[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Proposed Rules]
[Pages 59633-59635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23647]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 27

[WT Docket No. 13-225; DA 13-1877]


Wireless Telecommunications Bureau Opens Docket To Seek Comment 
on DISH Network Corporation's Petition for Waiver and Request for 
Extension of Time

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission announces the opening of WT 
Docket No. 13-225 and seeks comment on a Petition for Waiver and 
Request for Extension of time filed by DISH Network Corporation (DISH 
Request), which would enable more flexibility that would serve and 
promote the underlying objectives of the Commission to utilize all of 
the AWS-4 spectrum more robustly.

DATES: Submit comments on or before September 30, 2013. Submit reply 
comments on or before October 10, 2013.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554. You may submit comments, identified by WT Docket 
No. 13-225, DA 13-1877, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: (202) 418-
0530 or TTY: (202) 418-0432.
     Availability of Documents. Comments, reply comments, and 
ex parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW., CY-A257, Washington, 
DC, 20554. These documents will also be available via ECFS. Documents 
will be available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Matthew Pearl, Broadband Division, 
Wireless Telecommunications Bureau, at (202) 418-2607 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice released on September 13, 2013, DA 13-1877, that announced the 
opening of WT Docket No. 13-225 and that the Commission is seeking 
comment on a Petition for Waiver and Request Extension of Time filed by 
DISH Network Corporation (``DISH Request''). Copies of the DISH Request 
and any subsequently-filed documents in this matter may be obtained 
from Best Copy and Printing, Inc., in person at 445 12th Street SW., 
Room CY-B402, Washington, DC 20554, via telephone at (202) 488-5300, 
via facsimile at (202) 488-5563, or via email at [email protected]. The 
DISH Request and any associated 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 SW., Room CY-A257, Washington, DC 20554. The complete text is 
also available on the Commission's Web site at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-1877A1.docx. 
Alternative formats (computer diskette, large print, audio cassette, 
and Braille) are available by contacting Brian Millin at (202) 418-
7426, TTY (202) 418-7365, or via email to [email protected].

Summary

    1. On September 9, 2013, the DISH Network Corporation, on behalf of 
its wholly-owned subsidiaries, Gamma Acquisition LLC and New DBSD 
Satellite Services G.P. (collectively, DISH), filed a Petition for 
Waiver and a Request for Extension of Time (DISH Request) with the 
Wireless Telecommunications Bureau (Bureau). DISH filed its pleading as 
an attachment in the Universal Licensing System (ULS) to all of the 
AWS-4 licenses held by its wholly-owned subsidiaries, Gamma Acquisition 
LLC (Call Signs T060430001-T060430176) and New DBSD Satellite Services 
G.P. (Call Signs T070272001-T070272176). Specifically, DISH requests 
waiver of certain technical rules for the 2 GHz band at 2000-2020 MHz 
and 2180-2200 MHz (AWS-4 band) to permit operational flexibility to use 
the lower AWS-4 block, 2000-2020 MHz, currently designated as an uplink 
band, for either uplink or downlink operations. Pursuant to Sec. Sec.  
1.3 and 1.925(b)(3)(i) of the Commission's rules, DISH seeks a waiver 
of Sec.  27.5(j), which sets forth pairing requirements for AWS-4, and 
Sec.  27.53(h)(2)(ii), which imposes out-of-band emission limits for 
AWS-4 operations in the 2000-2020 MHz band, as well as other technical 
AWS-4 rules ``to the extent required.'' DISH Request at 2 & n.2, 6 & 
n.11, 9-12. See 47 CFR 27.5(j), 27.53(h)(2)(ii); see also Service Rules 
for Advanced Wireless Services in the 2000-2020 MHz and 2180-2200 MHz 
Bands, WT Docket Nos. 12-70, 04-356, ET Docket No. 10-142, Report and 
Order and Order of Proposed Modification, 27 FCC Rcd 16102 (2012) (AWS-
4 Report and Order), recon. pending. In addition, DISH requests an

[[Page 59634]]

extension of the final build-out requirement for each of the AWS-4 
licenses. Pursuant to Sec.  1.946(e) of the Commission's rules, DISH 
requests a one-year extension of the final construction requirement set 
forth for AWS-4 licenses in Sec.  27.14(q). See 47 CFR 27.14(q). The 
purpose of this public notice is to announce the opening of a docket, 
WT Docket No. 13-225, to seek comment on DISH's request and to 
establish the ex parte status of discussions related to the Petition 
for Waiver and Request for Extension of Time.
    2. DISH, which is also the Mobile Satellite Service licensee in the 
2000-2020 and 2180-2200 MHz bands, asserts that ``[g]rant of the 
requested flexibility will serve and promote the underlying objectives 
of the Commission's AWS-4 rules by enabling DISH to utilize all of the 
AWS-4 spectrum more robustly and by improving the extent to which the 
AWS-4 band coexists with future licensees in the adjacent H and J 
Blocks.'' See Service Rules for Advanced Wireless Services H Block--
Implementing Section 6401 of the Middle Class Tax Relief and Job 
Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz 
Bands, WT Docket No. 12-357, Report and Order, 28 FCC Rcd 9483 (2013) 
(H Block Report and Order); Amendment of the Commission's Rules with 
Regard to Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, 
and 2155-2180 MHz Bands; GN Docket No. 13-185, Notice of Proposed 
Rulemaking, FCC 13-102, rel. July 23, 2013 (AWS-3 NPRM). DISH further 
states that grant of such operational flexibility will permit AWS-4 
operations in the 2000-2020 MHz block to be harmonized with operations 
in the adjacent PCS band, and H and J Blocks, thus potentially 
providing up to 30 megahertz of contiguous downlink spectrum. If the 
requested relief is granted, DISH commits to file, ``as soon as 
commercially practicable but no later than 30 months after the grant of 
[its] petition . . . an election with the Commission stating whether it 
will deploy the 2000-2020 MHz band for downlink or uplink use.''
    3. With regard to its request for extension, DISH asserts that a 
one-year extension of the final build-out requirement for AWS-4 is 
``necessary for DISH to update its network and device planning to 
accommodate the requested flexibility.'' Among other things, DISH 
states that it will need to ``initiate work for a new standard from the 
3rd Generation Partnership Project (``3GPP'')[,] . . . restart work to 
design devices and base stations, and make substantial changes to its 
network planning.''

Procedural Matters

Ex Parte Presentations--Permit-But-Disclose Proceeding

    4. This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the ex parte rules. Persons making ex 
parte presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule Sec.  
1.1206(b). In proceedings governed by rule Sec.  1.49(f) or for which 
the Commission has made available a method of electronic filing, 
written ex parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.

Comment Period and Filing Procedures

    5. To allow the Commission to consider fully all substantive issues 
regarding the DISH Request in as timely and efficient a manner as 
possible, commenters should raise all issues in their initial filings. 
New issues may not be raised in responses or replies. A party or 
interested person seeking to raise a new issue after the pleading cycle 
has closed must show good cause why it was not possible for it to have 
raised the issue previously. Submissions after the pleading cycle has 
closed that seek to raise new issues based on new facts or newly 
discovered facts should be filed within 15 days after such facts are 
discovered. Absent such a showing of good cause, any issues not timely 
raised may be disregarded by the Commission.
    6. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     For ECFS filers, in completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket number. Parties may also submit an 
electronic comment by Internet email. To get filing instructions for 
email comments, commenters should send an email to [email protected], and 
should include the following words in the body of the message, ``get 
form.'' A sample form and directions will be sent in reply.
     Paper Filers: the original and one copy 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. All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing 
hours at this location are 8 a.m. to 7 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. Postal Service first-class, 
Express, and Priority mail should be addressed to 445 12th Street SW., 
Washington, DC 20554. All filings must

[[Page 59635]]

be addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission, 445 12th Street SW., Washington, DC 
20554.
     One copy of each pleading must be delivered 
electronically, by email 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: (1) The Commission's 
duplicating contractor, Best Copy and Printing, Inc., at 
[email protected] or (202) 488-5563 (facsimile); and (2) Matthew Pearl, 
Broadband Division, WTB, at [email protected] or (202) 418-7247 
(facsimile). Any submission that is emailed to Best Copy and Printing 
should include in the subject line of the email: (1) The docket number 
of this proceeding, which is listed on the first page of this public 
notice; (2) the name of the submitting party; and (3) a brief 
description or title identifying the type of document being submitted 
(e.g., WT Docket No. 13-225, [name of submitting party], Notice of Ex 
Parte Communication).
     People with Disabilities. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
     Availability of Documents. Comments, reply comments, and 
ex parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW., CY-A257, Washington, 
DC, 20554.
    These documents will also be available via ECFS. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat.

Federal Communications Commission
Blaise A. Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2013-23647 Filed 9-26-13; 8:45 am]
BILLING CODE 6712-01-P