§  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.