Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 31704-31706 [2020-10167]

Download as PDF jbell on DSKJLSW7X2PROD with RULES 31704 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 VerDate Sep<11>2014 16:13 May 26, 2020 Jkt 250001 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: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27MYR1.SGM 27MYR1 jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:13 May 26, 2020 Jkt 250001 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 31705 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 E:\FR\FM\27MYR1.SGM 27MYR1 31706 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] jbell on DSKJLSW7X2PROD with RULES BILLING CODE 6712–01–P VerDate Sep<11>2014 16:13 May 26, 2020 Jkt 250001 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: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 (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 E:\FR\FM\27MYR1.SGM 27MYR1

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]


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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

[[Page 31706]]

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