You are using an unsupported browser. This web site is designed for the current versions of Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari.
The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. We recommend you directly contact the agency associated with the content in question.
If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below.
If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency
Enhanced content is provided to the user to provide additional context.
This content is from the eCFR and is authoritative but unofficial.
Navigate by entering citations or phrases (eg: 1 CFR 1.1 49 CFR 172.101 Organization and Purpose 1/1.1 Regulation Y FAR).
Choosing an item from citations and headings will bring you directly to the content. Choosing an item from full text search results will bring you to those results. Pressing enter in the search box will also bring you to search results.
Background and more details are available in the Search & Navigation guide.
The in-page Table of Contents is available only when multiple sections are being viewed.
Use the navigation links in the gray bar above to view the table of contents that this content belongs to.
85 FR 22882, Apr. 23, 2020, unless otherwise noted.
This content is from the eCFR and may include recent changes applied to the CFR. The official, published CFR, is updated annually and available below under "Published Edition". You can learn more about the process here.
Subscribe to: 47 CFR 27.1414
View the most recent official publication:
These links go to the official, published CFR, which is updated annually. As a result, it may not include the most recent changes applied to the CFR. Learn more.
Information and documentation can be found in our developer resources.
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
Learn more about the eCFR, its status, and the editorial process.
(a) Selection committee and selection process. Representatives of the following seven entities shall be eligible to appoint one member to a selection committee for the Upper C-band Clearinghouse: Airlines for America, Aircraft Owners and Pilots Association, Competitive Carriers Association, Eutelsat, National Association of Broadcasters, NCTA, and SES. Representatives of CTIA shall be eligible to appoint two members to a selection committee for the Upper C-band Clearinghouse. The selection committee will seek proposals for a third-party clearinghouse to administer the cost-related aspects of the Upper C-band transition and the adjacent band radio altimeter retrofit rebates in a fair, transparent manner, pursuant to Commission rules and oversight, to mitigate financial disputes among stakeholders, and to collect and distribute payments in a timely manner.
(1) The selection committee shall convene no later than September 29, 2026 and shall notify the Commission of the specific selection process and criteria it has established no later than 30 days after the date of the selection committee's first meeting. The selection criteria must be consistent with that established in paragraph (b) of this section. The Wireless Telecommunications Bureau is directed, on delegated authority, to issue a Public Notice notifying the public that the selection committee has established a selection process and criteria, outlining submission requirements, and providing the closing dates for the submission of applications and the source (i.e., web page).
(2) The selection committee should proceed by consensus; however, if a vote on selection of a Upper C-band Clearinghouse is required, it shall be by a majority.
(i) The selection committee shall notify the Commission of its choice of Upper C-band Clearinghouse.
(ii) The Wireless Telecommunications Bureau shall issue a Public Notice inviting comment on whether the entity selected satisfies the selection criteria in paragraph (b) of this section and issue a final order announcing whether the selection criteria have been satisfied.
(iii) Should the Wireless Telecommunications Bureau be unable to find that the selection criteria have been satisfied, the search process will start over, and the search committee will submit a new proposed entity.
(3) In the event that the selection committee fails to select an Upper C-band Clearinghouse and to notify the Commission by December 15, 2026:
(i) The selection committee must drop two members, as determined by a majority vote of the original members, and the remaining members shall select a Clearinghouse by majority vote by January 17, 2027.
(ii) Should the selection committee subsequently fail to select a Clearinghouse and to notify the Commission by January 17, 2027, the search committee will be dissolved without further action by the Commission.
(iii) The Commission will then initiate a procurement of an Upper C-band Clearinghouse to facilitate the transition. Specifically, the Office of the Managing Director will initiate the procurement, and the Wireless Telecommunications Bureau will take all other necessary actions to meet the relocation deadline.
(iv) During the course of the Upper C-band Clearinghouse's tenure, the Commission will take such measures as are necessary to ensure the Upper C-band Clearinghouse's timely compliance with its duties, including, should it become necessary, issuing subsequent public notices to select a new Upper C-band Clearinghouse(s).
(4) The costs of the Upper C-band Clearinghouse shall be allocated pursuant to § 27.1418.
(b) Upper C-band Clearinghouse selection criteria. The Upper C-band Clearinghouse must be able to demonstrate that it has the requisite expertise to perform the duties required, per paragraph (c) of this section.
(c) Upper C-band Clearinghouse duties. The Upper C-band Clearinghouse shall:
(1) Be a neutral, independent entity with no conflicts of interest (organizational or personal) on the part of the organization or its offices, directors, employees, contractors, or significant subcontractors.
(i) Organizational conflicts of interest means that because of other activities or relationships with other entities, the Upper C-band Clearinghouse, its contractors, or significant subcontractors are unable or potentially unable to render impartial services, assistance, or advice; the Upper C-band Clearinghouse's objectivity in performing its functions is or might be otherwise impaired; or the Upper C-band Clearinghouse might gain an unfair competitive advantage.
(ii) Personal conflicts of interest means a situation in which an employee, officer, or director of the Upper C-band Clearinghouse, the Upper C-band Clearinghouse's contractors or significant subcontractors has a financial interest, personal activity, or relationship that could impair that person's ability to act impartially and in the best interest of the transition when performing their assigned role, or is engaged in self-dealing.
(2) Have the requisite expertise to perform the duties required, which will include: determining reimbursable costs; processing reimbursement, lump sum, and rebate claims; administering reimbursement and rebate funds; collecting and distributing all required payment obligations as well as auditing incoming and outgoing estimates; mitigating cost disputes among parties; and generally acting as a clearinghouse.
(3) Meet relevant best practices and standards in its operations to ensure an effective and efficient transition. In administering the transition, it shall:
(i) Engage in strategic planning and adopt goals and metrics to evaluate its performance;
(ii) Adopt internal controls for its operations;
(iii) Utilize enterprise risk management practices;
(iv) Use best practices to protect against improper payments and to prevent fraud, waste, and abuse in its handling of funds; and
(v) Create written procedures for its operations, using the Government Accountability Office's Green Book to serve as a guide in satisfying such requirements.
(4) 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) When the prohibition in § 1.2105(c) of this chapter applies to competitive bidding for licenses in the 3.7 GHz Service, the Upper C-band Clearinghouse must disclose in real time the content of, timing of, and the parties to and communications from or to applicants to participate in the competitive bidding, as defined by § 1.2105(c)(5)(i) of this chapter.
(ii) The Upper C-band Clearinghouse shall comply 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, National Institute of Standards and Technology publications, and Office of Management and Budget guidance.
(iii) The Upper C-band Clearinghouse must hire a third-party firm to independently audit and verify, on an annual basis, the Upper C-band Clearinghouse's compliance with privacy and information security requirements, to provide recommendations based on any audit findings, to correct any negative audit findings, and to adopt any additional practices suggested by the auditor.
(d) Cooperation with the Upper C-band Clearinghouse. Claimants seeking payments from the Upper C-band Clearinghouse must comply with § 27.1415 and cooperate in good faith with the Upper C-band Clearinghouse during the claims submission and review process.
[91 FR 48746, July 31, 2026]