FCC Extends C-Band Registrations To October 17th And Freezes Space Station Applications New C-Band Data Collection On The Horizon

By Michael Bennet and Bob Silverman

In two public notices, the Federal Communications Commission International Bureau xtended by 90 days the filing window for C-band downlink operators in the 3.7-4.2 GHz band to register their stations (while also providing guidance and new filing options) and temporarily froze new Fixed Satellite Service (FSS) space station license applications and US market access requests. The C-band filing window was opened in April 2018 alongside a freeze of new FSS earth stations in order to preserve the 3.7-4.2 GHz landscape while the FCC considers new proposed rules for the band for 5G and wireless broadband use. The draft 3.7-4.2 GHz item is headlining the FCC's July open meeting. This newly extended C-band registration window impacts Multichannel Video Programming Distribution (MVPD) service providers as well as broadcasters using the band to deliver programming to affiliates.

Bottom Line: C-band operators now have until October to complete their license and registration applications, but soon may be subject to yet another information collection.

Background

On April 19th, 2018, the International, Public Safety and Homeland Security, and Wireless Telecommunications Bureaus announced an immediately-effective temporary freeze effective on the filing of new or modification applications for FSS earth station licenses, FSS receive-only earth station registrations, and fixed microwave licenses in the 3.7-4.2 GHz frequency band.3 The purpose of this freeze is to preserve the current landscape of authorized operations in the 3.7-4.2 GHz band pending Commission action as part of its ongoing inquiry into the possibility of permitting terrestrial broadband use and more intensive fixed use of the band. The Bureaus also opened a 90-day filing window during which C-band downlink operators in the 3.7-4.2 GHz band could file license or registration applications in the FCC's International Bureau Filing System (IBFS). To encourage operators to complete these filings, the Bureaus granted a rule waiver allowing C-band operators to file without coordination reports. Stations that do not provide coordination reports are not afforded interference protection, and the FCC indicated that it could require such reports in the future.

C-Band Filing Window Extended to October 17th

The C-Band downlink filing window has been extended by 90 days to October 17th, 2018. The Bureau indicates that many parties raised concerns about the volume of unregistered earth stations and that many operators have faced difficulties in preparing the information needed for filing. To address these concerns and to further encourage operators to provide accurate information for the FCC's deliberations, the Bureau provided a 90-day extension.

Clarification For New Batch Filing Option

To provide filers with financial relief from FCC application fees, the Bureau clarifies that applicants may file for multiple C-band antennas located at the same address or geographic location (e.g., an antenna farm) using a single form and paying a single $435 application fee.

Additionally, the Bureau waives certain sections of the FCC's rules to allow applicants that have large numbers of stations in multiple locations to file for a single "network" license and pay a single $10,620 application fee, which is the fee for a "Fixed Satellite VSAT System." This option provides a financial benefit essentially to those operators that must file for at least 25 stations in different locations.

Freeze Of New Space Station Applications

Concurrently with the C-band filing window extension, the FCC released a public notice temporarily freezing new FSS space station license applications and US market access requests effective June 21, 2018. Similar to the FSS earth station freeze, the purpose of the space station freeze is to preserve the current landscape of authorized operations in the 3.7-4.2 GHz band pending the FCC's deliberation regarding the future of the 3.7-4.2 GHz band.

Draft 3.7-4.2 GHz NPRM Proposes Additional C-Band Data Collection

The lead item on the FCC's next open meeting on July 12th, 2018 is the 3.7-4.2 GHz Notice of Proposed Rulemaking (NPRM) and Order. A draft of this item was released in June. Besides proposing rules on expanding terrestrial use of the band, including a mobile allocation and protecting satellite incumbents, the item will establish a brand new data collection seeking additional technical and location data from FSS earth station operators and FSS space station operators in order to evaluate the proposals in the NPRM.

For earth station operators in particular, the new data collection would require the following for each call sign (or file number if registration is pending):

• geographic location (using NAD83 coordinates);
• licensee and point of contact information;
• antenna gain;
• azimuth and elevation gain pattern;
• antenna azimuth relative to true north;
• antenna elevation angle;
• satellite(s) at which the earth station is pointed;
• transponder number(s) and how often each transponder is used: regularly (i.e., at least daily); infrequently; or for backup capacity;
• antenna site elevation and height above ground; and
• certification that the earth station was and is constructed and operational as of April 19, 2018.

To the extent that this additional information is already available in the IBFS, the draft item indicates that the Bureau may permit operators to certify that the information on IBFS remains accurate in lieu of providing the information again.

Next Steps

MVPDs and broadcasters that use the C-band downlink band at 3.7-4.2 GHz should use the added time to finalize their FCC license and/or registration applications. They also should get up to speed on the FCC's plans for the 3.7-4.2 GHz band to assess long-term plans to remain in and use the band for future operations.

If you have any questions regarding C-band registrations requirements or the draft 3.7-4.2 GHz NPRM and Order, or require assistance with any FCC applications, please contact Michael Bennet at michael.bennet@wbd-us.com or Bob Silverman at bob.silverman@wbd-us.com for more information.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.