Federal Communications Commission	DA 25-477


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


In the Matter of

Expanding Flexible Use of the 3.7 to 4.2 GHz Band

3.7-4.2 GHz Band Transition Clearinghouse Dispute Referrals and Appeals

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GN Docket No. 18-122

WT Docket No. 21-333


ORDER

Adopted:  June 4, 2025	Released:  June 4, 2025 

By the Acting Chief, Wireless Telecommunications Bureau:

1. With this Order, the Wireless Telecommunications Bureau (Bureau) approves the C-band Relocation Payment Clearinghouse’s (RPC) request to wind down and cease operations on or about June 30, 2025. See Relocation Clearinghouse Request to Wind Down and Cease Operations and Request for Waivers, GN Docket No. 18-122 (filed May 12, 2025) (RPC Wind Down Request).  
  The Bureau also grants the RPC’s request for waiver of any provisions in the 3.7 GHz Report and Order and all applicable Commission rules, as described herein and to the extent necessary, to allow Verizon, on behalf of all the 3.7 GHz Service licensees, to directly assume responsibility for the RPC’s last outstanding program cost “in the event of a favorable Commission or favorable final court ruling regarding the pending appeal.” See RPC Wind Down Request at 3-8; Verizon Comments at 2.
  The Bureau also directs the RPC to submit a final certification attesting to the completion of all final RPC administrative activities once those steps are complete.
2. In the 3.7 GHz Report and Order, the Commission adopted rules to make 280 megahertz of mid-band spectrum available for flexible use throughout the contiguous United States by transitioning existing services out of the lower portion of the band and into the upper 200 megahertz of the C-band. See Expanding Flexible Use of the 3.7 to 4.2 GHz Band, GN Docket No. 18-122, Report and Order and Order of Proposed Modification, 35 FCC Rcd 2343 (2020) (3.7 GHz Report and Order), appeal and petition for review dismissed sub nom. PSSI Global Services, L.L.C. v. FCC, 983 F.3d 1 (D.C. Cir. 2020).
  The Commission required new 3.7 GHz Service licensees to reimburse the reasonable relocation costs of eligible Fixed Satellite Service (FSS) space station operators, incumbent FSS earth station operators, and incumbent Fixed Service licensees to transition out of the band. 3.7 GHz Report and Order, 35 FCC Rcd at 2391, 2465-66, paras. 111, 326.
  The 3.7 GHz Report and Order provided for the creation of an independent clearinghouse to administer, subject to the Commission’s rules and oversight, the cost-related aspects of the transition in a fair and transparent manner, “to mitigate financial disputes among stakeholders, and to collect and distribute payments in a timely manner.” Id. at 2446, para. 255; 47 CFR § 27.1414.  A search committee appointed by the Commission selected CohnReznick LLP and subcontractors Squire Patton Boggs (US) LLP, and Intellicom Technologies, Inc., to serve as the clearinghouse; the Bureau subsequently determined that the search committee’s selection satisfied the criteria set forth in section 27.1414 of the Commission’s rules and described in the 3.7 GHz Report and Order.  Expanding Flexible Use of the 3.7 to 4.2 GHz Band, GN Docket No. 18-122, Order, 35 FCC Rcd 11859 (2020); see 47 CFR § 27.1414; 3.7 GHz Report and Order, 35 FCC Rcd at 2450-52, paras. 273-80.
  
3. On May 12, 2025, the RPC submitted a request to wind down and cease its operations. See RPC Wind Down Request at 1; see also 3.7 GHz Report and Order, 35 FCC Rcd at 2452, para. 283 (“The Wireless Telecommunications Bureau is hereby directed to issue a Public Notice upon receipt of a request of the Clearinghouse to wind down and suspend operations.”).
  The RPC proposes to conclude its operations on or about June 30, 2025. RPC Wind Down Request at 1.
  In its request, the RPC states that it has completed all substantive functions required under the Commission’s rules and the 3.7 GHz Report and Order. Id. at 3-4.
  Specifically, the RPC notes that all reimbursement claims have been reviewed, every claim approved in whole or in part has been invoiced, and only a single claim remains pending appeal. Id. at 1-2 (also noting that all Accelerated Relocation Payments have been collected and disbursed).
  To address the sole outstanding claim by Anuvu Licensing Holdings, LLC (Anuvu) which is pending before the Commission on appeal and currently subject to a petition for de novo review, the RPC requests that the Bureau authorize any related payment to be administered directly by Verizon, on behalf of the 3.7 GHz Service licensees, in the event of a favorable Commission or favorable final court ruling regarding the pending appeal. Id. at 3 (noting that a single overlay licensee, Cellco Partnership (Verizon), has represented to the RPC that it has entered into an agreement with Anuvu to guarantee payment of the appealed claim in the event of a favorable Commission or favorable final court ruling, and that Verizon will then be solely responsible for collecting pro rata amounts from the other overlay licensees).  See also Verizon Comments at 2.
  The RPC also requests waiver of any provisions in the 3.7 GHz Report and Order and all applicable Commission rules, to the extent necessary, to allow Verizon on behalf of the 3.7 GHz Service licensees to assume responsibility for any such contingent payment to Anuvu. RPC Wind Down Request at 4-8.  The RPC sought waiver of  47 C.F.R. §§ 27.1414 (b), 27.1414 (b)(4)(iii), 27.1414(c)(1)-(3), 27.1415, 27.1416(b), 27.1417, and 27.1421.  
  Prior to ceasing operations, the RPC further asserts that it will address any remaining administrative activities. RPC Wind Down Request at  3-4.  Specifically, the RPC says it will: “(1) pay all invoiced Claims; (2) invoice and pay all Program administrative costs; (3) complete the True-Up and Reconciliation process for one remaining SSO; (4) refund the remaining reimbursement account balance to the [3.7 GHz Service licensees]; (5) prepare and submit a final quarterly report; (6) prepare and submit the final audited RPC financial statements; (7) archive and retain official RPC records; and (8) shut down RPC email systems, websites, and other operational systems.”  Id.

4. The RPC contends that its proposal to allow Verizon to directly assume responsibility for any future payment obligation to Anuvu on behalf of the 3.7 GHz Service licensees is warranted because “continued compliance would impose unnecessary burdens on the [p]rogram after the RPC has completed its primary mission, ceased active operations, and decommissioned its systems.” Id. at 4.
  The RPC also notes that, without the requested waivers, it “would be required to remain operational solely to administer a single potential future payment, maintain internal controls, and file periodic reports, that would impose unnecessary administrative burdens and costs inconsistent with the completed status of the transition.” Id.
  The RPC also represents that Verizon has agreed to take direct responsibility for any contingent payment obligation to Anuvu and collecting any pro rata amounts from the other 3.7 GHz Service licensees, and that Anuvu has agreed that the contingent payment commitment made by Verizon would relieve the RPC of any payment obligation to Anuvu. See id. at 3, n.5-6.

5. As directed by the 3.7 GHz Report and Order, the Bureau sought comment on the RPC’s wind down request and the proposed timelines. See Wireless Telecommunications Bureau Seeks Comment on the 3.7-4.2 GHz Relocation Payment Clearinghouse’s Request to Wind Down and Cease Operations, Public Notice, GN Docket No. 18-122 (May 14, 2025); 3.7 GHz Report and Order, 35 FCC Rcd at 2452, para. 283.
  Verizon and AT&T support RPC’s request, noting that grant will facilitate the cost-effective closure of the C-band relocation reimbursement program. Verizon Comments at 2; AT&T Comments at 2.
  No parties opposed the RPC’s requests.  In its comments, Verizon acknowledges its agreement “to pay Anuvu an amount up to $960,964.35 should Anuvu become entitled to such amounts under the claim” and that “Verizon will make any such required payment to Anuvu and will then be solely responsible for collecting pro rata amounts from the other [3.7 GHz Service licensees].” Verizon Comments at 2.
  AT&T supports the request due to Verizon’s commitment to handle any future disbursement. AT&T Comments at 2 (with the Anuvu contingent payment issue addressed, “there remains no reason for the RPC to continue to operate”). 

6. Based on review of the RPC’s requests, the responsive comments submitted in the record, and the lack of any objections thereto, we find that the RPC has demonstrated that it has completed all of the substantive functions required by the Commission’s rules and the 3.7 GHz Report and Order—with the sole exception of addressing any payment that may in the future be due to Anuvu.  We also find that the RPC has presented an acceptable plan for completing all remaining administrative functions in a timely manner on or about June 30, 2025. The RPC notes that “[c]easing and winding down operations necessarily includes the coordination of actions. Ceasing certain administrative functions—including the preparation and submission of the final quarterly report and audited financial statement, refunding to the OLs any final interest earned in the reimbursement account, archiving records, and shutting down systems—will promptly follow paying all claims and Program administrative costs, completing the final True-Up and Reconciliation Process, and refunding the balance of the reimbursement account. All these last actions are anticipated to occur on or about July 18, 2025.”  RPC Wind Down Request at n.8.
  Once all RPC administrative activities are complete, we direct the RPC to submit a final written certification of completion to the Bureau in GN Docket No. 18-122.  We further direct the RPC to arrange for the retention all of its records related to RPC program until the conclusion of the 3.7 GHz band transition proceeding, including the resolution of any outstanding matters, such as the Anuvu appeal.
7. We also find that it is in the public interest to grant the RPC’s request to allow Verizon, on behalf of the 3.7 GHz Service licensees, to assume direct responsibility for the potential payment of any required amounts up to $960,964.35 in the event of favorable Commission or favorable final court ruling on Anuvu’s claim and to waive any requirements in the 3.7 GHz Report and Order or Commission rules as necessary to facilitate this process.  Section 1.925 of the Commission’s rules provides that we may grant a request for waiver where it is shown that (i) “[t]he underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or (ii) [i]n view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative.” 47 CFR § 1.925(b)(3)(i).  While the RPC cites 47 CFR § 1.3’s general waiver standard, rather than the waiver provisions of 47 CFR § 1.925, which apply to wireless radio services proceedings, we note that these waiver standards have been found to be substantially the same.  See In re Application of Delta Radio, Inc., Memorandum Opinion and Order, 18 FCC Rcd 16,889, 16,891, para. 7 (2003) (citing Bellsouth Corporation v. FCC, 162 F.3d 1215, 1225 n.10 (D.C. Cir. 1999).
  
8. We find that permitting the assumption of the contingent payment obligation directly by Verizon on behalf of the 3.7 GHz Service licensees will further the public interest by allowing the RPC to wind down its operations in a timely manner, saving the RPC from incurring unnecessary expenses that would ultimately have to be paid by 3.7 GHz Service licensees and helping to bring the C-band relocation reimbursement program to a successful conclusion.  Given that this approach is supported by the affected parties and unopposed in the record, we see no reason to require the RPC to remain operational until the conclusion of Anuvu’s appeal.  Indeed, requiring the RPC to remain operational solely to address a single potential future payment would unnecessarily increase program costs and delay the successful completion of the program without yielding tangible public interest benefits.  Accordingly, we find that the public interest will be served by granting the RPC’s request to allow Verizon to assume direct responsibility for Anuvu’s contingent payment obligation on behalf of the 3.7 GHz Service licensees as described in the RPC’s Wind Down Request and, as necessary, waiving any remaining requirements upon the RPC arising from the 3.7 GHz Report and Order as well as sections 27.1414 (b), 27.1414 (b)(4)(iii), 27.1414(c)(1)-(3), 27.1415, 27.1416(b), 27.1417, and 27.1421 of the Commission’s rules to effectuate this assumption of responsibility.
9. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and section 1.925 of the Commission’s rules, 47 CFR § 1.925, and the authority delegated pursuant to sections 0.131 and 0.331 of the Commission’s rules, 47 CFR §§ 0.131, 0.331, and the 3.7 GHz Report and Order, that the requests filed by the C-band Relocation Payment Clearinghouse to wind down and cease operations on or about June 30, 2025, and for waiver of the 3.7 GHz Report and Order and sections 27.1414(b), 27.1414(b)(4)(iii), 27.1414(c)(1)-(3), 27.1415, 27.1416(b), 27.1417, and 27.1421 of the Commission’s rules, 47 CFR §§ 27.1414(b), 27.1414(b)(4)(iii), 27.1414(c)(1)-(3), 27.1415, 27.1416(b), 27.1417, and 27.1421, are GRANTED to the extent described herein.
10. The C-band Relocation Payment Clearinghouse is hereby DIRECTED to submit written certification to the Bureau upon completion of all outstanding administrative functions. 
11. This Order is effective upon release.

FEDERAL COMMUNICATIONS COMMISSION
 
 
 
 
Joel Taubenblatt
Acting Chief, Wireless Telecommunications Bureau

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