3.45 GHz Clearinghouse Information

The 3.45 GHz Clearinghouse role includes collecting and distributing payments for the 3.45 GHz band transition, administering the reimbursement fund, reviewing claims for reimbursement of relocation costs, mitigating financial disputes among stakeholders, and administering the alternative dispute resolution process. The Clearinghouse's roles and responsibilities are detailed in the FCC's Clearinghouse Order. They are also outlined in the 3.45 GHz Search Committee's RFP and summarized below:

Clearinghouse will operate pursuant to Commission rules and oversight to mitigate financial disputes among stakeholders and to collect and distribute payments in a timely manner, and shall:

• Operate in a fair and transparent manner.
• Specify timing for the reimbursement process.
• Specify a procedure for the submission of relocation cost documentation and provide parties an opportunity to supplement any reimbursement claims that the Clearinghouse deems deficient.
• Adopt a process for protecting confidential information.
• Collect from each non-federal relocation incumbent a claim for reimbursement, complete with sufficient documentation to justify the amount and demonstrate the reasonableness of those costs.
• Consider the submission and supporting documentation and any relevant comparable reimbursement submissions, determine in the first instance whether costs submitted for reimbursement are reasonable and process claims consistent with the Second Report and Order and any clarifications issued by the Commission or the Bureau. If the Clearinghouse determines that an amount sought for reimbursement is impermissible or unreasonable, it shall notify the party of any amount that it deems eligible for reimbursement.
• Apportion costs among 3.45 GHz Service licensees pursuant to the cost allocation structure established in the Second Report and Order and the Commission’s rules. Approved, adjusted, or denied claims shall be simultaneously transmitted to the relevant claimant and invoiced to the 3.45 GHz Service licensees, allowing 30 days for review.
• Hold deposits to minimize the risk of loss (e.g., all funds collected for reimbursement must be placed in a reputable financial institution and may only be invested in U.S. Treasury bonds).
• Distribute payments to incumbent radiolocation licensees pursuant to the Second Report and Order and the Commission’s rules.
• Respond promptly to incumbent requests regarding the tracking of the progress of their reimbursement claims and checking the status of their reimbursement payments.
• Establish and administer the reimbursement fund into which flexible-use licensees shall pay their share of the initial estimated relocation payments and from which the Clearinghouse shall draw to pay approved, invoiced claims and lump-sum payments, including: (i) calculating the 3.45 GHz Service licensees’ share of relocation costs at least every six months, with the discretion to calculate the share on a more frequent basis as needed; (ii) providing each licensee with the amount it owes no more than 30 days after each period that it calculates the licensees’ share of relocation costs; (iii) drawing from the reimbursement fund to pay approved reimbursement claims; (iv) paying approved claims 30 days after invoice submission to the relevant claimant and 3.45 GHz Service licensees for their review so long as (A) funding is available and (B) there is no dispute regarding the underlying Clearinghouse decision before the Bureau; (v) if the reimbursement fund does not have sufficient funds to pay approved claims before a six-month replenishment, providing 3.45 GHz Service licensees with 30 days’ notice of the additional shares each must contribute; (vi) defraying the costs of the transition for all 3.45 GHz Service licensees on a pro-rata basis using any interest arising from the reimbursement fund; and (v) at the end of the transition, returning any unused amounts to the 3.45 GHz Service licensees according to their pro rata shares.
• Forty-five days after the Clearinghouse has entered into contracts with incumbents and new licensees, the Clearinghouse shall calculate the share of each 3.45 GHz Service licensee based upon the reimbursement documentation received from the incumbents; the initial share shall incorporate any relocation-related costs incurred prior to the issuance of new flexible-use licenses (May 4, 2022) as well as from the time of issuance until the time of calculation.
• Serve as administrator in a function similar to a special master in a judicial proceeding in order to resolve disputes.
• To minimize the need for referral of disputes to the Bureau, and for other purposes, seek advance guidance from the Bureau, as appropriate, when resolving matters where interpretation of the Second Report and Order is required.
• Each quarter, starting no later than April 1, 2024, the Clearinghouse shall submit progress reports to the Bureau that detail the status of reimbursement funds available, the payments issued, and the amounts collected from licensees. The reports must account for all funds spent, including the Clearinghouse’s own expenses (including salaries and fees paid to law firms, accounting firms, and other consultants). The Clearinghouse shall provide to the Bureau and the Commission’s Office of the Managing Director (“OMD”) additional information upon request.
• Provide additional information to the Bureau or the OMD upon the Bureau or OMD’s request.
• No later than May 10, 2024 (18 months after the release of the Order), the Clearinghouse must issue a special, audited report identifying any issues that have not already been referred to the Commission as well as what actions, if any, need to be taken for the Clearinghouse to complete its obligations (including the estimated costs and time frame for completing that work).
• Meet relevant best practices and standards in its operation to ensure an effective and efficient transition, including: (1) engaging in strategic planning and adopting goals and metrics to evaluate its performance; (2) adopting internal controls for its operations; (3) using enterprise risk management practices; and (4) using best practices to protect against improper payments and to prevent fraud, waste, and abuse in its handling of funds. The Clearinghouse shall report to the Commission all evidence and/or allegations of suspected fraud, waste, or abuse related to the 3.45 GHz relocation program, along with an initial assessment of their credibility and substantiality, and shall establish procedures enabling outside parties to report allegations of fraud, waste, or abuse to the Clearinghouse, and maintain a log of all such allegations that it receives.
• Create written procedures for governing its operations, using the Government Accountability Office’s Green Book to serve as a guide in satisfying such requirements.
• Provide OMD and the Bureau with an audited statement of funds expended to date, including salaries and expenses of the Clearinghouse, by April 1 of each year beginning in 2024.
• Adopt robust privacy and data security best practices in its operations, given that it will receive and process information critical to ensuring a successful and expeditious transition, including: (i) complying with, on an ongoing basis, all applicable laws and Federal government guidance on privacy and information security requirements such as relevant provisions in the Federal Information Security Management Act (FISMA), National Institute of Standards and Technology (NIST) publications, and (ii) (A) hiring a third-party firm to independently audit and verify, on an annual basis, the Clearinghouse’s compliance with privacy and information security requirements and to provide recommendations based on any audit findings; (B) correcting any negative audit findings and adopting any additional practices suggested by the auditor; and (C) reporting the results to the Bureau annually beginning April 1, 2024.

As part of its Enterprise Risk Management framework, the 3.45 GHz Clearinghouse will design and implement internal controls adequate to ensure its operations maintain best practices to protect against improper payments and to prevent fraud, waste, and abuse in its handling of funds. The 3.45 GHz Clearinghouse’s internal controls processes will ensure that the written procedures, prepared using the Government Accountability Office’s Green Book as guidance, are followed as prescribed. The 3.45 GHz Clearinghouse will undergo an annual external audit of 3.45 GHz collections and disbursements, including its own fees and expenses. The 3.45 GHz Clearinghouse will also engage an external auditor to conduct annual assessments of systems and controls to ensure comprehensive privacy and information security measures are utilized.

Summit Ridge will provide updates on the Clearinghouse process and progress on this website. We may also reach out directly to participants as needed.