Wireless Telecommunications Bureau Opens Docket To Seek Comment on DISH Network Corporation's Petition for Waiver and Request for Extension of Time, 59633-59635 [2013-23647]

Download as PDF Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Proposed Rules number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. FOR FURTHER INFORMATION CONTACT: Kirk Malstrom, Regulations Development Branch, 703–787–1751, kirk.malstrom@bsee.gov. SUPPLEMENTARY INFORMATION: The BSEE published a proposed rulemaking on production safety systems on August 22, 2013 (78 FR 52240). The proposed rule would amend and update the regulations regarding oil and natural gas production by addressing issues such as: safety and pollution prevention equipment lifecycle analysis, production safety systems, subsurface safety devices, and safety device testing. The proposed rule would differentiate the requirements for operating dry tree and subsea tree production systems on the Outer Continental Shelf (OCS) and divide the current subpart H into multiple sections to make the regulations easier to read and understand. Upon publication of the proposed rule, BSEE received a number of requests from multiple oil and gas companies and industry groups asking BSEE to extend the comment period on the proposed rule. Accordingly, to provide additional time for review of and comment on the proposed rule, BSEE is extending its original 60-day comment period by an additional 45 days. Dated: September 19, 2013. Tommy P. Beaudreau, Acting Assistant Secretary, Land and Minerals Management. [FR Doc. 2013–23520 Filed 9–26–13; 8:45 am] BILLING CODE 4810–VH–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 27 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 [WT Docket No. 13–225; DA 13–1877] Wireless Telecommunications Bureau Opens Docket To Seek Comment on DISH Network Corporation’s Petition for Waiver and Request for Extension of Time Federal Communications Commission. ACTION: Proposed rule. AGENCY: VerDate Mar<15>2010 13:45 Sep 26, 2013 Jkt 229001 In this document, the Commission announces the opening of WT Docket No. 13–225 and seeks comment on a Petition for Waiver and Request for Extension of time filed by DISH Network Corporation (DISH Request), which would enable more flexibility that would serve and promote the underlying objectives of the Commission to utilize all of the AWS– 4 spectrum more robustly. DATES: Submit comments on or before September 30, 2013. Submit reply comments on or before October 10, 2013. ADDRESSES: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. You may submit comments, identified by WT Docket No. 13–225, DA 13–1877, 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 email: FCC504@fcc.gov or phone: (202) 418–0530 or TTY: (202) 418–0432. • Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW., CY– A257, Washington, DC, 20554. These documents will also be available via ECFS. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. 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: Matthew Pearl, Broadband Division, Wireless Telecommunications Bureau, at (202) 418–2607 or by email at Matthew.Pearl@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s public notice released on September 13, 2013, DA 13–1877, that announced the opening of WT Docket No. 13–225 and that the Commission is seeking comment on a Petition for Waiver and Request Extension of Time filed by DISH Network Corporation (‘‘DISH Request’’). Copies of the DISH Request and any subsequently-filed documents SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 59633 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. The DISH Request and any associated 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 complete text is also available on the Commission’s Web site at https:// hraunfoss.fcc.gov/edocs_public/ attachmatch/DA-13-1877A1.docx. Alternative formats (computer diskette, large print, audio cassette, and Braille) are available by contacting Brian Millin at (202) 418–7426, TTY (202) 418–7365, or via email to bmillin@fcc.gov. Summary 1. On September 9, 2013, the DISH Network Corporation, on behalf of its wholly-owned subsidiaries, Gamma Acquisition LLC and New DBSD Satellite Services G.P. (collectively, DISH), filed a Petition for Waiver and a Request for Extension of Time (DISH Request) with the Wireless Telecommunications Bureau (Bureau). DISH filed its pleading as an attachment in the Universal Licensing System (ULS) to all of the AWS–4 licenses held by its wholly-owned subsidiaries, Gamma Acquisition LLC (Call Signs T060430001–T060430176) and New DBSD Satellite Services G.P. (Call Signs T070272001–T070272176). Specifically, DISH requests waiver of certain technical rules for the 2 GHz band at 2000–2020 MHz and 2180–2200 MHz (AWS–4 band) to permit operational flexibility to use the lower AWS–4 block, 2000–2020 MHz, currently designated as an uplink band, for either uplink or downlink operations. Pursuant to §§ 1.3 and 1.925(b)(3)(i) of the Commission’s rules, DISH seeks a waiver of § 27.5(j), which sets forth pairing requirements for AWS–4, and § 27.53(h)(2)(ii), which imposes out-ofband emission limits for AWS–4 operations in the 2000–2020 MHz band, as well as other technical AWS–4 rules ‘‘to the extent required.’’ DISH Request at 2 & n.2, 6 & n.11, 9–12. See 47 CFR 27.5(j), 27.53(h)(2)(ii); see also Service Rules for Advanced Wireless Services in the 2000–2020 MHz and 2180–2200 MHz Bands, WT Docket Nos. 12–70, 04– 356, ET Docket No. 10–142, Report and Order and Order of Proposed Modification, 27 FCC Rcd 16102 (2012) (AWS–4 Report and Order), recon. pending. In addition, DISH requests an E:\FR\FM\27SEP1.SGM 27SEP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 59634 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Proposed Rules extension of the final build-out requirement for each of the AWS–4 licenses. Pursuant to § 1.946(e) of the Commission’s rules, DISH requests a one-year extension of the final construction requirement set forth for AWS–4 licenses in § 27.14(q). See 47 CFR 27.14(q). The purpose of this public notice is to announce the opening of a docket, WT Docket No. 13–225, to seek comment on DISH’s request and to establish the ex parte status of discussions related to the Petition for Waiver and Request for Extension of Time. 2. DISH, which is also the Mobile Satellite Service licensee in the 2000– 2020 and 2180–2200 MHz bands, asserts that ‘‘[g]rant of the requested flexibility will serve and promote the underlying objectives of the Commission’s AWS–4 rules by enabling DISH to utilize all of the AWS–4 spectrum more robustly and by improving the extent to which the AWS–4 band coexists with future licensees in the adjacent H and J Blocks.’’ See Service Rules for Advanced Wireless Services H Block— Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the 1915–1920 MHz and 1995–2000 MHz Bands, WT Docket No. 12–357, Report and Order, 28 FCC Rcd 9483 (2013) (H Block Report and Order); Amendment of the Commission’s Rules with Regard to Commercial Operations in the 1695– 1710 MHz, 1755–1780 MHz, and 2155– 2180 MHz Bands; GN Docket No. 13– 185, Notice of Proposed Rulemaking, FCC 13–102, rel. July 23, 2013 (AWS–3 NPRM). DISH further states that grant of such operational flexibility will permit AWS–4 operations in the 2000–2020 MHz block to be harmonized with operations in the adjacent PCS band, and H and J Blocks, thus potentially providing up to 30 megahertz of contiguous downlink spectrum. If the requested relief is granted, DISH commits to file, ‘‘as soon as commercially practicable but no later than 30 months after the grant of [its] petition . . . an election with the Commission stating whether it will deploy the 2000–2020 MHz band for downlink or uplink use.’’ 3. With regard to its request for extension, DISH asserts that a one-year extension of the final build-out requirement for AWS–4 is ‘‘necessary for DISH to update its network and device planning to accommodate the requested flexibility.’’ Among other things, DISH states that it will need to ‘‘initiate work for a new standard from the 3rd Generation Partnership Project (‘‘3GPP’’)[,] . . . restart work to design devices and base stations, and make VerDate Mar<15>2010 13:45 Sep 26, 2013 Jkt 229001 substantial changes to its network planning.’’ Procedural Matters Ex Parte Presentations—Permit-ButDisclose Proceeding 4. This matter shall be treated as a ‘‘permit-but-disclose’’ proceeding in accordance with the 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 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. Comment Period and Filing Procedures 5. To allow the Commission to consider fully all substantive issues regarding the DISH Request in as timely and efficient a manner as possible, commenters should raise all issues in their initial filings. New issues may not be raised in responses or replies. A party or interested person seeking to raise a new issue after the pleading PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 cycle has closed must show good cause why it was not possible for it to have raised the issue previously. Submissions after the pleading cycle has closed that seek to raise new issues based on new facts or newly discovered facts should be filed within 15 days after such facts are discovered. Absent such a showing of good cause, any issues not timely raised may be disregarded by the Commission. 6. Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https:// fjallfoss.fcc.gov/ecfs2/. • For ECFS filers, in completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet email. To get filing instructions for email comments, commenters should send an email 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. • Paper Filers: the original and one copy 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. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. • All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW–A325, Washington, DC 20554. 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 firstclass, Express, and Priority mail should be addressed to 445 12th Street SW., Washington, DC 20554. All filings must E:\FR\FM\27SEP1.SGM 27SEP1 Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Proposed Rules be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. • One copy of each pleading must be delivered electronically, by email 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: (1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., at fcc@bcpiweb.com or (202) 488–5563 (facsimile); and (2) Matthew Pearl, Broadband Division, WTB, at Matthew.Pearl@fcc.gov or (202) 418–7247 (facsimile). Any submission that is emailed to Best Copy and Printing should include in the subject line of the email: (1) The docket number of this proceeding, which is listed on the first page of this public notice; (2) the name of the submitting party; and (3) a brief description or title identifying the type of document being submitted (e.g., WT Docket No. 13–225, [name of submitting party], Notice of Ex Parte Communication). • 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). • Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW., CY– A257, Washington, DC, 20554. These documents will also be available via ECFS. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Federal Communications Commission Blaise A. Scinto, Chief, Broadband Division, Wireless Telecommunications Bureau. [FR Doc. 2013–23647 Filed 9–26–13; 8:45 am] BILLING CODE 6712–01–P VerDate Mar<15>2010 13:45 Sep 26, 2013 Jkt 229001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130312236–3236–01] RIN 0648–BD05 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern Atlantic States; Amendment 27 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes regulations to implement Amendment 27 (Amendment 27) to the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council). If implemented, Amendment 27 and this rule would extend the South Atlantic Council’s management responsibility for Nassau grouper into the Gulf of Mexico (Gulf) exclusive economic zone (EEZ); increase the number of allowable crew members to four on dual-permitted snapper-grouper vessels (i.e., vessels holding a South Atlantic Charter Vessel/Headboat Permit for Snapper-Grouper and a South Atlantic Unlimited or a 225-Pound Trip Limit Snapper-Grouper Permit) that are fishing commercially; remove the prohibition on retaining any fish under the aggregate bag limit for grouper and tilefish or the vermilion snapper bag limit by captain and crew of federally permitted for-hire vessels; modify the snapper-grouper framework procedures to allow acceptable biological catch levels (ABCs), annual catch limits (ACLs), and annual catch targets (ACTs) to be adjusted via an abbreviated framework process; and remove blue runner from the FMP. The purpose of this rule is to streamline management of Nassau grouper, improve vessel safety for dual-permitted vessels, implement consistent regulations regarding captain and crew retention limits for snappergrouper species, expedite adjustments to snapper-grouper catch limits when new scientific information becomes available, and minimize socio-economic impacts to fishermen who harvest and sell blue runner. DATES: Written comments must be received on or before October 28, 2013. SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 59635 You may submit comments on the proposed rule, identified by ‘‘NOAA–NMFS–2013–0085’’ by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA–NMFS–2013– 0085, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Kate Michie, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Electronic copies of Amendment 27, which includes an environmental assessment, an initial regulatory flexibility analysis (IRFA) and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at https:// sero.nmfs.noaa.gov. ADDRESSES: Kate Michie, telephone: 727–824–5305, or email: kate.michie@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the FMP. The FMP was prepared by the South Atlantic Council and is implemented through regulations at 50 CFR part 622 under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). FOR FURTHER INFORMATION CONTACT: Background The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, E:\FR\FM\27SEP1.SGM 27SEP1

Agencies

[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Proposed Rules]
[Pages 59633-59635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23647]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 27

[WT Docket No. 13-225; DA 13-1877]


Wireless Telecommunications Bureau Opens Docket To Seek Comment 
on DISH Network Corporation's Petition for Waiver and Request for 
Extension of Time

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission announces the opening of WT 
Docket No. 13-225 and seeks comment on a Petition for Waiver and 
Request for Extension of time filed by DISH Network Corporation (DISH 
Request), which would enable more flexibility that would serve and 
promote the underlying objectives of the Commission to utilize all of 
the AWS-4 spectrum more robustly.

DATES: Submit comments on or before September 30, 2013. Submit reply 
comments on or before October 10, 2013.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554. You may submit comments, identified by WT Docket 
No. 13-225, DA 13-1877, 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 email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
     Availability of Documents. Comments, reply comments, and 
ex parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW., CY-A257, Washington, 
DC, 20554. These documents will also be available via ECFS. Documents 
will be available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat.
    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: Matthew Pearl, Broadband Division, 
Wireless Telecommunications Bureau, at (202) 418-2607 or by email at 
Matthew.Pearl@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice released on September 13, 2013, DA 13-1877, that announced the 
opening of WT Docket No. 13-225 and that the Commission is seeking 
comment on a Petition for Waiver and Request Extension of Time filed by 
DISH Network Corporation (``DISH Request''). Copies of the DISH Request 
and any subsequently-filed documents 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. The 
DISH Request and any associated 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 complete text is 
also available on the Commission's Web site at https://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-1877A1.docx. 
Alternative formats (computer diskette, large print, audio cassette, 
and Braille) are available by contacting Brian Millin at (202) 418-
7426, TTY (202) 418-7365, or via email to bmillin@fcc.gov.

Summary

    1. On September 9, 2013, the DISH Network Corporation, on behalf of 
its wholly-owned subsidiaries, Gamma Acquisition LLC and New DBSD 
Satellite Services G.P. (collectively, DISH), filed a Petition for 
Waiver and a Request for Extension of Time (DISH Request) with the 
Wireless Telecommunications Bureau (Bureau). DISH filed its pleading as 
an attachment in the Universal Licensing System (ULS) to all of the 
AWS-4 licenses held by its wholly-owned subsidiaries, Gamma Acquisition 
LLC (Call Signs T060430001-T060430176) and New DBSD Satellite Services 
G.P. (Call Signs T070272001-T070272176). Specifically, DISH requests 
waiver of certain technical rules for the 2 GHz band at 2000-2020 MHz 
and 2180-2200 MHz (AWS-4 band) to permit operational flexibility to use 
the lower AWS-4 block, 2000-2020 MHz, currently designated as an uplink 
band, for either uplink or downlink operations. Pursuant to Sec. Sec.  
1.3 and 1.925(b)(3)(i) of the Commission's rules, DISH seeks a waiver 
of Sec.  27.5(j), which sets forth pairing requirements for AWS-4, and 
Sec.  27.53(h)(2)(ii), which imposes out-of-band emission limits for 
AWS-4 operations in the 2000-2020 MHz band, as well as other technical 
AWS-4 rules ``to the extent required.'' DISH Request at 2 & n.2, 6 & 
n.11, 9-12. See 47 CFR 27.5(j), 27.53(h)(2)(ii); see also Service Rules 
for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz 
Bands, WT Docket Nos. 12-70, 04-356, ET Docket No. 10-142, Report and 
Order and Order of Proposed Modification, 27 FCC Rcd 16102 (2012) (AWS-
4 Report and Order), recon. pending. In addition, DISH requests an

[[Page 59634]]

extension of the final build-out requirement for each of the AWS-4 
licenses. Pursuant to Sec.  1.946(e) of the Commission's rules, DISH 
requests a one-year extension of the final construction requirement set 
forth for AWS-4 licenses in Sec.  27.14(q). See 47 CFR 27.14(q). The 
purpose of this public notice is to announce the opening of a docket, 
WT Docket No. 13-225, to seek comment on DISH's request and to 
establish the ex parte status of discussions related to the Petition 
for Waiver and Request for Extension of Time.
    2. DISH, which is also the Mobile Satellite Service licensee in the 
2000-2020 and 2180-2200 MHz bands, asserts that ``[g]rant of the 
requested flexibility will serve and promote the underlying objectives 
of the Commission's AWS-4 rules by enabling DISH to utilize all of the 
AWS-4 spectrum more robustly and by improving the extent to which the 
AWS-4 band coexists with future licensees in the adjacent H and J 
Blocks.'' See Service Rules for Advanced Wireless Services H Block--
Implementing Section 6401 of the Middle Class Tax Relief and Job 
Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz 
Bands, WT Docket No. 12-357, Report and Order, 28 FCC Rcd 9483 (2013) 
(H Block Report and Order); Amendment of the Commission's Rules with 
Regard to Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, 
and 2155-2180 MHz Bands; GN Docket No. 13-185, Notice of Proposed 
Rulemaking, FCC 13-102, rel. July 23, 2013 (AWS-3 NPRM). DISH further 
states that grant of such operational flexibility will permit AWS-4 
operations in the 2000-2020 MHz block to be harmonized with operations 
in the adjacent PCS band, and H and J Blocks, thus potentially 
providing up to 30 megahertz of contiguous downlink spectrum. If the 
requested relief is granted, DISH commits to file, ``as soon as 
commercially practicable but no later than 30 months after the grant of 
[its] petition . . . an election with the Commission stating whether it 
will deploy the 2000-2020 MHz band for downlink or uplink use.''
    3. With regard to its request for extension, DISH asserts that a 
one-year extension of the final build-out requirement for AWS-4 is 
``necessary for DISH to update its network and device planning to 
accommodate the requested flexibility.'' Among other things, DISH 
states that it will need to ``initiate work for a new standard from the 
3rd Generation Partnership Project (``3GPP'')[,] . . . restart work to 
design devices and base stations, and make substantial changes to its 
network planning.''

Procedural Matters

Ex Parte Presentations--Permit-But-Disclose Proceeding

    4. This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the 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 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 Sec.  
1.1206(b). In proceedings governed by rule Sec.  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.

Comment Period and Filing Procedures

    5. To allow the Commission to consider fully all substantive issues 
regarding the DISH Request in as timely and efficient a manner as 
possible, commenters should raise all issues in their initial filings. 
New issues may not be raised in responses or replies. A party or 
interested person seeking to raise a new issue after the pleading cycle 
has closed must show good cause why it was not possible for it to have 
raised the issue previously. Submissions after the pleading cycle has 
closed that seek to raise new issues based on new facts or newly 
discovered facts should be filed within 15 days after such facts are 
discovered. Absent such a showing of good cause, any issues not timely 
raised may be disregarded by the Commission.
    6. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
     For ECFS filers, in completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket number. Parties may also submit an 
electronic comment by Internet email. To get filing instructions for 
email comments, commenters should send an email 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.
     Paper Filers: the original and one copy 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. All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. 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, 
Express, and Priority mail should be addressed to 445 12th Street SW., 
Washington, DC 20554. All filings must

[[Page 59635]]

be addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission, 445 12th Street SW., Washington, DC 
20554.
     One copy of each pleading must be delivered 
electronically, by email 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: (1) The Commission's 
duplicating contractor, Best Copy and Printing, Inc., at 
fcc@bcpiweb.com or (202) 488-5563 (facsimile); and (2) Matthew Pearl, 
Broadband Division, WTB, at Matthew.Pearl@fcc.gov or (202) 418-7247 
(facsimile). Any submission that is emailed to Best Copy and Printing 
should include in the subject line of the email: (1) The docket number 
of this proceeding, which is listed on the first page of this public 
notice; (2) the name of the submitting party; and (3) a brief 
description or title identifying the type of document being submitted 
(e.g., WT Docket No. 13-225, [name of submitting party], Notice of Ex 
Parte Communication).
     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).
     Availability of Documents. Comments, reply comments, and 
ex parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW., CY-A257, Washington, 
DC, 20554.
    These documents will also be available via ECFS. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat.

Federal Communications Commission
Blaise A. Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2013-23647 Filed 9-26-13; 8:45 am]
BILLING CODE 6712-01-P
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