FCC Denies ACA’s Application for Review of Lump Sum Payment PN

On November 18, 2020, the Commission released a Memorandum Opinion and Order (“MO&O”) denying America’s Communications Association (“ACA”) Application for Review of the Final Cost Catalog Public Notice adopted by the Wireless Telecommunications Bureau (“Bureau”) in the C-band proceeding (GN Docket No. 18-122).  The Final Cost Catalog Public Notice previously set lump sum payment amounts for the C-band transition.


The Commission found that the Final Cost Catalog Public Notice aligned with the C-band Order and that ACA failed to provide evidence that the Commission’s approach to reimbursement would not result in payment of reasonable costs.  Specifically, the Commission rejected ACA’s argument that the Bureau improperly excluded the cost of integrated receiver/decoder equipment from the lump sum amount, found that the lump-sum determination process did not have procedural defects, and stated that transition plans were not a prerequisite for determining lump sum amounts.  The Commission also discussed how the Bureau rightfully decided not to delay the lump sum amount determination and delaying lump sum elections would create uncertainty for incumbent space station operators during the critical transition period.


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