If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.

FCC Approves Latest Set of COVID-19 Telehealth Program Applications, Bringing Approvals to $33 million

On May 13, 2020, the FCC’s Wireline Competition Bureau (“WCB”) approved 33 funding applications for the COVID-19 Telehealth Program. Under the latest funding round, $8.36 million will go to health care providers across 18 states for telehealth services during the pandemic. With this latest set of application, the FCC’s COVID-19 Telehealth Program has approved and funded 82 health care providers in 30 states for a total of $33.26 million in funding. Congress authorized up to $200 million in funding for the program.

Over 750 Providers Extend Keep Americans Connected Pledge

On May 14, 2020, the FCC announced that 774 broadband and telephone service providers have taken the Keep Americans Connected Pledge and extended that commitment through June 30, 2020. On April 30, 2020, Chairman Pai announced he was extending the Pledge, originally set to expire on May 12, to June 30. Since Pai’s announcement, the number of companies covered by the Pledge has increased, as more companies have signed onto the Pledge for the first time than declined to extend it. The pledge involves service providers committing to not terminate service, to waive late fees for residential and small business customers who cannot pay during the pandemic, and to make their Wi-Fi hotspots available to any American who needs them.

In the latest episode of Kelley Drye's Full Spectrum podcast, we discuss the unique issues the Keep Americans Connected Pledge creates in a bankruptcy proceeding involving an affected customer. Click here to listen.

Consumer and Government Affairs Bureau Extends Temporary Waivers for Relay Services Rules

On May 14, 2020, FCC’s Consumer and Governmental Affairs Bureau extended temporary waivers (DA 20-517) through June 30, 2020 for Telecommunications Relay Service (“TRS”) providers to ensure relay services remain available for individuals who are deaf, hard of hearing, deafblind, or have a speech disability. These waivers extend actions previously taken to grant TRS providers flexibility.

WTB Permits More WISPs to Use 5.9 GHz Spectrum on a Temporary Basis

Last week, the FCC’s Wireless Telecommunications Bureau (“WTB”) granted requests by United Wireless Communications, Inc. and Comcell, Inc. for emergency Special Temporary Authority (“STA”) to operate in the 5850-5895 MHz band to provide relief during the pandemic. The grants are for a period of 60 days, provided the applicant files a complete FCC Form 601 application within 10 days. These actions are part of the FCC’s continued effort to improve communications and broadband service in rural and other hard-to-serve areas during the pandemic.

WTB Grants GE Healthcare Waiver to Expedite Medical Equipment from New Suppliers

On May 11, 2020, the WTB granted GE Healthcare’s request for a waiver (DA 20-489) to allow the importation, marketing, and operation of certain GE medical devices, including wearable patient monitors, diagnostic testing systems, and portable x-rays. The action will enable GE Healthcare to overcome disruptions in the medical device supply chain. Without the waiver, many of GE’s devices that are sourced from new suppliers or that contain new components would have required prior FCC equipment certification.

If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.

FCC Approves More COVID-19 Telehealth Program Applications, Waives Red Light Rule for Program Applicants

On April 23, 2020, the FCC’s Wireline Competition Bureau (“WCB”) approved six more funding applications for the COVID-19 Telehealth Program. The $2.56 million in funding will go to health care providers in hard-hit areas like New York, California, and Maryland. Days earlier, the WCB approved five other funding applications, including $3.71 million to providers in California and Michigan. To date, the Telehealth Program has funded 17 health care providers in 10 states for a total of $9.5 million in funding. Congress appropriated $200 million to the FCC for the Telehealth Program as part of the recently-enacted CARES Act. The FCC is continuing to evaluate Telehealth Program applications at a rapid pace and distribute additional funding on a rolling basis.

The FCC’s Office of Managing Director and WCB also decided to waive the FCC’s “red light” rule for Telehealth Program applicants to facilitate prompt review and processing of the maximum number of applications to the Program. The “red light” rule normally prevents the FCC from taking action on applications and other requests by entities with delinquent debts with the agency. While the FCC found good cause existed to waive the “red light” rule, the agency was clear that the waiver only applied to the Telehealth Program and did not affect the agency’s ability to take collection action against delinquent debtors.

Join us for a webinar on April 28, 2020, as we discuss these issues and other details of the Telehealth Program, including healthcare provider eligibility criteria, funding coverage, and key application considerations. Register here.

FCC Joins Department of Education to Promote $16 Billion in Funding for Remote Learning

On April 27, 2020, the FCC and the Department of Education announced joint efforts to promote remote learning funding opportunities to school and state officials under the recently-enacted CARES Act. Specifically, the CARES Act established an Education Stabilization Fund with approximately $16 billion currently available in grants to schools and state governors to purchase devices and services to facilitate remote learning while educational institutions remain closed due to the pandemic. While the Department of Education will handle the actual funding disbursements, the FCC will identify local service providers for participating schools and governors that may be able to provide devices and broadband connectivity to support remote learning. Like the Telehealth Program, the Education Stabilization Fund is another example of the multi-prong approach taken by the federal government to spur broadband deployment and adoption during the pandemic to assist social distancing and stay-at-home orders.

FCC Grants Additional Temporary Spectrum Access Requests

On April 23, 2020, the FCC’s Wireless Telecommunications Bureau (“WTB”) granted NTUA Wireless, LLC’s emergency Special Temporary Authority (“STA”) request to operate in certain 700 MHz band spectrum in Arizona and Utah. The WTB also granted STA requests from T-Mobile License LLC and Medicine Wheel Website Design as part of the FCC’s continued effort to improve communications and broadband service in rural and other hard-to-serve areas during the crisis. The STA grants show that the FCC is open to requests to use otherwise fallow spectrum to improve communications and broadband services in the near-term.

Comments on TRS Emergency Waiver Petition Due May 4

On April 20, 2020, the FCC’s Consumer and Governmental Affairs Bureau announced via Public Notice that it is seeking comment on a Petition for Emergency Waiver and Declaratory Ruling filed by Telecommunications for the Deaf and Hard of Hearing, Inc. and other consumer advocacy groups. The groups ask the Commission to (1) temporarily waive the Telecommunications Relay Services (“TRS”) user registration and per-call validation rules to increase TRS access for persons with hearing and speech disabilities during the COVID-19 pandemic and (2) issue a declaratory ruling that TRS providers can receive compensation from the TRS Fund for the distribution of software used for TRS access by deafblind individuals, including those who do not qualify as low-income individuals under the National DeafBlind Equipment Distribution Program. Comments on the petition are due May 4, 2020, and may be filed electronically at https://www.fcc.gov/ecfs/.

If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.

FCC Establishes the COVID-19 Telehealth Program

On April 2, 2020, the FCC issued a Report and Order (FCC-20-44) establishing the COVID-19 Telehealth Program. The COVID-19 Telehealth Program will provide $200 million in funding, appropriated by Congress as part of the CARES Act, to help health care providers provide connected care services to patients at their homes or mobile locations. The COVID-19 Telehealth Program will provide immediate support to eligible health care providers responding to the COVID-19 pandemic by fully funding telecommunications services, information services, and devices purchased on or after March 13, 2020 until the program’s funds have been expended or the COVID-19 pandemic has ended. The COVID-19 Telehealth Program represents the FCC’s most significant action yet to ensure telehealth services remain affordable and available during the crisis.

On April 8, 2020, the Wireline Competition Bureau (“WCB”) released guidance on the COVID-19 Telehealth applications process. The barriers to funding are relatively low. There are three steps interested providers should take immediately to prepare to apply for the COVID-19 Telehealth Program: (1) obtain an eligibility determination from the Universal Service Administrative Company (“USAC”); (2) obtain an FCC Registration Number (“FRN”); and (3) register with the System for Award Management. The WCB recommends that potential applicants undertake these steps now to apply for the early stages of funding.

On April 10, 2020, the WCB announced via Public Notice (DA 20-403) that it will begin to accept applications for the COVID-19 Telehealth Program beginning today, April 13, 2020 at 12:00 PM ET. Applications for the program may be filed through a dedicated application portal, available on the COVID-19 Telehealth Program page: www.fcc.gov/covid19telehealth. The WCB will accept applications on a rolling basis. To assist applicants in preparing their applications, the WCB will hold a webinar today, April 13, 2020 at 11:00 AM ET, which also will be available on the COVID-19 Telehealth Program page: www.fcc.gov/covid19telehealth. The presentation will assist interested parties in navigating the application portal and provide answers to frequently asked questions regarding the COVID-19 Telehealth Program’s application process. The webinar will remain publicly available for viewing.

FCC Adopts Connected Care Pilot Program

On April 2, 2020, in the same Report and Order (FCC 20-44) establishing the COVID-19 Telehealth program, the FCC adopted the Connected Care Pilot program. This three-year Pilot Program will provide universal service support to help defray certain health care provider costs incurred in delivering connected care services, with a primary focus on services aimed at low-income or veteran patients. The FCC will support selected pilot projects to help health care providers improve health outcomes and reduce health care costs, thereby supporting efforts to advance connected care initiatives. The Pilot Program also would study how connected care could become a permanent part of the Universal Service Fund. All eligible nonprofit and public health care providers that fall within the statutory categories under section 254(h)(7)(B) of the Communications Act, regardless of whether they are non-rural or rural, can apply for funding under the Pilot Program.

FCC Extends E-Rate Program Deadlines

On April 1, 2020, the WCB granted extensions of key deadlines for participants in the Schools and Libraries (or E-Rate) program (DA 20-364). Specifically, the Bureau waived the service implementation deadline for special construction projects for all funding year 2019 applicants and extended the deadline for funding year 2020 applicants by one year (from June 30, 2020 to June 30, 2021). Under the FCC’s rules, applicants normally must complete special construction projects and the network must be in use by June 30th of the applicable funding year. With schools and libraries closed for lengthy periods of time, the Bureau recognized that service providers may not be allowed on the premises and may experience significant challenges in meeting this construction deadline. The Bureau also (1) extended the service delivery deadline for nonrecurring services for funding year 2019 by one year (from September 30, 2020 to September 30, 2021); (2) granted schools and libraries an automatic 60-day extension to file requests for review or waiver of decisions by USAC; (3) provided applicants and service providers an automatic 120-day extension of the invoice filing deadline; and (4) gave all program participants an additional 30-day extension to respond to certain information requests from USAC.

FCC, FTC Demand Gateway Providers Cut Off Robocallers

On April 3, 2020, the FCC and the Federal Trade Commission (“FTC”) demanded that service providers take action to stop coronavirus-related scam robocalls from bombarding American consumers. They specifically warned three gateway communications providers allegedly facilitating COVID-19-related scam robocalls originating overseas that they must take action to stop carrying these calls or face serious consequences. Specifically, if the providers do not take action to address the scam robocalls, the FCC will allow other providers to block all traffic from these gateway providers’ networks. The FCC and FTC have been working closely with the Department of Justice (“DOJ”) on this first-of-its-kind effort to stop scammers from reaching American consumers. The warning shows that the FCC, FTC, and other agencies plan to aggressively address consumer protection-related issues during the crisis. Click here to read more about the FCC and FTC actions.

Chairman Pai Announces More Keep Americans Connected Signatories

On March 25, 2020, Chairman Pai announced that additional service providers have signed the Keep Americans Connected Pledge (see our coverage of the pledge here). Under the pledge, service providers agree to forgo service terminations due to inability to pay, waive late fees, and open Wi-Fi hotspots for those who need them for a 60-day period. There are now 626 service providers and 14 trade associations that have signed the Chairman’s pledge.

FCC Enables Rural Broadband Providers to Waive Certain Consumer Fees

On April 1, 2020, the WCB approved waiver requests from the National Exchange Carrier Association (“NECA”) and John Staurulakis, Inc. (“JSI”) to allow the two organizations to quickly implement tariff changes to ensure that NECA and JSI participant companies have the flexibility to meet the Keep Americans Connected pledge during the COVID-19 pandemic. The WCB’s action immediately permitted waivers of late payment penalties as well as installation and early cancellation fees that the providers normally would be required to assess in accordance with their tariffs. The WCB’s waiver deserves close attention by tariffed service providers and signals the agency’s openness to regulatory relief benefitting consumers.

FCC Waives Restrictions on Hiring Contractors for ASL Interpretation Services

On April 3, 2020, the Consumer and Government Affairs Bureau granted a temporary, limited waiver of the Commission’s rule restricting providers of video relay service (“VRS”) from contracting for video interpretation services with an entity that is not itself an eligible provider (DA 20-378). With increased VRS traffic levels and employee absences due to health concerns, school closures, and other restrictions imposed by state and local authorities, VRS providers continue to face a shortage of interpreters able to work as communications assistants. By allowing VRS providers additional flexibility to contract for qualified American Sign Language (“ASL”) interpreting from other entities, such as providers of video remote interpreting, the FCC hopes to alleviate this shortage.

FCC Postponing 3.5 GHz Auction on Account of COVID-19

On March 25, 2020, the FCC announced a one-month postponement of the 3.5 GHz auction (3550-3650 GHz) in the Citizen’s Broadband Radio Service (“CBRS”), a.k.a. Auction 105 (DA 20-330). The Commission cited the need to protect the health and safety of Commission staff during the auction and the ancillary benefit that parties would have additional time to prepare to participate. FCC Chairman Ajit Pai reiterated the agency’s commitment to hold the auction this summer. The auction is the first in the so-called mid-band, a range of spectrum seen as critical to the rollout of 5G wireless applications. Commissioner Michael O’Rielly tweeted that a further delay would be unlikely absent absolutely compelling circumstances. The start of the auction has been postponed to July 23, 2020 (from June 25, 2020), and the new short-form application filing window is April 23 through May 7, 2020. For more information on the postponement and the auction, please see our blog post.

Wireline Competition Bureau Extends Mozilla Remand Comment Cycle

On March 25, 2020, in response to a March 11, 2020, petition asking for a 30-day extension, the WCB issued a Public Notice (DA 20-331) granting a 21-day extension of the comment and reply comment cycle for the proceeding in the wake of the D.C. Circuit’s remand in Mozilla v. FCC (2018). Comments are due on April 20, 2020 (from March 30, 2020), and reply comments are due on May 20, 2020 (from April 29, 2020).

In issuing the extension, the WCB agreed with the petitioners’ argument that individuals, organizations, and state and local governments whose work is dedicated to public safety are increasingly focused on managing the COVID-19 pandemic and may be unable to submit comments on the public safety issues discussed in the remand proceeding. However, the FCC cited the need for expediency in remand proceedings as the reason for granting a 21-day extension instead of the petition’s request for a 30-day extension.

In addition, the FCC took the following actions in response to the pandemic:

• On March 25, 2020, the Office of Engineering and Technology issued a Public Notice (DA 20-334) granting a 21-day extension of the reply comment deadline in the 5.9 GHz proceeding. Reply comments are now due on April 27, 2020 (from April 6, 2020). Initial comments were due on March 9, 2020. The entire 75 megahertz of the 5.850-5.925 GHz Band is allocated for connected car intelligent transportation systems using dedicated short-range communications ("DSRC") technology. Under pressure to allocate more spectrum for Wi-Fi operations and dissatisfied with the pace of DSRC development and deployment, the Commission has proposed reallocating 45 megahertz of the Band for unlicensed use and 20 megahertz to cellular vehicle-to-everything intelligent transportation system technology, while preserving only 10 megahertz for DSRC.
• On April 10, 2020, the FCC’s Office of Economics and Analytics (“OEA”) extended via Public Notice (DA 20-401) the comment and reply comment deadlines for its Public Notice, released on February 27, 2020, which sought input on the state of the communications marketplace to inform the Commission’s required assessment of competition within the communications industry in its second Communications Marketplace Report to Congress. The Report provides an opportunity for stakeholders to evaluate competitive barriers to wireless and fixed broadband deployment, as well as international services. With this extension, comments are now due April 27, 2020 and reply comments are due May 28, 2020.
• On April 1, 2020, the Wireless Telecommunications Bureau (“WTB”) announced (DA 20-365) a compilation of instructions for filing Special Temporary Authority (“STA”) and waiver requests in response to the declaration of national emergency due to COVID-19 issued on March 13, 2020. The WTB STA and Wavier Filing Guide can be found online here. On April 10, 2020, the Public Safety and Homeland Security Bureau provided guidance to public safety entities on requesting STA and waivers (DA 20-404). All providers should consider whether an STA is appropriate to provide additional flexibility and improve service.
• ​On March 27, 2020, the FCC granted​ STA for 33 wireless Internet service providers (“WISPs”) to use the lower 45 megahertz in the 5.850-5.925 GHz Band for 60 days to address the increase in consumer demand because of the COVID-19 pandemic. Participating WISPs are required to file FCC Form 601 (application for an STA) within 10 days to access the full 60-day STA, and are required to operate in the band on a secondary, non-interference basis so as not to interrupt existing DSRC and federal radiolocation operations.
• ​On March 26, 2020, the FCC's WTB granted AT&T Special Temporary Authority (“STA”) to utilize additional spectrum in Puerto Rico and the U.S. Virgin Islands for 60 days to handle increased network traffic as a result of the COVID-19 pandemic. On March 30, 2020, the WTB granted A:shiwi College & Career Readiness Center an STA to utilize unassigned Educational Broadband Service(“EBS”) spectrum for 60 days in the eligible rural tribal land on the Zuni Reservation in New Mexico for similar reasons. These STAs are in addition to the ones previously granted by the Commission. ​
• On April 10, 2020, the FCC’s WTB enabled AT&T to deploy two cell sites in Wisconsin to support wireless service for a critical medical facility. That facility is being constructed by the U.S. Army Corps of Engineers at the Wisconsin State Fair Park in Milwaukee, Wisconsin to care for COVID-19 patients. The WTB granted AT&T’s request to expedite environmental review of the two proposed wireless tower sites, which will also serve first responders as part of AT&T’s FirstNet public safety broadband network. It is likely that the FCC will grant similar requests to expand communications infrastructure during the crisis.
• On April 2, 2020, the Public Safety and Homeland Security Bureau released a Public Notice (DA 20-367) reminding authorized alert originators, including state and local governments, that the Wireless Emergency Alert (“WEA”) system is available as a tool to provide life-saving information to the public during the coronavirus COVID-19 pandemic. In recent years, the FCC, together with the Federal Emergency Management Agency (“FEMA”) and participating wireless service providers, have taken important measures to promote the effectiveness of WEA, and to make such messages more accessible, including the capability to send more detailed alerts of up to 360 characters for 4G-LTE networks, the option to convey recommended actions for saving lives or property for use in connection with Imminent Threat Messages, and the ability to send alerts in Spanish.
• On March 26, 2020, the WCB waived a number of rules in its Rural Healthcare Program affecting existing users of the support programs. Most importantly, the Bureau’s order (DA 20-345) permits RHC applicants to extend existing evergreen arrangements with service providers by one year, without conducting an additional competitive bidding process, thereby ensuring continuity of service during the crisis. This builds on the Commission's previous waiver of rules for both the Rural Healthcare Program and the E-Rate program.
• On March 30, 2020, the FCC's WCB issued an order (DA 20-354) waiving certain rules requiring involuntary de-enrollment of Lifeline subscribers, including for non-usage of the service, until May 29, 2020. The Bureau also extended the previous waivers​ of the annual recertification and National Verifier reverification process de-enrollments to May 29 so that all of the waivers will expire at the same time.

For more information, register here for our April 2 C-Band Update webinar.

Clearing Deadlines for Satellite Service and Fixed Operations

Non-TT&C Operations in the 3700-4000 MHz Range

• Incumbent eligible space station operators have until December 5, 2025 to clear the 3700-4000 MHz band in the contiguous United States, unless they elect to receive Accelerated Relocation Payments.
• If Intelsat and SES elect Accelerated Relocation Payments, they and other eligible space station operators that make a similar election,
  • will have until December 5, 2021, to clear 3700-3820 MHz in 46 of the top 50 Principal Economic Areas (“PEAs”) and provide the associated earth station operators now operating in that range with passband filters in order to receive the Phase I accelerated payments (contingent on also meeting the Phase II deadlines), and
  • will have until December 5, 2023, to clear the entire 3700-4000 MHz range and provide filters to receive the Phase II accelerated payments and keep any Phase I payments received.

TT&C Stations within the 3700-4000 MHz Range to Receive Extended Protection

• Incumbent space station operators must identify four locations where TT&C functions in CONUS will be consolidated by June 12, 2020.
  • The consolidation must occur by December 5, 2021, with possible exceptions by waiver or agreement.
  • Until December 5, 2030, operation of TT&C functions at the four consolidated locations will be permitted and protected.
  • At other existing TT&C locations, operations (both TT&C functions and other earth station functions) on a secondary, unprotected basis will be permitted after December 5, 2021, for another nine years.)

Sunset Date for Incumbent Fixed Wireless Services in the Entire 3.7-4.2 GHz Band

• Incumbent Fixed Service point-to-point licenses through the entire 3.7-4.2 GHz Band will sunset as of December 5, 2023, limited to CONUS. Incumbent point-to-point fixed service links that transition to other bands will be entitled to reimbursement for “comparable facilities” in such other band, provided they relocate by December 5, 2023.

Reconsideration and Judicial Review Opportunities

• Reconsideration of the C-Band Order will be due within thirty (30) days of its publication in the Federal Register.
• Petitions for judicial review of the C-Band Order to a U.S. Court of Appeals will be due within sixty (60) days of the Federal Register publication.

Protest of Proposed C-Band License Modifications

• Any protests of the FCC’s proposed modification of licenses and authorizations of all 3.7-4.2 GHz FSS licensees and market access holders; all affected transmit-receive earth station licenses, and all Fixed Service licenses in the band will be due thirty (30) days after the Federal Register publication of the proposed modifications in the C-band Order.

Relocation Payment Clearinghouse Selection Committee Formation and Action

• The Relocation Payment Clearinghouse committee consisting of nine designated representatives of satellite operators, incumbent earth stations, and prospective flexible-use licensees, must convene within 60 days after publication of the C-Band Order in the Federal Register.
• The committee must notify the FCC of the selection criteria it will by June 1, 2020.
• By July 31, 2020, the committee must notify the Commission of a consensus choice for the Clearinghouse or it will be reformed and trimmed by the Commission, and the seven remaining members must choose a Clearinghouse by majority vote by August 14, 2020.

Effective Date of Rules

• Generally, the C-Band Order provides that the Commission’s new rules for the 3.7-4.2 GHz Band will be effective 60 days after publication in the Federal Register. But the rules that require Office Management and Budget (“OMB”) review under the Paperwork Reduction Act (“PRA”) will be effective only after OMB approval and a subsequent notice is published in the Federal Register by the Commission.
  • On March 26, 2020, the FCC sought comment on several rules for purposes of OMB review, setting a comment deadline of Monday, April 27, 2020, hoping to keep some near-term deadlines on track.

Comment on Competitive Bidding Procedures and Dates

• Comments and reply comments in response to the March 3, 2020, Public Notice, are due May 1 and May 15, 2020.

Qualifying for Accelerated Relocation Payments

• By May 12, 2020, the Wireless Telecommunications Bureau (“WTB”) is to prescribe the “precise form” of an Accelerated Relocation Election.
• A satellite operator’s Accelerate Relocation Election, if it chooses to make one, will be public and irrevocable and is due by May 29, 2020.
• By June 5, 2020, the WTB is to issue a Public Notice announcing whether sufficient elections have been made to trigger early relocation or not – i.e., did both Intelsat and SES elect to accelerate relocation.

Deadlines for All Space Station Operator Transition Plans and Comments

• Each space station operator, whether electing early relocation payments or not, must file by June 12, 2020, a Transition Plan describing necessary steps and estimated transition costs to clear 3700-4000 MHz Band by the applicable deadlines.
• Interested parties will have an opportunity to comment on the Transition Plans by July 13, 2020.

Relocation Coordinator Selection

• The search committee for the Relocation Coordinator must notify the Commission of its choice by July 31, 2020, after which the WTB will issue a Public Notice seeking comment on whether the committee’s choice meets the criteria for the Coordinator set out in the C-Band Order.

Space Station Operator and Relocation Coordinator Status Reports

• Beginning on December 31, 2020, and continuing until the transitions are complete, space station operators and the Relocation Coordinator must file quarterly reports on progress of the transition in a form to be established by the WTB.

Deadline for Earth Station Operators to Elect How They Will Be Reimbursed

• Earth station operators can accept reimbursement for the actual documented reasonable relocation costs of each earth station that maintains satellite reception and is relocated to the 4000-4200 MHz range, or they can accept a reimbursement for all of their incumbent earth stations based on a per station amount (i.e., lump sum) to be established by the WTB for various classes of earth stations. They will have to make that election within 30 days after release of the Bureau’s announcements.

Multi-Stakeholder Technical Group Formation and Completion of Work

• The Commission set no deadlines for the multi-stakeholder group consisting of incumbent earth station operators, incumbent space station operators, wireless network operators, network equipment manufacturers, and aeronautical radionavigation equipment manufacturers that will address coexistence issues in the 3.7-4.2 GHz Band and work towards technical solutions. The Office of Engineering and Technology is to inform the group as to time frames in which input would be helpful.