[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69031-69033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26373]


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FEDERAL COMMUNICATIONS COMMISSION

[IB Docket No. 20-205; DA 21-1206; FRS 59888]


Notice of 90-Day Period To Submit Affirmation of Operational 
Status of Identified Earth Station Antennas To Avoid Losing Incumbent 
Status or File To Remove Identified Antennas From IBFS if No Longer 
Operational

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the International Bureau (Bureau) provides 
the following notice to operators of certain incumbent FSS C-band earth 
station antennas recently reported to the Bureau by RSM US LLP (RSM), 
the C-band Relocation Coordinator, on behalf of 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 Public Notice 
(i.e., by December 27, 2021) affirming the continued operation of the 
earth station antennas reported to the Bureau as inactive and the 
intent to participate in the C-band transition will result in a Bureau 
announcement that those authorizations identified as inactive in the 
Appendix attached to the Bureau's Public Notice have automatically 
terminated by operation of rule, and that those authorizations will be 
terminated in IBFS and removed from the incumbent earth station list. 
According to RSM, each antenna included in the Appendix to the Bureau's 
Public Notice was reported by their earth station operator to RSM or a 
satellite operator as no longer receiving service from a C-band 
satellite even though the FCC's International Bureau Filing System 
(IBFS) continues to include the antenna as active.

DATES: Identified earth station operators must provide notice of 
operational status by December 27, 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 21-1206, released September 27, 2021. The full text of 
this document, along with the Appendix 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-inactive-c-band-incumbent-earth-station-antennas 
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(s) from which they receive 
service, included in their transition plans to the Commission, and will 
be transitioned to the upper 200 megahertz of the band.\2\ In other 
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, from which satellite(s) the earth station receives 
its service.\3\ In the course of their outreach, the satellite 
operators and RSM have identified certain antennas as inactive. The 
inactive status of some of these antennas has been confirmed when the 
relevant earth station operators filed with the Bureau to close out 
those antennas in IBFS. For the rest of these inactive antennas, their 
earth station operators reported to the satellite operators (according 
to RSM) that these antennas were no longer being used (even though in 
these cases their earth station operators failed to make the

[[Page 69032]]

requisite discontinuance filings with the FCC in order to close out 
those antennas in IBFS). RSM has advised the Commission 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.
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    \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\ 47 CFR 27.1412(d) (transition plan requirements). The 
satellite operators also file quarterly status reports in GN Docket 
No. 20-173. 47 CFR 27.1412(f).
    \3\ 3.7 GHz Band Report and Order, 35 FCC Rcd 2343, 2460, para. 
313.
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    On January 19, 2021, the Bureau released a Public Notice that 
provided notice to those incumbent earth station operators that RSM 
reported in a January 14, 2021 filing as inactive, that such earth 
station operators had 90 days, until April 19, 2021, to respond in the 
Electronic Comment Filing System (ECFS) or their registrations would be 
automatically terminated and they would be removed from the incumbent 
earth station list.\4\ The Public Notice released on January 19, 2021 
also provided such 90-day notice to a small group of ``unresponsive'' 
(or, in terms used in the January 14 RSM filing from which these 
operators were drawn, ``unable to reach'') incumbent earth station 
operators about their antennas. Such ``unresponsive'' stations were all 
incumbent earth stations that (a) had not been claimed by any of the 
five incumbent C-band satellite operators and, therefore, were not 
included in any of the satellite operator Transition Plans, and (b) had 
failed to respond to any outreach efforts from the very beginning of 
those efforts. The registrations of earth stations that failed to 
respond have been terminated in IBFS and those registrations have been 
removed from the incumbent earth station list.\5\
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    \4\ See International Bureau Identifies Inactive C-Band 
Incumbent Earth Station Antennas and Unresponsive C-Band Incumbent 
Earth Station Operators, Public Notice, DA 21-81 (rel. Jan. 19, 
2021).
    \5\ 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 21-731, IB Docket No. 20-205 (rel. June 
22, 2021) (June 22, 2021, Incumbent Earth Station List) for the 
current incumbent earth station list and an explanation of the 
criteria applied to be included on the list.
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    On July 14, 2021, RSM submitted a letter identifying an additional 
group of individual earth station antennas as no longer operational at 
the location provided in the latest incumbent earth station list, even 
though these antennas continue to be listed in IBFS. On July 23, 2021, 
the Bureau released a Public Notice that provided notice to those 
incumbent earth station operators that RSM reported as inactive that 
such earth station operators had 90 days, until October 21, 2021, to 
respond in the Electronic Comment Filing System (ECFS) or their 
registrations would be automatically terminated and they would be 
removed from the incumbent earth station list.\6\ The Public Notice 
released on July 23, 2021 also provided such 90-day notice to a small 
group of ``unresponsive'' (or, in terms used in the January 14 RSM 
filing from which these operators were drawn, ``unable to reach'') 
incumbent earth station operators about their antennas. Such 
``unresponsive'' stations were all incumbent earth stations that (a) 
had not been claimed by any of the five incumbent C-band satellite 
operators and, therefore, were not included in any of the satellite 
operator Transition Plans, and (b) had failed to respond to any 
outreach efforts from the very beginning of those efforts. The 
registrations of earth stations that failed to respond have been 
terminated in IBFS and those registrations have been removed from the 
incumbent earth station list.
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    \6\ See International Bureau Identifies Inactive C-Band 
Incumbent Earth Station Antennas and Unresponsive C-Band Incumbent 
Earth Station Operators, Public Notice, DA 21-81 (rel. Jan. 19, 
2021).
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    On September 27, 2021, RSM submitted a letter identifying an 
additional group of individual earth station antennas as no longer 
operational at the location provided in the latest incumbent earth 
station list, even though these antennas continue to be listed in IBFS. 
The September 27 RSM filing, with its attachment, can be found in ECFS. 
RSM explains that it compiled this group of antennas--which were not 
included in the Public Notice released on July 21, 2021--from 
affirmative representations made to RSM or the satellite operators by 
the antennas' earth station operators. We have attached to DA 21-1206 
an Appendix listing this group of antennas.
    We hereby presume, on a rebuttable basis, that earth station 
antennas included in the Appendix attached to DA 21-1206 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.\7\ 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 IBFS.\8\ Moreover, under the Commission's rules, 
antennas must continue to be operational to qualify for incumbent 
status.\9\
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    \7\ 47 CFR 25.161(c). The Bureau has delegated authority to 
enforce the Part 25 rules. 47 CFR 0.261(a)(15).
    \8\ 47 CFR 25.115(b)(8).
    \9\ 47 CFR 25.138(c)(1).
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    Incumbent earth station operators who need to affirm the continued 
operation of the identified earth station antennas. We direct earth 
station operators with incumbent earth station antennas that appear on 
the inactive list appended to DA 21-1206 to make either of two filings 
no later than 90 days after release of this Notice (i.e., by December 
27, 2021): (1) file to remove those antennas from IBFS as no longer 
operational as required by Commission rule and optionally make a filing 
in ECFS IB Docket No. 20-205 confirming the extent to which they are 
surrendering or removing antennas in IBFS, or (2) file in ECFS IB 
Docket No. 20-205 affirming that those antennas are still operational. 
An earth station operator may contact Bureau staff at [email protected] 
if it has questions about the above or 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.
    Earth station operators with earth station antenna(s) on the 
inactive list in the Appendix to DA 21-1206 that do not respond by 
December 27, 2021, affirming 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. Of course, 
notwithstanding an affirmation of continued operation, the Bureau 
retains the authority to eliminate an earth station antenna's incumbent 
status if the Bureau receives additional evidence that the antenna has 
failed to satisfy applicable requirements for maintaining operation.
    Incumbent earth station operators who need to provide additional 
information to avoid harmful interference. As a reminder, while not 
subject to 90-days' notice, certain earth station operators that have 
not provided the necessary information to the Relocation Coordinator or 
satellite operators may not be successfully transitioned before 
terrestrial wireless licensees initiate service in the band. In 
particular, RSM identified in its July 14,

[[Page 69033]]

2021 filing a limited number of incumbent earth station operators with 
which it was able to establish contact but has not been able to get 
enough information from the earth station operator for it to be 
included in a satellite operator transition plan or for RSM to conclude 
that the earth station is in fact participating in the transition 
process. With two exceptions,\10\ further outreach by RSM with these 
earth station operators has not been successful.
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    \10\ RSM reports that, since its July 14 filing, the Archdiocese 
of San Antonio and Williamsburg's Radio Station, Inc. have been 
included in a space station operator transition plan. September 24 
RSM filing, at note 3.
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    Unless those earth station operators provide the necessary 
information, they will risk losing their rights to receive relocation 
assistance prior to the initiation of service in the band by the 
incoming terrestrial wireless licensees, as well as any rights to 
operate in the lower C-band at their current locations free of harmful 
interference that may occur as these licensees deploy their networks.

Federal Communications Commission.
Denise Coca,
Chief, Telecommunications Analysis Division, International Bureau.
[FR Doc. 2021-26373 Filed 12-3-21; 8:45 am]
BILLING CODE 6712-01-P