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, 38162-38164 [E6-10370]
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38162
Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Notices
(c) The station records shall be
maintained for inspection at a
residence, office, or public building,
place of business, or other suitable
place, in one of the communities of
license of the translator or booster,
except that the station records of a
booster or translator licensed to the
licensee of the primary station may be
kept at the same place where the
primary station records are kept. The
name of the person keeping station
records, together with the address of the
place where the records are kept, shall
be posted in accordance with
§ 74.1265(b) of the rules. The station
records shall be made available upon
request to any authorized representative
of the Commission.
(d) Station logs and records shall be
retained for a period of two years. 47
CFR 78.69 requires each licensee of a
CARS station shall maintain records
showing the following:
(a) For all attended or remotely
controlled stations, the date and time of
the beginning and end of each period of
transmission of each channel;
(b) For all stations, the date and time
of any unscheduled interruptions to the
transmissions of the station, the
duration of such interruptions, and the
causes thereof;
(c) For all stations, the results and
dates of the frequency measurements
made pursuant to § 78.113 and the name
of the person or persons making the
measurements;
(d) For all stations, when service or
maintenance duties are performed,
which may affect a station’s proper
operation, the responsible operator shall
sign and date an entry in the station’s
records, giving:
(1) Pertinent details of all transmitter
adjustments performed by the operator
or under the operator’s supervision.
(e) When a station in this service has
an antenna structure which is required
to be illuminated, appropriate entries
shall be made as follows:
(1) The time the tower lights are
turned on and off each day, if manually
controlled.
(2) The time the daily check of proper
operation of the tower lights was made,
if an automatic alarm system is not
employed.
(3) In the event of any observed or
otherwise known failure of a tower
light:
(i) Nature of such failure.
(ii) Date and time the failure was
observed or otherwise noted.
(iii) Date, time, and nature of the
adjustments, repairs, or replacements
made.
(iv) Identification of Flight Service
Station (Federal Aviation
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Administration) notified of the failure of
any code or rotating beacon light not
corrected within 30 minutes, and the
date and time such notice was given.
(v) Date and time notice was given to
the Flight Service Station (Federal
Aviation Administration) that the
required illumination was resumed.
(4) Upon completion of the 3-month
periodic inspection required by
§ 78.63(c):
(i) The date of the inspection and the
condition of all tower lights and
associated tower lighting control
devices, indicators, and alarm systems.
(ii) Any adjustments, replacements, or
repairs made to insure compliance with
the lighting requirements and the date
such adjustments, replacements, or
repairs were made.
(f) For all stations, station record
entries shall be made in an orderly and
legible manner by the person or persons
competent to do so, having actual
knowledge of the facts required, who
shall sign the station record when
starting duty and again when going off
duty.
(g) For all stations, no station record
or portion thereof shall be erased,
obliterated, or willfully destroyed
within the period of retention required
by rule. Any necessary correction may
be made only by the person who made
the original entry who shall strike out
the erroneous portion, initial the
correction made, and show the date the
correction was made.
(h) For all stations, station records
shall be retained for a period of not less
than 2 years. The Commission reserves
the right to order retention of station
records for a longer period of time. In
cases where the licensee or permittee
has notice of any claim or complaint,
the station record shall be retained until
such claim or complaint has been fully
satisfied or until the same has been
barred by statute limiting the time for
filing of suits upon such claims.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 06–5824 Filed 7–3–06; 8:45 am]
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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
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
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
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Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Notices
rwilkins on PROD1PC63 with NOTICES
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 email 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
https://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
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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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 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-toEarth 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
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
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38163
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
calendar days of the selection date. See 47 CFR
27.1166.
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Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Notices
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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.
• If filed by ECFS,7 comments shall be
sent as an electronic file via the Internet
to https://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
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).
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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19:34 Jul 03, 2006
Jkt 205001
following words in the body of the
message, ‘‘get form .’’ 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, 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-butdisclose 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 § 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
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Sfmt 4703
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
FEDERAL DEPOSIT INSURANCE
CORPORATION
Sunshine Act Meeting; Notice of
Agency Meeting
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
the Federal Deposit Insurance
Corporation’s Board of Directors will
meet in open session at 10 a.m. on
Tuesday, July 11, 2006, to consider the
following matters:
Summary Agenda: No substantive
discussion of the following items is
anticipated. These matters will be
resolved with a single vote unless a
member of the Board of Directors
requests that an item be moved to the
discussion agenda.
Disposition of minutes of previous
Board of Directors’ meetings.
Summary reports, status reports, and
reports of actions taken pursuant to
authority delegated by the Board of
Directors.
Memorandum and resolution re:
Proposed Amendment to Part 308
Increasing Fees for Late Assessment
Penalties.
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[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Notices]
[Pages 38162-38164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10370]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://
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 https://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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 38164]]
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 https://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