Notice of 90-Day Period To Submit Affirmation of Operational Status of Identified Earth Station Antennas To Avoid Losing Incumbent Status or File To Remove Identified Antennas From IBFS if No Longer Operational, 75627-75628 [2022-26494]

Download as PDF Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other materials, such as copyrighted material, are publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or at EPA’s Docket Center. Wayne Cascio, Director, Center for Public Health and Environmental Assessment, Office of Research and Development. [FR Doc. 2022–26786 Filed 12–8–22; 8:45 am] BILLING CODE 6560–50–P NATIONAL SPACE COUNCIL Notice of In-Space Authorization and Supervision Policy, Additional Listening Session; Correction Executive Office of the President (EOP) National Space Council. SUMMARY: The National Space Council published a document in the Federal Register of 29 November 2022 concerning a third virtual listening session. The document contained incorrect times. FOR FURTHER INFORMATION CONTACT: Diane Howard at MBX.NSpC.IASP@ ovp.eop.gov or by calling 202.456.7831. SUPPLEMENTARY INFORMATION: In the Federal Register of 29 November 2022, in FR Doc. 2022–25961, on page 73299, in the third column, correct the DATES caption to read: AGENCY: Dates 1. Approaches for Authorization & Supervision continued: Thursday, 15 December 2022 10:00 a.m.–11:30 a.m. ET Dated: 6 December 2022. Diane Howard, Director of Commercial Space Policy, National Space Council. [FR Doc. 2022–26826 Filed 12–8–22; 8:45 am] BILLING CODE 3395–F2–P FEDERAL COMMUNICATIONS COMMISSION lotter on DSK11XQN23PROD with NOTICES1 [IB Docket No. 20–205; DA 22–1202; FR 116562] Notice of 90-Day Period To Submit Affirmation of Operational Status of Identified Earth Station Antennas To Avoid Losing Incumbent Status or File To Remove Identified Antennas From IBFS if No Longer Operational Federal Communications Commission (FCC). AGENCY: VerDate Sep<11>2014 17:50 Dec 08, 2022 Jkt 259001 ACTION: Notice. In this document, the International Bureau (Bureau) provides the following notice to operators of certain incumbent FSS C-band earth station antennas recently reported to the Bureau by RSM US LLP (RSM), the Cband Relocation Coordinator, on behalf of incumbent C-band satellite operators: Failure to submit a filing affirming the continued operation of the earth station antennas reported to the Bureau as inactive and the intent to participate in the C-band transition will result in a Bureau announcement that those authorizations identified as inactive in the Appendix attached to the Public Notice document (PN) have automatically terminated by operation of rule, and that those authorizations will be terminated in IBFS and removed from the incumbent earth station list. According to RSM, each antenna included in the Appendix to the PN document was reported by their earth station operator to RSM or a satellite operator as no longer receiving service from a C-band satellite even though the FCC’s International Bureau Filing System (IBFS) continues to include the antenna as active. DATES: Identified earth station operators must provide notice of operational status by February 16, 2023. FOR FURTHER INFORMATION CONTACT: Kerry Murray, International Bureau, Satellite Division, at (202) 418–0734, Kerry.Murray@fcc.gov or IBFSINFO@ fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s document, DA 22–1202, released November 18, 2022. The full text of this document, along with the Appendix identifying the specific earth station antennas subject to automatic termination, is available for public inspection and can be downloaded at https://www.fcc.gov/document/ibidentifies-inactive-c-band-incumbentearth-station-antennas or by using the search function for IB Docket No. 20– 205 on the Commission’s ECFS page at www.fcc.gov/ecfs. Background. Under the Commission’s 3.7 GHz Band Report and Order, RSM is responsible for coordinating with the five incumbent C-band satellite operators—Eutelsat, Intelsat, SES, StarOne, and Telesat—to ensure that all incumbent earth stations are accounted for in the transition.1 The overwhelming SUMMARY: 1 See Expanding Flexible Use of the 3.7 to 4.2 GHz Band, Report and Order and Order of Proposed Modification, 85 FR 22804, 22818–22820 (2020) (3.7 GHz Band Report and Order). As a reminder, the Commission decided in the 3.7 GHz Band PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 75627 majority of incumbent earth stations have been claimed by the satellite operator(s) from which they receive service, included in the relevant satellite operators’ transition plans to the Commission, and will be transitioned to the upper 200 megahertz of the band.2 RSM, as the C-band Relocation Coordinator, and the satellite operators have conducted outreach and research to determine whether incumbent earth station antennas are still operational in the 3.7 GHz band and, if so, from which satellite(s) the earth station receives its service.3 RSM has advised the Commission that it and the incumbent satellite operators regularly share the results of their respective outreach efforts to better coordinate the transition of incumbent earth stations. In the course of their outreach, the satellite operators and RSM have identified certain entries on the incumbent list that they report include antennas that are not active C-band antennas in the 3.7 GHz band. According to RSM, these entries include: (1) C-band antennas that are inactive or non-operational, (2) authorizations that list more C-band antennas than are currently operational at a site,4 (3) duplicate authorizations by the same entity for the same C-band antennas, and (4) operational antennas that do not receive in the 3.7 GHz band.5 RSM represents that these earth station operators have failed to make filings in the FCC’s IBFS to reflect the correct status of those antennas. On October 28, 2022, RSM submitted a letter identifying these individual earth station antennas that fall into one of the three categories listed above, which are included on the latest incumbent earth station list and Report and Order that it will no longer accept applications for registration and licenses for FSS operations in the 3.7–4.0 GHz band in the contiguous United States and that it will not accept applications for new earth stations in the 4.0–4.2 GHz band in the contiguous United States for the time being, during the C-band transition. 3.7 GHz Band Report and Order, 85 FR 22823. 2 47 CFR 27.1412(d) (transition plan requirements). The satellite operators also file quarterly status reports in GN Docket No. 20–173. 47 CFR 27.1412(f). 3 3.7 GHz Band Report and Order, 85 FR 22838. 4 According to RSM, in these cases an authorization holder has included in IBFS, in one or more callsigns, more C-band receive antennas at a site than exist at that site—e.g., 10 antennas registered when there are only six antennas at the site. 5 For instance, RSM has represented that certain antennas on the Incumbent List do not receive in the 3.7 GHz band, but are instead antennas operating on Ku band or Ka band frequencies. E:\FR\FM\09DEN1.SGM 09DEN1 75628 Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 continue to be listed in IBFS.6 RSM explains that it compiled this group of antennas—which were not included in the January 19 PN, May 14 PN, July 23 PN, or September 27 PN—from representations made to RSM by the satellite operators. We have attached to this PN an Appendix listing the antennas submitted by RSM that fall into the four categories. We hereby presume as a factual matter, on a rebuttable basis, that earth station antennas included in the Appendix are not active antennas receiving in the 3.7 GHz band, or that the C-band earth station antennas associated with a given site, as reflected on the incumbent list, exceed the actual number of such antennas located at that site. Absent factual rebuttal from the earth station operator by February 16, 2023, these antennas would not satisfy the Commission’s C-band transition rules that antennas must be operational C-band antennas entitled to interference protection in the 3.7 GHz band to qualify for incumbent status.7 For inactive earth stations, section 25.161(c) of the Commission’s rules provides that an earth station authorization is automatically terminated if the station is not operational for more than 90 days.8 Where a registration lists more antennas than have been observed to exist at a site, the apparently non-existent antennas will be deemed never to have existed and, accordingly, will fail to qualify for incumbent status under the C-band transition rules. Similarly, antennas that operate in other bands but do not receive in the 3.7 GHz band would not qualify for incumbent status under the C-band transition rules.9 Incumbent earth station operators who need to affirm the continued operation of the identified earth station 6 See October 28 RSM filing. The October 28 RSM filing, with its attachment, can be found in ECFS. See also November 18, 2022, DA 22–1202. 7 47 CFR 25.138(c)(1). See note 4 supra. As noted above, note 2 supra, the earth station antennas listed in the Appendix hereto do not include those that are subject to lump sum elections. Those elections may include C-band antennas whose operators have decided to discontinue all use of the C-band by the end of the C-band transition. 8 47 CFR 25.161(c). The Bureau has delegated authority to enforce the part 25 rules. 47 CFR 0.261(a)(15). 9 For the latter two groups of antennas, we note that the following rules would apply: (1) section 25.162(c) and (e) of the Commission’s rules provide that the interference protection of a receiving earth station is automatically terminated in certain circumstances, including when a station has been used less than 50% of the time during any 12month period or when actual use of the facility is inconsistent with what is in a registrant’s application, 47 CFR 25.162(c) & (e), and (2) section 25.115(b)(8) of the Commission’s rules require earth station operators to take the steps necessary to remove non-operational antennas from the active records in the IBFS, 47 CFR 25.115(b)(8). VerDate Sep<11>2014 17:50 Dec 08, 2022 Jkt 259001 antennas. We direct earth station operators with incumbent earth station antennas that appear on the appended list to make either of two filings no later than 90 days after release of this document (i.e., by February 16, 2023): (1) file to correct the IBFS filings for the affected antennas,10 or (2) file in ECFS IB Docket No. 20–205 affirming that those antennas are operational antennas receiving in the 3.7 GHz band. An earth station operator may contact Bureau staff at IBFSINFO@fcc.gov if it has questions about the above or if it needs instructions on how to surrender entire Callsigns in IBFS, how to remove an inactive earth station antenna from a Callsign that includes other operational earth station antennas, or how to modify its Callsign to accurately reflect the bands used by an antenna. Earth station operators with earth station antenna(s) on the attached list that do not respond by February 16, 2023, affirming operation of the identified earth station antennas in the 3.7 GHz band 11 will be deemed, based on the above presumptions, to have had either their authorizations to use the 3.7 GHz band for those antennas or their interference protection in the use of the 3.7 GHz band automatically terminated by rule. In those cases, the Bureau also will, as needed, terminate in IBFS those portions of the authorizations relating to the 3.7 GHz band and/or make changes in IBFS necessary to accurately reflect actual use of and interference protection for the relevant facilities. In addition, the Bureau will correct the incumbent earth station list by removing terminated earth station antennas and amending the list to no longer include any antennas in the list that are not operational C-band antennas, including over-registered antennas or antennas receiving in bands other than the 3.7 GHz band. Protection from interference from the network deployments of new wireless licenses and eligibility for reimbursement of any transition costs, including the cost of any filters, will be limited to those earth station antennas on the updated list. Incumbent earth station operators who need to provide additional information to avoid harmful interference. As a reminder, while not 10 In addition to the required filings in IBFS, those earth station operators may also make a filing in ECFS IB Docket No. 20–205 confirming the extent to which they are surrendering callsigns, removing antennas, or modifying callsigns in IBFS. 11 Notwithstanding an affirmation of continued operation, the Bureau retains the authority to eliminate an earth station antenna’s incumbent status if the Bureau receives additional evidence that the antenna has failed to satisfy applicable requirements for maintaining operation or is otherwise ineligible to be considered an incumbent. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 subject to 90-days’ notice, earth station operators that have not provided the necessary information to the Relocation Coordinator or satellite operators may not be successfully transitioned before terrestrial wireless licensees initiate service in the band. Unless those earth station operators provide the necessary information, they will risk losing their rights to receive relocation assistance prior to the initiation of service in the band by the incoming terrestrial wireless licensees, as well as any rights to operate in the lower C-band at their current locations free of harmful interference that may occur as these licensees deploy their networks. Federal Communications Commission. Nese Guendelsberger, Deputy Chief, International Bureau. [FR Doc. 2022–26494 Filed 12–8–22; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION [Docket No. 22–33] CCMA, LLC, Complainant v. Mediterranean Shipping Company S.A. and Mediterranean Shipping Company (USA) Inc., Respondent; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by CCMA, LLC., hereinafter ‘‘Complainant,’’ against Mediterranean Shipping Company S.A. and Mediterranean Shipping Company (USA) Inc. (hereinafter ‘‘Respondent.’’) Complainant states that it is organized under the laws of the State of Delaware. Complainant identifies the Respondent as an ocean common carrier incorporated in New York with its principal place of business located in Switzerland conducting business in the United States through Mediterranean Shipping Company (USA) Inc., a company located in New York, New York. Complainant alleges that Respondent violated 46 U.S.C. 41102(c), regarding its practices and the billing and assessment of charges on the shipments of the Complainant’s container cargo, including demurrage, detention, and dwell charges. An answer to the complaint is due to be filed with the Commission within twenty-five (25) days after the date of service. The full text of the complaint can be found in the Commission’s Electronic Reading Room at https://www2.fmc.gov/ readingroom/proceeding/22-33/. E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75627-75628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26494]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[IB Docket No. 20-205; DA 22-1202; FR 116562]


Notice of 90-Day Period To Submit Affirmation of Operational 
Status of Identified Earth Station Antennas To Avoid Losing Incumbent 
Status or File To Remove Identified Antennas From IBFS if No Longer 
Operational

AGENCY: Federal Communications Commission (FCC).

ACTION: Notice.

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

SUMMARY: In this document, the International Bureau (Bureau) provides 
the following notice to operators of certain incumbent FSS C-band earth 
station antennas recently reported to the Bureau by RSM US LLP (RSM), 
the C-band Relocation Coordinator, on behalf of incumbent C-band 
satellite operators: Failure to submit a filing affirming the continued 
operation of the earth station antennas reported to the Bureau as 
inactive and the intent to participate in the C-band transition will 
result in a Bureau announcement that those authorizations identified as 
inactive in the Appendix attached to the Public Notice document (PN) 
have automatically terminated by operation of rule, and that those 
authorizations will be terminated in IBFS and removed from the 
incumbent earth station list. According to RSM, each antenna included 
in the Appendix to the PN document was reported by their earth station 
operator to RSM or a satellite operator as no longer receiving service 
from a C-band satellite even though the FCC's International Bureau 
Filing System (IBFS) continues to include the antenna as active.

DATES: Identified earth station operators must provide notice of 
operational status by February 16, 2023.

FOR FURTHER INFORMATION CONTACT: Kerry Murray, International Bureau, 
Satellite Division, at (202) 418-0734, [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 22-1202, released November 18, 2022. The full text of this 
document, along with the Appendix identifying the specific earth 
station antennas subject to automatic termination, is available for 
public inspection and can be downloaded at https://www.fcc.gov/document/ib-identifies-inactive-c-band-incumbent-earth-station-antennas 
or by using the search function for IB Docket No. 20-205 on the 
Commission's ECFS page at www.fcc.gov/ecfs.
    Background. Under the Commission's 3.7 GHz Band Report and Order, 
RSM is responsible for coordinating with the five incumbent C-band 
satellite operators--Eutelsat, Intelsat, SES, StarOne, and Telesat--to 
ensure that all incumbent earth stations are accounted for in the 
transition.\1\ The overwhelming majority of incumbent earth stations 
have been claimed by the satellite operator(s) from which they receive 
service, included in the relevant satellite operators' transition plans 
to the Commission, and will be transitioned to the upper 200 megahertz 
of the band.\2\ RSM, as the C-band Relocation Coordinator, and the 
satellite operators have conducted outreach and research to determine 
whether incumbent earth station antennas are still operational in the 
3.7 GHz band and, if so, from which satellite(s) the earth station 
receives its service.\3\ RSM has advised the Commission that it and the 
incumbent satellite operators regularly share the results of their 
respective outreach efforts to better coordinate the transition of 
incumbent earth stations.
---------------------------------------------------------------------------

    \1\ See Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 
Report and Order and Order of Proposed Modification, 85 FR 22804, 
22818-22820 (2020) (3.7 GHz Band Report and Order). As a reminder, 
the Commission decided in the 3.7 GHz Band Report and Order that it 
will no longer accept applications for registration and licenses for 
FSS operations in the 3.7-4.0 GHz band in the contiguous United 
States and that it will not accept applications for new earth 
stations in the 4.0-4.2 GHz band in the contiguous United States for 
the time being, during the C-band transition. 3.7 GHz Band Report 
and Order, 85 FR 22823.
    \2\ 47 CFR 27.1412(d) (transition plan requirements). The 
satellite operators also file quarterly status reports in GN Docket 
No. 20-173. 47 CFR 27.1412(f).
    \3\ 3.7 GHz Band Report and Order, 85 FR 22838.
---------------------------------------------------------------------------

    In the course of their outreach, the satellite operators and RSM 
have identified certain entries on the incumbent list that they report 
include antennas that are not active C-band antennas in the 3.7 GHz 
band. According to RSM, these entries include: (1) C-band antennas that 
are inactive or non-operational, (2) authorizations that list more C-
band antennas than are currently operational at a site,\4\ (3) 
duplicate authorizations by the same entity for the same C-band 
antennas, and (4) operational antennas that do not receive in the 3.7 
GHz band.\5\ RSM represents that these earth station operators have 
failed to make filings in the FCC's IBFS to reflect the correct status 
of those antennas.
---------------------------------------------------------------------------

    \4\ According to RSM, in these cases an authorization holder has 
included in IBFS, in one or more callsigns, more C-band receive 
antennas at a site than exist at that site--e.g., 10 antennas 
registered when there are only six antennas at the site.
    \5\ For instance, RSM has represented that certain antennas on 
the Incumbent List do not receive in the 3.7 GHz band, but are 
instead antennas operating on Ku band or Ka band frequencies.
---------------------------------------------------------------------------

    On October 28, 2022, RSM submitted a letter identifying these 
individual earth station antennas that fall into one of the three 
categories listed above, which are included on the latest incumbent 
earth station list and

[[Page 75628]]

continue to be listed in IBFS.\6\ RSM explains that it compiled this 
group of antennas--which were not included in the January 19 PN, May 14 
PN, July 23 PN, or September 27 PN--from representations made to RSM by 
the satellite operators. We have attached to this PN an Appendix 
listing the antennas submitted by RSM that fall into the four 
categories.
---------------------------------------------------------------------------

    \6\ See October 28 RSM filing. The October 28 RSM filing, with 
its attachment, can be found in ECFS. See also November 18, 2022, DA 
22-1202.
---------------------------------------------------------------------------

    We hereby presume as a factual matter, on a rebuttable basis, that 
earth station antennas included in the Appendix are not active antennas 
receiving in the 3.7 GHz band, or that the C-band earth station 
antennas associated with a given site, as reflected on the incumbent 
list, exceed the actual number of such antennas located at that site. 
Absent factual rebuttal from the earth station operator by February 16, 
2023, these antennas would not satisfy the Commission's C-band 
transition rules that antennas must be operational C-band antennas 
entitled to interference protection in the 3.7 GHz band to qualify for 
incumbent status.\7\ For inactive earth stations, section 25.161(c) of 
the Commission's rules provides that an earth station authorization is 
automatically terminated if the station is not operational for more 
than 90 days.\8\ Where a registration lists more antennas than have 
been observed to exist at a site, the apparently non-existent antennas 
will be deemed never to have existed and, accordingly, will fail to 
qualify for incumbent status under the C-band transition rules. 
Similarly, antennas that operate in other bands but do not receive in 
the 3.7 GHz band would not qualify for incumbent status under the C-
band transition rules.\9\
---------------------------------------------------------------------------

    \7\ 47 CFR 25.138(c)(1). See note 4 supra. As noted above, note 
2 supra, the earth station antennas listed in the Appendix hereto do 
not include those that are subject to lump sum elections. Those 
elections may include C-band antennas whose operators have decided 
to discontinue all use of the C-band by the end of the C-band 
transition.
    \8\ 47 CFR 25.161(c). The Bureau has delegated authority to 
enforce the part 25 rules. 47 CFR 0.261(a)(15).
    \9\ For the latter two groups of antennas, we note that the 
following rules would apply: (1) section 25.162(c) and (e) of the 
Commission's rules provide that the interference protection of a 
receiving earth station is automatically terminated in certain 
circumstances, including when a station has been used less than 50% 
of the time during any 12-month period or when actual use of the 
facility is inconsistent with what is in a registrant's application, 
47 CFR 25.162(c) & (e), and (2) section 25.115(b)(8) of the 
Commission's rules require earth station operators to take the steps 
necessary to remove non-operational antennas from the active records 
in the IBFS, 47 CFR 25.115(b)(8).
---------------------------------------------------------------------------

    Incumbent earth station operators who need to affirm the continued 
operation of the identified earth station antennas. We direct earth 
station operators with incumbent earth station antennas that appear on 
the appended list to make either of two filings no later than 90 days 
after release of this document (i.e., by February 16, 2023): (1) file 
to correct the IBFS filings for the affected antennas,\10\ or (2) file 
in ECFS IB Docket No. 20-205 affirming that those antennas are 
operational antennas receiving in the 3.7 GHz band. An earth station 
operator may contact Bureau staff at [email protected] if it has 
questions about the above or if it needs instructions on how to 
surrender entire Callsigns in IBFS, how to remove an inactive earth 
station antenna from a Callsign that includes other operational earth 
station antennas, or how to modify its Callsign to accurately reflect 
the bands used by an antenna.
---------------------------------------------------------------------------

    \10\ In addition to the required filings in IBFS, those earth 
station operators may also make a filing in ECFS IB Docket No. 20-
205 confirming the extent to which they are surrendering callsigns, 
removing antennas, or modifying callsigns in IBFS.
---------------------------------------------------------------------------

    Earth station operators with earth station antenna(s) on the 
attached list that do not respond by February 16, 2023, affirming 
operation of the identified earth station antennas in the 3.7 GHz band 
\11\ will be deemed, based on the above presumptions, to have had 
either their authorizations to use the 3.7 GHz band for those antennas 
or their interference protection in the use of the 3.7 GHz band 
automatically terminated by rule. In those cases, the Bureau also will, 
as needed, terminate in IBFS those portions of the authorizations 
relating to the 3.7 GHz band and/or make changes in IBFS necessary to 
accurately reflect actual use of and interference protection for the 
relevant facilities. In addition, the Bureau will correct the incumbent 
earth station list by removing terminated earth station antennas and 
amending the list to no longer include any antennas in the list that 
are not operational C-band antennas, including over-registered antennas 
or antennas receiving in bands other than the 3.7 GHz band. Protection 
from interference from the network deployments of new wireless licenses 
and eligibility for reimbursement of any transition costs, including 
the cost of any filters, will be limited to those earth station 
antennas on the updated list.
---------------------------------------------------------------------------

    \11\ Notwithstanding an affirmation of continued operation, the 
Bureau retains the authority to eliminate an earth station antenna's 
incumbent status if the Bureau receives additional evidence that the 
antenna has failed to satisfy applicable requirements for 
maintaining operation or is otherwise ineligible to be considered an 
incumbent.
---------------------------------------------------------------------------

    Incumbent earth station operators who need to provide additional 
information to avoid harmful interference. As a reminder, while not 
subject to 90-days' notice, earth station operators that have not 
provided the necessary information to the Relocation Coordinator or 
satellite operators may not be successfully transitioned before 
terrestrial wireless licensees initiate service in the band.
    Unless those earth station operators provide the necessary 
information, they will risk losing their rights to receive relocation 
assistance prior to the initiation of service in the band by the 
incoming terrestrial wireless licensees, as well as any rights to 
operate in the lower C-band at their current locations free of harmful 
interference that may occur as these licensees deploy their networks.

Federal Communications Commission.
Nese Guendelsberger,
Deputy Chief, International Bureau.
[FR Doc. 2022-26494 Filed 12-8-22; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.