*Pages 1--6 from Microsoft Word - 57735.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 06- 1279 Released: June 15, 2006 WIRELESS TELECOMMUNICATIONS BUREAU OPENS FILING WINDOW FOR PROPOSALS TO DEVELOP AND MANAGE THE CLEARINGHOUSE THAT WILL ADMINISTER THE RELOCATION COST SHARING PLAN FOR LICENSEES IN THE 2.1 GHZ BANDS (WT Docket No. 02- 353, ET Docket No. 00- 258) By this Public Notice, the Wireless Telecommunications Bureau (“ WTB” or “Bureau”) solicits proposals from entities who wish to act as a neutral, not- for- profit clearinghouse 1 responsible for facilitating cost sharing among entrants benefiting from the relocation of incumbent licensees in the 2.1 GHz bands. The Bureau will accept proposals until July 17, 2006, and will make the proposals available for public inspection. Comments on the specific proposals or on other issues related to the Bureau’s selection of a clearinghouse must be filed by July 31, 2006, and replies to comments on specific proposals must be filed by August 14, 2006. Background information. In the AWS Relocation and Cost Sharing Report and Order, 2 adopted April 12, 2006, the Commission established procedures for the relocation of Broadband Radio Service (BRS) operations from the 2150- 2160/ 62 MHz band. 3 The AWS Relocation and Cost Sharing Report and Order also established procedures for the relocation of Fixed Microwave Service (FS) operations from the 2160- 2175 MHz band and modified existing relocation procedures for the 2110- 2150 MHz and 2175- 2180 MHz bands. In addition, the 1 WTB will select one or more entities to operate as a neutral, not- for- profit clearinghouse( s). This clearinghouse( s) will administer the cost- sharing plan. See 47 C. F. R. §§ 27. 1162, 27. 1178. For convenience only, herein we refer to the clearinghouse in the singular. 2 Amendment of Part 2 of the Commission’s Rules to Allocate Spectrum Below 3 GHz for Mobile and Fixed Service to Support the Introduction of New Advanced Wireless Services, including Third Generation Wireless Systems, ET Docket No. 00- 258, Service Rules for Advances Wireless Services in the 1. 7 GHz and 2.1 GHz Bands, WT Docket No. 02- 353, Ninth Report and Order and Order, FCC 06- 45 (rel. April 21, 2006) (AWS Relocation and Cost Sharing Report and Order). 3 The Multipoint Distribution Service (MDS) was renamed the Broadband Radio Service (BRS) in the BRS R& O. See Amendment of Parts 1, 21, 73, 74 and 101 of the Commission’s Rules to Facilitate the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150- 2162 MHz and 2500- 2690 MHz Bands, WT Docket No. 03- 66, Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 14165 (2004) (“ BRS R& O and FNPRM”); Third Memorandum Opinion and Order and Second Report and Order, FCC 06- 46 (rel. April 27, 2006) (“ BRS Third MO& O and Second R& O”). Therefore, all former MDS licensees are now referred to as BRS licensees. BRS uses 2160- 2162 MHz only in the top 50 markets. In WT Docket 03- 66, as part of an overall restructuring of the BRS spectrum, the Commission established a channel plan in the 2496- 2690 MHz band that is designed to accommodate BRS licensees that currently operate in the 2150- 2160/ 62 MHz band. 1 4 Comments on proposals. Clearinghouse proposals will be available to the public. 9 Comments on the specific proposals or on other issues related to the Bureau’s selection of a clearinghouse must be filed by July 31, 2006, and replies to comments on specific proposals must be filed by August 14, 2006. Filing instructions. Under the Commission’s current procedures for the submission of filings and other documents, 10 submissions in this matter may be filed electronically (i. e., through ECFS) or by paper copy. EXCEPTION: Any material submitted with a request for non-disclosure pursuant to 47 C. F. R. § 0.459 must be filed by paper. Confidential filings are not permitted to be filed electronically. If filed by ECFS, 11 comments shall be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ ecfs. html. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e- mail. For ECFS filers, if multiple docket or rule making numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rule making number referenced in the caption. To get filing instructions for e- mail comments, commenters should send an e- mail to ecfs@ fcc. gov, and should include the following words in the body of the message, “get form .” A sample form and directions will be sent in reply. If filed by paper, the original and four copies of each filing must be filed by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission’s contractor will receive hand- delivered or messenger- delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. 9 “[ I] t is important for any person who submits materials which he wishes withheld from public inspection under 5 U. S. C. 552( b)( 4) to submit therewith a request for non- disclosure pursuant to 47 C. F. R. § 0.459. If it is shown in the request that the materials contain trade secrets or commercial, financial or technical data which would customarily be guarded from competitors, the materials will not be made routinely available for inspection; and a persuasive showing as to the reasons for inspection will be required in requests for inspection submitted under 47 C. F. R. § 0.461. In the absence of a request for non- disclosure, the Commission may, in the unusual instance, determine on its own motion that the materials should not be routinely available for public inspection. Ordinarily, however, in the absence of such a request, materials which are submitted will be made available for inspection upon request pursuant to 47 C. F. R. § 0. 461, even though some question may be present as to whether they contain trade secrets or like matter.” 47 C. F. R. § 0. 457( d)( 2). 10 See Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, 16 FCC Rcd 21483 (2001); see also FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence, Public Notice, 16 FCC Rcd 22165 (2001); Reminder: Filing Locations for Paper Documents and Instructions for Mailing Electronic Media, Public Notice, 18 FCC Rcd 16705 (2003). 11 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97- 113, Report and Order, 13 FCC Rcd 11322 (1998). 4 5 Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S. W., Washington, D. C. 20554. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. One copy of each pleading must be delivered electronically, by e- mail or facsimile, or if delivered as paper copy, by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (according to the procedures set forth above for paper filings), to the Commission’s duplicating contractor, Best Copy and Printing, Inc., at fcc@ bcpiweb. com, or (202) 488- 5563 (facsimile). Copies of the documents filed in this matter may be obtained from Best Copy and Printing, Inc. in person at 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, via telephone at (202) 488- 5300, via facsimile at (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. These documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S. W., Room CY- A257, Washington, D. C. 20554. The documents are also available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http:// www. fcc. gov. Permit- but- disclose proceeding. Because of the policy implications and potential impact of this proceeding on persons not parties hereto, we believe it would be in the public interest to treat all proposals filed in response to this Public Notice as a single, permit- but- disclose proceeding under the ex parte rules, see 47 C. F. R. §§ 1.1200( a), 1.1206. Therefore, subsequent to the release of this Public Notice, ex parte presentations that are made with respect to proposals, comments, or other issues involved herein will be allowed but must be disclosed in accordance with the requirements of Section 1.1206( b) of the Commission's Rules, 47 C. F. R. § 1.1206( b). Permit- but- disclose ex parte procedures permit interested parties to make ex parte presentations to the Commissioners and Commission employees and require that these presentations be disclosed in the record of the relevant proceeding. Persons making a written ex parte presentation to the Commissioners or Commission employees must file the written presentation with the Commission’s Secretary no later than the next business day after the presentation. 47 C. F. R. § 1.1206( b)( 1). Persons making oral ex parte presentations must file a summary of the presentation and deliver copies to the Commissioners or Commission employees involved with the presentation no later than the next business day after the presentation. 47 C. F. R. § 1.1206( b)( 2). All ex parte filings must be clearly labeled as such and must reference WT Docket No. 02- 353 and the DA number of this public notice, DA 06- 1279. Decision. WTB will base its decision on the information provided. Once WTB designates one or more clearinghouse managers, such designation( s) will take effect upon the execution by such clearinghouse manager( s) and the WTB of a Memorandum of Understanding (MOU). Once a decision has been made and MOUs executed, the Bureau will announce by public notice the names and addresses of the selected Database Managers. People with Disabilities. To request this Public Notice in accessible formats (computer diskette, large print, audio recording, and Braille) send an email to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at (202) 418- 0539 (voice), (202) 418- 0432 (TTY). 5 6 For further information, contact Mary Woytek, Broadband Division, Wireless Telecommunications Bureau, at (202) 418- 2487. By the Acting Chief, Wireless Telecommunications Bureau. -FCC- 6