Federal Communications Commission	DA 20-632


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Unlicensed Use of the 6 GHz Band


Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 24 GHz 

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ET Docket No. 18-295


GN Docket No. 17-183

ORDER

Adopted: June 16, 2020	Released:  June 16, 2020

By the Acting Chief, Office of Engineering and Technology:

1. In this Order, the Office of Engineering and Technology denies the request of Ultra Wide Band Alliance (UWB Alliance) to extend the deadline for filing comments and replies in the above-mentioned proceeding.  
2. UWB Alliance filed the request seeking a 30-day extension on June 5, 2020.  In its request, UWB Alliance presented three reasons why the extension would be appropriate. UWB Alliance, Request for Extension of Time, ET Docket No. 18-295 (filed June 5, 2020); see also UWB Alliance, Updated Request for Extension of Time, ET Docket No. 18-295 (filed June 12,2020) (clarifying the correct date for the extension of time).
  First, UWB Alliance claims the current 30-day comment period does not permit the type of consideration necessary for meaningful comment, “particularly when considering the diversity of industries and applications that currently utilize UWB solutions and will be impacted by such a proceeding.”  Second, the requested extension will result in a more developed record, which “will hasten, not hinder, the Commission’s decision-making in this proceeding.”  Third, UWB Alliance claims that the continued shut-down due to the COVID-19 pandemic has made the normal operation of business exceedingly difficult for commenters and indicated that lab-based testing, which would be required to thoughtfully answer the Commission’s questions has been greatly hampered. 
3. On June 12, 2020, Wi-Fi Alliance filed an Opposition to the Request for Extension of Time, arguing that UWB Alliance did not sufficiently justify its request.  Wi-Fi Alliance argues that granting the request will delay unlicensed use in the 6 GHz band. Wi-Fi Alliance, Opposition to Request for Extension of Time, ET Docket No. 18-295, at 1 (filed June 12, 2020).
  It claims that none of the reasons cited by UWB Alliance meet the Commission’s standard for an extension of time.  Similarly, NETGEAR, Inc. filed an Opposition to the Extension of Time arguing that the requested delay “will not add significant information to the process and will hamper product development in the 6 GHz band,” and could result in millions of dollars of revenue lost. NEATGEAR, Inc., Opposition to Request for Extension of Time, ET Docket No. 18-295 (filed June 15, 2020).

4. It is the general policy of the Commission that extensions of time shall not be routinely granted. 47 CFR § 1.46(a).
  Under the circumstances presented, we conclude that the due dates for the comments and replies in this proceeding will not be extended.  The window originally provided for comments and reply comments is adequate to develop complete, fully supported comments and reply comments.  Such timeframes have been used in the majority of proceedings—a number of them addressing highly complicated matters.  We also note that no other party filed a similar request for extension of time.  Even though the COVID-19 pandemic has affected normal business operations, most, if not all, of the States have started to resume business activities, which should provide the ability to conduct most, if not all, tests that parties plan to conduct.  Finally, because interested parties are permitted to make ex parte presentations to introduce supplemental materials once the notice-and-reply comment cycle has closed, any testing that is completed following the comment and reply deadlines can be filed in the record in this manner.
5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 5 of the
Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 155, and sections 0.31, 0.241, 1.46, and 1.415 of the Commission’s rules, 47 CFR §§ 0.31, 0.241, 1.46, and 1.415, that the extension requests filed by UWB Alliance on June 5, 2020 and updated on June 11, 2020, IS DENIED, as discussed above, and the deadlines for filing comments and reply comments in response to this proceeding are not extended. 


FEDERAL COMMUNICATIONS COMMISSION



Ronald T. Repasi 
Acting Chief
Office of Engineering and Technology 





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