Federal Communications Commission	DA 21-788


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


In the Matter of

Allocation of Spectrum for Non-Federal Space Launch Operations

Amendment of Part 2 of the Commission’s Rules for Federal Earth Stations Communicating with Non-Federal Fixed Satellite Service Space Stations; and

Federal Space Station Use of the 399.9-400.05 MHz Band
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ET Docket No. 13-115


RM 11341


ORDER

Adopted:  July 7, 2021	Released:  July 7, 2021

Comment Date:  August 11, 2021
Reply Comment Date:  September 10, 2021

By the Acting Chief, Office of Engineering and Technology

1. By this Order, the Office of Engineering and Technology of the Federal Communications Commission grants a 30-day extension of time for filing comments on the Further Notice of Proposed Rulemaking in the above-captioned proceedings, with reply comments due 30 days later.  With this extension, comments are due on August 11, 2021, and reply comments are due on September 10, 2021.
2. On April 22, 2021, the Commission adopted and released a Report and Order and Further Notice of Proposed Rulemaking (Further Notice). Allocation of Spectrum for Non-Federal Space Launch Operations, ET Docket No. 13-115, Report and Order and Further Notice of Proposed Rulemaking, FCC 21-44 (Apr. 22, 2021).
  Among other things, the Further Notice sought comment on new allocations and service rules for non-Federal space launch operations, expanded Federal use of non-Federal fixed and mobile satellite service bands, and use of the 399.9-400.05 MHz mobile satellite service band by Federal space stations. Id.
  The Further Notice was published in the Federal Register on June 10, 2021, stating that comments are due on July 12, 2021, and reply comments are due on August 9, 2021. Federal Communications Commission, Report and Order and Further Notice of Proposed Rulemaking, 86 Fed. Reg. 30860 (June 10, 2021).

3. On June 30, 2021, Blue Origin, Relativity Space Inc., Sierra Space Corp., Virgin Galactic, and Virgin Orbit (Requesters) filed a joint request to extend the comment and reply comment deadlines by 30 days each. Joint Request of Blue Origin, Relativity Space Inc., Sierra Space Corp., Virgin Galactic, and Virgin Orbit for Extension of Comment Deadline, ET Docket No. 13-115 (filed June 30, 2021), https://ecfsapi.fcc.gov/file/1063022185696/Joint%20Request%20for%20Extension%20-%20Commercial%20Space%20Launch%20FNPRM.pdf.
  Requesters assert that, among other things, “this proceeding involves complex technical questions, the answers to which are closely tied to cutting-edge spectrum use and rapidly evolving commercial space launch technology[,]” and that “[t]he policy issues involved are equally complex and far-reaching, with the potential to impact the entire commercial space launch industry.” Id. at 2.
  Requesters also note that “the comment period falls over two Federal holidays—Juneteenth National Independence Day and the Fourth of July.” Id. at 2, n.2.
  Accordingly, Requesters claim that “[a]n extension of time will allow interested parties and their experts the opportunity to better analyze the questions posed in the FNPRM and their real-world implications, thus allowing them to prepare more thorough responses.” Id. at 2.

4. As set forth in section 1.46 of the Commission’s rules, 47 CFR § 1.46.
 it is the policy of the Commission that extensions of time shall not be routinely granted.  The deadlines established by publication of the Further Notice in the Federal Register provided interested parties more than a month to submit comments, and an additional month for reply comments.  Nevertheless, given the technical complexity of issues in this proceeding, we find that Requesters have shown good cause for an extension of the comment cycle, and that the public interest will be served by extending the comment and reply deadlines to ensure a more fully developed record in response to the Further Notice.  Under such circumstances, we agree that an extension of 30 days for filing comments is warranted, with reply comments due 30 days later.
5. Accordingly, IT IS ORDERED, pursuant to sections 0.204, 0.291, and 1.46 of the Commission’s rules, 47 CFR §§ 0.204, 0.291, 1.46, that the Joint Request for Extension of Comment Deadline filed by Requesters on June 30, 2021 is GRANTED to the extent described herein.
6. IT IS ALSO ORDERED that the date for filing comments on the Further Notice is EXTENDED to August 11, 2021, and the date for filing reply comments is EXTENDED to September 10, 2021.
7. To request materials in accessible formats (such as Braille, large print, electronic files, or audio format), send an e-mail to: fcc504@fcc.gov, or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY).
8. For further information concerning this proceeding, please contact Thomas Struble, Office of the Chief Engineer, Office of Engineering and Technology, (202) 418-7581, Thomas.Struble@fcc.gov. 

FEDERAL COMMUNICATIONS COMMISSION

Ronald T. Repasi
Acting Chief
Office of Engineering and Technology 
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