[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 34726-34728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12493]
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FEDERAL COMMUNICATIONS COMMISSION
[GN Docket No. 18-122, DA 20-586; FRS 16829]
Wireless Telecommunications Bureau Seeks Comment on Optional Lump
Sum Payments for 3.7-4.2 GHz Band Incumbent Earth Station Relocation
Expenses
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Wireless Telecommunications Bureau
(Bureau) seeks comment on the preliminary lump sum categories and
payment amounts available to Fixed Satellite Service incumbent earth
station operators as part of the 3.7-4.2 GHz band transition.
DATES: Comments are due June 16, 2020.
ADDRESSES: You may submit comments and reply comments, identified by GN
Docket No. 18-122, by any of the following methods:
[ssquf] Electronic Filers: Elections may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/ in
docket number GN 18-122.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing.
[ssquf] Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.U.S.
[ssquf] Postal Service first-class, Express, and Priority mail must
be addressed to 445 12th Street SW, Washington DC 20554.
[ssquf] Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
[ssquf] During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.
FOR FURTHER INFORMATION CONTACT: Susan Mort, Wireless
Telecommunications Bureau, at Susan.Mort@fcc.gov or 202-418-2429.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice,
Wireless Telecommunications Bureau Seeks Comment on Optional Lump Sum
Payments for 3.7-4.2 GHz Band Incumbent Earth Station Relocation
Expenses, GN Docket No. 18-122, DA 20-586 (Public Notice), released on
June 4, 2020. The complete text of the Public Notice is available on
the Commission's website at https://docs.fcc.gov/public/attachments/DA-20-586A1.pdf or by using the search function for GN Docket No. 18-122
on the Commission's ECFS web page at www.fcc.gov/ecfs.
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file elections on or before
the date indicated on the first page of this document.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Ex Parte Rules: This proceeding shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must: (1) List all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made; and (2) 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
[[Page 34727]]
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
section 1.1206(b) of the Commission's rules. In proceedings governed by
section 1.49(f) 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 Commission's
ex parte rules.
Synopsis: With this Public Notice, the Wireless Telecommunications
Bureau (the Bureau) invites interested parties to provide additional
comment on the preliminary lump sum categories and payment amounts
available to Fixed Satellite Service (FSS) incumbent earth station
operators as part of the 3.7-4.2 GHz band (C-band) transition.
In the 3.7 GHz Band 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 lower portion and into
the upper 200 megahertz of the C-band. The 3.7 GHz Report and Order
established that new 3.7 GHz Service licensees will reimburse the
reasonable relocation costs of eligible incumbents, including incumbent
FSS earth station operators, to transition to the upper 200 megahertz
of the band. The 3.7 GHz Report and Order established that incumbent
FSS earth station operators may either accept: (1) Reimbursement for
their actual reasonable relocation costs by maintaining satellite
reception; or (2) a lump sum reimbursement ``based on the average,
estimated costs of relocating all of their incumbent earth stations''
to the upper 200 megahertz of the C-band. The 3.7 GHz Report and Order
directed the Bureau to establish a cost category schedule of the types
of expenses that incumbents may incur.
The Commission engaged a third-party contractor, RKF Engineering
Solutions, LLC (RKF), to assist in identifying costs that incumbents
might incur and to assist with the development of a cost category
schedule. With assistance from RKF, the Bureau developed the 3.7 GHz
Transition Preliminary Cost Category Schedule of Potential Expenses and
Estimated Costs (Preliminary Cost Catalog), which proposed classes of
earth stations eligible for lump sum payments but did not specify the
amounts. The Bureau sought comment on the earth station classes and
specific costs and prices that should ultimately be included in the
lump sums. In response, commenters proposed additional classes of earth
stations, including a separate category for multichannel video
programming distributor (MVPD) earth stations. Some commenters offered
methodologies for calculating the lump sum amounts and proposed lump
sum amounts. Commenters also identified additional transition costs to
be included in the calculation, such as modulation and encoding
technology.
After considering the comments received in response to the Cost
Catalog Public Notice, the Bureau, with assistance from RKF, has
updated the classes of earth stations and developed proposed lump sum
amounts for each class of earth station. The Bureau seeks additional
comment on the proposed earth station classes and proposed lump sum
amounts. The Bureau also seeks comment on the methodology for
determining average estimated costs. Do the modified categories
accurately reflect the relevant classes of earth stations? Do the lump
sum amounts reflect the average estimated costs of relocation for each
class of earth station, as required by the 3.7 GHz Report and Order?
Updated Classes of Earth Stations. The Bureau proposes a modified
list of earth station classes to more accurately reflect the types of
earth stations currently operating in the contiguous United States and
to account for the additional costs that MVPD earth station operators
may incur during the transition. To determine the relevant lump sum
amount, the threshold question is whether an earth station is used for
MVPD or non-MVPD operations. Non-MVPD earth station operators would be
eligible to receive the base amounts for the relevant class of earth
station(s) they operate (e.g., receive only single-feed; receive only
multi-feed, small multi-beam, etc.). MVPD earth station operators would
be eligible to receive the relevant base amount, as well as the amount
associated with any relevant technology upgrades (e.g., Integrated
Receiver/Decoder (IRD) replacements) that would be required to
transition each eligible MVPD earth station.
Methodology To Calculate Lump Sum Amounts. The Bureau calculated
the base lump sum amounts using the relevant earth station cost
components from the Preliminary Cost Catalog, with adjustments based on
feedback from commenters. For each cost item from the Preliminary Cost
Catalog, the Bureau determined the likely number of instances various
cost items would be used in an average transition for that earth
station class, i.e., how many modifications or component replacements
were needed for a given type of earth station in a typical transition.
The cost of the modification or replacement used for the lump sum
calculation was the average cost of the range from the Preliminary Cost
Catalog. Depending on the type of earth station, the Bureau input
different modifications or component changes based on the typical range
of changes that would be necessary for this type of earth station
transition. Some cost elements like soft costs, travel, and filtering
apply to all types of earth stations, whereas monthly rental earth
stations, fiber transmitters, and other cost elements only apply to
more complex earth station transitions.
The Bureau seeks comment on the methodology for calculating the
lump sum base amounts. Do the assumptions we make accurately represent
the average transition for each class of earth station? For costs that
will not be necessary in all transitions, in what percentage of typical
transitions for each earth station class would those cost items be
necessary? For example, if it is estimated that a rental antenna is
needed for 33% of the transitions, the lump sum calculation includes
33% of the cost of such an item. We seek comment on this approach and
invite commenters to provide specific data or information on the
percentages of typical transitions that would require various expenses.
The Bureau lists two types of technology upgrades for MVPDs (MVPD
downlink receiver replacement and program source uplink transmitter
replacement and associated changes to shift to higher order modulation
techniques) as separate line items and do not include them in the earth
station base lump sum amounts. As indicated, these specific technology
upgrade lump sum payments can be claimed by MVPD operators only for
those MVPD earth stations where upgrades are necessary for the
continued provision of existing services after the transition. Similar
to the calculation method for earth station lump sum base amounts, the
Bureau calculates the technology upgrade lump sum amounts from the
average cost of relevant cost elements using a typical number of
channels that will need to be upgraded, the amount of equipment to be
replaced, and other expenses
[[Page 34728]]
necessary to achieve the technology upgrade. The Bureau seeks comment
on whether the method of calculating the lump sum payment for
technology upgrades adequately addresses the needs of the stakeholders
that may need to replace equipment to operate higher order modulation
technologies to meet service demands in the remaining 200 megahertz of
the C-band. Should there be additional technology upgrade lump sum
options based on a more specific demonstration of the level of
equipment replacement that is needed? What type of demonstration should
we require from MVPD earth station operators to receive technology
upgrade lump sum payments? Are there other methods to address the
technology upgrade needs for those interested in lump sum payments? How
many received channels will need technology upgrades in a typical
transition? What percentage of MVPD earth station sites will need
technology upgrades? What percentage of various cost factors need to be
deployed in the typical transition?
Lump Sum Amounts. The Bureau seeks comment on the base lump sum
amounts for each class of earth station as well as the technology
upgrade lump sum amounts.
------------------------------------------------------------------------
Average
Estimated lump sum payments per earth station estimated cost
($)
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Base Lump Sum Payments
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Receive-Only Earth Station (ES) Single-feed........... 5,217
Receive-Only ES Multi-feed............................ 22,233
Receive-Only Small Multi-beam (2-4 beams) ES.......... 43,159
Receive-Only Large Multi-beam (5+ beams) ES........... 53,381
Gateway ES (bi-directional)........................... 20,726
Temporary Fixed ES (mobile Electronic News Gathering 3,060
trucks)..............................................
------------------------------------------------------------------------
Technology Upgrade Lump Sum Payments for Qualifying MVPD Earth Stations
------------------------------------------------------------------------
MVPD Downlink Technology Upgrades (per earth station). 70,782
Program Source Uplink Technology Upgrades............. 156,932
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After this additional comment period, and consistent with the 3.7
GHz Report and Order, the Bureau will consider the record compiled on
these issues and publish the final lump sum amounts and provide
instructions for making such an election.
Amy Brett,
Chief of Staff, Competition and Infrastructure Policy Division,
Wireless Telecommunications Bureau.
[FR Doc. 2020-12493 Filed 6-5-20; 8:45 am]
BILLING CODE 6712-01-P