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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Notices
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 1.1206b of the Commissions rules. In proceedings governed by 1.49f 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. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
Synopsis: With this Public Notice, the Wireless Telecommunications Bureau WTB or Bureau prescribes the form by which eligible C-band space station operators should submit Phase I
Certifications of Accelerated Relocation Certifications and establishes the process by which stakeholders can file related challenges to those Certifications. The 3.7 GHz Report and Order required that, in order to be eligible for an Accelerated Relocation Payment ARP, an eligible space station operator must file a Certification demonstrating, in good faith, that it has completed the necessary clearing actions to satisfy each deadline. An eligible space station operator is required to complete its obligations and then file a Certification by the applicable Accelerated Relocation Deadline, which for Phase I is December 5, 2021. Certifications should be filed both in GN Docket No. 18122 and in the new docket the Bureau opens here, GN Docket No. 21320; stakeholders should file any related challenges in GN
Docket No. 21320.
In the 3.7 GHz Report and Order, the Commission adopted rules to make 280
megahertz of mid-band spectrum available for flexible use plus a 20
megahertz guard band throughout the contiguous United States by transitioning existing services out of the
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lower portion of the band and into the upper 200 megahertz of the C-band i.e., 4.04.2 GHz. The 3.7 GHz Report and Order established that new 3.7 GHz Service licensees would reimburse the reasonable, actual relocation costs of eligible FSS space station operators, incumbent FSS earth station operators, and incumbent Fixed Service licensees collectively, incumbents to transition out of the band.
The 3.7 GHz Report and Order established a deadline of December 5, 2025, by which incumbent space station operators were to complete the transition of their operations to the upper 200 megahertz of the band, but it also provided an opportunity for accelerated clearing of the band by allowing eligible space station operators to voluntarily commit to relocate on a two-phased accelerated schedule, with a Phase I deadline of December 5, 2021, and a Phase II deadline of December 5, 2023. All five eligible space station operators elected accelerated relocation.
By electing accelerated relocation, the eligible space station operators, among other things, have voluntarily committed to perform all the tasks necessary to enable any incumbent earth station that receives or sends C-band signals to a space station owned by that operator to maintain that functionality in the upper 200 megahertz of the band.
The 3.7 GHz Report and Order stated that to the extent eligible space station operators can meet the Phase I
and Phase II Accelerated Relocation Deadlines, they will be eligible to receive the accelerated relocation payments associated with those deadlines. Once the eligible space station operators Certification is validated, the ARPs will be disbursed by the Relocation Payment Clearinghouse Clearinghouse.
The 3.7 GHz Report and Order specified that an eligible space station operators satisfaction of the Accelerated Relocation Deadlines will be determined by the timely filing of a Certification of Accelerated Relocation demonstrating, in good faith, that it has completed the necessary clearing actions to satisfy each deadline and directed WTB to prescribe the form of such Certifications. Further, the Bureau, Clearinghouse, and relevant stakeholders will have the opportunity to review the Certification of Accelerated Relocation and identify potential deficiencies.
The 3.7 GHz Report and Order also directed that if credible challenges as to the space station operators satisfaction of the relevant deadline are made, the Bureau will issue a public notice identifying such challenges and
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will render a final decision as to the validity of the certification no later than 60 days from its filing. Absent notice from WTB of deficiencies in the Certification within 30 days of its filing, the Certification will be deemed validated. Following validation, the Clearinghouse shall promptly notify overlay licensees, who must pay the ARP to the Clearinghouse within 60
days of the notice. The Clearinghouse must disburse the ARP to the eligible space station operator within seven 7
days of receipt. Should an eligible space station operator miss the Phase I or Phase II deadline, it may still receive a reduced, but non-zero, ARP if it otherwise meets the Certification requirements within six months after the relevant Accelerated Relocation Deadline.
The 3.7 GHz Report and Order directed WTB to: 1 Prescribe the form of Certifications and any challenges by relevant stakeholders; and 2 establish the process for how such challenges will impact the incremental decreases in the ARP. With this Public Notice, the Bureau establishes the requisite filing procedures and challenge process relating to the Phase I Accelerated Relocation Certification process.
Filing Procedures. To claim an ARP, eligible space station operators must submit Certifications to the Clearinghouse via any of the communication methods established between those parties. In addition, these space station operators must file their Certifications with WTB, which may be done electronically with a submission to the FCCs Electronic Comment Filing System ECFS. While Certifications must be filed in GN Docket No. 18122, WTB hereby creates new docket, GN
Docket No. 21320, in which Certifications should also be filed. In addition, any related challenges from stakeholders must be filed in this new docket. If a stakeholder seeks to challenge multiple eligible space station operator Certifications, each challenge must be filed separately with respect to each Certification in GN Docket No. 21
320.
Certification Content. To satisfy the Phase I deadline, the Certification must describe in detail each action that was taken by the eligible space station operator, including the date of completion, in a similar format and content to that operators Transition Plan. This description should include but is not limited to: The operations that were repacked to satisfy the Phase I deadline; The number of new satellites, if any, that the eligible space station operator launched, including the
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