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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules
WT Docket No. 20443; DA 21649, adopted and released on June 3, 2021.
The full text of this document visit FCCs website at https docs.fcc.gov/
public/attachments/DA-21-649A1.pdf or via the FCCs Electronic Comment Filing System ECFS website at http
www.fcc.gov/ecfs. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.
Alternative formats are available for people with disabilities braille, large print, electronic files, audio format, by sending an email to fcc504@fcc.gov or calling the Commissions Consumer and Governmental Affairs Bureau at 202
4180530 voice, 202 4180432
TTY.
I. Background
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1. On January 15, 2021, the Commission released a Notice of Proposed Rulemaking NPRM seeking input on the feasibility of allowing flexible-use services in the 12.212.7
GHz band 12 GHz band while protecting incumbents from harmful interference.1 In response to a motion filed by CCIA, et al. for an extension of time to file comments and replies to the NPRM,2 the Bureau released an Order on March 29, 2021, allowing an additional 30 days to file comments and replies Extension Order.3 The Bureau agreed with the parties that a 30-day extension was warranted to provide commenters with additional time to prepare comments and reply comments that fully respond to the complex economic, engineering, and policy issues raised in the NPRM. 4 The Bureau, however, declined two requests by SpaceX Holdings, LLC SpaceX, WorldVu Satellites Limited OneWeb, Kepler Communications, Intelsat License LLC, and SES S.A. the 12 GHz Alliance to indefinitely suspend the initial comment deadline 1 See Expanding Flexible Use of the 12.212.7
GHz Band, et al., WT Docket No. 20443, Notice of Proposed Rulemaking, 36 FCC Rcd 606 2021
NPRM. The comment and reply comment deadlines were set at 30 and 60 days after publication in the Federal Register. Publication occurred on March 8, 2021, which made the original deadlines April 7, 2021, and May 7, 2021, respectively. See Federal Communications Commission, Expanding Flexible Use of the 12.2
12.7 GHz Band, 86 FR 13266 Mar. 8, 2021.
2 See Motion of Computer & Communications Industry Association CCIA, INCOMPAS, Open Technology Institute at New America, and Public Knowledge for Extension of Time, WT Docket No.
20443, et al., filed Mar. 19, 2021.
3 See Expanding Flexible Use of the 12.212.7
GHz Band, et al., WT Docket No. 20443, et al., Order, DA 21370 WTB Mar. 29, 2021 Extension Order extending deadlines for comments and reply comments to May 7, 2021, and June 7, 2021, respectively.
4 Extension Order at para. 3.

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until RS Access, LLC RS Access provided certain technical analyses.5
2. On May 24, 2021, the 12 GHz Alliance filed the instant request for a 30-day extension of the Reply Comment deadline of June 7, 2021.6 The 12 GHz Alliance seeks additional time to adequately review and respond to voluminousnearly 300 pages in comments and exhibits between just RS
Access, LLC and DISH Network Corporation. 7 In response, the 5Gfor12GHz Coalition opposes the instant Reply Extension Request on various grounds.8 The 5Gfor12GHz Coalition argues that the complex and voluminous nature of the comments do not form the basis for an extension beyond the normal comment and reply schedule expected of routine technical proceedings that involve complex filings.9 Furthermore, the 5Gfor12GHz Coalition assert that the previously granted extension of the comment deadline by the Commission in this proceeding provided ample additional time for stakeholders to prepare and submit the necessary technical and economic analyses, and that any further 5 See Extension Order at n.6 citing Letter from Ruth Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to Marlene H. Dortch, Secretary, FCC, at 1 Mar.
23, 2021; Expanding Flexible Use of the 12.212.7
GHz Band, et al., WT Docket No. 20443, et al., Order, DA 21519 WTB May. 4, 2021 Further Extension Denial Order denying further extension requested by 12 GHz Alliance in Letter from Ruth Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to Marlene H. Dortch, Secretary, FCC Apr. 26, 2021.
6 Motion of Space Exploration Holdings, LLC, WorldVu Satellites Limited, Kepler Communications, Intelsat License LLC, and SES
S.A. 12 GHz Alliance for Extension of Time, WT
Docket No. 20443, et al., filed May 24, 2021
Reply Extension Request.
7 Reply Extension Request at 3.
8 See Opposition of 5Gfor12GHz Coalition to Motion for Extension of Time to File Reply Comments, WT Docket No. 20443, et al., filed May 27, 2021 5Gfor12GHz Coalition Opposition.
The 5Gfor12GHz Coalitions members include INCOMPAS, Public Knowledge, DISH Network, Computer & Communications Industry Association CCIA, RS Access, Open Technology Institute at New America, Federated Wireless, AtLink, Cambridge Broadband Networks Group Ltd.
CBNG, Center for Education Innovations CEI, Center for Rural Strategies, Etheric Networks, GeoLinks, Go Long Wireless, Granite Telecommunications, mmWave Tech, MVD
Number 53 Partners, Resound Networks, Rise Broadband, Rural Wireless Association RWA, Tel Net Worldwide, Tilson, VMware, WeLink, White Cloud Technologies, Xiber and X-Lab. 5Gfor12GHz Coalition Opposition at 1, n.1. Public Knowledge, Federated Wireless, MVD Number 53 Partners, and Center for Rural Strategies abstained from this opposition. Id.
9 See 5Gfor12GHz Coalition Opposition at 2
citing Amendment of Rules Governing UltraWideband Devices and Systems, Order Denying Extension of Time to File Comments and Reply Comment, 34 FCC Rcd. 7176, 7177 3 2019
denying request to extend comment and reply deadlines in response to a petition for rulemaking Ultra-Wideband Extension Denial.

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delay will hamper 5G deployment in this band to U.S. consumers.10
3. The Commission grants the Reply Extension Request filed by the 12 GHz Alliance. As set forth in Section 1.46 of the Commissions rules,11 the Commission does not routinely grant extensions of time for filing comments in rulemaking proceedings.
Nevertheless, the Commission previously found good cause for granting a 30-day extension of the original comment period to provide commenters with additional time to prepare initial comments addressing the complex economic, engineering, and policy issues raised in the NPRM. The Commission now finds that a 30-day extension of the reply comment perioduntil July 7, 2021is justified for the same reasons, in order to give parties ample time to respond to the complex economic, engineering, and policy issues raised in the initial comments to the NPRM.12 The Commission notes that the precedent for denying the Reply Extension Request cited by the 5Gfor12GHz Coalition is unpersuasive in this case.13
II. Ordering Clause 4. Accordingly, it is ordered that, pursuant to section 4i of the Communications Act of 1934, as amended, 47 U.S.C. 154i, and 0.131, 0.331, and 1.46 of the Commissions rules, 47 CFR 0.131, 0.331, and 1.46, the Reply Extension Request filed by SpaceX Holdings, LLC, WorldVu Satellites Limited, Kepler Communications, Intelsat License LLC, and SES S.A., on May 24, 2021 IS
GRANTED.
10 See
5Gfor12GHz Coalition Opposition at 4.
CFR 1.46.
12 In making this finding, the Commission gives no credit to the 12 GHz Alliances suggestion that the studies that RS Access and DISH submitted with their timely-filed comments were somehow belated submissions . . . to limit other interested parties ability to review and reply. Reply Extension Request at 3. See generally 5Gfor12GHz Coalition Opposition at 3, Letter from Trey Hanbury, Counsel to RS Access, LLC, to Marlene H.
Dortch, Secretary, FCC, at 2 The notion that timely receipt of a partys initial comments in a Commission rulemaking proceeding precludes other parties meaningful participation in that proceeding defies logical explanation. Apr. 28, 2021.
13 The Ultra-Wideband Extension Denial cited by the 5Gfor12GHz Coalition, see supra note 9, involved a decision declining to extend both the original comment and reply comment deadlines in response to a public notice for a petition for rulemakinga step preliminary to initiation of a rulemaking proceeding. By comparison, the pleading cycle in the instant proceeding is in response to the NPRM, and the Bureau previously found a 30-day extension of the original comment deadline was justified in this case.
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