Expanding Flexible Use of the 12.2-12.7 GHz Band, 32669-32671 [2021-12947]
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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules
section of this
preamble for more information).
lotter on DSK11XQN23PROD with PROPOSALS1
INFORMATION CONTACT
IX. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. The proposed rule
does not have tribal implications and
will not impose substantial direct costs
on tribal governments or preempt tribal
law as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
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Low-Income Populations, 59 FR 7629,
February 16, 1994) directs federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. We are proposing to
approve state rules as meeting the CAA
standard for RACT, which EPA has
defined as the lowest emission
limitation that a particular source is
capable of meeting by the application of
control technology that is reasonably
available considering technological and
economic feasibility. Accordingly, we
propose to determine that this rule, if
finalized, will not have
disproportionately high or adverse
human health or environmental effects
on minority or low-income populations.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 11, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021–12875 Filed 6–21–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2, 15, 25, 27 and 101
[WT Docket No. 20–443, GN Docket No. 17–
183; DA 21–649; FR ID 32905]
Expanding Flexible Use of the 12.2–
12.7 GHz Band
Federal Communications
Commission.
ACTION: Proposed rule, extension of
reply comment period.
AGENCY:
In this document, the
Commission grants the request by
SpaceX Holdings, LLC, WorldVu
Satellites Limited, Kepler
Communications, Intelsat License LLC,
and SES S.A., for an extension of the
reply comment deadline for the
proposed rule published in the Federal
Register.
DATES: The reply comment period for
the proposed rule published April 16,
2021, at 86 FR 20111, is extended. Reply
SUMMARY:
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32669
comments should be received either on
or before July 7, 2021.
ADDRESSES: You may submit comments,
identified by WT Docket No. 20–443
and GN Docket No. 17–183, by any of
the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
• During the time the Commission’s
building is closed to the general public
and until further notice, if more than
one docket or rulemaking number
appears in the caption of a proceeding,
paper filers need not submit two
additional copies for each additional
docket or rulemaking number; an
original and one copy are sufficient.
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).
FOR FURTHER INFORMATION CONTACT:
Madelaine Maior of the Wireless
Telecommunications Bureau,
Broadband Division, at 202–418–1466
or Madelaine.Maior@fcc.gov; or Simon
Banyai of the Wireless
Telecommunications Bureau,
Broadband Division, at 202–418–1443
or Simon.Banyai@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules
WT Docket No. 20–443; DA 21–649,
adopted and released on June 3, 2021.
The full text of this document visit
FCC’s website at https://docs.fcc.gov/
public/attachments/DA-21-649A1.pdf or
via the FCC’s Electronic Comment
Filing System (ECFS) website at https://
www.fcc.gov/ecfs. (Documents will be
available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.)
Alternative formats are available for
people with disabilities (braille, large
print, electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
I. Background
lotter on DSK11XQN23PROD with PROPOSALS1
1. On January 15, 2021, the
Commission released a Notice of
Proposed Rulemaking (NPRM) seeking
input on the feasibility of allowing
flexible-use services in the 12.2–12.7
GHz band (12 GHz band) while
protecting incumbents from harmful
interference.1 In response to a motion
filed by CCIA, et al. for an extension of
time to file comments and replies to the
NPRM,2 the Bureau released an Order
on March 29, 2021, allowing an
additional 30 days to file comments and
replies (Extension Order).3 The Bureau
agreed with the parties that a 30-day
extension was ‘‘warranted to provide
commenters with additional time to
prepare comments and reply comments
that fully respond to the complex
economic, engineering, and policy
issues raised in the NPRM.’’ 4 The
Bureau, however, declined two requests
by SpaceX Holdings, LLC (‘‘SpaceX’’),
WorldVu Satellites Limited
(‘‘OneWeb’’), Kepler Communications,
Intelsat License LLC, and SES S.A. (the
‘‘12 GHz Alliance’’) to indefinitely
suspend the initial comment deadline
1 See Expanding Flexible Use of the 12.2–12.7
GHz Band, et al., WT Docket No. 20–443, Notice of
Proposed Rulemaking, 36 FCC Rcd 606 (2021)
(NPRM). The comment and reply comment
deadlines were set at 30 and 60 days after
publication in the Federal Register. Publication
occurred on March 8, 2021, which made the
original deadlines April 7, 2021, and May 7, 2021,
respectively. See Federal Communications
Commission, Expanding Flexible Use of the 12.2–
12.7 GHz Band, 86 FR 13266 (Mar. 8, 2021).
2 See Motion of Computer & Communications
Industry Association (CCIA), INCOMPAS, Open
Technology Institute at New America, and Public
Knowledge for Extension of Time, WT Docket No.
20–443, et al., (filed Mar. 19, 2021).
3 See Expanding Flexible Use of the 12.2–12.7
GHz Band, et al., WT Docket No. 20–443, et al.,
Order, DA 21–370 (WTB Mar. 29, 2021) (Extension
Order) (extending deadlines for comments and
reply comments to May 7, 2021, and June 7, 2021,
respectively).
4 Extension Order at para. 3.
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until RS Access, LLC (RS Access)
provided certain technical analyses.5
2. On May 24, 2021, the 12 GHz
Alliance filed the instant request for a
30-day extension of the Reply Comment
deadline of June 7, 2021.6 The 12 GHz
Alliance seeks additional time to
adequately review and respond to
‘‘voluminous—nearly 300 pages in
comments and exhibits between just [RS
Access, LLC and DISH Network
Corporation].’’ 7 In response, the
5Gfor12GHz Coalition opposes the
instant Reply Extension Request on
various grounds.8 The 5Gfor12GHz
Coalition argues that the complex and
voluminous nature of the comments do
not form the basis for an extension
beyond the normal comment and reply
schedule expected of routine technical
proceedings that involve complex
filings.9 Furthermore, the 5Gfor12GHz
Coalition assert that the previously
granted extension of the comment
deadline by the Commission in this
proceeding provided ample additional
time for stakeholders to prepare and
submit the necessary technical and
economic analyses, and that any further
5 See Extension Order at n.6 (citing Letter from
Ruth Pritchard-Kelly, Senior Advisor, ONEWEB, et
al., to Marlene H. Dortch, Secretary, FCC, at 1 (Mar.
23, 2021)); Expanding Flexible Use of the 12.2–12.7
GHz Band, et al., WT Docket No. 20–443, et al.,
Order, DA 21–519 (WTB May. 4, 2021) (Further
Extension Denial Order) (denying further extension
requested by 12 GHz Alliance in Letter from Ruth
Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to
Marlene H. Dortch, Secretary, FCC (Apr. 26, 2021)).
6 Motion of Space Exploration Holdings, LLC,
WorldVu Satellites Limited, Kepler
Communications, Intelsat License LLC, and SES
S.A. (12 GHz Alliance) for Extension of Time, WT
Docket No. 20–443, et al., (filed May 24, 2021)
(Reply Extension Request).
7 Reply Extension Request at 3.
8 See Opposition of 5Gfor12GHz Coalition to
Motion for Extension of Time to File Reply
Comments, WT Docket No. 20–443, et al., (filed
May 27, 2021) (5Gfor12GHz Coalition Opposition).
The 5Gfor12GHz Coalition’s members include
INCOMPAS, Public Knowledge, DISH Network,
Computer & Communications Industry Association
(CCIA), RS Access, Open Technology Institute at
New America, Federated Wireless, AtLink,
Cambridge Broadband Networks Group Ltd.
(CBNG), Center for Education Innovations (CEI),
Center for Rural Strategies, Etheric Networks,
GeoLinks, Go Long Wireless, Granite
Telecommunications, mmWave Tech, MVD
Number 53 Partners, Resound Networks, Rise
Broadband, Rural Wireless Association (RWA), Tel
Net Worldwide, Tilson, VMware, WeLink, White
Cloud Technologies, Xiber and X-Lab. 5Gfor12GHz
Coalition Opposition at 1, n.1. Public Knowledge,
Federated Wireless, MVD Number 53 Partners, and
Center for Rural Strategies abstained from this
opposition. Id.
9 See 5Gfor12GHz Coalition Opposition at 2
(citing Amendment of Rules Governing UltraWideband Devices and Systems, Order Denying
Extension of Time to File Comments and Reply
Comment, 34 FCC Rcd. 7176, 7177 ¶ 3 (2019)
(denying request to extend comment and reply
deadlines in response to a petition for rulemaking)
(Ultra-Wideband Extension Denial).
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delay will hamper 5G deployment in
this band to U.S. consumers.10
3. The Commission grants the Reply
Extension Request filed by the 12 GHz
Alliance. As set forth in Section 1.46 of
the Commission’s rules,11 the
Commission does not routinely grant
extensions of time for filing comments
in rulemaking proceedings.
Nevertheless, the Commission
previously found good cause for
granting a 30-day extension of the
original comment period to provide
commenters with additional time to
prepare initial comments addressing the
complex economic, engineering, and
policy issues raised in the NPRM. The
Commission now finds that a 30-day
extension of the reply comment
period—until July 7, 2021—is justified
for the same reasons, in order to give
parties ample time to respond to the
complex economic, engineering, and
policy issues raised in the initial
comments to the NPRM.12 The
Commission notes that the precedent for
denying the Reply Extension Request
cited by the 5Gfor12GHz Coalition is
unpersuasive in this case.13
II. Ordering Clause
4. Accordingly, it is ordered that,
pursuant to section 4(i) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and §§ 0.131,
0.331, and 1.46 of the Commission’s
rules, 47 CFR 0.131, 0.331, and 1.46, the
Reply Extension Request filed by
SpaceX Holdings, LLC, WorldVu
Satellites Limited, Kepler
Communications, Intelsat License LLC,
and SES S.A., on May 24, 2021 IS
GRANTED.
10 See
5Gfor12GHz Coalition Opposition at 4.
CFR 1.46.
12 In making this finding, the Commission gives
no credit to the 12 GHz Alliance’s suggestion that
the studies that RS Access and DISH submitted
with their timely-filed comments were somehow
‘‘belated submissions . . . to limit other interested
parties’ ability to review and [reply].’’ Reply
Extension Request at 3. See generally 5Gfor12GHz
Coalition Opposition at 3, Letter from Trey
Hanbury, Counsel to RS Access, LLC, to Marlene H.
Dortch, Secretary, FCC, at 2 (‘‘The notion that
timely receipt of a party’s initial comments in a
Commission rulemaking proceeding precludes
other parties’ meaningful participation in that
proceeding defies logical explanation.’’) (Apr. 28,
2021).
13 The Ultra-Wideband Extension Denial cited by
the 5Gfor12GHz Coalition, see supra note 9,
involved a decision declining to extend both the
original comment and reply comment deadlines in
response to a public notice for a petition for
rulemaking—a step preliminary to initiation of a
rulemaking proceeding. By comparison, the
pleading cycle in the instant proceeding is in
response to the NPRM, and the Bureau previously
found a 30-day extension of the original comment
deadline was justified in this case.
11 47
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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules
5. It is further ordered that the
deadline to file reply comments in this
proceeding is extended to July 7, 2021.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless
Telecommunications Bureau.
[FR Doc. 2021–12947 Filed 6–21–21; 8:45 am]
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Agencies
[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Proposed Rules]
[Pages 32669-32671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12947]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 15, 25, 27 and 101
[WT Docket No. 20-443, GN Docket No. 17-183; DA 21-649; FR ID 32905]
Expanding Flexible Use of the 12.2-12.7 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule, extension of reply comment period.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission grants the request by SpaceX
Holdings, LLC, WorldVu Satellites Limited, Kepler Communications,
Intelsat License LLC, and SES S.A., for an extension of the reply
comment deadline for the proposed rule published in the Federal
Register.
DATES: The reply comment period for the proposed rule published April
16, 2021, at 86 FR 20111, is extended. Reply comments should be
received either on or before July 7, 2021.
ADDRESSES: You may submit comments, identified by WT Docket No. 20-443
and GN Docket No. 17-183, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19.
During the time the Commission's building is closed to the
general public and until further notice, if more than one docket or
rulemaking number appears in the caption of a proceeding, paper filers
need not submit two additional copies for each additional docket or
rulemaking number; an original and one copy are sufficient.
People with Disabilities: 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
FOR FURTHER INFORMATION CONTACT: Madelaine Maior of the Wireless
Telecommunications Bureau, Broadband Division, at 202-418-1466 or
[email protected]; or Simon Banyai of the Wireless
Telecommunications Bureau, Broadband Division, at 202-418-1443 or
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in
[[Page 32670]]
WT Docket No. 20-443; DA 21-649, adopted and released on June 3, 2021.
The full text of this document visit FCC's website at https://docs.fcc.gov/public/attachments/DA-21-649A1.pdf or via the FCC's
Electronic Comment Filing System (ECFS) website at https://www.fcc.gov/ecfs. (Documents will be available electronically in ASCII, Microsoft
Word, and/or Adobe Acrobat.) Alternative formats are available for
people with disabilities (braille, large print, electronic files, audio
format), by sending an email to [email protected] or calling the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
I. Background
1. On January 15, 2021, the Commission released a Notice of
Proposed Rulemaking (NPRM) seeking input on the feasibility of allowing
flexible-use services in the 12.2-12.7 GHz band (12 GHz band) while
protecting incumbents from harmful interference.\1\ In response to a
motion filed by CCIA, et al. for an extension of time to file comments
and replies to the NPRM,\2\ the Bureau released an Order on March 29,
2021, allowing an additional 30 days to file comments and replies
(Extension Order).\3\ The Bureau agreed with the parties that a 30-day
extension was ``warranted to provide commenters with additional time to
prepare comments and reply comments that fully respond to the complex
economic, engineering, and policy issues raised in the NPRM.'' \4\ The
Bureau, however, declined two requests by SpaceX Holdings, LLC
(``SpaceX''), WorldVu Satellites Limited (``OneWeb''), Kepler
Communications, Intelsat License LLC, and SES S.A. (the ``12 GHz
Alliance'') to indefinitely suspend the initial comment deadline until
RS Access, LLC (RS Access) provided certain technical analyses.\5\
---------------------------------------------------------------------------
\1\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et
al., WT Docket No. 20-443, Notice of Proposed Rulemaking, 36 FCC Rcd
606 (2021) (NPRM). The comment and reply comment deadlines were set
at 30 and 60 days after publication in the Federal Register.
Publication occurred on March 8, 2021, which made the original
deadlines April 7, 2021, and May 7, 2021, respectively. See Federal
Communications Commission, Expanding Flexible Use of the 12.2-12.7
GHz Band, 86 FR 13266 (Mar. 8, 2021).
\2\ See Motion of Computer & Communications Industry Association
(CCIA), INCOMPAS, Open Technology Institute at New America, and
Public Knowledge for Extension of Time, WT Docket No. 20-443, et
al., (filed Mar. 19, 2021).
\3\ See Expanding Flexible Use of the 12.2-12.7 GHz Band, et
al., WT Docket No. 20-443, et al., Order, DA 21-370 (WTB Mar. 29,
2021) (Extension Order) (extending deadlines for comments and reply
comments to May 7, 2021, and June 7, 2021, respectively).
\4\ Extension Order at para. 3.
\5\ See Extension Order at n.6 (citing Letter from Ruth
Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to Marlene H.
Dortch, Secretary, FCC, at 1 (Mar. 23, 2021)); Expanding Flexible
Use of the 12.2-12.7 GHz Band, et al., WT Docket No. 20-443, et al.,
Order, DA 21-519 (WTB May. 4, 2021) (Further Extension Denial Order)
(denying further extension requested by 12 GHz Alliance in Letter
from Ruth Pritchard-Kelly, Senior Advisor, ONEWEB, et al., to
Marlene H. Dortch, Secretary, FCC (Apr. 26, 2021)).
---------------------------------------------------------------------------
2. On May 24, 2021, the 12 GHz Alliance filed the instant request
for a 30-day extension of the Reply Comment deadline of June 7,
2021.\6\ The 12 GHz Alliance seeks additional time to adequately review
and respond to ``voluminous--nearly 300 pages in comments and exhibits
between just [RS Access, LLC and DISH Network Corporation].'' \7\ In
response, the 5Gfor12GHz Coalition opposes the instant Reply Extension
Request on various grounds.\8\ The 5Gfor12GHz Coalition argues that the
complex and voluminous nature of the comments do not form the basis for
an extension beyond the normal comment and reply schedule expected of
routine technical proceedings that involve complex filings.\9\
Furthermore, the 5Gfor12GHz Coalition assert that the previously
granted extension of the comment deadline by the Commission in this
proceeding provided ample additional time for stakeholders to prepare
and submit the necessary technical and economic analyses, and that any
further delay will hamper 5G deployment in this band to U.S.
consumers.\10\
---------------------------------------------------------------------------
\6\ Motion of Space Exploration Holdings, LLC, WorldVu
Satellites Limited, Kepler Communications, Intelsat License LLC, and
SES S.A. (12 GHz Alliance) for Extension of Time, WT Docket No. 20-
443, et al., (filed May 24, 2021) (Reply Extension Request).
\7\ Reply Extension Request at 3.
\8\ See Opposition of 5Gfor12GHz Coalition to Motion for
Extension of Time to File Reply Comments, WT Docket No. 20-443, et
al., (filed May 27, 2021) (5Gfor12GHz Coalition Opposition). The
5Gfor12GHz Coalition's members include INCOMPAS, Public Knowledge,
DISH Network, Computer & Communications Industry Association (CCIA),
RS Access, Open Technology Institute at New America, Federated
Wireless, AtLink, Cambridge Broadband Networks Group Ltd. (CBNG),
Center for Education Innovations (CEI), Center for Rural Strategies,
Etheric Networks, GeoLinks, Go Long Wireless, Granite
Telecommunications, mmWave Tech, MVD Number 53 Partners, Resound
Networks, Rise Broadband, Rural Wireless Association (RWA), Tel Net
Worldwide, Tilson, VMware, WeLink, White Cloud Technologies, Xiber
and X-Lab. 5Gfor12GHz Coalition Opposition at 1, n.1. Public
Knowledge, Federated Wireless, MVD Number 53 Partners, and Center
for Rural Strategies abstained from this opposition. Id.
\9\ See 5Gfor12GHz Coalition Opposition at 2 (citing Amendment
of Rules Governing Ultra-Wideband Devices and Systems, Order Denying
Extension of Time to File Comments and Reply Comment, 34 FCC Rcd.
7176, 7177 ] 3 (2019) (denying request to extend comment and reply
deadlines in response to a petition for rulemaking) (Ultra-Wideband
Extension Denial).
\10\ See 5Gfor12GHz Coalition Opposition at 4.
---------------------------------------------------------------------------
3. The Commission grants the Reply Extension Request filed by the
12 GHz Alliance. As set forth in Section 1.46 of the Commission's
rules,\11\ the Commission does not routinely grant extensions of time
for filing comments in rulemaking proceedings. Nevertheless, the
Commission previously found good cause for granting a 30-day extension
of the original comment period to provide commenters with additional
time to prepare initial comments addressing the complex economic,
engineering, and policy issues raised in the NPRM. The Commission now
finds that a 30-day extension of the reply comment period--until July
7, 2021--is justified for the same reasons, in order to give parties
ample time to respond to the complex economic, engineering, and policy
issues raised in the initial comments to the NPRM.\12\ The Commission
notes that the precedent for denying the Reply Extension Request cited
by the 5Gfor12GHz Coalition is unpersuasive in this case.\13\
---------------------------------------------------------------------------
\11\ 47 CFR 1.46.
\12\ In making this finding, the Commission gives no credit to
the 12 GHz Alliance's suggestion that the studies that RS Access and
DISH submitted with their timely-filed comments were somehow
``belated submissions . . . to limit other interested parties'
ability to review and [reply].'' Reply Extension Request at 3. See
generally 5Gfor12GHz Coalition Opposition at 3, Letter from Trey
Hanbury, Counsel to RS Access, LLC, to Marlene H. Dortch, Secretary,
FCC, at 2 (``The notion that timely receipt of a party's initial
comments in a Commission rulemaking proceeding precludes other
parties' meaningful participation in that proceeding defies logical
explanation.'') (Apr. 28, 2021).
\13\ The Ultra-Wideband Extension Denial cited by the 5Gfor12GHz
Coalition, see supra note 9, involved a decision declining to extend
both the original comment and reply comment deadlines in response to
a public notice for a petition for rulemaking--a step preliminary to
initiation of a rulemaking proceeding. By comparison, the pleading
cycle in the instant proceeding is in response to the NPRM, and the
Bureau previously found a 30-day extension of the original comment
deadline was justified in this case.
---------------------------------------------------------------------------
II. Ordering Clause
4. Accordingly, it is ordered that, pursuant to section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and
Sec. Sec. 0.131, 0.331, and 1.46 of the Commission's rules, 47 CFR
0.131, 0.331, and 1.46, the Reply Extension Request filed by SpaceX
Holdings, LLC, WorldVu Satellites Limited, Kepler Communications,
Intelsat License LLC, and SES S.A., on May 24, 2021 IS GRANTED.
[[Page 32671]]
5. It is further ordered that the deadline to file reply comments
in this proceeding is extended to July 7, 2021.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-12947 Filed 6-21-21; 8:45 am]
BILLING CODE 6712-01-P