same time, we find the 30-day extension that NCTA requested would 
unduly delay Commission consideration of the important issues raised in 
this proceeding. The 45-day reply period that NCTA requests would be 
unusual, and we find that a more typical 30-day reply period 
appropriately balances providing interested parties adequate time to 
prepare replies with allowing the proceeding to advance expeditiously. 
We therefore find that there is good cause for an extension of the 
reply comment deadline and that the public interest will be served by 
extending the reply comment deadline by 15 days to November 19, 2021.

Ex Parte Rules

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200 et seq. 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) 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). See 47 CFR 1.1206(b). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to Sec. Sec.  0.204, 
0.291, and 1.46 of the Commission's rules, 47 CFR 0.204, 0.291, 1.46, 
that the Motion for Extension of Time filed by the NCTA on October 27, 
2021, is granted to the extent described herein.
    It is further ordered, that the date for filing reply comments on 
the MTEs Public Notice is extended to November 19, 2021.

Federal Communications Commission.
Daniel Kahn,
Associate Bureau Chief, Wireline Competition Bureau.
[FR Doc. 2021-24669 Filed 11-10-21; 8:45 am]
BILLING CODE 6712-01-P