[Federal Register: July 5, 2006 (Volume 71, Number 128)]
[Notices]
[Page 38162-38164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy06-56]
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FEDERAL COMMUNICATIONS COMMISSION
[WT Docket No. 02-353; ET Docket No. 00-258; DA 06-1279]
Wireless Telecommunications Bureau Opens Filing Window for
Proposals To Develop and Manage the Clearinghouse That Will Administer
the Relocation Cost Sharing Plan for Licensees in the 2.1 GHz Bands
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Wireless Telecommunications Bureau
(Bureau) announces the opening of the filing window in soliciting
proposals from entities who wish to act as a neutral, not-for-profit
clearinghouse responsible for facilitating cost sharing among entrants
benefiting from the relocation of incumbent licensees in the 2.1 GHz
bands.
DATES: The Bureau will accept proposals until July 17, 2006, and will
make the proposals available for public inspection. Comments on the
specific proposals or on other issues related to the Bureau's selection
of a clearinghouse must be filed by July 31, 2006, and replies to
comments on specific proposals must be filed by August 14, 2006.
ADDRESSES: You may submit comments, identified by [WT Docket No. 02-
353; ET Docket No. 00-258; DA 06-1279], by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.
Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Mary Woytek, Wireless
Telecommunications Bureau, Broadband Division, at (202) 418-2487.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document DA 06-1279, released June 15, 2006, in WT Docket No. 02-353,
ET Docket No. 00-258. Copies of the
[[Page 38163]]
documents filed in this matter may be obtained from Best Copy and
Printing, Inc. in person at 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, via telephone at (202) 488-5300, via facsimile at
(202) 488-5563, or via e-mail at fcc@bcpiweb.com. These documents are
also available for public inspection and copying during normal
reference room hours at the following Commission office: FCC Reference
Information Center, 445 12th Street, SW., Room CY-A257, Washington, DC
20554. The documents are also available electronically through the
Commission's ECFS, which may be accessed on the Commission's Internet
Web site at http://www.fcc.gov. People with Disabilities: Contact the
FCC to request this public notice in accessible formats (computer
diskette, large print, audio recording, and Braille) send an e-mail to
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
(202) 418-0539 (voice), (202) 418-0432 (TTY).
Background Information. On April 12, 2006, the Commission adopted
the AWS Relocation and Cost Sharing Report and Order,\1\ establishing
procedures for the relocation of Broadband Radio Service (BRS)
operations from the 2150-2160/62 MHz band.\2\ The AWS Relocation and
Cost Sharing Report and Order also established procedures for the
relocation of Fixed Microwave Service (FS) operations from the 2160-
2175 MHz band and modified existing relocation procedures for the 2110-
2150 MHz and 2175-2180 MHz bands. In addition, the Commission adopted
cost sharing rules to identify the reimbursement obligations for
Advanced Wireless Service (AWS) and Mobile Satellite Service (MSS)
entrants benefiting from the relocation of incumbent FS operations in
the 2110-2150 MHz and 2160-2200 MHz bands and AWS entrants benefiting
from the relocation of BRS incumbents in the 2150-2160/62 MHz band.
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\1\ Amendment of part 2 of the Commission's rules to Allocate
Spectrum Below 3 GHz for Mobile and Fixed Service to Support the
Introduction of New Advanced Wireless Services, including Third
Generation Wireless Systems, ET Docket No. 00-258, Service Rules for
Advances Wireless Services in the 1.7 GHz and 2.1 GHz Bands, WT
Docket No. 02-353, Ninth Report and Order and Order, FCC 06-45 (rel.
April 21, 2006) (AWS Relocation and Cost Sharing Report and Order).
\2\ The Multipoint Distribution Service (MDS) was renamed the
Broadband Radio Service (BRS) in the BRS R&O. See Amendment of parts
1, 21, 73, 74 and 101 of the Commission's rules to Facilitate the
Provision of Fixed and Mobile Broadband Access, Educational and
Other Advanced Services in the 2150-2162 MHz and 2500-2690 MHz
Bands, WT Docket No. 03-66, Report and Order and Further Notice of
Proposed Rulemaking, 19 FCC Rcd 14165 (2004) (BRS R&O and FNPRM);
Third Memorandum Opinion and Order and Second Report and Order, FCC
06-46 (rel. April 27, 2006) (BRS Third MO&O and Second R&O).
Therefore, all former MDS licensees are now referred to as BRS
licensees. BRS uses 2160-2162 MHz only in the top 50 markets. In WT
Docket 03-66, as part of an overall restructuring of the BRS
spectrum, the Commission established a channel plan in the 2496-2690
MHz band that is designed to accommodate BRS licensees that
currently operate in the 2150-2160/62 MHz band.
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Specifically, in the AWS Relocation and Cost Sharing Report and
Order, the Commission delegated authority to the Bureau to select one
or more entities for the creation and management of a neutral, not-for-
profit clearinghouse \3\ that would facilitate cost sharing among AWS
and MSS entrants benefiting from the relocation of FS incumbents in the
2110-2150 MHz and 2160-2200 MHz bands. Mobile Satellite Service
operators are required to participate in the clearinghouse for
Ancillary Terrestrial Component (ATC) base stations, see e.g., 47 CFR
101.82(d), and may elect to submit claims for reimbursement to the AWS
clearinghouse for FS links relocated due to interference from the MSS
space-to-Earth operations. The Commission also therein delegated
authority to the Bureau to select one or more entities for the creation
and management of a neutral, not-for-profit clearinghouse to facilitate
cost sharing among AWS entrants benefiting from the relocation of BRS
incumbents in the 2150-2160/62 MHz band.\4\ The Commission stated that
selection would be based on criteria established by the Bureau, and
that the Bureau would publicly announce the criteria and solicit
proposals from qualified parties. The Commission also instructed the
Bureau to solicit public comment on proposals that are submitted and,
after selecting the clearinghouse administrator(s), to announce the
effective date of the clearinghouse filing requirements.\5\
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\3\ WTB will select one or more entities to operate as a
neutral, not-for-profit clearinghouse(s). This clearinghouse(s) will
administer the cost-sharing plan. See 47 CFR 27.1162, 27.1178. For
convenience only, herein we refer to the clearinghouse in the
singular.
\4\ See AWS Relocation and Cost Sharing Report and Order at
paragraphs 106-107. The Commission made no determination at the time
as to whether a clearinghouse must provide administration for both
FS and BRS-related cost sharing. See id. at n.374. However, the
Commission recognized the efficiencies in a clearinghouse
administering the cost sharing processes for the relocation of both
FS and BRS incumbents in the subject bands. See id. at paragraph
106.
\5\ See id. at paragraphs 83, 107. Claims for reimbursement are
limited to relocation expenses incurred on or after the date when
the first AWS license is issued in the relevant AWS band (start
date). If a clearinghouse is not selected by that date, claims for
reimbursement and notices of operation for activities that occurred
after the start date but prior to the clearinghouse selection must
be submitted to the clearinghouse within thirty calendar days of the
selection date. See 47 CFR 27.1166.
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Parties submitting comments to the Commission should specifically
address the particulars of each proposal. In addition, we seek comment
on whether more than one clearinghouse would be feasible and, if we
decide to designate multiple clearinghouses, what mechanisms should be
implemented to facilitate their simultaneous operation. We further seek
comment on whether, as a general matter, proposals that offer to
administer cost sharing for both FS and BRS relocations are preferable
to proposals that seek to administer cost sharing for only one of these
relocation processes.
Clearinghouse Proposals. We request that an existing or newly-
formed entity interested in serving as a cost sharing clearinghouse
submit a business plan detailing how the entity would perform the
functions of a clearinghouse. Proposals received after July 17, 2006,
will not be considered. At a minimum, each proposal must include:
A reference to this public notice and WT Docket No. 02-353
and ET Docket No. 00-258;
The name and a description of the entity proposing to be a
clearinghouse, and a description of its qualifications;
Information regarding financial data, including business
plans, which should address how the entity intends to raise start-up
funds and how much the entity plans to charge for individual
transactions;
Whether the entity is interested in serving as a
clearinghouse for FS relocations, BRS relocations, or both;
A detailed description of accounting methods (e.g., how
the entity intends to separate out premium payments, which are
nonreimbursable);
A description of how the entity intends to address
concerns about confidentiality, and a description of security measures
the entity will take to safeguard submitted information, including off-
site data back-up facilities and measures to ensure continuity of
access to the information in the event the entity's operations are
interrupted;
A certification that the entity will be able and willing
to work with other clearinghouse managers should WTB decide to
designate more than one;
A certification that the entity is a not-for-profit
organization and will retain its not-for-profit status during the term
of its operations;
A description of how the entity intends to remain
impartial and how it will prevent any conflicts of interest;
An assessment of how long it would take the entity to
become operational
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and how many days it would take the clearinghouse to notify licensees
of a reimbursement obligation;
A description of how the entity intends to resolve
disputes between parties (e.g., disputes over whether a particular
expense is reimbursable); and
The name, address, telephone number, and signature of a
contact person familiar with the proposal.
We emphasize that the above requirements are only what, at a
minimum, must be included in each proposal. The Bureau will evaluate
proposals by balancing a number of factors, which include the criteria
listed above (in particular, the entity's qualifications, plans for
operation of the clearinghouse, and amount of time to become
operational) as well as an overall assessment of the particulars of
each entity's proposal.
Once selected, a clearinghouse must operate in accordance with the
Commission's rules. Accordingly, any entity proposing to serve as a
clearinghouse is expected to be familiar with the applicable Commission
rules, policies, and procedures.
Filing instructions. Under the Commission's current procedures for
the submission of filings and other documents,\6\ submissions in this
matter may be filed electronically (i.e., through ECFS) or by paper
copy. EXCEPTION: Any material submitted with a request for non-
disclosure pursuant to 47 CFR 0.459 must be filed by paper.
Confidential filings are not permitted to be filed electronically.
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\6\ See Implementation of Interim Electronic Filing Procedures
for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); see
also FCC Announces a New Filing Location for Paper Documents and a
New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd
22165 (2001); Reminder: Filing Locations for Paper Documents and
Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd
16705 (2003).
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If filed by ECFS,\7\ comments shall be sent as an
electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
In completing the transmittal screen, commenters should
include their full name, Postal Service mailing address, and the
applicable docket number. Parties may also submit an electronic comment
by Internet e-mail. For ECFS filers, if multiple docket or rule making
numbers appear in the caption of this proceeding, filers must transmit
one electronic copy of the comments for each docket or rule making
number referenced in the caption. To get filing instructions for e-mail
comments, commenters should send an e-mail to ecfs@fcc.gov, and should
include the following words in the body of the message, ``get form
.'' A sample form and directions will be sent in
reply.
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\7\ See Electronic Filing of Documents in Rulemaking
Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd
11322 (1998).
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If filed by paper, the original and four copies of each
filing must be filed by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). The Commission's contractor will receive hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail,
and Priority Mail should be addressed to 445 12th Street, SW.,
Washington, DC 20554. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
One copy of each pleading must be delivered
electronically, by e-mail or facsimile, or if delivered as paper copy,
by hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail (according to the
procedures set forth above for paper filings), to the Commission's
duplicating contractor, Best Copy and Printing, Inc., at
fcc@bcpiweb.com, or (202) 488-5563 (facsimile).
Permit-but-disclose proceeding. Because of the policy
implications and potential impact of this proceeding on persons not
parties hereto, we believe it would be in the public interest to treat
all proposals filed in response to this public notice as a single,
permit-but-disclose proceeding under the ex parte rules, see 47 CFR
1.1200(a) and 1.1206. Therefore, subsequent to the release of this
public notice, ex parte presentations that are made with respect to
proposals, comments, or other issues involved herein will be allowed
but must be disclosed in accordance with the requirements of Sec.
1.1206(b) of the Commission's rules, 47 CFR 1.1206(b). Permit-but-
disclose ex parte procedures permit interested parties to make ex parte
presentations to the Commissioners and Commission employees and require
that these presentations be disclosed in the record of the relevant
proceeding. Persons making a written ex parte presentation to the
Commissioners or Commission employees must file the written
presentation with the Commission's Secretary no later than the next
business day after the presentation. 47 CFR 1.1206(b)(1). Persons
making oral ex parte presentations must file a summary of the
presentation and deliver copies to the Commissioners or Commission
employees involved with the presentation no later than the next
business day after the presentation. 47 CFR 1.1206(b)(2). All ex parte
filings must be clearly labeled as such and must reference WT Docket
No. 02-353 and the DA number of this public notice, DA 06-1279.
Decision. WTB will base its decision on the information provided.
Once WTB designates one or more clearinghouse managers, such
designation(s) will take effect upon the execution by such
clearinghouse manager(s) and the WTB of a Memorandum of Understanding
(MOU). Once a decision has been made and MOUs executed, the Bureau will
announce by public notice the names and addresses of the selected
Database Managers.
Federal Communications Commission.
Catherine W. Seidel,
Acting Chief, Wireless Telecommunications Bureau.
[FR Doc. E6-10370 Filed 7-3-06; 8:45 am]
BILLING CODE 6712-01-P