80_FR_52884 80 FR 52715 - Amendment of the Commission's Rules To Provide for the Preservation of One Vacant Channel in the UHF Television Band for Use by White Space Devices and Wireless Microphones

80 FR 52715 - Amendment of the Commission's Rules To Provide for the Preservation of One Vacant Channel in the UHF Television Band for Use by White Space Devices and Wireless Microphones

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 169 (September 1, 2015)

Page Range52715-52717
FR Document2015-21560

In this document, the Commission proposes to designate a second available vacant channel in the UHF television band for use by white space devices and wireless microphones in those areas where the duplex gap of the 600 MHz Band is subject to impairment by a television station.

Federal Register, Volume 80 Issue 169 (Tuesday, September 1, 2015)
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Proposed Rules]
[Pages 52715-52717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21560]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 15, 73, 74

[MB Docket No. 15-146; GN Docket No. 12-268; FCC 15-78]


Amendment of the Commission's Rules To Provide for the 
Preservation of One Vacant Channel in the UHF Television Band for Use 
by White Space Devices and Wireless Microphones

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission proposes to designate a 
second available vacant channel in the UHF television band for use by 
white space devices and wireless microphones in those areas where the 
duplex gap of the 600 MHz Band is subject to impairment by a television 
station.

DATES: Comments may be filed on or before September 30, 2015, and reply 
comments may be filed on or before October 30, 2015. Written comments 
on the proposed information collection requirements, subject to the 
Paperwork Reduction Act (PRA) of 1995, Public Law 104-13, should be 
submitted on or before October 30, 2015.

ADDRESSES: You may submit comments, identified by MB Docket No. 15-146, 
GN Docket No. 12-268 and/or FCC 15-78, by any of the following methods:
    [ssquf] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [ssquf] Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] Mail: Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    In addition to filing comments with the Secretary, a copy of any 
PRA comments on the proposed collection requirements contained herein 
should be submitted to the Federal Communications Commission via email 
to [email protected] and to [email protected] and also to Nicholas A. 
Fraser, Office of Management and Budget, via email to 
[email protected] or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, [email protected] of 
the Media Bureau, Video Division, (202) 418-2324, and Paul Murray, 
[email protected] of the Office of Engineering and Technology, (202) 
418-0688. For additional information concerning the PRA information 
collection requirements contained in this document, contact Cathy 
Williams, Federal Communications Commission, at (202) 418-2918, or via 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, FCC 15-78, released August 11, 2015 in GN Docket 12-268 and 
MB Docket No. 15-146. The full text of this document is available for 
inspection and copying during regular business hours in the FCC 
Reference Center, 445 12th Street SW., Room CY-A257, Portals II, 
Washington, DC 20554. This document is available in alternative formats 
(computer diskette, large print, audio record, and Braille). Persons 
with disabilities who need documents in these formats may contact the 
FCC by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-
0432.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All

[[Page 52716]]

filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8 a.m. to 7 p.m. All hand deliveries must be held together with rubber 
bands or fasteners. Any envelopes and boxes must be disposed of before 
entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Paperwork Reduction Act of 1995 Analysis

    The Public Notice contains proposed new or modified information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific 
comment on how it might further reduce the information collection 
burden for small business concerns with fewer than 25 employees.

Synopsis

    To mitigate the potential impact on white space devices and 
wireless microphones in areas where the duplex gap is subject to 
impairment, we tentatively conclude that we will designate a second 
available television channel in the remaining television band in such 
areas for shared use by white space devices and wireless microphones, 
in addition to the one such channel we have tentatively concluded will 
be made available in each area of the United States for shared use by 
these devices and microphones. Consistent with the Vacant Channel 
Notice of Proposed Rulemaking (NPRM), licensed as well as unlicensed 
wireless microphones would have access to the second available 
television channel. Recognizing the significant public benefits 
provided by white space devices and wireless microphones, the 
Commission in the Incentive Auction Report and Order stated that it was 
making the duplex gap available for use by these services, subject to 
appropriate technical rules. The Commission specifically noted that it 
was deferring a decision on whether to place television stations in the 
duplex gap. In the Vacant Channel NPRM, we tentatively concluded that 
preserving a vacant channel in the remaining television band in each 
area of the United States for shared use by these devices and 
microphones will help to ensure that the public continues to have 
access to the benefits they provide across the nation. White space 
devices and wireless microphone advocates maintain that lack of access 
to the duplex gap in areas where it is subject to impairment will limit 
the public's access to the benefits these services provide. We propose 
to address this concern by requiring demonstration of the availability 
of a second television channel in accordance with the procedures 
proposed in the Vacant Channel NPRM in geographic areas where the 
duplex gap is subject to impairment. More specifically, under this 
proposal such a demonstration would be required in geographic areas 
where the protected contour of a television station assigned to the 600 
MHz Band impairs the duplex gap. We propose that applicants for new, 
displaced, or modified television station or Broadcast Auxiliary 
Station facilities use existing tools to determine whether the proposed 
facility overlaps with a geographic area where the duplex gap is 
impaired, and then use the white space databases to determine vacant 
channel availability in the overlap areas. We invite interested parties 
to comment on this tentative conclusion in MB Docket No. 15-146. We 
direct the Media Bureau to establish new comment and reply deadlines of 
September 30 and October 30, 2015, respectively, for the proposals in 
the Vacant Channel NPRM as well as the proposals above. We intend to 
address all of the proposals in the same order.

Supplemental Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the Commission has prepared this present Supplemental Initial 
Regulatory Flexibility Analysis (Supplemental IRFA) concerning the 
possible significant economic impact on small entities by the policies 
and rules proposed in this NPRM. Written public comments are requested 
on this Supplemental IRFA. Comments must be identified as responses to 
the Supplemental IRFA and must be filed by the deadlines for comments 
indicated in the DATES section. The Commission will send a copy of this 
Public Notice, including this Supplemental IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA).\1\ In 
addition, this Public Notice and Supplemental IRFA (or summaries 
thereof) will be published in the Federal Register.\2\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603(a).
    \2\ Id.
---------------------------------------------------------------------------

    In the Vacant Channel NPRM, the Commission tentatively concluded 
that preserving a vacant channel in the remaining television band in 
each area of the United States for shared use by white space devices 
and wireless microphones will help to ensure that the public continues 
to have access to the benefits they provide across the nation. As 
required by section 603 of the Regulatory Flexibility Act, 5 U.S.C. 
603, the Commission included as Appendix B of the Vacant Channel NPRM 
an Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on small entities of the proposals 
suggested in the Vacant Channel NPRM.
    In this document, the Commission decides that a limited number of 
broadcast television stations may be reassigned during the incentive 
auction and repacking process to channels within the ``duplex gap'' 
established as part of the 600 MHz Band Plan. The Commission notes that 
white space devices and wireless microphone advocates maintain that 
lack of access to the duplex gap in areas where it is subject to 
impairment will limit the public's access to the benefits these 
services provide. To address this concern, the Commission tentatively 
concludes that it will preserve a second available television channel 
in the remaining television band in such areas for shared use by white 
space devices and wireless microphones, in addition to the one such 
channel it has tentatively concluded will be made available in each 
area of the United States for shared use by these devices in the Vacant 
Channels NPRM. Under this proposal, demonstration of the availability 
of a second television

[[Page 52717]]

channel would be required in accordance with the procedures proposed in 
the Vacant Channel NPRM in geographic areas where the duplex gap is 
subject to impairment.
    We hereby incorporate by reference the IRFA from the Vacant Channel 
NPRM. This Supplemental IRFA supplements paragraphs 4 and 19 of the 
IRFA as follows to reflect the second vacant channel preservation 
proposal. Consistent with the vacant channel proposal in the Vacant 
Channel NPRM, we believe the second vacant channel proposal in 
paragraph 32 of this document will not significantly burden small 
entities in terms of either the continued availability of channels in 
all areas or the administrative burdens of compliance. After the final 
channel assignments are made following the incentive auction, multiple 
vacant channels will exist in most areas as a result of the co- and 
adjacent channel separation requirements necessary to protect primary 
broadcast stations from interference from each other. While the effect 
of the second vacant channel preservation proposal would be to reduce 
by two the total number of vacant channels that would otherwise be 
available in an area, it applies only in those areas where the duplex 
gap is subject to impairment. Our analysis indicates the duplex gap 
will not be subject to any impairment in most markets even if the 
optimization procedure tool is not restricted in assigning impairing 
stations. Thus, the duplex gap will remain free from impairment across 
most of the country, except in a relatively small number of markets. 
Consequently, the impact on small entities, in terms of the 
availability of channels for future use, will be limited. Consistent 
with the IRFA, although small entities may experience an increased 
burden, the Commission believes that adoption of the second vacant 
channel preservation requirement will greatly benefit white space and 
wireless microphone users as well as the manufacturer of white space 
and wireless microphone equipment that are also small businesses by 
creating new uses and opportunity for this spectrum. The Commission 
also believes that this prioritization and protection of white space is 
critical if it is to realize the benefits that this spectrum will 
provide to small businesses and developers that will usher forth new 
and unthought-of uses.
    This Supplemental IRFA also supplements paragraph 17 of the IRFA 
discussing procedures to reflect that a broadcast applicant would 
determine if its contour overlaps the service contour of a television 
station assigned to a channel within the duplex gap.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-21560 Filed 8-31-15; 8:45 am]
 BILLING CODE 6712-01-P



                                                                         Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Proposed Rules                                          52715

                                                    day extension of time for filing initial                FEDERAL COMMUNICATIONS                                   In addition to filing comments with
                                                    comments and a 15-day extension of                      COMMISSION                                            the Secretary, a copy of any PRA
                                                    time for filing reply comments.                                                                               comments on the proposed collection
                                                    Subsequently, the Consumer Electronics                  47 CFR Parts 15, 73, 74                               requirements contained herein should
                                                    Association (‘‘CEA’’) requested a two-                  [MB Docket No. 15–146; GN Docket No. 12–              be submitted to the Federal
                                                    week extension of the time for filing                   268; FCC 15–78]                                       Communications Commission via email
                                                    comments and a three-week extension                                                                           to PRA@fcc.gov and to Cathy.Williams@
                                                    for filing reply comments. More                         Amendment of the Commission’s                         fcc.gov and also to Nicholas A. Fraser,
                                                    recently, the American National                         Rules To Provide for the Preservation                 Office of Management and Budget, via
                                                    Standards Institute Accredited                          of One Vacant Channel in the UHF                      email to Nicholas_A._Fraser@
                                                    Standards Committee C63 (‘‘ANSI                         Television Band for Use by White                      omb.eop.gov or via fax at 202–395–5167.
                                                    ASC63’’) requested a 30-day extension                   Space Devices and Wireless                            FOR FURTHER INFORMATION CONTACT:
                                                    of both the comment and reply                           Microphones                                           Shaun Maher, Shaun.Maher@fcc.gov of
                                                    comment deadlines. TIA and ITI state                                                                          the Media Bureau, Video Division, (202)
                                                                                                            AGENCY:  Federal Communications
                                                    that the NPRM addressed a ‘‘wide range                                                                        418–2324, and Paul Murray,
                                                                                                            Commission.
                                                    of equipment approval issues of a                                                                             Paul.Murray@fcc.gov of the Office of
                                                                                                            ACTION: Proposed rule.                                Engineering and Technology, (202) 418–
                                                    technical, legal, and practical nature,
                                                                                                            SUMMARY:   In this document, the                      0688. For additional information
                                                    impacting a diverse set of stakeholders,
                                                                                                            Commission proposes to designate a                    concerning the PRA information
                                                    each of whom will need to closely                                                                             collection requirements contained in
                                                    analyze and consider the potential effect               second available vacant channel in the
                                                                                                            UHF television band for use by white                  this document, contact Cathy Williams,
                                                    of the rule changes being considered’’                                                                        Federal Communications Commission,
                                                    and that the extension will allow the                   space devices and wireless microphones
                                                                                                            in those areas where the duplex gap of                at (202) 418–2918, or via email at
                                                    parties to submit more comprehensive                                                                          Cathy.Williams@fcc.gov.
                                                    responses. TIA and ITI also contend that                the 600 MHz Band is subject to
                                                                                                            impairment by a television station.                   SUPPLEMENTARY INFORMATION: This is a
                                                    the rule changes are closely related to                                                                       summary of the Commission’s
                                                    the recent changes updating the                         DATES: Comments may be filed on or
                                                                                                                                                                  document, FCC 15–78, released August
                                                    Commission’s Equipment Authorization                    before September 30, 2015, and reply
                                                                                                                                                                  11, 2015 in GN Docket 12–268 and MB
                                                    program and the extension will ensure                   comments may be filed on or before
                                                                                                                                                                  Docket No. 15–146. The full text of this
                                                    that they can consider issues they                      October 30, 2015. Written comments on
                                                                                                                                                                  document is available for inspection
                                                    consider to be related. CEA states that                 the proposed information collection
                                                                                                                                                                  and copying during regular business
                                                    this rulemaking concerns a complex and                  requirements, subject to the Paperwork
                                                                                                                                                                  hours in the FCC Reference Center, 445
                                                                                                            Reduction Act (PRA) of 1995, Public
                                                    technical area and claims that the                                                                            12th Street SW., Room CY–A257,
                                                                                                            Law 104–13, should be submitted on or
                                                    comment periods are insufficient for it                                                                       Portals II, Washington, DC 20554. This
                                                                                                            before October 30, 2015.
                                                    to consult with its member companies                                                                          document is available in alternative
                                                                                                            ADDRESSES: You may submit comments,                   formats (computer diskette, large print,
                                                    within the timeframe provided. ANSI
                                                    ASC63 expressed similar concerns.                       identified by MB Docket No. 15–146,                   audio record, and Braille). Persons with
                                                                                                            GN Docket No. 12–268 and/or FCC 15–                   disabilities who need documents in
                                                      The Commission does not routinely                     78, by any of the following methods:                  these formats may contact the FCC by
                                                    grant extensions of time in rulemaking                    D Federal eRulemaking Portal: http://               email: FCC504@fcc.gov or phone: 202–
                                                    proceedings. However, we believe that a                 www.regulations.gov. Follow the                       418–0530 or TTY: 202–418–0432.
                                                    30-day extension of the comment filing                  instructions for submitting comments.                    Pursuant to sections 1.415 and 1.419
                                                    period followed by a 15-day extension                     D Federal Communications                            of the Commission’s rules, 47 CFR
                                                    to the reply comment filing period will                 Commission’s Web site: http://                        1.415, 1.419, interested parties may file
                                                    provide parties with an opportunity to                  apps.fcc.gov/ecfs/. Follow the                        comments and reply comments on or
                                                    more fully analyze and respond to the                   instructions for submitting comments.                 before the dates indicated on the first
                                                    complex technical issues raised in the                    D Mail: Filings can be sent by hand or              page of this document. Comments may
                                                    NPRM thus allowing development of a                     messenger delivery, by commercial                     be filed using the Commission’s
                                                    more complete record in these                           overnight courier, or by first-class or               Electronic Comment Filing System
                                                    proceedings.                                            overnight U.S. Postal Service mail                    (ECFS). See Electronic Filing of
                                                                                                            (although we continue to experience                   Documents in Rulemaking Proceedings,
                                                      Accordingly, it is ordered, pursuant to
                                                                                                            delays in receiving U.S. Postal Service               63 FR 24121 (1998).
                                                    the delegated authority contained in 47
                                                                                                            mail). All filings must be addressed to                  D Electronic Filers: Comments may be
                                                    CFR 0.31 and 0.241(a), that the                         the Commission’s Secretary, Office of
                                                    deadlines for filing comments and reply                                                                       filed electronically using the Internet by
                                                                                                            the Secretary, Federal Communications                 accessing the ECFS: http://apps.fcc.gov/
                                                    comments in the above captioned                         Commission.
                                                    proceedings are extended to October 9,                                                                        ecfs/.
                                                                                                               D People with Disabilities: Contact the               D Paper Filers: Parties who choose to
                                                    2015 and November 9, 2015.                              FCC to request reasonable                             file by paper must file an original and
                                                    Federal Communications Commission.                      accommodations (accessible format                     one copy of each filing. If more than one
                                                                                                            documents, sign language interpreters,                docket or rulemaking number appears in
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    Julius P. Knapp,
                                                                                                            CART, etc.) by email: FCC504@fcc.gov                  the caption of this proceeding, filers
                                                    Chief, Office of Engineering and Technology.
                                                                                                            or phone: 202–418–0530 or TTY: 202–                   must submit two additional copies for
                                                    [FR Doc. 2015–21634 Filed 8–31–15; 8:45 am]
                                                                                                            418–0432.                                             each additional docket or rulemaking
                                                    BILLING CODE 6712–01–P
                                                                                                            For detailed instructions for submitting              number.
                                                                                                            comments and additional information                      Filings can be sent by hand or
                                                                                                            on the rulemaking process, see the                    messenger delivery, by commercial
                                                                                                            SUPPLEMENTARY INFORMATION section of                  overnight courier, or by first-class or
                                                                                                            this document.                                        overnight U.S. Postal Service mail. All


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                                                    52716                Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Proposed Rules

                                                    filings must be addressed to the                        use by these devices and microphones.                 this present Supplemental Initial
                                                    Commission’s Secretary, Office of the                   Consistent with the Vacant Channel                    Regulatory Flexibility Analysis
                                                    Secretary, Federal Communications                       Notice of Proposed Rulemaking (NPRM),                 (Supplemental IRFA) concerning the
                                                    Commission.                                             licensed as well as unlicensed wireless               possible significant economic impact on
                                                       D All hand-delivered or messenger-                   microphones would have access to the                  small entities by the policies and rules
                                                    delivered paper filings for the                         second available television channel.                  proposed in this NPRM. Written public
                                                    Commission’s Secretary must be                          Recognizing the significant public                    comments are requested on this
                                                    delivered to FCC Headquarters at 445                    benefits provided by white space                      Supplemental IRFA. Comments must be
                                                    12th St. SW., Room TW–A325,                             devices and wireless microphones, the                 identified as responses to the
                                                    Washington, DC 20554. The filing hours                  Commission in the Incentive Auction                   Supplemental IRFA and must be filed
                                                    are 8 a.m. to 7 p.m. All hand deliveries                Report and Order stated that it was                   by the deadlines for comments
                                                    must be held together with rubber bands                 making the duplex gap available for use               indicated in the DATES section. The
                                                    or fasteners. Any envelopes and boxes                   by these services, subject to appropriate             Commission will send a copy of this
                                                    must be disposed of before entering the                 technical rules. The Commission                       Public Notice, including this
                                                    building.                                               specifically noted that it was deferring              Supplemental IRFA, to the Chief
                                                       D Commercial overnight mail (other                   a decision on whether to place                        Counsel for Advocacy of the Small
                                                    than U.S. Postal Service Express Mail                   television stations in the duplex gap. In             Business Administration (SBA).1 In
                                                    and Priority Mail) must be sent to 9300                 the Vacant Channel NPRM, we                           addition, this Public Notice and
                                                    East Hampton Drive, Capitol Heights,                    tentatively concluded that preserving a               Supplemental IRFA (or summaries
                                                    MD 20743.                                               vacant channel in the remaining                       thereof) will be published in the Federal
                                                       D U.S. Postal Service first-class,                   television band in each area of the                   Register.2
                                                    Express, and Priority mail must be                      United States for shared use by these                    In the Vacant Channel NPRM, the
                                                    addressed to 445 12th Street SW.,                       devices and microphones will help to                  Commission tentatively concluded that
                                                    Washington, DC 20554.                                   ensure that the public continues to have              preserving a vacant channel in the
                                                       People with Disabilities: To request                 access to the benefits they provide                   remaining television band in each area
                                                    materials in accessible formats for                     across the nation. White space devices                of the United States for shared use by
                                                    people with disabilities (braille, large                and wireless microphone advocates                     white space devices and wireless
                                                    print, electronic files, audio format),                 maintain that lack of access to the                   microphones will help to ensure that
                                                    send an email to fcc504@fcc.gov or call                 duplex gap in areas where it is subject               the public continues to have access to
                                                    the Consumer & Governmental Affairs                     to impairment will limit the public’s                 the benefits they provide across the
                                                    Bureau at 202–418–0530 (voice), 202–                    access to the benefits these services                 nation. As required by section 603 of the
                                                    418–0432 (tty).                                         provide. We propose to address this                   Regulatory Flexibility Act, 5 U.S.C. 603,
                                                                                                            concern by requiring demonstration of                 the Commission included as Appendix
                                                    Paperwork Reduction Act of 1995
                                                                                                            the availability of a second television               B of the Vacant Channel NPRM an
                                                    Analysis
                                                                                                            channel in accordance with the                        Initial Regulatory Flexibility Analysis
                                                      The Public Notice contains proposed                   procedures proposed in the Vacant                     (IRFA) of the possible significant
                                                    new or modified information collection                  Channel NPRM in geographic areas                      economic impact on small entities of the
                                                    requirements. The Commission, as part                   where the duplex gap is subject to                    proposals suggested in the Vacant
                                                    of its continuing effort to reduce                      impairment. More specifically, under                  Channel NPRM.
                                                    paperwork burdens, invites the general                  this proposal such a demonstration                       In this document, the Commission
                                                    public and the Office of Management                     would be required in geographic areas                 decides that a limited number of
                                                    and Budget (OMB) to comment on the                      where the protected contour of a                      broadcast television stations may be
                                                    information collection requirements                     television station assigned to the 600                reassigned during the incentive auction
                                                    contained in this document, as required                 MHz Band impairs the duplex gap. We                   and repacking process to channels
                                                    by the Paperwork Reduction Act of                       propose that applicants for new,                      within the ‘‘duplex gap’’ established as
                                                    1995, Public Law 104–13. In addition,                   displaced, or modified television station             part of the 600 MHz Band Plan. The
                                                    pursuant to the Small Business                          or Broadcast Auxiliary Station facilities             Commission notes that white space
                                                    Paperwork Relief Act of 2002, Public                    use existing tools to determine whether               devices and wireless microphone
                                                    Law 107–198, see 44 U.S.C. 3506(c)(4),                  the proposed facility overlaps with a                 advocates maintain that lack of access to
                                                    the Commission seeks specific comment                   geographic area where the duplex gap is               the duplex gap in areas where it is
                                                    on how it might further reduce the                      impaired, and then use the white space                subject to impairment will limit the
                                                    information collection burden for small                 databases to determine vacant channel                 public’s access to the benefits these
                                                    business concerns with fewer than 25                    availability in the overlap areas. We                 services provide. To address this
                                                    employees.                                              invite interested parties to comment on               concern, the Commission tentatively
                                                                                                            this tentative conclusion in MB Docket                concludes that it will preserve a second
                                                    Synopsis
                                                                                                            No. 15–146. We direct the Media Bureau                available television channel in the
                                                      To mitigate the potential impact on                   to establish new comment and reply                    remaining television band in such areas
                                                    white space devices and wireless                        deadlines of September 30 and October                 for shared use by white space devices
                                                    microphones in areas where the duplex                   30, 2015, respectively, for the proposals             and wireless microphones, in addition
                                                    gap is subject to impairment, we                        in the Vacant Channel NPRM as well as                 to the one such channel it has
                                                    tentatively conclude that we will
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            the proposals above. We intend to                     tentatively concluded will be made
                                                    designate a second available television                 address all of the proposals in the same              available in each area of the United
                                                    channel in the remaining television                     order.                                                States for shared use by these devices in
                                                    band in such areas for shared use by                                                                          the Vacant Channels NPRM. Under this
                                                    white space devices and wireless                        Supplemental Initial Regulatory
                                                                                                                                                                  proposal, demonstration of the
                                                    microphones, in addition to the one                     Flexibility Analysis
                                                                                                                                                                  availability of a second television
                                                    such channel we have tentatively                          As required by the Regulatory
                                                    concluded will be made available in                     Flexibility Act of 1980, as amended                     1 See   5 U.S.C. 603(a).
                                                    each area of the United States for shared               (RFA), the Commission has prepared                      2 Id.




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                                                                         Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Proposed Rules                                         52717

                                                    channel would be required in                            of a television station assigned to a                 2014–0054. You may submit a comment
                                                    accordance with the procedures                          channel within the duplex gap.                        by clicking on ‘‘Comment now!’’ Please
                                                    proposed in the Vacant Channel NPRM                     Federal Communications Commission.                    ensure that you have found the correct
                                                    in geographic areas where the duplex                    Marlene H. Dortch,
                                                                                                                                                                  rulemaking before submitting your
                                                    gap is subject to impairment.                                                                                 comment.
                                                                                                            Secretary.
                                                       We hereby incorporate by reference                                                                            • By U.S. mail or hand-delivery:
                                                                                                            [FR Doc. 2015–21560 Filed 8–31–15; 8:45 am]           Public Comments Processing, Attn:
                                                    the IRFA from the Vacant Channel
                                                    NPRM. This Supplemental IRFA                            BILLING CODE 6712–01–P                                Docket No. FWS–R4–ES–2014–0054;
                                                    supplements paragraphs 4 and 19 of the                                                                        U.S. Fish and Wildlife Service
                                                    IRFA as follows to reflect the second                                                                         Headquarters, MS BPHC, 5275 Leesburg
                                                    vacant channel preservation proposal.                   DEPARTMENT OF THE INTERIOR                            Pike, Falls Church, VA 22041–3803.
                                                    Consistent with the vacant channel                                                                               We request that you send comments
                                                                                                            Fish and Wildlife Service                             only by the methods described above.
                                                    proposal in the Vacant Channel NPRM,
                                                    we believe the second vacant channel                                                                          We will post all comments on http://
                                                                                                            50 CFR Part 17                                        www.regulations.gov. This generally
                                                    proposal in paragraph 32 of this
                                                    document will not significantly burden                  [Docket No. FWS–R4–ES–2014–0054;                      means that we will post any personal
                                                    small entities in terms of either the                   FXES11130900000C2–145–FF09E32000]                     information you provide us (see the
                                                    continued availability of channels in all                                                                     Information Requested section below for
                                                                                                            RIN 1018–BA46
                                                    areas or the administrative burdens of                                                                        more information).
                                                    compliance. After the final channel                     Endangered and Threatened Wildlife                       Document availability: A copy of the
                                                    assignments are made following the                      and Plants; Removal of Solidago                       draft post-delisting monitoring plan can
                                                    incentive auction, multiple vacant                      albopilosa (White-haired Goldenrod)                   be viewed at http://www.regulations.gov
                                                    channels will exist in most areas as a                  From the Federal List of Endangered                   under Docket No. FWS–R4–ES–2014–
                                                    result of the co- and adjacent channel                  and Threatened Plants                                 0054, or at the Kentucky Ecological
                                                    separation requirements necessary to                                                                          Services Field Office’s Web site at
                                                    protect primary broadcast stations from                 AGENCY:   Fish and Wildlife Service,                  http://www.fws.gov/frankfort/.
                                                    interference from each other. While the                 Interior.                                             FOR FURTHER INFORMATION CONTACT:
                                                    effect of the second vacant channel                     ACTION: Proposed rule; availability of                Virgil Lee Andrews, Jr., Field
                                                    preservation proposal would be to                       draft post-delisting monitoring plan.                 Supervisor, U.S. Fish and Wildlife
                                                    reduce by two the total number of                                                                             Service, Kentucky Ecological Services
                                                                                                            SUMMARY:    We, the U.S. Fish and                     Field Office, 330 West Broadway, Suite
                                                    vacant channels that would otherwise
                                                                                                            Wildlife Service (Service), propose to                265, Frankfort, Kentucky 40601;
                                                    be available in an area, it applies only
                                                                                                            remove the plant Solidago albopilosa                  telephone (502) 695–0468. Individuals
                                                    in those areas where the duplex gap is
                                                                                                            (white-haired goldenrod) from the                     who are hearing-impaired or speech-
                                                    subject to impairment. Our analysis
                                                                                                            Federal List of Endangered and                        impaired may call the Federal
                                                    indicates the duplex gap will not be
                                                                                                            Threatened Plants. This determination                 Information Relay Service at (800) 877–
                                                    subject to any impairment in most
                                                                                                            is based on a thorough review of the                  8339 for TTY assistance 24 hours a day,
                                                    markets even if the optimization
                                                                                                            best available scientific and commercial              7 days a week.
                                                    procedure tool is not restricted in
                                                                                                            information, which indicates that the                 SUPPLEMENTARY INFORMATION:
                                                    assigning impairing stations. Thus, the
                                                                                                            threats to this species have been
                                                    duplex gap will remain free from                                                                              Executive Summary
                                                                                                            eliminated or reduced to the point that
                                                    impairment across most of the country,
                                                                                                            the species no longer meets the                       Purpose of Regulatory Action
                                                    except in a relatively small number of
                                                                                                            definition of an endangered species or a
                                                    markets. Consequently, the impact on                                                                            We propose to remove the white-
                                                                                                            threatened species under the
                                                    small entities, in terms of the                                                                               haired goldenrod from the Federal List
                                                                                                            Endangered Species Act of 1973, as
                                                    availability of channels for future use,                                                                      of Endangered and Threatened Plants
                                                                                                            amended (Act). We seek information,
                                                    will be limited. Consistent with the                                                                          based on its recovery. This proposed
                                                                                                            data, and comments from the public
                                                    IRFA, although small entities may                                                                             action is based on a thorough review of
                                                                                                            regarding this proposal to delist S.
                                                    experience an increased burden, the                                                                           the best available scientific and
                                                                                                            albopilosa, and on the draft post-
                                                    Commission believes that adoption of                                                                          commercial information. This
                                                                                                            delisting monitoring plan.
                                                    the second vacant channel preservation                                                                        document: (1) Proposes to delist this
                                                    requirement will greatly benefit white                  DATES: To allow us adequate time to
                                                                                                            consider your comments on this                        endangered plant species; and (2)
                                                    space and wireless microphone users as                                                                        announces the availability of a draft
                                                    well as the manufacturer of white space                 proposed rule, we must receive your
                                                                                                            comments on or before November 2,                     post-delisting monitoring plan.
                                                    and wireless microphone equipment
                                                    that are also small businesses by                       2015. We must receive requests for                    Basis for Action
                                                    creating new uses and opportunity for                   public hearings in writing, at the                      We may delist a species if the best
                                                    this spectrum. The Commission also                      address shown in FOR FURTHER                          scientific and commercial data indicate
                                                    believes that this prioritization and                   INFORMATION CONTACT, by October 16,
                                                                                                                                                                  the species is neither a threatened
                                                    protection of white space is critical if it             2015.                                                 species nor an endangered species for
                                                    is to realize the benefits that this                    ADDRESSES:  You may submit comments                   one or more of the following reasons: (1)
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    spectrum will provide to small                          on this proposed rule and draft post-                 The species is extinct; (2) the species
                                                    businesses and developers that will                     delisting monitoring plan by one of the               has recovered and is no longer
                                                    usher forth new and unthought-of uses.                  following methods:                                    threatened or endangered; or (3) the
                                                       This Supplemental IRFA also                            • Federal eRulemaking Portal: Go to                 original data used at the time the
                                                    supplements paragraph 17 of the IRFA                    the Federal eRulemaking Portal: http://               species was classified were in error.
                                                    discussing procedures to reflect that a                 www.regulations.gov. In the Search box,               Here, we have determined that the
                                                    broadcast applicant would determine if                  enter the Docket Number for this                      species may be delisted based on
                                                    its contour overlaps the service contour                proposed rule, which is FWS–R4–ES–                    recovery.


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Document Created: 2018-02-26 10:04:26
Document Modified: 2018-02-26 10:04:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments may be filed on or before September 30, 2015, and reply comments may be filed on or before October 30, 2015. Written comments on the proposed information collection requirements, subject to the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13, should be submitted on or before October 30, 2015.
ContactShaun Maher, [email protected] of the Media Bureau, Video Division, (202) 418-2324, and Paul Murray, [email protected] of the Office of Engineering and Technology, (202) 418-0688. For additional information concerning the PRA information collection requirements contained in this document, contact Cathy Williams, Federal Communications Commission, at (202) 418-2918, or via email at [email protected]
FR Citation80 FR 52715 
CFR Citation47 CFR 15
47 CFR 73
47 CFR 74

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