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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations sharing requirements for certain licenses.
107. Applicants in Auction 110
should carefully consider the impact of the aggregation limit in the 3.45 GHz Service, discussed further in Section III.B.4, below. In particular, applicants should consider whether any of their own attributable interest holders have permissible overlapping interests in another applicant that could further limit the number of licenses that each applicant may hold in a given PEA. For example, a single individual or entity may be permitted to hold a noncontrolling interest of 10% or more in multiple applicants, but the combined holdings of those applicants in any PEA
may not exceed the four-license aggregation limit.
108. Applicants are solely responsible for identifying associated risks and for investigating and evaluating the degree to which such matters may affect their ability to bid on, otherwise acquire, or make use of the licenses available in Auction 110. Each potential bidder is responsible for undertaking research to ensure that any licenses won in the auction will be suitable for its business plans and needs. Each potential bidder must undertake its own assessment of the relevance and importance of information gathered as part of its due diligence efforts.
109. The Commission makes no representations or guarantees regarding the accuracy or completeness of information in its databases or any third-party databases, including, for example, court docketing systems. To the extent the Commissions databases may not include all information deemed necessary or desirable by an applicant, it must obtain or verify such information from independent sources or assume the risk of any incompleteness or inaccuracy in said databases. Furthermore, the Commission makes no representations or guarantees regarding the accuracy or completeness of information that has been provided by incumbent licensees and incorporated into its databases.

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B. Licensing Considerations 1. Transition of Incumbent Operations 110. Potential applicants in Auction 110 should consider carefully the process for transitioning incumbent Federal and non-Federal radiolocation and amateur operations out of the 3.45
3.55 GHz band and to the cooperative sharing requirements within the band when developing business plans, assessing market conditions, and evaluating the availability of equipment for 3.45 GHz Service operations. Each
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applicant should follow closely releases from the Commission concerning these issues and consider carefully the technical and economic implications for commercial use of the 3.453.55 GHz band.
a. Cooperative Sharing in the 3.453.55
GHz Band 111. The 3.453.55 GHz band will operate using a cooperative sharing framework under which existing federal users are prohibited from causing harmful interference to non-federal operations, except in limited circumstances and in locations where current incumbent federal systems will remain indefinitely in the band. Under the following circumstances, nonfederal systems are not entitled to protection against harmful interference from federal operations and limited restrictions may be placed on nonfederal operations; 1 in Cooperative Planning Areas identified by the DoD
in which it anticipates that federal operations will continue after the assignment of flexible use licenses in the band; and 2 in Periodic Use Areas that overlap with certain Cooperative Planning Areas, in which the DoD will need episodic access to all or a portion of the band in specific, limited geographic areas. Cooperative Planning Areas and Periodic Use Areas are coordination areas, rather than exclusion areas, meaning that commercial operations within their boundaries are not precluded. Under this framework, incumbent federal operations and new flexible use operations must coordinate with each other to facilitate shared use of the band in these specified areas and during specified time periods as described in the 3.45 GHz Second Report and Order.
b. AIAs Petition for Reconsideration and Lockheed Martin Corporations Waiver Request 112. We note that one of the pending petitions for reconsideration, filed by the Aerospace Industries Association, seeks adoption of a coordination framework for certain existing federal contractor facilities and that Lockheed Martin Corporation has filed a request for waiver of certain Commission rules across the lower 75 megahertz of the 3.453.55 GHz Band related to its Experimental Radio Service licenses and operations between midnight and 8:00 a.m. ET. Potential bidders should be aware that if relief substantially similar to that sought by Lockheed were granted, it would affect coordination requirements and spectrum use in blocks A through H in PEAs 41, 44, and
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227 for the duration of time of any such grant.
c. Relocation of Secondary Non-Federal Radiolocation Operations 113. In addition to the federal users operating in the 3.453.55 GHz band, the 3.33.55 GHz band is currently used by secondary non-federal radiolocation licensees that will be relocated to the 2.93.0 GHz band no later than 180 days after the flexible-use licenses won in Auction 110 are granted. In order to facilitate the expeditious clearing of the 3.33.55 GHz band, in the 3.45 GHz Second Report and Order, the Commission adopted a requirement that licensees in the new 3.45 GHz Service reimburse the current 3.33.55 licensees for their reasonable costs related to the relocation of their operations to the 2.9
3.0 GHz band. Auction 110 winning bidders will be required to pay these reimbursement costs in addition to their winning bid amounts. For additional information about cost-sharing and reimbursement procedures related to the licenses offered in Auction 110, potential bidders should review carefully the 3.45 GHz Second Report and Order.
d. Commercial Spectrum Enhancement Act/Spectrum Act Requirements and Aggregate Reserve Price 114. The spectrum in the 3.453.55
GHz band is covered by a Congressional mandate that requires auction proceeds to be used to fund the estimated relocation or sharing costs of incumbent federal entities. In 2004, the Commercial Spectrum Enhancement Act CSEA
established a Spectrum Relocation Fund SRF to reimburse eligible federal agencies operating on certain frequencies that have been reallocated from federal to non-federal use for the cost of relocating their operations. The CSEA, as amended by the Spectrum Act, requires that the total cash proceeds from any auction of eligible frequencies must equal at least 110% of the estimated relocation or sharing costs provided to the Commission by NTIA, and it prohibits the Commission from concluding any auction of eligible frequencies that falls short of this amount. The Commissions rules therefore require that the establishment of a reserve price in order to meet the CSEAs requirement that Auction 110s total cash proceeds amount to at least 110% of the NTIAs estimate of the relevant relocation or sharing costs.
115. NTIA provides the Commission with an estimate of eligible federal entities relocation or sharing costs and the timelines for such relocation or sharing pursuant to the requirements of
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