Wireless Telecommunications Bureau Adopts Final Deadlines for Submission of C-Band Reimbursement Claims, 86644-86646 [2023-27244]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86644-86646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27244]


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FEDERAL COMMUNICATIONS COMMISSION

[GN Docket No. 18-122; DA 23-1132; FR ID 190109]


Wireless Telecommunications Bureau Adopts Final Deadlines for 
Submission of C-Band Reimbursement Claims

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Wireless Telecommunications Bureau (WTB 
or Bureau) adopts two final reimbursement claims submission deadlines 
by which eligible incumbents and other eligible stakeholders are 
required to submit any outstanding transition-related claims to the C-
band Relocation Payment Clearinghouse (RPC) for processing as part of 
the ongoing transition of the 3.7-4.2 GHz band (C-band). On October 13, 
2023, the Bureau issued a Public Notice seeking comment on certain 
proposals advanced by the RPC, AT&T, Verizon, and SES relating to the 
conclusion of the C-band transition reimbursement program and wind down 
of the RPC's operations. After review of the record, WTB adopts: 
February 5, 2024, as the submission deadline to the RPC for all 
reimbursement claims for costs incurred and paid by claimants as of 
December 31, 2023, including all lump sum election claims by incumbent 
earth station operators; and July 1, 2024, as the submission deadline 
to the RPC for all reimbursement claims for costs incurred and paid by 
claimants after December 31, 2023.

DATES: Applicable December 5, 2023.

ADDRESSES: Federal Communications Commission, 45 L St NE, Washington, 
DC 20554.
    People with Disabilities. To request materials in accessible 
formats (braille, large print, electronic files, audio format) for 
people with disabilities, send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at (202) 418-0530.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Susan Mort of the Wireless Telecommunications 
Bureau, at (202) 418-2429 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, 
Wireless Telecommunications Bureau Adopts Final Deadlines for 
Submission of C-Band Reimbursement Claims, released on December 5, 
2023. The full text of this document is available for public inspection 
online at https://www.fcc.gov/document/wtb-adopts-c-band-claim-deadlines.
    1. With this Public Notice, the Wireless Telecommunications Bureau 
(WTB or Bureau) adopts two final reimbursement claims submission 
deadlines by which eligible incumbents and other eligible stakeholders 
are required to submit any outstanding transition-related claims to the 
C-band Relocation Payment Clearinghouse (RPC) for processing as part of 
the ongoing transition of the 3.7-4.2 GHz

[[Page 86645]]

band (C-band). On October 13, 2023, the Bureau issued a Public Notice 
seeking comment on certain proposals advanced by the RPC, AT&T, 
Verizon, and SES relating to the conclusion of the C-band transition 
reimbursement program and wind down of the RPC's operations. After 
review of the record, WTB adopts: (1) February 5, 2024, as the 
submission deadline to the RPC for all reimbursement claims for costs 
incurred and paid by claimants as of December 31, 2023, including all 
lump sum election claims by incumbent earth station operators; and (2) 
July 1, 2024, as the submission deadline to the RPC for all 
reimbursement claims for costs incurred and paid by claimants after 
December 31, 2023. WTB defers action on other proposals as detailed 
below.
    2. For the small number of anticipated claims that may be incurred 
and/or paid after July 1, 2024, whether a one-time or recurring cost, 
to be considered for reimbursement, the claimant must submit the 
claim(s) for RPC review through its Coupa portal and pursuant to its 
procedures before the July 1, 2024 deadline with the best supporting 
documentation and information available at that time. The Bureau 
directs the RPC and relevant claimants to coordinate in advance of the 
submission of such claims and, as appropriate, on a process and 
timeline for submitting any additional documentation that the RPC may 
deem necessary to evaluate the eligibility of such claims and safeguard 
against fraud, waste, or abuse. The Bureau strongly cautions claimants 
that all reimbursement claims, including the submission of any 
anticipated claims that have not been incurred and paid prior to July 
1, 2024, remain subject to the RPC's review and approval, consistent 
with its delineated responsibilities and the standards articulated in 
the 3.7 GHz Report and Order, and that no inferences are intended nor 
should be taken about the eligibility of any claims for reimbursement 
as part of the C-band transition reimbursement program by virtue of 
their submission for RPC review. The Bureau also cautions claimants 
that the submission of anticipated claims in this manner should not be 
viewed or used as a means to circumvent the finality of the final 
claims submission deadlines. Anticipated claims submitted through these 
means should be as specific in nature as possible and not open-ended, 
and claimants must still demonstrate that such claims meet the 
eligibility criteria established by the Commission in the 3.7 GHz 
Report and Order in order to be reimbursed. That said, WTB believes 
that there is sufficient latitude as part of the normal discourse 
between the RPC and claimants in the claims review process, and as part 
of our appeals process, to allow for subsequently amended claims in 
appropriate circumstances where an initial claim was timely filed.
    3. In addition, given that the RPC must complete its review of any 
such claims in the first instance, the Bureau believes that a waiver of 
sections 27.1415 or 27.1418(b)(2) of the Commission's rules, as 
suggested by Intelsat, is not necessary for any anticipated claims to 
be submitted to the RPC for review, nor would it be appropriate at this 
time as we decline to prejudge the merits of any individual future 
claims, particularly in the absence of any specific factual record on 
such claims before us at this juncture. To the extent that the relevant 
claimant and/or any 3.7 GHz Service Licensee(s) disagree with the RPC's 
initial determination on whether such claims are reimbursable, they may 
seek recourse from the RPC and the Bureau pursuant to our existing 
appeals procedures.
    4. The Bureau reminds all C-band transition claimants and other 
eligible stakeholders must submit all reimbursement claims to the RPC, 
including for lump sum elections, by the relevant deadline as set forth 
above. So long as a reimbursement claim is submitted to the RPC through 
its Coupa portal and pursuant to its procedures and our above guidance 
by the relevant deadline, even if the RPC later finds upon review that 
additional information is needed from the claimant in order to process 
the claim, a claimant's submission of a claim through Coupa and 
pursuant to the RPC's procedures and our above guidance is sufficient 
to meet our deadline requirement. The Bureau directs the RPC to 
consider any claims which are not submitted in this manner by the 
relevant deadline as untimely, and the RPC need not process or 
reimburse such claims. To the extent there is any question about which 
claims submission deadline is the relevant one for any given 
reimbursement claim, the RPC will make the initial determination, 
subject to Bureau review on appeal pursuant to our established 
procedures.
    5. In their ex parte, AT&T and Verizon requested that the 
Commission adopt certain deadlines to facilitate the conclusion of the 
C-band transition reimbursement process. The Bureau agrees that AT&T's 
and Verizon's proposals that the Commission specify when the RPC should 
issue a final funding request, set a deadline for the RPC to process 
all claims, and set a deadline for the RPC to finish its program audit 
are premature and, accordingly, the Bureau declines to make a 
determination on these proposals at this time. The Bureau likewise 
defers action on either a general or specific deadline by which the RPC 
must process individual reimbursement claims.
    6. While WTB does not believe that adoption of either a general or 
specific deadline for RPC processing is appropriate at this time, and 
could inadvertently delay the review process to the extent the Bureau 
was called to resolve any timing disputes, WTB directs the RPC to 
continue expeditiously processing both pending and future reimbursement 
claims upon receipt of all required information from claimants, while 
maintaining all necessary safeguards to prevent fraud, waste, and 
abuse. The RPC should prioritize the processing of any residual pending 
claims submitted prior to the release of this Public Notice with the 
goal of resolution by March 30, 2024, and strive to resolve any later 
submitted claims within 90 days from submission. By the same token, 
claimants are instructed to ensure that their claims are timely 
submitted to the RPC with all required documentation, and to promptly 
respond to the RPC's requests for supplemental information, which in 
most cases should be no later than 30 days from any such request. To 
the extent that the claimant is not responsive to the RPC's requests 
for supplemental information in a timely manner, the RPC may process 
related claims on the basis of the information previously submitted by 
such claimant.
    7. Finally, WTB declines to require any specific process measures 
that may unnecessarily limit the RPC in its ability to initially review 
claims or its duty to prevent fraud, waste, or abuse. WTB also 
clarifies that nothing in this Public Notice is intended to limit the 
RPC's ability to perform any necessary tasks to either: (1) recoup 
appropriate costs for the benefit of the C-band transition 
reimbursement program and the 3.7 GHz Service Licensees, such as 
through the sale of unused satellites; (2) as appropriate, perform 
true-ups, offsets, or other accounting practices relating to previously 
reimbursed claims based upon subsequent developments; and (3) evaluate 
and reconcile the 2% cap on soft costs as the reimbursement program 
winds down. The Bureau will continue to oversee the RPC's progress with 
a view towards facilitating the timely conclusion of the C-band 
transition reimbursement program and wind down

[[Page 86646]]

of the RPC's operations, and encourage the RPC to tailor its operations 
over time as it continues to make progress in bringing this program to 
a successful resolution.

Federal Communications Commission.
Amy Brett,
Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2023-27244 Filed 12-13-23; 8:45 am]
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