80 FR 39109 - Media Bureau Announces Incentive Auction Eligible Facilities and Deadline for Filing Pre-Auction Technical Certification Form
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 130 (July 8, 2015)
Federal Register Volume 80, Issue 130 (July 8, 2015)
| Page Range | 39109-39111 | |
| FR Document | 2015-16754 |
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)] [Notices] [Pages 39109-39111] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16754] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [DA 15-679] Media Bureau Announces Incentive Auction Eligible Facilities and Deadline for Filing Pre-Auction Technical Certification Form AGENCY: Federal Communications Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This document announces each full power and Class A station facility eligible for protection in the repacking process and for relinquishment in the reverse auction (i.e., ``eligible facility''), as well as the date by which a licensee with a eligible facility must file a Pre-Auction Technical Certification Form (FCC Form 2100, Schedule 381) (approved under OMB control under 3060-1206). An Appendix is attached to the Public Notice listing each eligible facility. The Public Notice also establishes a process for licensees to file a Petition for Eligible Entity Status in order to request that a facility not listed in the Appendix attached to the Public Notice be treated as an eligible facility. DATES: The deadline for filing a Pre-Auction Technical Certification Form (FCC Form 2100, Schedule 381) is July 9, 2015. The deadline for filing a Petition for Eligible Entity Status is July 9, 2015. If granted, the Bureau will notify the petitioner of the date by which it must file its Pre-Auction Technical Certification Form as part of its decision. Furthermore, if the Commission grants a petition for reconsideration of the Incentive Auction R&O and in doing so extends discretionary protection to a different facility, or a facility that is not currently listed in the Appendix attached to the Public Notice, the licensee must file a Pre-Auction Technical Certification Form for each eligible facility no later than seven (7) days after release of the Commission's decision or by July 9, 2015, whichever is later. FOR FURTHER INFORMATION CONTACT: Kevin Harding, Hossein Hashemzadeh, or Evan Morris, Video Division, Media Bureau, Federal Communications Commission, (202) 418-1600. [[Page 39110]] SUPPLEMENTARY INFORMATION: The Media Bureau (Bureau) announces each station facility eligible for protection in the repacking process and for relinquishment in the reverse auction (i.e., eligible facility). Each eligible facility is listed in an Appendix attached to the Public Notice, which includes each eligible facility's call sign, facility identification number, community of license (city and state), license file number, channel number, type of service, and name of the licensee. The Appendix is available at http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db0609/DA-15-679A2.pdf. Additionally, the Bureau announces that any licensee with a station listed in the Appendix must file an FCC Form 2100, Schedule 381 (Pre-Auction Technical Certification Form or Form), through which it will verify and certify to the accuracy of the authorization and underlying Database Technical Information for each eligible facility by July 9, 2015. ``Database Technical Information'' means all underlying technical data that sets forth the operational parameters of the facility, including but not limited to the technical information that may be found in the Commission's Consolidated Database System (as well as the successor Licensing Management System) and Antenna Registration System. Accordingly, when a licensee certifies on the Pre-Auction Technical Certification Form to the accuracy of underlying Database Technical Information for an eligible facility, it must review all technical information on file with the Commission related to that eligible facility. When making its certification a licensee should not limit its review solely to the information provided for each eligible facility in the Appendix. In the Incentive Auction R&O, the Federal Communications Commission (Commission) adopted rules and procedures for conducting the broadcast television incentive auction, including rules for determining which full power and Class A television station facilities would be eligible for protection in the repacking process and participation in the reverse auction. See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12- 268, Report and Order, 29 FCC Rcd 6567 (2014) (Incentive Auction R&O). The Commission also instructed the Bureau to issue a Public Notice specifying the deadline by which all full power and Class A licensees subject to either discretionary or mandatory protection, with limited exception, must either be licensed or have an application for a license to cover the construction permit on file (FCC Form 2100, Schedules B or F/FCC Forms 302 or 302-CA) in order to qualify as an eligible facility. Incentive Auction R&O, 29 FCC Rcd 6651, n.615 Pursuant to that authority, the Bureau designated May 29, 2015 as the Pre-Auction Licensing Deadline. Media Bureau Designates May 29, 2015 as Pre-Auction Licensing Deadline, Public Notice, 30 FCC Rcd 393 (2015). While the Appendix attached to the Public Notice is intended to represent a complete list of all Class A and full power station facilities eligible for protection in the repacking process and relinquishment in the reverse auction, if a licensee believes that the Appendix omits an eligible facility, it should file with the Commission a ``Petition for Eligible Entity Status'' by July 9, 2015. The petition must request that the facility be designated an eligible facility, and the caption should include the name of the licensee, station's call sign, station's community of license (city and state), facility identification number, channel number, and file number for the authorization the licensee believes should be eligible. The petitioner must explain the reason it believes the facility is eligible consistent with the Incentive Auction R&O (e.g., the facility was subject to mandatory or discretionary protection). The Bureau will process petitions in an expeditious manner and inform the petitioner of its decision well in advance of the reverse auction. All petitions must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission, and to the attention of Barbara A. Kreisman, Chief, Video Division, Media Bureau, Room 2-A666. An electronic copy should also be sent to Barbara Kreisman at [email protected] and to Evan Morris at [email protected]. To ensure a stable and accurate database, and to facilitate the repacking process, the Incentive Auction R&O specified that the Commission would require all full power and Class A television stations to verify and certify to the accuracy of the information contained in the Commission's databases with respect to their protected facilities. The R&O also directed the Bureau to develop a form and announce by Public Notice the deadline and procedures for filing the form. Incentive Auction R&O, 29 FCC Rcd at 6651, n.615; Incentive Auction R&O, 29 FCC Rcd at 6656, para. 195, n.646. Accordingly, the Bureau announces that licensees listed in the Appendix have until July 9, 2015, to file, through the Commission's Licensing Management System (LMS), a Pre-Auction Technical Certification Form (FCC Form 2100, Schedule 381). Licensees must file a separate Form for each eligible facility listed in the Appendix. If a Pre-Auction Technical Certification Form for an eligible facility is not filed by July 9, 2015, we will consider the authorization in the Appendix and the underlying Database Technical Information for that facility as of May 29, 2015 to be accurate for purposes of determining protection in the repacking process and the spectrum usage rights eligible for relinquishment in the reverse auction. If a licensee certifies in the Form that there is a discrepancy between the authorization and the underlying Database Technical Information on file with the Commission (e.g., the Commission has made an error and the facility authorization listed in the Appendix or underlying Database Technical Information is incorrect), the licensee must attach an exhibit to the Form providing the correct information. The Bureau will review and correct such errors as appropriate. The Bureau will take such corrections into account for purposes of determining protection in the repacking process and the spectrum usage rights eligible for relinquishment in the reverse auction. In the alternative, if a licensee certifies in the Form that its eligible facility has been operating with parameters at variance from those specified in the authorization listed in the Appendix and the underlying Database Technical Information, the licensee must either revise its operations to reflect the licensed parameters or file an application for modification of its facility (FCC Form 2100, Schedules A or E) and seek a Special Temporary Authorization to allow it to continue to operate with parameters at variance pending grant of its modified license. If an application for modification is filed prior to submitting the Pre-Auction Technical Certification Form, the file number of that application must be provided on the Form. However, consistent with our objective of a stable and accurate database to facilitate the repacking process, we will rely on the operating parameters as specified in the authorization listed in the Appendix and the underlying Database Technical Information. Modifications occasioned by a licensee's operating at variance from those parameters, even if granted and ultimately licensed, will not be taken into account for purposes of determining protection in the repacking process and the spectrum usage rights eligible for relinquishment in the reverse auction. [[Page 39111]] In the Incentive Auction R&O, the Commission directed the Office of Engineering and Technology (OET) to release a detailed summary of baseline coverage area and population served by each television station to be protected in the repacking process. Incentive Auction R&O, 29 FCC Rcd at 6635, para. 145. The final baseline released by OET will contain the final list of eligible stations based on corrections to eligible facilities resulting from their certification in the Pre-Auction Technical Certification Form and any granted Petitions for Eligible Entity Status or Petitions for Reconsideration of the Incentive Auction R&O. Several parties have filed petitions for reconsideration of the Incentive Auction R&O requesting that discretionary protection be extended to facilities not currently protected under the R&O. The Commission is currently considering those petitions and the attached Appendix is not intended to pre-judge their outcome. If the Commission grants a petition for reconsideration and extends discretionary protection to a different facility, or a facility that is not currently listed in the Appendix, the licensee must file a Pre-Auction Technical Certification Form for each eligible facility no later than seven (7) days after release of the Commission's decision or by July 9, 2015, whichever is later. This action is taken by the Media Bureau pursuant to authority delegated by 47 CFR 0.283 of the Commission's rules. Barbara A. Kreisman, Chief, Video Division, Media Bureau, Federal Communications Commission. [FR Doc. 2015-16754 Filed 7-7-15; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices 39109
further refinements to the listed species of concern, the Agency may provide a Dated: June 22, 2015.
assessment will be completed in future comment period for the public to submit Richard P. Keigwin, Jr.,
revisions and requests public comment suggestions for mitigating the risks Director, Pesticide Re-Evaluation Division,
on specific areas that will reduce the identified in the revised risk Office of Pesticide Programs.
uncertainties associated with the assessments before developing a [FR Doc. 2015–16422 Filed 7–7–15; 8:45 am]
characterization of risk to listed species proposed registration review decision BILLING CODE 6560–50–P
identified in the current assessment. on the affected pesticide.
Sodium acifluorfen. Draft Human
Health and Ecological Risk Assessments 1. Other related information.
(EPA–HQ–OPP–2010–0135). Sodium Additional information on the FEDERAL COMMUNICATIONS
acifluorfen is a post-emergent herbicide individual pesticides discussed in this COMMISSION
registered for use on peanuts, soybeans, notice is available through the Pesticide
strawberries, and rice. EPA has Registration Review Status Web page, at [DA 15–679]
completed draft human health and http://www2.epa.gov/pesticide-
Media Bureau Announces Incentive
ecological risk assessments for all reevaluation/individual-pesticides-
Auction Eligible Facilities and Deadline
sodium acifluorfen uses. There are no registration-review. Information on the for Filing Pre-Auction Technical
anticipated human health risks of Agency’s registration review program Certification Form
concern. The draft ecological risk and its implementing regulation is
assessment indicates that there is direct available at http://www2.epa.gov/ AGENCY: Federal Communications
risk of adverse effects to non-target pesticide-reevaluation. Commission.
organisms, including fish, birds, and ACTION: Notice.
mammals, and species for which these 2. Information submission
taxa serve as surrogates, and non-target requirements. Anyone may submit data SUMMARY: This document announces
terrestrial plants. The assessment did or information in response to this each full power and Class A station
not find risks of concern for aquatic document. To be considered during a facility eligible for protection in the
plants. pesticide’s registration review, the repacking process and for
Thidiazuron. Combined Docket submitted data or information must relinquishment in the reverse auction
Opening and Release of Draft Human meet the following requirements: (i.e., ‘‘eligible facility’’), as well as the
Health and Ecological Risk Assessments • To ensure that EPA will consider date by which a licensee with a eligible
(EPA–HQ–OPP–2015–0381). data or information submitted, facility must file a Pre-Auction
Thidiazuron is a plant growth regulator interested persons must submit the data Technical Certification Form (FCC Form
registered for use as a defoliant on 2100, Schedule 381) (approved under
or information during the comment
cotton. There are no non-agricultural OMB control under 3060–1206). An
period. The Agency may, at its
uses of thidiazuron. EPA has completed Appendix is attached to the Public
a combined problem formulation/ discretion, consider data or information
submitted at a later date. Notice listing each eligible facility. The
preliminary ecological risk assessment Public Notice also establishes a process
and combined scoping document/ • The data or information submitted for licensees to file a Petition for Eligible
preliminary human health risk must be presented in a legible and Entity Status in order to request that a
assessment for thidiazuron. No human useable form. For example, an English facility not listed in the Appendix
health risks of concern were identified. translation must accompany any attached to the Public Notice be treated
The ecological risk assessment indicated material that is not in English and a as an eligible facility.
potential risks of concern to birds, written transcript must accompany any DATES: The deadline for filing a Pre-
terrestrial-phase amphibians, reptiles, information submitted as an
and terrestrial plants. The Agency did Auction Technical Certification Form
audiographic or videographic record. (FCC Form 2100, Schedule 381) is July
not complete an endangered species risk Written material may be submitted in
assessment. 9, 2015. The deadline for filing a
paper or electronic form. Petition for Eligible Entity Status is July
Pursuant to 40 CFR 155.53(c), EPA is
providing an opportunity, through this • Submitters must clearly identify the 9, 2015. If granted, the Bureau will
notice of availability, for interested source of any submitted data or notify the petitioner of the date by
parties to provide comments and input information. which it must file its Pre-Auction
concerning the Agency’s draft human Technical Certification Form as part of
• Submitters may request the Agency
health and ecological risk assessments its decision. Furthermore, if the
to reconsider data or information that Commission grants a petition for
for these pesticides. Such comments the Agency rejected in a previous
could address, among other things, the reconsideration of the Incentive Auction
review. However, submitters must R&O and in doing so extends
Agency’s risk assessment methodologies explain why they believe the Agency
and assumptions, as applied to these discretionary protection to a different
should reconsider the data or facility, or a facility that is not currently
draft risk assessments. The Agency will
consider all comments received during information in the pesticide’s listed in the Appendix attached to the
the public comment period and make registration review. Public Notice, the licensee must file a
changes, as appropriate, to the draft As provided in 40 CFR 155.58, the Pre-Auction Technical Certification
human health and ecological risk registration review docket for each Form for each eligible facility no later
assessments. EPA may then issue pesticide case will remain publicly than seven (7) days after release of the
srobinson on DSK5SPTVN1PROD with NOTICES
revised risk assessments, explain any accessible through the duration of the Commission’s decision or by July 9,
changes to the draft risk assessments, registration review process; that is, until 2015, whichever is later.
and respond to comments. In the all actions required in the final decision FOR FURTHER INFORMATION CONTACT:
Federal Register notice announcing the on the registration review case have Kevin Harding, Hossein Hashemzadeh,
availability of any such revised risk been completed. or Evan Morris, Video Division, Media
assessments for these pesticides, if the Bureau, Federal Communications
Authority: 7 U.S.C. 136 et seq.
revised risk assessments indicate risks Commission, (202) 418–1600.
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![Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices 39111
In the Incentive Auction R&O, the following information collections. copy of the FCC submission to OMB
Commission directed the Office of Comments are requested concerning: will be displayed.
Engineering and Technology (OET) to Whether the proposed collection of SUPPLEMENTARY INFORMATION: OMB
release a detailed summary of baseline information is necessary for the proper Control Number: 3060–0550.
coverage area and population served by performance of the functions of the Title: Local Franchising Authority
each television station to be protected in Commission, including whether the Certification, FCC Form 328; Section
the repacking process. Incentive Auction information shall have practical utility; 76.910, Franchising Authority
R&O, 29 FCC Rcd at 6635, para. 145. the accuracy of the Commission’s Certification.
The final baseline released by OET will burden estimate; ways to enhance the Form No.: FCC Form 328.
contain the final list of eligible stations quality, utility, and clarity of the Type of Review: Revision of a
based on corrections to eligible facilities information collected; ways to minimize currently approved collection.
resulting from their certification in the the burden of the collection of Respondents: State, local or tribal
Pre-Auction Technical Certification information on the respondents, governments; Businesses or other for-
Form and any granted Petitions for including the use of automated profit entities.
Eligible Entity Status or Petitions for collection techniques or other forms of Number of Respondents and
Reconsideration of the Incentive information technology; and ways to Responses: 7 respondents; 13 responses.
Auction R&O. Several parties have filed further reduce the information Estimated Time per Response: 2
petitions for reconsideration of the collection burden on small business hours.
Incentive Auction R&O requesting that concerns with fewer than 25 employees. Frequency of Response: One-time
discretionary protection be extended to The FCC may not conduct or sponsor a reporting requirement; Third party
facilities not currently protected under collection of information unless it disclosure requirement.
the R&O. The Commission is currently displays a currently valid Office of Obligation To Respond: Required to
considering those petitions and the Management and Budget (OMB) control obtain or retain benefits. The statutory
attached Appendix is not intended to number. No person shall be subject to authority for this collection of
pre-judge their outcome. If the any penalty for failing to comply with information is contained in section 3 of
Commission grants a petition for a collection of information subject to the the Cable Television Consumer
reconsideration and extends PRA that does not display a valid OMB Protection and Competition Act of 1992
discretionary protection to a different control number. (47 U.S.C. 543), as well as sections 4(i),
facility, or a facility that is not currently DATES: Written comments should be 4(j), and 623 of the Communications Act
listed in the Appendix, the licensee submitted on or before August 7, 2015. of 1934, as amended, and section 111 of
must file a Pre-Auction Technical If you anticipate that you will be the STELA Reauthorization Act of 2014.
Certification Form for each eligible submitting comments, but find it Total Annual Burden: 26 hours.
facility no later than seven (7) days after difficult to do so within the period of Total Annual Cost: None.
release of the Commission’s decision or time allowed by this notice, you should Privacy Act Impact Assessment: No
by July 9, 2015, whichever is later. advise the contacts below as soon as impact(s).
This action is taken by the Media possible. Nature and Extent of Confidentiality:
Bureau pursuant to authority delegated There is no need for confidentiality with
by 47 CFR 0.283 of the Commission’s ADDRESSES: Direct all PRA comments to
this collection of information.
rules. Nicholas A. Fraser, OMB, via email
Needs and Uses: On June 3, 2015, the
Nicholas_A._Fraser@omb.eop.gov; and
Barbara A. Kreisman, Commission released a Report and
to Cathy Williams, FCC, via email PRA@
Chief, Video Division, Media Bureau, Federal Order, MB Docket No. 15–53; FCC 15–
fcc.gov and to Cathy.Williams@fcc.gov.
Communications Commission. 62. The Report and Order adopted a
Include in the comments the OMB
[FR Doc. 2015–16754 Filed 7–7–15; 8:45 am]
rebuttable presumption that cable
control number as shown in the
operators are subject to competing
BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION section
provider effective competition.
below.
The information collection
FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: For requirements consist of:
COMMISSION additional information or copies of the FCC Form 328. Pursuant to section
information collection, contact Cathy 76.910, a franchising authority must be
[OMB 3060–0550 and OMB 3060–0560] Williams at (202) 418–2918. To view a certified by the Commission to regulate
copy of this information collection the basic service tier and associated
Information Collections Being
request (ICR) submitted to OMB: (1) go equipment of a cable system within its
Submitted for Review and Approval to
to the Web page http://www.reginfo.gov/ jurisdiction. To obtain this certification,
the Office of Management and Budget
public/do/PRAMain, (2) look for the the franchising authority must prepare
AGENCY: Federal Communications section of the Web page called and submit FCC Form 328. The Report
Commission. ‘‘Currently Under Review,’’ (3) click on and Order revises section 76.910 to
ACTION: Notice and request for the downward-pointing arrow in the require a franchising authority filing
comments. ‘‘Select Agency’’ box below the Form 328 to submit specific evidence
‘‘Currently Under Review’’ heading, (4) demonstrating its rebuttal of the
SUMMARY: As part of its continuing effort select ‘‘Federal Communications presumption in section 76.906 that the
to reduce paperwork burdens, and as Commission’’ from the list of agencies cable system is subject to competing
srobinson on DSK5SPTVN1PROD with NOTICES
required by the Paperwork Reduction presented in the ‘‘Select Agency’’ box, provider effective competition pursuant
Act (PRA) of 1995 (44 U.S.C. 3501– (5) click the ‘‘Submit’’ button to the to section 76.905(b)(2). The franchising
3520), the Federal Communications right of the ‘‘Select Agency’’ box, (6) authority bears the burden of submitting
Commission (FCC or Commission) when the list of FCC ICRs currently evidence rebutting the presumption that
invites the general public and other under review appears, look for the OMB competing provider effective
Federal agencies to take this control number of this ICR and then competition, as defined in section
opportunity to comment on the click on the ICR Reference Number. A 76.905(b)(2), exists in the franchise area.
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Document Created: 2018-02-23 09:12:21
Document Modified: 2018-02-23 09:12:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The deadline for filing a Pre-Auction Technical Certification Form (FCC Form 2100, Schedule 381) is July 9, 2015. The deadline for filing a Petition for Eligible Entity Status is July 9, 2015. If granted, the Bureau will notify the petitioner of the date by which it must file its Pre-Auction Technical Certification Form as part of its decision. Furthermore, if the Commission grants a petition for reconsideration of the Incentive Auction R&O and in doing so extends discretionary protection to a different facility, or a facility that is not currently listed in the Appendix attached to the Public Notice, the licensee must file a Pre-Auction Technical Certification Form for each eligible facility no later than seven (7) days after release of the Commission's decision or by July 9, 2015, whichever is later. | |
| Contact | Kevin Harding, Hossein Hashemzadeh, or Evan Morris, Video Division, Media Bureau, Federal Communications Commission, (202) 418-1600. | |
| FR Citation | 80 FR 39109 |
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