Federal Communications Commission DA 21-866 DA 21-866 July 20, 2021 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES ADDITIONAL 2.5 GHZ RURAL TRIBAL PRIORITY WINDOW LICENSE APPLICATIONS ACCEPTED FOR FILING The Commission in 2019 created the 2.5 GHz Rural Tribal Priority Window for eligible Tribal entities to gain access to prime mid-band spectrum to deploy broadband and other next-generation wireless services to address the digital divide on rural Tribal lands. Transforming the 2.5 GHz Band, Report and Order, 34 FCC Rcd 5446, 5463, para. 47 (2019). On January 6, 2020, the Wireless Telecommunications Bureau (Bureau) released a public notice setting forth the procedures for eligible federally recognized Tribes to apply for 2.5 GHz spectrum licenses during the filing window. Wireless Telecommunications Bureau Announces Procedures for 2.5 GHz Rural Tribal Priority Window, Public Notice, 35 FCC Rcd 308 (WTB 2020) (Procedures Public Notice). Successful Tribal applicants will receive licenses for exclusive use of up to 117.5 megahertz of unassigned 2.5 GHz spectrum which can help serve the communications needs of their rural Tribal communities. The Wireless Telecommunications Bureau (Bureau) has already granted 262 licenses to Tribes or Tribally-controlled entities as part of its review of applications received during the filing window, which was open from February 3 to September 2, 2020. See Transforming the 2.5 GHz Band, Memorandum Opinion and Order, 35 FCC Rcd 8112 (WTB 2020) (extending the window from August 3, 2020 to September 2, 2020). With today’s Public Notice, an additional six applications have been accepted for filing. Specifically, the six Rural Tribal Priority Window applications (FCC Form 601) listed in Attachments A and B have been found, upon initial review, to be acceptable for filing. The Bureau has previously accepted 293 Tribal Priority Window applications for filing. See Wireless Telecommunications Bureau Announces First Round of 2.5 GHz Band Rural Tribal Priority Window License Applications Accepted for Filing, Public Notice, 35 FCC Rcd 10294 (WTB 2020); FCC Announces Additional 2.5 GHz Band Spectrum Tribal Window License Applications Accepted For Filing, Public Notice, 35 FCC Rcd 12850 (WTB 2020); FCC Announces Additional 2.5 GHz Band Spectrum Tribal Window License Applications Accepted For Filing, Public Notice, 36 FCC Rcd 285 (WTB 2021), FCC Announces Additional 2.5 GHz Band Spectrum Tribal Window License Applications Accepted For Filing, Public Notice, DA 21-410, (WTB rel. Apr. 8, 2021). Additional Rural Tribal Priority Window applications accepted for filing will be announced in one or more future public notices. The applications accepted for filing in Attachment A are sorted by file number; in Attachment B the same applications are sorted by applicant name. That an application has been accepted for filing means that the application, upon initial review, is complete and contains sufficient information to be accepted for processing and further review, including a required period during which public comment on the application is sought. Such acceptance for filing, however, does not mean that all application requirements have been met, nor does it mean that any waiver requested with the application will be granted. The Bureau may return or dismiss any application that is accepted for filing if, upon further examination, it is found to be defective or not in conformance with the Commission’s rules. See 47 CFR § 1.934(a), (d). For example, for applications seeking a license for areas that are not eligible rural Tribal Lands or for which the Tribal entity has not demontrated a local presence, See id. § 27.1204(b)(2), (4). Similarly, the acceptance for filing of an application seeking a license for land outside the applicant’s own Alaska Native Village Statistical Area does not mean that the applicant has made an adequate showing of local presence. See id. § 27.1204(b)(4). the fact that an application has been accepted for filing does not mean that the applicant has been granted a waiver. See 47 CFR § 1.925. Petitions to deny See 47 CFR § 1.939. the applications listed in Attachment A must be filed no later than August 19, 2021, thirty (30) days after the date of this Public Notice. Oppositions to a petition to deny must be filed no later than August 30, 2021, ten (10) days after the filing date for petitions to deny. 47 CFR §§ 1.45(b), 1.939(f). Replies to oppositions must be filed no later than September 7, 2021, five (5) business days after the filing date for oppositions. 47 CFR §§ 1.45(c), 1.939(f). All pleadings filed regarding Rural Tribal Priority Window application(s) should reference the file number of the application(s). All applications are restricted proceedings under the Commission’s rules. See 47 CFR § 1.1208 (Restricted proceedings). Unless otherwise provided by the Commission or its staff, ex parte presentations to or from Commission decision-making personnel are prohibited in all restricted proceedings until the proceeding is no longer subject to administrative reconsideration or review or judicial review. See 47 CFR § 1.1208. If no pleadings have been filed against an application, the applicant may make presentations concerning its application. See 47 CFR § 1.1208 n.1. Once a petition to deny or other pleading has been filed, however, any party, including the applicant, must give all other parties prior notice and an opportunity to be present before making any presentation to Commission staff. See 47 CFR §§ 1.1202, 1.1208. Any party filing a petition to deny shall serve a copy of the petition to deny on the applicant and on all other interested parties pursuant to 47 CFR § 1.47. The Commission may dismiss any petition to deny that does not comply with notice requirements. See 47 CFR § 1.939(g). Oppositions and replies shall be served on the petitioner and all other interested parties. See 47 CFR § 1.939(c). Pleadings may be filed electronically through the Commission’s Universal Licensing System (ULS), or by paper pursuant to the following instructions. Parties are strongly encouraged to file electronically using ULS. § Electronic Filers: Pleadings may be filed electronically using the Internet by accessing ULS: https://www.fcc.gov/wireless/systems-utilities/universal-licensing-system. Each screen indicates the information to be provided or the action(s) to be performed to complete that screen. From the ULS website, to begin the process of filing a pleading click on “SUBMIT A PLEADING.” The link takes the user to the Pleadings Information screen. Upon completing the Pleadings Information screen, click “CONTINUE” to go to the File Numbers/Call Signs screen. Upon providing the information required on that screen, complete steps three and four at the Attach File and Confirmation screens, respectively. For more information, detailed instructions can be found in the Public Notice announcing the implementation of electronic filing for pleadings. Wireless Telecommunications Bureau Enhances the Commission’s Universal Licensing System to Implement Electronic Filing for Pleadings, Public Notice, 21 FCC Rcd 424 (WTB 2006). § Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § As of March 19, 2020, the FCC is no longer accepting hand-delivered or messenger-delivered paper filings at FCC Headquarters due to the COVID-19 pandemic. FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Filing, Public Notice, DA 20-304 (OMD Mar. 19, 2020). Furthermore, after COVID-19 restrictions are lifted the new filing location for paper documents will be 9050 Junction Drive, Annapolis Junction, MD 20701. FCC Announces Closing of Filing Window at FCC Headquarters and Permanent Change in the Location and Hours for Receiving Hand-Carried Filings, Public Notice (OMD July 7, 2020). § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington, DC 20554. In addition, filers are asked to deliver one copy of each pleading electronically, by email, to RuralTribalWindow@fcc.gov. The applications listed in Attachments A and B are available to the public for electronic viewing through ULS. Any amendments to a FCC Form 601 application must also be filed electronically through ULS. For technical assistance in using ULS for viewing the application or filing an amendment to an application, contact the ULS Licensing Support Hotline at (877) 480-3201. The ULS Licensing Support Hotline is available Monday through Friday, from 8:00 A.M. to 6:00 P.M. Eastern Time. All calls to the ULS Licensing Support Hotline are recorded. Questions regarding procedural issues should be directed to RuralTribalWindow@fcc.gov. Copies of materials can be obtained from the FCC’s Reference Information Center at (202) 418-0270. Press contact: Cecilia Sulhoff at (202) 418-0587 or Cecilia.Sulhoff@fcc.gov. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Attachment A – 2.5 GHz Rural Tribal Priority Window Applications Accepted for Filing – Sorted by File Number Attachment B –2.5 GHz Rural Tribal Priority Window Applications Accepted for Filing – Sorted by Applicant 2