[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Proposed Rules]
[Pages 63890-63891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20088]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 25, 27, 74, 78, and 101

[WT Docket No. 20-443; GN Docket No. 22-352; DA 23-802; FR ID 171502]


Expanding Flexible Use of the 12.2-12.7 GHz Band; Expanding Use 
of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; denial of extension of reply comment deadline.

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SUMMARY: In this document, the Wireless Telecommunications Bureau

[[Page 63891]]

(WTB) of the Federal Communications Commission denies the request of 
Eutelsat S.A., Hispasat, S.A, Intelsat License LLC, Ovzon LLC, and SES 
Americom, Inc. (collectively, the ``Satellite Operators'') for an 
extension of the reply comment deadline for the Further Notice of 
Proposed Rulemaking (FNPRM) and Notice of Proposed Rulemaking (NRPM) 
that were published as proposed rules in the Federal Register.

DATES: A request for extension of the FNPRM and NPRM comment and reply 
comment deadlines, filed on August 23, 2023, was denied on August 31, 
2023. The deadline for filing reply comments (in response to the FNPRM 
and NPRM) was September 8, 2023 as published at 88 FR 43502 (July 10, 
2023) and 88 FR 43938 (July 10, 2023).

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

FOR FURTHER INFORMATION CONTACT: Simon Banyai of the Wireless 
Telecommunications Bureau, at [email protected] or (202) 418-1443.

SUPPLEMENTARY INFORMATION: This is a summary of the Wireless 
Telecommunications Bureau's Order, WT Docket No. 20-443; GN Docket No. 
22-352; DA 23-802, adopted and released on August 31, 2023. The full 
text of this document is available at https://docs.fcc.gov/public/attachments/DA-23-802A1.pdf. Text and Microsoft Word formats are also 
available (replace ``.pdf'' in the link with ``.txt'' or ``.docx'', 
respectively). Alternative formats are available for people with 
disabilities (braille, large print, electronic files, audio format), by 
sending an email to [email protected] or call the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).

Synopsis

    1. On May 19, 2023, the Commission released a Report and Order and 
Further Notice of Proposed Rulemaking (in WT Docket No. 20-443) and 
Notice of Proposed Rulemaking and Order (in GN Docket No. 22-352).\1\ 
In the Further Notice of Proposed Rulemaking (FNPRM), the Commission 
investigates the potential to expand terrestrial fixed use or to permit 
unlicensed use in the 500 megahertz of mid-band spectrum at 12.2-12.7 
GHz (12.2 GHz band). In the Notice of Proposed Rulemaking (NPRM), the 
Commission proposes to repurpose some or all of the 12.7-13.25 GHz 
(12.7 GHz band) for mobile broadband or other expanded use. Comments in 
response to the FNPRM and the NPRM were due on August 9, 2023, while 
reply comments were due on September 8, 2023. On August 8, the Wireless 
Telecommunications Bureau (WTB) denied a prior joint request \2\ to 
extend by 45 days the comment and reply in this proceeding.\3\
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    \1\ See Expanding Flexible Use of the 12.2-12.7 GHz Band; 
Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or 
Other Expanded Use, WT Docket No. 20-443, GN Docket No. 22-352, FCC 
23-36, Report and Order and Further Notice of Proposed Rulemaking 
and Notice of Proposed Rulemaking and Order, 2023 WL 3686032 (2023 
12 GHz Item). The FNPRM and the NPRM were subsequently published 
separately in the Federal Register. See Expanding Flexible Use of 
the 12.2-12.7 GHz Band, 88 FR 43502 (July 10, 2023) (FNPRM); 
Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or 
Other Expanded Use, 88 FR 43938 (July 10, 2023) (NPRM).
    \2\ Joint Request for Extension of Comment Deadline of the 
Satellite Industry Association (SIA), together with Eutelsat S.A., 
Hispasat, S.A, Intelsat License LLC, Ovzon LLC, SES Americom, Inc., 
Space Exploration Technologies Corp., and WorldVu Satellites 
Limited, WT Docket No. 20-443, GN Docket No. 22-352 (filed Aug. 4, 
2023) (First Joint Request).
    \3\ Expanding Flexible Use of the 12.2-12.7 GHz Band; Expanding 
Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other 
Expanded Use, WT Docket No. 20-443, GN Docket No. 22-352, Order, DA 
23-671, 2023 WL 5125009 (Aug. 8, 2023) (Denial of the First Joint 
Request).
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    2. On August 23, 2023, the Satellite Operators filed a joint 
request to extend the reply comment deadline by 30-days--from September 
8, 2023, to October 10, 2023.\4\ The Satellite Operators argue 
additional time would benefit all parties by enabling closer review of 
several technical studies and analyses filed with the comments in the 
proceeding.\5\ They assert they plan to use the extension to prepare 
and submit a technical study that responds to the various technical 
arguments raised by commenters.\6\ They argue the Commission has 
previously found extensions to be justified when technically complex 
issues were raised in a proceeding like this one.\7\
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    \4\ Joint Request for Extension of Reply Comment Deadline of 
Intelsat License LLC, SES Americom, Inc., Hispasat, S.A., Eutelsat 
S.A., and Ovzon LLC (collectively, the ``Satellite Operators''), WT 
Docket No. 20-443, GN Docket No. 22-352 (filed Aug. 23, 2023) 
(Second Joint Request).
    \5\ Id. at 1 & n.2 (citing comments attaching technical analyses 
filed by NTIA, Nokia, DIRECTV, LLC, WorldVu Satellites Limited, and 
DISH Network Corp.).
    \6\ Id. at 2.
    \7\ Id at 2-3.
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    3. The Wireless Telecommunications Bureau denies the Satellite 
Operators' joint request for extension of the reply comment deadline in 
this proceeding. As set forth in section 1.46 of the Commission's 
rules, it is the Commission's policy that extensions of time shall not 
be routinely granted.\8\ In this proceeding, the deadline for comments 
was set for 30 days after publication of a summary of the item in the 
Federal Register, with reply comments due 30 days after the comment 
date.\9\ These are not unusual timeframes for comment and reply cycles 
in a Commission rulemaking proceeding. Moreover, the issues present in 
Commission rulemakings are often technically complex in nature; the 
presence of complex technical issues alone does not provide 
justification for an extension. Furthermore, the Wireless 
Telecommunications Bureau finds that the Satellite Operators have 
neither identified specific technical issues that require additional 
time for analysis nor explained with particularity why such analysis 
cannot be completed by the current reply comment deadline. In addition, 
the Wireless Telecommunications Bureau notes that this proceeding has 
been designated permit-but-disclose,\10\ and parties may subsequently 
submit additional analyses in accordance with the Commission's ex parte 
rules.\11\ For these reasons, the Wireless Telecommunications Bureau 
denies this Second Joint Request. Reply comments in the proceeding were 
due September 8, 2023.
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    \8\ 47 CFR 1.46(a).
    \9\ See 2023 12 GHz Item at *1. As noted in the Bureau's Denial 
of the First Joint Request, commenters had access to the underlying 
rulemaking document for almost three months prior to the initial 
comment deadline. See Denial of the First Joint Request at *2, para. 
3.
    \10\ 2023 12 GHz Item at *54, para. 148.
    \11\ See 47 CFR 1.200 et seq.
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Ordering Clause

    4. Accordingly, it is ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and sections 
0.131, 0.331, and 1.46 of the Commission's rules, 47 CFR 0.131, 0.331, 
and 1.46, the Joint Request for Extension of Reply Comment Deadline 
filed by Intelsat License LLC, SES Americom, Inc., Hispasat, S.A., 
Eutelsat S.A., and Ovzon LLC is denied.

Federal Communications Commission.
Blaise Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2023-20088 Filed 9-15-23; 8:45 am]
BILLING CODE 6712-01-P