Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules 51335 

Subpart F—[Removed and Reserved] 

■ 3. Remove and reserve subpart F, 

consisting of §§ 405.601 through 

405.607. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2021–20016 Filed 9–13–21; 4:15 pm] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 2, 27 

[WT Docket No. 19–348; DA 21–1024; FRS 

44893] 

Wireless Telecommunications Bureau 

Seeks Comment on the Selection 

Process for and Operation of the 

Reimbursement Clearinghouse for the 

3.45 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Wireless Telecommunications Bureau 

(the Bureau) seeks comment on the 

appropriate industry stakeholders to 

form a search committee to select a 

Reimbursement Clearinghouse 

(Clearinghouse) to oversee the 

reimbursement of relocation expenses 

for certain secondary non-federal 

radiolocation licensees in the 3.45–3.55 

GHz band (3.45 GHz band). The Bureau 

also seeks comment on other issues 

related to the Clearinghouse search 

committee process. 

DATES: Interested parties may file 

comments on or before September 30, 

2021; and reply comments on or before 

October 12, 2021. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 19–348, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/ in docket number WT Docket No. 

19–348. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings in response to this Public 

Notice may be sent by hand or 

messenger delivery, 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. 

• 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. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• 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/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Jones, Wireless 

Telecommunications Bureau, Mobility 

Division, (202) 418–1327 or 

joyce.jones@fcc.gov. For information 

regarding the PRA information 

collection requirements, contact Cathy 

Williams, Office of Managing Director, 

at 202–418–2918 or Cathy.Williams@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of a Public Notice in WT 

Docket No. 19–348, DA 21–1024, 

released August 20, 2021. The full text 

of the Public Notice is available for 

public inspection at the following 

internet address: https://www.fcc.gov/ 

document/345-ghz-clearinghousesearch-committee-public-notice. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format), by 

sending an email to FCC504@fcc.gov or 

calling the Consumer and Governmental 

Affairs Bureau at 202–418–0530 (voice) 

or 202–418–0432 (TTY). Pursuant to 

§§ 1.415 and 1.419 of the Commission’s 

rules, 47 CFR 1.415, 1.419, interested 

parties may file comments on or before 

the dates indicated on the first page of 

this document. 

Ex Parte Rules 

This proceeding shall continue to be 

treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules (47 CFR 

1.1200). 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 presenter’s 

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 rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) 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. 

Supplemental Initial Regulatory 

Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980 (RFA), the 

Bureau has prepared a Supplemental 

Initial Regulatory Flexibility Analysis 

(IRFA) of the possible significant 

economic impact on small entities of the 

policies and requirements proposed in 

the Public Notice. It requests written 

public comment on the Supplemental 

IRFA contained in the Public Notice. 

Comments must be filed in accordance 

with the same deadlines as comments 

filed in response to the Public Notice as 

set forth on the first page of this 

document and have a separate and 

distinct heading designating them as 

responses to the Supplemental IRFA. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, will send a copy of 

the Public Notice, including the 

Supplemental IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Paperwork Reduction Act Analysis 

This document contains proposed 

information collection requirements. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
51336 Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

the Office of Management and Budget 

(OMB) to comment on the information 

collection requirements contained in 

this document, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

the Commission seeks specific comment 

on how it might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

Synopsis 

In the 3.45 GHz Band Second R&O, 

the Commission adopted rules to make 

100 megahertz of mid-band spectrum 

available for flexible use throughout the 

contiguous United States. To facilitate 

this goal, the Commission previously 

had determined that secondary, nonfederal radiolocation licensees in the 

band would be relocated to the 2.9–3.0 

GHz band. In the 3.45 GHz Band Second 

R&O, the Commission further 

determined that secondary, non-federal 

radiolocation authorizations would 

sunset 180 days after new 3.45 GHz 

Service licenses are granted in the band. 

In addition, the Commission required 

new flexible-use licensees in the 3.45 

GHz Service to reimburse secondary, 

non-federal radiolocation licensees for 

reasonable costs related to the relocation 

of those operations to the 2.9–3.0 GHz 

band, including the costs of a relocation 

clearinghouse’s administration of the 

reimbursement. Specifically, each new 

3.45 GHz Service licensee will be 

responsible for reimbursement of a pro 

rata share of reasonable relocation costs 

of non-federal radiolocation operations. 

The Commission in the 3.45 GHz 

Band Second R&O delegated authority 

to the Bureau, working in coordination 

with the Office of the Managing 

Director, to develop and implement a 

clearinghouse selection process similar 

to the process used in the 3.7 GHz 

proceeding. Consistent with that 

delegation, the Bureau now seeks 

comment on the appropriate industry 

stakeholders to be included in the 

search committee for a 3.45 GHz band 

Clearinghouse. As in the 3.7 GHz 

proceeding, the Commission in the 3.45 

GHz Band Second R&O provided for the 

creation of a neutral, independent 

clearinghouse to oversee the collection 

and distribution of relocation 

reimbursement payments from new 3.45 

GHz Service licensees to non-federal 

secondary radiolocation incumbents. 

Unlike in the 3.7 GHz context, however, 

in the 3.45 GHz proceeding, the 

Commission did not identify the 

specific industry stakeholders who 

would compose the search committee to 

select the Clearinghouse. 

In the 3.7 GHz proceeding, the 

Commission determined that the 

clearinghouse search committee would 

be composed of nine members 

appointed by nine entities that the 

Commission found, collectively, 

reasonably represented the interests of 

the stakeholders in the 3.7 GHz band 

transition. These entities represented 

incumbents in the band (space station 

operators—three entities, and earth 

station operators—three entities) and 

prospective flexible-use licensees (three 

entities). The Commission determined 

that the range of entities it had chosen 

would fairly represent the broad 

interests of the relevant stakeholders in 

the 3.7 GHz band transition. The 

Commission directed the search 

committee to proceed by consensus, but 

noted that if a vote on the selection of 

a clearinghouse was required, it would 

be by a majority vote. 

As in the 3.7 GHz proceeding, the 

Bureau expects that an effective 3.45 

GHz Clearinghouse search committee 

should be composed of a mix of entities 

representing incumbent and prospective 

licensee interests. The Bureau seeks 

comment on which industry 

stakeholders should be included in the 

3.45 GHz Clearinghouse search 

committee. The Bureau notes that in 

this proceeding, incumbents are two 

broadcasters—NBCUniversal and 

Nexstar—operating weather radar 

systems in the band. Are incumbent 

interests sufficiently aligned such that 

one entity can represent both 

incumbents? Regarding prospective 

licensee interests, the Bureau 

anticipates Auction 110 for 3.45 GHz 

Service licensees to attract a variety of 

participants. Who should represent 

these prospective licensee interests on 

the search committee? Should it be one 

or more individual service providers, 

one or more industry associations? Are 

industry associations better positioned 

to serve as clearinghouse participants 

than individual service providers, 

particularly in advance of known 

auction winners? Should the Bureau 

take a different approach, such as 

combining categories of stakeholders? 

Given that each licensee, regardless of 

size or location, must pay a pro rata 

share of the relocation costs, is there a 

need for separate representation of small 

and rural businesses and if so, on what 

basis? Are there any other entities that 

should be included in the search 

committee? 

The Bureau also seeks comment on 

the optimal number of members to 

include on the search committee. As 

noted above, the 3.7 GHz search 

committee was composed of nine 

members. As the Commission noted, 

compared to the 3.7 GHz band 

transition, however, the incumbent 

relocation in the 3.45 GHz band 

presents a less complex and costly 

process, with only two incumbents to be 

relocated at an estimated cost of $3.1 

million. In light of the relatively simpler 

relocation process involved here, is a 

nine-member search committee 

warranted or necessary? Would a 

smaller committee size suffice and 

perhaps be more efficient here? For 

example, would it be sufficient to have 

three members here—one representing 

the relocating incumbents, one 

representing the wireless industry, and 

one representing other prospective 

bidders in the band? If not, what other 

interests or combinations of interests 

should be included? 

Consistent with the 3.7 GHz 

proceeding, the Bureau proposes that 

after it releases a public notice 

announcing the entities that will 

comprise the search committee, each 

selected search committee entity would 

nominate one individual to serve on the 

search committee. The Bureau seeks 

comment on this proposal and any 

alternatives. Further, as in the 3.7 GHz 

proceeding, the Bureau proposes that 

the search committee would proceed by 

consensus, but if a vote on the selection 

of a clearinghouse is required, it would 

be by a majority vote. The Bureau also 

proposes that the search committee be 

composed of an odd number of 

representatives to prevent deadlock. The 

Bureau seeks comment on these 

proposals. 

In the 3.7 GHz proceeding, the 

Commission directed the search 

committee to notify the Commission of 

the detailed selection criteria for the 

position of clearinghouse, consistent 

with the qualifications, roles, and duties 

of the Clearinghouse. The Commission 

also asked the search committee to 

ensure that the Clearinghouse meets 

relevant best practices and standards in 

its operation to ensure an effective and 

efficient transition. Consistent with this 

requirement, the 3.7 GHz band search 

committee submitted to the Commission 

a Request for Proposal that detailed the 

selection criteria and instructions for 

filing proposals for the 3.7 GHz band 

clearinghouse. The Bureau proposes 

that the search committee in the 3.45 

GHz Service also submit to the Bureau 

detailed selection criteria for the role of 

Clearinghouse; such selection criteria 

must be consistent with the 3.45 GHz 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / Proposed Rules 51337 

Band Second R&O and the 

Commission’s rules. Should the Bureau 

include more specific requirements for 

the search committee’s selection 

criteria? If so, what selection criteria are 

appropriate here? Further, should the 

search committee provide copies of the 

proposals or applications submitted to it 

by the potential Clearinghouse 

applicants? What oversight role by the 

Bureau is appropriate to ensure proper 

performance of the search committee 

and ultimately the entity that is selected 

as the Clearinghouse? The Bureau seeks 

comment on these issues. 

The Bureau notes that, in the 3.7 GHz 

proceeding, the Commission instructed 

the search committee to impose a series 

of specific requirements on the 

Clearinghouse’s work in administering 

the transition, e.g., to (1) engage in 

strategic planning and adopt goals and 

metrics to evaluate its performance, (2) 

adopt internal controls for its 

operations, (3) use enterprise risk 

management practices, and (4) use best 

practices to protect against improper 

payments and to prevent fraud, waste, 

and abuse in its handling of funds. The 

Commission did not impose those 

requirements for this transition. The 

comparatively smaller size and lower 

level of complexity of the 3.45 GHz 

transition may mean imposing similar 

requirements on the 3.45 GHz 

Clearinghouse is unnecessary. The 

Bureau seeks comment on whether it 

should direct the search committee to 

require the Clearinghouse to fulfill some 

or all of these requirements. Are there 

alternate requirements we should direct 

the search committee to require? To 

what extent should the Bureau 

supervise the compliance with any such 

requirements? 

In addition, we seek comment on the 

necessity of the search committee 

releasing a formal Request for Proposal 

here or whether a less formal selection 

process may be appropriate for the 

relocation process anticipated in the 

3.45 GHz band. The Bureau seeks 

comment on any alternative proposals 

for the search committee to select the 

Clearinghouse, as long as any such 

alternatives are consistent with 3.45 

GHz Band Second R&O and related 

rules. The Bureau also seeks comment 

on any other ways in which to tailor the 

Clearinghouse search committee process 

to the unique circumstances of the 3.45 

GHz band. 

Finally, the Bureau notes that the 

Commission’s Prohibited 

Communications rules are in effect for 

this proceeding, and reminds interested 

parties to be mindful of these rules 

when speaking publicly about this 

proceeding, including through the filing 

of comments in response to this 

document. 

Lists of Subjects in 47 CFR Parts 1, 2, 

and 27 

Administrative practice and 

procedure, Common carriers, 

Communications common carriers, 

Telecommunications, Wireless 

communication services. 

Federal Communications Commission. 

Amy Brett, 

Acting Chief of Staff, Wireless 

Telecommunications Bureau. 

[FR Doc. 2021–18585 Filed 9–14–21; 8:45 am] 

BILLING CODE 6712–01–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS