[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Proposed Rules]
[Pages 32669-32671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12947]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 25, 27 and 101

[WT Docket No. 20-443, GN Docket No. 17-183; DA 21-649; FR ID 32905]


Expanding Flexible Use of the 12.2-12.7 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule, extension of reply comment period.

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SUMMARY: In this document, the Commission grants the request by SpaceX 
Holdings, LLC, WorldVu Satellites Limited, Kepler Communications, 
Intelsat License LLC, and SES S.A., for an extension of the reply 
comment deadline for the proposed rule published in the Federal 
Register.

DATES: The reply comment period for the proposed rule published April 
16, 2021, at 86 FR 20111, is extended. Reply comments should be 
received either on or before July 7, 2021.

ADDRESSES: You may submit comments, identified by WT Docket No. 20-443 
and GN Docket No. 17-183, by any of the following methods:
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    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.
    <bullet> 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.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
    <bullet> 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.
    <bullet> 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.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#8bede8e8bebbbfcbede8e8a5ece4fd"><span class="__cf_email__" data-cfemail="660005055356522600050548010910">[email protected]</span></a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

FOR FURTHER INFORMATION CONTACT: Madelaine Maior of the Wireless 
Telecommunications Bureau, Broadband Division, at 202-418-1466 or 
<a href="/cdn-cgi/l/email-protection#a7eac6c3c2cbc6cec9c289eac6cec8d5e7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="a3eec2c7c6cfc2cacdc68deec2caccd1e3c5c0c08dc4ccd5">[email protected]</span></a>; or Simon Banyai of the Wireless 
Telecommunications Bureau, Broadband Division, at 202-418-1443 or 
<a href="/cdn-cgi/l/email-protection#a7f4cecac8c989e5c6c9dec6cee7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="7023191d1f1e5e32111e091119301613135e171f06">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in

[[Page 32670]]

WT Docket No. 20-443; DA 21-649, adopted and released on June 3, 2021. 
The full text of this document visit FCC's website at https://docs.fcc.gov/public/attachments/DA-21-649A1.pdf or via the FCC's 
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 <a href="/cdn-cgi/l/email-protection#bfd9dcdc8a8f8bffd9dcdc91d8d0c9"><span class="__cf_email__" data-cfemail="43252020767377032520206d242c35">[email protected]</span></a> or calling the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).

I. Background

    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 12.2-12.7 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 until 
RS Access, LLC (RS Access) provided certain technical analyses.\5\
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    \1\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et 
al., WT Docket No. 20-443, 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. 20-443, et 
al., (filed Mar. 19, 2021).
    \3\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et 
al., WT Docket No. 20-443, et al., Order, DA 21-370 (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.
    \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 12.2-12.7 GHz Band, et al., WT Docket No. 20-443, et al., 
Order, DA 21-519 (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)).
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    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 ``voluminous--nearly 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 delay will hamper 5G deployment in this band to U.S. 
consumers.\10\
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    \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. 20-
443, 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. 20-443, et 
al., (filed May 27, 2021) (5Gfor12GHz Coalition Opposition). The 
5Gfor12GHz Coalition's 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 Ultra-Wideband 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).
    \10\ See 5Gfor12GHz Coalition Opposition at 4.
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    3. The Commission grants the Reply Extension Request filed by the 
12 GHz Alliance. As set forth in Section 1.46 of the Commission's 
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 period--until July 
7, 2021--is 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\
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    \11\ 47 CFR 1.46.
    \12\ In making this finding, the Commission gives no credit to 
the 12 GHz Alliance's 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 party's 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 rulemaking--a 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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II. Ordering Clause

    4. Accordingly, it is ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 
Sec. Sec.  0.131, 0.331, and 1.46 of the Commission's 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.

[[Page 32671]]

    5. It is further ordered that the deadline to file reply comments 
in this proceeding is extended to July 7, 2021.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-12947 Filed 6-21-21; 8:45 am]
BILLING CODE 6712-01-P


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