Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 31704-31706 [2020-10167]
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Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Rules and Regulations
(g) Advance directives—(1) General.
To the extent consistent with applicable
Federal law, VA policy, and generally
accepted standards of medical practice,
VA will follow the wishes of a patient
expressed in a valid advance directive
when the practitioner determines and
documents in the patient’s health record
that the patient lacks decision-making
capacity and is unlikely to regain it
within a reasonable period of time. An
advance directive that is valid in one or
more states under applicable law,
including a mental health (or
psychiatric) advance directive, a valid
Department of Defense advance medical
directive, or a valid VA Advance
Directive will be recognized throughout
the VA health care system, except for
components therein that are
inconsistent with applicable Federal
law, VA policy, or generally accepted
standards of medical practice.
(2) Signing and witness requirements.
(i) A VA Advance Directive must be
signed by the patient. If the patient is
unable to sign a VA Advance Directive
due to a physical impairment, the
patient may sign the advance directive
form with an ‘‘X’’, thumbprint, or
stamp. In the alternative, the patient
may designate a third party to sign the
directive at the direction of the patient
and in the presence of the patient.
(ii) In all cases, a VA Advance
Directive must be signed by the patient
in the presence of both witnesses.
Witnesses to the patient’s signing of an
advance directive are attesting by their
signatures only to the fact that they saw
the patient or designated third party
sign the VA Advance Directive form.
Neither witness may, to the witness’
knowledge, be named as a beneficiary in
the patient’s estate, appointed as health
care agent in the advance directive, or
financially responsible for the patient’s
care. Nor may a witness be the
designated third party who has signed
the VA Advance Directive form at the
direction of the patient and in the
patient’s presence.
(3) Instructions in critical situations.
In certain situations, a patient with
decision-making capacity may present
for care when critically ill and loss of
decision-making capacity is imminent.
In such situations, VA will document
the patient’s unambiguous verbal or
non-verbal instructions regarding
preferences for future health care
decisions. These instructions will be
honored and given effect should the
patient lose decision-making capacity
before being able to complete a new
advance directive. The patient’s
instructions must have been expressed
to at least two members of the health
care team. To confirm that the verbal or
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non-verbal instructions of the patient
are, in fact, unambiguous, the substance
of the patient’s instructions and the
names of at least two members of the
health care team to whom they were
expressed must be entered in the
patient’s electronic health record.
(4) Revocation. A patient who has
decision-making capacity may revoke an
advance directive or instructions in a
critical situation at any time by using
any means expressing the intent to
revoke.
(5) VA policy and disputes. Neither
the treatment team nor surrogate may
override a patient’s clear instructions in
an advance directive or in instructions
given in a critical situation, except that
those portions of an advance directive
or instructions given in a critical
situation that are not consistent with
applicable Federal law, VA policy, or
generally accepted standards of medical
practice will not be given effect.
(The information collection
requirements in this section have been
approved by the Office of Management
and Budget under control number 2900–
0556)
[FR Doc. 2020–10264 Filed 5–26–20; 8:45 am]
BILLING CODE 8320–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[GN Docket No. 18–122; FCC 20–22; FRS
16735]
Expanding Flexible Use of the 3.7 to
4.2 GHz Band
Federal Communications
Commission.
ACTION: Final rule; announcement of
compliance date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved the information collection
requirements associated with the
eligible space station operator
accelerated relocation election, eligible
space station operator transition plan,
and incumbent earth station lump sum
payment election rules adopted in the
Federal Communications Commission’s
(Commission) 3.7 GHz Report and
Order, FCC 20–22, and that compliance
with the new rules is now required.
This document is consistent with the
3.7 GHz Report and Order, FCC 20–22,
which states that the Commission will
publish a document in the Federal
Register announcing a compliance date
for the new rule sections and revise the
Commission’s rules accordingly.
SUMMARY:
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Compliance date: Compliance
with 47 CFR 27.1412(c) introductory
text, (c)(2), 27.1412(d) introductory text
and (d)(1), and 27.1419, published at 85
FR 22804 on April 23, 2020, is required
on May 27, 2020.
FOR FURTHER INFORMATION CONTACT:
Anna Gentry, Mobility Division,
Wireless Telecommunications Bureau,
at (202) 418–7769 or Anna.Gentry@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that OMB
approved the information collection
requirements in §§ 47 CFR 27.1412(c)
introductory text, (c)(2), 27.1412(d)
introductory text and (d)(1), and
27.1419, on May 5, 2020. These rules
were adopted in the 3.7 GHz Report and
Order, FCC 20–22, published at
published at 85 FR 22804 on April 23,
2020. The Commission publishes this
document as an announcement of the
compliance date of these new rules.
OMB approval for all other new or
amended rules for which OMB approval
is required will be requested, and
compliance is not yet required for those
rules. Compliance with all new or
amended rules adopted in the 3.7 GHz
Report and Order that do not require
OMB approval will be required as of
June 22, 2020, see 85 FR 22804 (Apr. 23,
2020).
If you have any comments on the
burden estimates listed below, or how
the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street, SW, Washington, DC 20554,
regarding OMB Control Number 3060–
1272. Please include the OMB Control
Number in your correspondence. The
Commission will also accept your
comments via email at PRA@fcc.gov.
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 and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
DATES:
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received final OMB approval on
May 5, 2020, for the information
collection requirements contained in
§§ 47 CFR 27.1412(c) introductory text,
(c)(2), 27.1412(d) introductory text and
(d)(1), and 27.1419. Under 5 CFR part
1320, an agency may not conduct or
sponsor a collection of information
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Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Rules and Regulations
unless it displays a current, valid OMB
Control Number. No person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the Paperwork Reduction Act
that does not display a current, valid
OMB Control Number. The OMB
Control Number for the information
collection requirements in §§ 27.1412(c)
introductory text, (c)(2), 27.1412(d)
introductory text and (d)(1), and
27.1419, is 3060–1272. The foregoing
notice is required by the Paperwork
Reduction Act of 1995, Public Law 104–
13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1272.
OMB Approval Date: May 5, 2020.
OMB Expiration Date: November 30,
2020.
Title: 3.7 GHz Band Space Station
Operator Accelerated Relocation
Elections and Transition Plans; 3.7 GHz
Band Incumbent Earth Station Lump
Sum Payment Elections.
Form Number: N/A.
Respondents: Business or other for
profit entities.
Number of Respondents and
Responses: 3,010 respondents; 3,010
responses.
Estimated Time per Response: 16
hours per eligible space station
accelerated relocation election; 80–600
hours per eligible space station
transition plan; 32 hours per incumbent
earth station lump sum payment
election.
Frequency of Response: One-time
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in sections 1, 2, 4(i), 4(j),
5(c), 201, 302, 303, 304, 307(e), and 309
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
154(j), 155(c), 201, 302, 303, 304, 307(e),
309.
Total Annual Burden: 109,680 hours.
Total Annual Cost: $900,000.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
The information collected under this
collection will be made publicly
available, however, to the extent
information submitted pursuant to this
information collection is determined to
be confidential, it will be protected by
the Commission. If a respondent seeks
to have information collected pursuant
to this information collection withheld
from public inspection, the respondent
may request confidential treatment
pursuant to section 0.459 of the
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Commission’s rules for such
information. See 47 CFR 0.459.
Needs and Uses: On February 28,
2020, in furtherance of the goal of
releasing more mid-band spectrum into
the market to support and enable nextgeneration wireless networks, the
Federal Communications Commission
(Commission) adopted the 3.7 GHz
Report and Order, FCC 20–22, in which
it reformed the use of the 3.7–4.2 GHz
band, also known as the C-Band. The
3.7 GHz-4.2 GHz band currently is
allocated in the United States
exclusively for non-Federal use on a
primary basis for Fixed Satellite Service
(FSS) and Fixed Service. Domestically,
space station operators use the 3.7–4.2
GHz band to provide downlink signals
of various bandwidths to licensed
transmit-receive, registered receiveonly, and unregistered receive-only
earth stations throughout the United
States. The 3.7 GHz Report and Order
calls for the relocation of existing FSS
operations in the band into the upper
200 megahertz of the band (4.0–4.2 GHz)
and making the lower 280 megahertz
(3.7–3.98 GHz) available for flexible-use
throughout the contiguous United States
through a Commission-administered
public auction of overlay licenses that is
scheduled to occur later this year, with
the 20 megahertz from 3.98–4.0 GHz
reserved as a guard band.
The Commission adopted a robust
transition schedule to achieve an
expeditious relocation of FSS operations
and ensure that a significant amount of
spectrum is made available quickly for
next-generation wireless deployments,
while also ensuring effective
accommodation of relocated incumbent
users. The 3.7 GHz Report and Order
establishes a deadline of December 5,
2025, for full relocation to ensure that
all FSS operations are cleared in a
timely manner, but provides an
opportunity for accelerated clearing of
the band by allowing incumbent space
station operators, as defined in the 3.7
GHz Report and Order, to commit to
voluntarily relocate on a two-phased
accelerated schedule (with additional
obligations and incentives for such
operators), with a Phase I deadline of
December 5, 2021, and a Phase II
deadline of December 5, 2023.
The Commission concluded in the 3.7
GHz Report and Order that, before the
public auction of overlay licenses
commences, it is appropriate for
potential bidders to know when they
will get access to the spectrum in the
3.7–3.98 GHz band that is currently
occupied by incumbent FSS space
station operators and earth stations, as
defined in the 3.7 GHz Report and
Order, and to have an estimate of how
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much they may be required to pay for
incumbent relocation costs and
accelerated relocation payments should
they become overlay licensees, as
overlay licensees are required to pay for
the reasonable relocation costs of
incumbent space station and incumbent
earth station operators that are required
to clear the lower portion of the band.
Under this new information
collection, the Commission will collect
information that will be used by the
Commission to determine when, how,
and at what cost existing operations in
the lower portion of the 3.7–4.2 GHz
band will be relocated to the upper
portion of the band. Specifically, the
Commission collect the following
information from incumbents as
adopted in the 3.7 GHz Report and
Order:
Accelerated Relocation Elections
The Commission concluded in the 3.7
GHz Report and Order that overlay
licensees would only value accelerated
relocation if a significant majority of
incumbents are cleared in a timely
manner, and therefore determined that
at least 80% of accelerated relocation
payments must be accepted in order for
the Commission to accept accelerated
elections and require overlay licensees
to pay accelerated relocation payments.
The 3.7 GHz Report and Order calls for
an eligible space station operator, as
defined in the 3.7 GHz Report and
Order, that chooses to commit to clear
on the accelerated schedule in exchange
for accelerated relocation payments to
submit a written, public, irrevocable
accelerated relocation election with the
Commission by May 29, 2020, to permit
the Commission to determine whether
there are sufficient accelerated
relocation elections to trigger early
relocation and in turn provide bidders
with adequate certainty regarding the
clearing date and payment obligations
associated with each license well in
advance of the auction.
Transition Plans
The 3.7 GHz Report and Order
requires each eligible space station
operator to submit to the Commission
by June 12, 2020, and make available for
public review, a detailed transition plan
describing the necessary steps and
estimated costs for the eligible space
station operator to complete the
transition of existing operations in the
lower portion of the 3.7–4.2 GHz band
to the upper 200 megahertz of the band
and its individual timeline for doing so
consistent with the regular relocation
deadline or by the accelerated relocation
deadlines. An eligible space station
operator that elects to receive
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Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Rules and Regulations
accelerated relocation payments is
responsible for relocating all of its
associated incumbent earth stations and
must outline the details of such
relocation in the transition plan (unless
an incumbent earth station owner elects
to receive a lump sum payment and
assumes responsibility for transitioning
its own earth stations). Similarly, an
incumbent space station operator that
does not elect to receive accelerated
relocation payments but nevertheless
plans to assume responsibility for
relocating its own associated incumbent
earth stations must make that clear in its
transition plan.
Incumbent Earth Station Lump Sum
Payment Elections
The 3.7 GHz Report and Order
provides an incumbent earth station
operator with the option of accepting
reimbursement payments for its
reasonable relocation costs for the
transition, or opting out of the formal
relocation process and accepting a lump
sum reimbursement payment for all of
its incumbent earth stations based on
the average, estimated costs of
relocating all of their incumbent earth
stations in lieu of actual relocation
costs. The 3.7 GHz Report and Order
directs the Wireless
Telecommunications Bureau to
announce the lump sum that will be
available per incumbent earth station as
well as the process for electing lump
sum payments and requires that no later
than 30 days after this announcement,
an incumbent earth station operator that
wishes to receive a lump sum payment
make an irrevocable lump sum payment
election that will apply to all of its earth
stations in the contiguous United States.
This information collection will serve
as the starting point for planning and
managing the process of efficiently and
expeditiously clearing of the lower
portion of the band, so that this
spectrum can be auctioned for flexibleuse service licenses.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020–10167 Filed 5–26–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200325–0088; RTID 0648–
XX056]
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
2020 Closure of the Northern Gulf of
Maine Scallop Management Area to the
Limited Access General Category
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces the closure
of the Northern Gulf of Maine Scallop
Management Area for the remainder of
the 2020 fishing year for Limited Access
General Category vessels. Regulations
require this action once NMFS projects
that 100 percent of the Limited Access
General Category total allowable catch
for the Northern Gulf of Maine Scallop
Management Area will be harvested.
This action is intended to prevent the
overharvest of the 2020 total allowable
catch allocated to the Limited Access
General Category Fishery.
DATES: Effective 0001 hr local time, May
23, 2020, through March 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, (978) 282–8456.
SUPPLEMENTARY INFORMATION: The reader
can find regulations governing fishing
activity in the Northern Gulf of Maine
(NGOM) Scallop Management Area in
50 CFR 648.54 and 648.62. These
regulations authorize vessels issued a
valid Federal scallop permit to fish in
the NGOM Scallop Management Area
under specific conditions, including a
total allowable catch (TAC) of 206,282
lb (93,567 kg) for the Limited Access
General Category (LAGC) fleet for the
2020 fishing year, and a State Waters
Exemption Program for the State of
Maine and Commonwealth of
Massachusetts. Section 648.62(b)(2)
requires the NGOM Scallop
Management Area to be closed to
scallop vessels issued Federal LAGC
scallop permits, except as provided
below, for the remainder of the fishing
year once the NMFS Greater Atlantic
Regional Administrator determines that
100 percent of the LAGC TAC for the
fishing year is projected to be harvested.
Any vessel that holds a Federal NGOM
(LAGC B) or Individual Fishing Quota
SUMMARY:
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(IFQ) (LAGC A) permit may continue to
fish in the Maine or Massachusetts state
waters portion of the NGOM Scallop
Management Area under the State
Waters Exemption Program found in
§ 648.54 provided it has a valid Maine
or Massachusetts state scallop permit
and fishes only in that state’s respective
waters.
Based on trip declarations by
federally permitted LAGC scallop
vessels fishing in the NGOM Scallop
Management Area and analysis of
fishing effort, we project that the 2020
LAGC TAC will be harvested as of May
23, 2020. Therefore, in accordance with
§ 648.62(b)(2), the NGOM Scallop
Management Area is closed to all
federally permitted LAGC scallop
vessels as of May 23, 2020. As of this
date, no vessel issued a Federal LAGC
scallop permit may fish for, possess, or
land scallops in or from the NGOM
Scallop Management Area after 0001
local time, May 23, 2020, unless the
vessel is fishing exclusively in state
waters and is participating in an
approved state waters exemption
program as specified in § 648.54. Any
federally permitted LAGC scallop vessel
that has declared into the NGOM
Scallop Management Area, complied
with all trip notification and observer
requirements, and crossed the vessel
monitoring system demarcation line on
the way to the area before 0001, May 23,
2020, may complete its trip and land
scallops. This closure is in effect until
the end of the 2020 scallop fishing year,
through March 31, 2021. This closure
does not apply to the Limited Access
(LA) scallop fleet, which was allocated
a separate TAC of 140,000 lb (63,503 kg)
for the 2020 fishing year under
Framework Adjustment 32 to the
Atlantic Sea Scallop Fishery
Management Plan. Vessels that are
participating in the 2020 scallop
Research Set-Aside Program and have
been issued letters of authorization to
conduct compensation fishing activities
will harvest the 2020 LA TAC.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
contrary to the public interest and
impracticable. NMFS also finds,
pursuant to 5 U.S.C. 553(d)(3), good
cause to waive the 30-day delayed
effectiveness period for the reasons
noted below. The NGOM Scallop
Management Area opened for the 2020
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]]>Agencies
[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Rules and Regulations]
[Pages 31704-31706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10167]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[GN Docket No. 18-122; FCC 20-22; FRS 16735]
Expanding Flexible Use of the 3.7 to 4.2 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved the information collection
requirements associated with the eligible space station operator
accelerated relocation election, eligible space station operator
transition plan, and incumbent earth station lump sum payment election
rules adopted in the Federal Communications Commission's (Commission)
3.7 GHz Report and Order, FCC 20-22, and that compliance with the new
rules is now required. This document is consistent with the 3.7 GHz
Report and Order, FCC 20-22, which states that the Commission will
publish a document in the Federal Register announcing a compliance date
for the new rule sections and revise the Commission's rules
accordingly.
DATES: Compliance date: Compliance with 47 CFR 27.1412(c) introductory
text, (c)(2), 27.1412(d) introductory text and (d)(1), and 27.1419,
published at 85 FR 22804 on April 23, 2020, is required on May 27,
2020.
FOR FURTHER INFORMATION CONTACT: Anna Gentry, Mobility Division,
Wireless Telecommunications Bureau, at (202) 418-7769 or
[email protected].
SUPPLEMENTARY INFORMATION: This document announces that OMB approved
the information collection requirements in Sec. Sec. 47 CFR 27.1412(c)
introductory text, (c)(2), 27.1412(d) introductory text and (d)(1), and
27.1419, on May 5, 2020. These rules were adopted in the 3.7 GHz Report
and Order, FCC 20-22, published at published at 85 FR 22804 on April
23, 2020. The Commission publishes this document as an announcement of
the compliance date of these new rules. OMB approval for all other new
or amended rules for which OMB approval is required will be requested,
and compliance is not yet required for those rules. Compliance with all
new or amended rules adopted in the 3.7 GHz Report and Order that do
not require OMB approval will be required as of June 22, 2020, see 85
FR 22804 (Apr. 23, 2020).
If you have any comments on the burden estimates listed below, or
how the Commission can improve the collections and reduce any burdens
caused thereby, please contact Cathy Williams, Federal Communications
Commission, Room 1-C823, 445 12th Street, SW, Washington, DC 20554,
regarding OMB Control Number 3060-1272. Please include the OMB Control
Number in your correspondence. The Commission will also accept your
comments via email at [email protected].
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Commission is notifying the public that it received final
OMB approval on May 5, 2020, for the information collection
requirements contained in Sec. Sec. 47 CFR 27.1412(c) introductory
text, (c)(2), 27.1412(d) introductory text and (d)(1), and 27.1419.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information
[[Page 31705]]
unless it displays a current, valid OMB Control Number. No person shall
be subject to any penalty for failing to comply with a collection of
information subject to the Paperwork Reduction Act that does not
display a current, valid OMB Control Number. The OMB Control Number for
the information collection requirements in Sec. Sec. 27.1412(c)
introductory text, (c)(2), 27.1412(d) introductory text and (d)(1), and
27.1419, is 3060-1272. The foregoing notice is required by the
Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1272.
OMB Approval Date: May 5, 2020.
OMB Expiration Date: November 30, 2020.
Title: 3.7 GHz Band Space Station Operator Accelerated Relocation
Elections and Transition Plans; 3.7 GHz Band Incumbent Earth Station
Lump Sum Payment Elections.
Form Number: N/A.
Respondents: Business or other for profit entities.
Number of Respondents and Responses: 3,010 respondents; 3,010
responses.
Estimated Time per Response: 16 hours per eligible space station
accelerated relocation election; 80-600 hours per eligible space
station transition plan; 32 hours per incumbent earth station lump sum
payment election.
Frequency of Response: One-time reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in
sections 1, 2, 4(i), 4(j), 5(c), 201, 302, 303, 304, 307(e), and 309 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 155(c), 201, 302, 303, 304, 307(e), 309.
Total Annual Burden: 109,680 hours.
Total Annual Cost: $900,000.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: The information collected
under this collection will be made publicly available, however, to the
extent information submitted pursuant to this information collection is
determined to be confidential, it will be protected by the Commission.
If a respondent seeks to have information collected pursuant to this
information collection withheld from public inspection, the respondent
may request confidential treatment pursuant to section 0.459 of the
Commission's rules for such information. See 47 CFR 0.459.
Needs and Uses: On February 28, 2020, in furtherance of the goal of
releasing more mid-band spectrum into the market to support and enable
next-generation wireless networks, the Federal Communications
Commission (Commission) adopted the 3.7 GHz Report and Order, FCC 20-
22, in which it reformed the use of the 3.7-4.2 GHz band, also known as
the C-Band. The 3.7 GHz-4.2 GHz band currently is allocated in the
United States exclusively for non-Federal use on a primary basis for
Fixed Satellite Service (FSS) and Fixed Service. Domestically, space
station operators use the 3.7-4.2 GHz band to provide downlink signals
of various bandwidths to licensed transmit-receive, registered receive-
only, and unregistered receive-only earth stations throughout the
United States. The 3.7 GHz Report and Order calls for the relocation of
existing FSS operations in the band into the upper 200 megahertz of the
band (4.0-4.2 GHz) and making the lower 280 megahertz (3.7-3.98 GHz)
available for flexible-use throughout the contiguous United States
through a Commission-administered public auction of overlay licenses
that is scheduled to occur later this year, with the 20 megahertz from
3.98-4.0 GHz reserved as a guard band.
The Commission adopted a robust transition schedule to achieve an
expeditious relocation of FSS operations and ensure that a significant
amount of spectrum is made available quickly for next-generation
wireless deployments, while also ensuring effective accommodation of
relocated incumbent users. The 3.7 GHz Report and Order establishes a
deadline of December 5, 2025, for full relocation to ensure that all
FSS operations are cleared in a timely manner, but provides an
opportunity for accelerated clearing of the band by allowing incumbent
space station operators, as defined in the 3.7 GHz Report and Order, to
commit to voluntarily relocate on a two-phased accelerated schedule
(with additional obligations and incentives for such operators), with a
Phase I deadline of December 5, 2021, and a Phase II deadline of
December 5, 2023.
The Commission concluded in the 3.7 GHz Report and Order that,
before the public auction of overlay licenses commences, it is
appropriate for potential bidders to know when they will get access to
the spectrum in the 3.7-3.98 GHz band that is currently occupied by
incumbent FSS space station operators and earth stations, as defined in
the 3.7 GHz Report and Order, and to have an estimate of how much they
may be required to pay for incumbent relocation costs and accelerated
relocation payments should they become overlay licensees, as overlay
licensees are required to pay for the reasonable relocation costs of
incumbent space station and incumbent earth station operators that are
required to clear the lower portion of the band.
Under this new information collection, the Commission will collect
information that will be used by the Commission to determine when, how,
and at what cost existing operations in the lower portion of the 3.7-
4.2 GHz band will be relocated to the upper portion of the band.
Specifically, the Commission collect the following information from
incumbents as adopted in the 3.7 GHz Report and Order:
Accelerated Relocation Elections
The Commission concluded in the 3.7 GHz Report and Order that
overlay licensees would only value accelerated relocation if a
significant majority of incumbents are cleared in a timely manner, and
therefore determined that at least 80% of accelerated relocation
payments must be accepted in order for the Commission to accept
accelerated elections and require overlay licensees to pay accelerated
relocation payments. The 3.7 GHz Report and Order calls for an eligible
space station operator, as defined in the 3.7 GHz Report and Order,
that chooses to commit to clear on the accelerated schedule in exchange
for accelerated relocation payments to submit a written, public,
irrevocable accelerated relocation election with the Commission by May
29, 2020, to permit the Commission to determine whether there are
sufficient accelerated relocation elections to trigger early relocation
and in turn provide bidders with adequate certainty regarding the
clearing date and payment obligations associated with each license well
in advance of the auction.
Transition Plans
The 3.7 GHz Report and Order requires each eligible space station
operator to submit to the Commission by June 12, 2020, and make
available for public review, a detailed transition plan describing the
necessary steps and estimated costs for the eligible space station
operator to complete the transition of existing operations in the lower
portion of the 3.7-4.2 GHz band to the upper 200 megahertz of the band
and its individual timeline for doing so consistent with the regular
relocation deadline or by the accelerated relocation deadlines. An
eligible space station operator that elects to receive
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accelerated relocation payments is responsible for relocating all of
its associated incumbent earth stations and must outline the details of
such relocation in the transition plan (unless an incumbent earth
station owner elects to receive a lump sum payment and assumes
responsibility for transitioning its own earth stations). Similarly, an
incumbent space station operator that does not elect to receive
accelerated relocation payments but nevertheless plans to assume
responsibility for relocating its own associated incumbent earth
stations must make that clear in its transition plan.
Incumbent Earth Station Lump Sum Payment Elections
The 3.7 GHz Report and Order provides an incumbent earth station
operator with the option of accepting reimbursement payments for its
reasonable relocation costs for the transition, or opting out of the
formal relocation process and accepting a lump sum reimbursement
payment for all of its incumbent earth stations based on the average,
estimated costs of relocating all of their incumbent earth stations in
lieu of actual relocation costs. The 3.7 GHz Report and Order directs
the Wireless Telecommunications Bureau to announce the lump sum that
will be available per incumbent earth station as well as the process
for electing lump sum payments and requires that no later than 30 days
after this announcement, an incumbent earth station operator that
wishes to receive a lump sum payment make an irrevocable lump sum
payment election that will apply to all of its earth stations in the
contiguous United States.
This information collection will serve as the starting point for
planning and managing the process of efficiently and expeditiously
clearing of the lower portion of the band, so that this spectrum can be
auctioned for flexible-use service licenses.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020-10167 Filed 5-26-20; 8:45 am]
BILLING CODE 6712-01-P
