**DA 06-1279**

**Released: June 15, 2006**

**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**

(WT Docket No. 02-353, ET Docket No. 00-258)

By this Public Notice, the Wireless Telecommunications Bureau ("WTB" or
"Bureau") solicits proposals from entities who wish to act as a neutral,
not-for-profit clearinghouse[^1] responsible for facilitating cost
sharing among entrants benefiting from the relocation of incumbent
licensees in the 2.1 GHz bands. 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.

***Background information*.** In the *AWS Relocation and Cost Sharing
Report and Order*,[^2] adopted April 12, 2006, the Commission
established procedures for the relocation of Broadband Radio Service
(BRS) operations from the 2150-2160/62 MHz band.[^3] 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.

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 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.[^4] Mobile Satellite Service
(MSS) operators are required to participate in the clearinghouse for
Ancillary Terrestrial Component (ATC) base stations, *see e.g*., 47
C.F.R. § 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.[^5] 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.[^6] 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.[^7] 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.[^8]

***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 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.

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.

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.

***Comments on proposals***. Clearinghouse proposals will be available
to the public.[^9] 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.

***Filing instructions*.** Under the Commission's current procedures for
the submission of filings and other documents,[^10] 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 C.F.R. § 0.459 must be filed by paper.
Confidential filings are not permitted to be filed electronically.

**If filed by ECFS**,[^11] 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 \<your e-mail address\>." A
sample form and directions will be sent in reply.

**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, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 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, S.W., Washington, D.C.
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).

Copies of the documents filed in this matter may be obtained from Best
Copy and Printing, Inc. in person at 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 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, S.W., Room CY-A257,
Washington, D.C. 20554. The documents are also available electronically
through the Commission's ECFS, which may be accessed on the Commission's
Internet website at http://www.fcc.gov.

***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 C.F.R. §§ 1.1200(a),
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 Section 1.1206(b) of the
Commission\'s Rules, 47 C.F.R. § 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 C.F.R. § 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 C.F.R. § 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.

***People with Disabilities.*** To request this Public Notice in
accessible formats (computer diskette, large print, audio recording, and
Braille) send an email to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202) 418-0539 (voice), (202) 418-0432
(TTY).

For further information, contact Mary Woytek, Broadband Division,
Wireless Telecommunications Bureau, at (202) 418-2487.

By the Acting Chief, Wireless Telecommunications Bureau.

-FCC-

[^1]: 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 C.F.R. §§ 27.1162,
    27.1178. For convenience only, herein we refer to the clearinghouse
    in the singular.

[^2]: 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*).

[^3]: 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.

[^4]: *See AWS Relocation and Cost Sharing Report and Order* at ¶ 83.

[^5]: *See id.* at ¶¶ 93-94.

[^6]: *See id.* at ¶¶ 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 ¶ 106.

[^7]: *See id.* at ¶¶ 83, 107.

[^8]: *See id.* at ¶¶ 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 C.F.R. § 27.1166.

[^9]: "\[I\]t is important for any person who submits materials which he
    wishes withheld from public inspection under 5 U.S.C. 552(b)(4) to
    submit therewith a request for non-disclosure pursuant to 47 C.F.R.
    § 0.459. If it is shown in the request that the materials contain
    trade secrets or commercial, financial or technical data which would
    customarily be guarded from competitors, the materials will not be
    made routinely available for inspection; and a persuasive showing as
    to the reasons for inspection will be required in requests for
    inspection submitted under 47 C.F.R. § 0.461. In the absence of a
    request for non-disclosure, the Commission may, in the unusual
    instance, determine on its own motion that the materials should not
    be routinely available for public inspection. Ordinarily, however,
    in the absence of such a request, materials which are submitted will
    be made available for inspection upon request pursuant to 47 C.F.R.
    § 0.461, even though some question may be present as to whether they
    contain trade secrets or like matter." 47 C.F.R. § 0.457(d)(2).

[^10]: *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).

[^11]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    GC Docket No. 97-113, *Report and Order*, 13 FCC Rcd 11322 (1998).