Goto Section: 27.1411 | 27.1413 | Table of Contents
FCC 27.1412
Revised as of September 1, 2021
Goto Year:2020 |
2022
§ 27.1412 Transition Plan.
(a) Relocation deadlines. Eligible space station operators are
responsible for all necessary actions to clear their transponders from
the 3700-4000 MHz band (e.g., launching new satellites, reprogramming
transponders, exchanging customers) and to migrate the existing
services of incumbent earth stations in CONUS to the 4000-4200 MHz band
(unless the incumbent earth station opts out of the formal relocation
process, per paragraph (e) of this section), as of December 5, 2025.
Eligible space station operators that fail to do so will be in
violation of the conditions of their license authorization and
potentially subject to forfeitures and other sanctions.
(b) Accelerated relocation deadlines. An eligible space station
operator shall qualify for accelerated relocation payments by
completing an early transition of the band to the 3.7 GHz Service.
(1) Phase I deadline. An eligible space station operator shall receive
an accelerated relocation payment if it clears its transponders from
the 3700-3820 MHz band and migrates all associated incumbent earth
stations in CONUS above 3820 MHz no later than December 5, 2021 (Phase
I deadline). To satisfy the Phase I deadline, an eligible space station
operator must also provide passband filters to block signals from the
3700-3820 MHz band on all associated incumbent earth stations in PEAs
1-4, 6-10, 12-19, 21-41, and 43-50 no later than December 5, 2021 (see
§ 27.6(m)). If an eligible space station operator receives an
accelerated relocation payment for meeting this deadline, it must also
satisfy the second early clearing deadline of December 5, 2023.
(2) Phase II deadline. An eligible space station operator shall receive
an accelerated relocation payment if it clears its transponders from
the 3700-4000 MHz band and migrates incumbent earth stations in CONUS
above 4000 MHz no later than December 5, 2023 (Phase II deadline). To
satisfy the Phase II deadline, an eligible space station operator must
also provide passband filters on all associated incumbent earth
stations in CONUS no later than December 5, 2023.
(3) Transition delays. An eligible space station operator shall not be
held responsible for circumstances beyond their control related to
earth station migration or filtering.
(i) An eligible space station operator must submit a notice of any
incumbent earth station transition delays to the Wireless
Telecommunications Bureau within 7 days of discovering an inability to
accomplish the assigned earth station transition task. Such a request
must include supporting documentation to allow for resolution as soon
as practicable and must be submitted before the accelerated relocation
deadlines.
(ii) [Reserved]
(4) Responsibility for meeting accelerated relocation deadlines. An
eligible space station operator's satisfaction of the accelerated
relocation deadlines shall be determined on an individual basis.
(c) Accelerated relocation election. An eligible space station operator
may elect to receive accelerated relocation payments to transition the
3700-4000 MHz band to the 3.7 GHz Service according to the Phase I and
Phase II deadlines via a written commitment by filing an accelerated
relocation election in GN Docket No. 18-122 no later than May 29, 2020.
(1) The Wireless Telecommunications Bureau will prescribe the precise
form of such election via Public Notice no later than May 12, 2020.
(2) Each eligible space station operator that that makes an accelerated
relocation election will be required, as part of its filing of this
accelerated relocation election, to commit to paying the administrative
costs of the Clearinghouse until the Commission awards licenses to the
winning bidders in the auction, at which time those administrative
costs will be repaid to those space station operators.
(d) Transition Plan. Eligible space station operators must file with
the Commission in GN Docket No. 18-122 no later than June 12, 2020, a
Transition Plan that describes the actions that must be taken to clear
transponders on space stations and to migrate and filter earth
stations. Eligible space station operators must make any necessary
updates or resolve any deficiencies in their individual Transition
Plans by August 14, 2020.
(1) The Transition Plan must detail the eligible space station
operator's individual timeline and necessary actions for clearing its
transponders from the 3700-4000 MHz band, including:
(i) All existing space stations with operations that will need to be
transitioned to operations above 4000 MHz;
(ii) The number of new satellites, if any, that the space station
operator will need to launch in order to maintain sufficient capacity
post-transition, including detailed descriptions of why such new
satellites are necessary;
(iii) The specific grooming plan for migrating existing services above
4000 MHz, including the pre- and post-transition frequencies that each
customer will occupy;
(iv) Any necessary technology upgrades or other solutions, such as
video compression or modulation, that the space station operator
intends to implement;
(v) The number and location of incumbent earth stations antennas
currently receiving the space station operator's transmissions that
will need to be transitioned above 4000 MHz;
(vi) An estimate of the number and location of incumbent earth station
antennas that will require retuning and/or repointing in order to
receive content on new transponder frequencies post-transition; and
(vii) The specific timeline by which the space station operator will
implement the actions described in its plan including any commitments
to satisfy an early clearing.
(2) To the extent that incumbent earth stations are not accounted for
in eligible space station operators' Transition Plans, the Relocation
Coordinator must prepare an Earth Station Transition Plan for such
incumbent earth stations and may require each associated space station
operator to file the information needed for such a plan with the
Relocation Coordinator.
(i) Where space station operators do not elect to clear by the
accelerated relocation deadlines and therefore are not responsible for
earth station relocation, the Earth Station Transition Plan must
provide timelines that ensure all earth station relocation is completed
no later than the relocation deadline.
(ii) The Relocation Coordinator will describe and recommend the
respective responsibility of each party for earth station migration and
filtering obligations in the Earth Station Transition Plan and assist
incumbent earth stations in transitioning including, for example, by
installing filters or hiring a third party to install such filters to
the extent necessary.
(e) Incumbent earth station opt-out. An incumbent earth station within
the contiguous United States may opt out of the formal relocation
process and accept a lump sum payment equal to the estimated reasonable
transition costs of earth station migration and filtering, as
determined by the Wireless Telecommunications Bureau, in lieu of actual
relocation costs. Such an incumbent earth station is responsible for
coordinating with the relevant space station operator as necessary and
performing all relocation actions on its own, including switching to
alternative transmission mechanisms such as fiber, and it will not
receive further reimbursement for any costs exceeding the lump sum
payment. An incumbent earth station electing to opt out must inform the
appropriate space station operator(s) and the Relocation Coordinator
that earth station migration and filtering will not be necessary for
the relevant earth station site and must coordinate with operators to
avoid any disruption of video and radio programming.
(f) Space station status reports. On a quarterly basis, beginning
December 31, 2020: Each eligible space station operator must provide a
status report of its clearing efforts. Eligible space station operators
may file joint status reports.
(g) Certification of accelerated relocation. Each eligible space
station operator must file a timely certification that it has completed
the necessary clearing actions to satisfy each accelerated relocation
deadline. The certification must be filed once the eligible space
station operator completes its obligations but no later than the
applicable accelerated relocation deadline. The Wireless
Telecommunication Bureau will prescribe the form of such certification.
(1) The Bureau, Clearinghouse, and relevant stakeholders will have the
opportunity to review the certification of accelerated relocation and
identify potential deficiencies. The Wireless Telecommunications Bureau
will prescribe the form of any challenges by relevant stakeholders as
to the validity of the certification and will establish the process for
how such challenges will impact the incremental decreases in the
accelerated relocation payment as set- forth in § 27.1422(d).
(2) If credible challenges as to the space station operator's
satisfaction of the relevant deadline are made, the Bureau will issue a
public notice identifying such challenges and will render a final
decision as to the validity of the certification no later than 60 days
from its filing. Absent notice from the Bureau of any such deficiencies
within 30 days of the filing of the certification, the certification of
accelerated relocation will be deemed validated.
(h) Delegated authority. The Wireless Telecommunications Bureau is
delegated the role of providing clarifications or interpretations to
eligible space station operators of the Commission's orders for all
aspects of the transition.
Goto Section: 27.1411 | 27.1413
Goto Year: 2020 |
2022
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