80_FR_67555 80 FR 67344 - Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context

80 FR 67344 - Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 211 (November 2, 2015)

Page Range67344-67346
FR Document2015-27632

In this Second Order on Reconsideration, the Federal Communications Commission (Commission) provides more flexibility to broadcasters interested in the channel sharing option in the broadcast incentive auction by clarifying that back-up channel sharing agreements (``CSAs'') are permitted under its rules and providing more time for successful bidders to transition to shared facilities after the auction. The Commission also provides guidance regarding how the CSA exception to the prohibited communications rule applies with respect to back-up CSAs.

Federal Register, Volume 80 Issue 211 (Monday, November 2, 2015)
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67344-67346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27632]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[GN Docket No. 12-268 and MB Docket No. 15-137; FCC 15-139]


Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this Second Order on Reconsideration, the Federal 
Communications Commission (Commission) provides more flexibility to 
broadcasters interested in the channel sharing option in the broadcast 
incentive auction by clarifying that back-up channel sharing agreements 
(``CSAs'') are permitted under its rules and providing more time for 
successful bidders to transition to shared facilities after the 
auction. The Commission also provides guidance regarding how the CSA 
exception to the prohibited communications rule applies with respect to 
back-up CSAs.

DATES: Effective December 2, 2015.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, Shaun.Maher@fcc.gov of 
the Media Bureau, Video Division, (202) 418-2324.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Order on Reconsideration, FCC 15-139, adopted October 21, 2015, in MB 
Docket No. 15-137. The full text of the Second Order on Reconsideration 
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: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 
202-418-0432.
    Paperwork Reduction Act of 1995 Analysis: This Second Order on 
Reconsideration does not contain any additional new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (``PRA''), Public Law 104-13, beyond those that were 
already in the Commission's Incentive Auction Report and Order, 79 FR 
48442-01 (Aug. 15, 2014) (``Incentive Auction R&O''). In addition, 
therefore, it does not contain any additional new or modified 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, beyond those that were already in the 
Incentive Auction R&O.
    The Commission is seeking separate OMB approval for FCC Form 2100, 
Schedule B (for a full power station) and F (for a Class A station) and 
FCC Form 177.

Synopsis

    1. The Commission adopted rules for the broadcast incentive auction 
in the Incentive Auction R&O including rules for parties interested in 
entering into CSAs. The Commission recently modified those channel 
sharing rules to provide greater flexibility to stations considering 
that option. In this Second Order on Reconsideration, the Commission 
announces that the availability of back-up channel sharing arrangements 
would provide additional flexibility for stations considering channel 
sharing. In particular, it would enable both parties to a CSA to 
participate in the auction while mitigating the risk that the auction 
system could freeze both stations in the same round and thus deprive 
both stations of a post-auction host or ``sharer'' station. For some, 
the risk of being left without any spectrum on which to share may be 
too great and foreclose that kind of participation. The Commission 
concludes that a back-up CSA could mitigate that risk and encourage 
greater participation.
    2. The Commission clarifies that, if both parties to a CSA 
participate in the auction, the rules allow either or both parties to 
also enter into a back-up CSA with one other station in the same DMA to 
act as the back-up host or sharer station. By allowing the parties to 
secure a fallback arrangement in the event that both parties relinquish 
their spectrum usage rights in the auction, this clarification will 
help promote wider participation in the auction by broadcasters that 
require assurance that they will remain on the air in the DMA. The 
Commission reminds parties that all of their auction-related activity 
and communications, including with respect to back-up CSAs, must adhere 
to the antitrust laws as well as the rules.
    3. In the Second Order on Reconsideration, the Commission rejects 
the Broadcaster Representatives' request to allow ``contingent multi-
party CSAs across multiple markets.'' The Commission concludes that 
multi-market back-up CSAs are not necessary to address the uncertainty 
created if multiple parties to a particular CSA participate in the 
auction. Such a result would undermine the general goal of the rules 
prohibiting certain communications, which are intended to reinforce 
existing antitrust laws, facilitate the detection of collusive conduct, 
and assure incentive auction participants that the auction process will 
be fair and objective. The Commission restated that it crafted the CSA 
exception to apply on an agreement-by-agreement basis in order to 
encourage channel sharing relationships without undermining these 
objectives.
    4. The Commission also clarifies that, consistent with the 
foregoing, the CSA exception to the reverse auction rule prohibiting 
certain communications applies only to communications between parties 
to a single CSA at any given time. Further, the CSA exception only 
applies to a CSA, including back-up CSAs, if the CSA was entered into 
and filed with the Commission by the application deadline. If both 
stations pursuant to the primary CSA have a bidding status of 
``frozen--provisional winner,'' i.e., the auction system determines 
that the station can never be assigned a feasible channel in its pre-
auction band in the current stage, then parties to a back-up CSA may 
communicate regarding bids and bidding strategy and must cease 
communication of this type with the party to the original CSA. Prior to 
that point, the rationale for the CSA exception--that parties to a CSA 
should be able to ``fully engage as various options are presented 
during the auction process''--is inapplicable with respect to the back-
up CSA. Once the relinquishment bid of the prospective host of the CSA 
is provisionally accepted by the auction system in a given stage of the 
auction, the CSA exception may be utilized for otherwise prohibited 
communications involving the parties to the back-up agreement, and can 
no longer be utilized for parties to the primary agreement in that 
stage.
    5. The Commission notes that under the reverse auction bidding 
procedures, the bidding status of a ``frozen--provisional winner'' may 
change to ``bidding in the current round'' if the auction enters a 
subsequent stage. Accordingly, if the host in the primary CSA, which 
was no longer operative because its bidding status became ``frozen--
provisional winner'' in the

[[Page 67345]]

previous stage, is designated as ``bidding in the current round'' in a 
subsequent stage of the auction, and that CSA expressly provides that 
it becomes the operative sharing agreement under such circumstances, 
the host may notify the sharee in the primary CSA of that change in 
status and the CSA exception will again apply to communications between 
the parties to the primary agreement rather than with the back-up host.
    6. The Commission also finds that the attractiveness of the channel 
sharing option would be enhanced if sharees were given additional time 
to plan and execute their transition to the host's facilities. 
Currently, the rules require that all winning go off-air bidders in the 
reverse auction, including winning channel sharees, must terminate 
operations on their pre-auction channels within three months of when 
they receive auction proceeds. While three months for termination of 
operations is sufficient for go off-air winners who intend to 
relinquish their licenses and cease broadcasting altogether, the 
Commission recognizes that winning bidders that plan to share a channel 
will remain in operation and may therefore need more time to implement 
the move to the sharer's facility. For instance, a channel sharee may 
need time to deal with technical issues associated with transitioning 
to its shared location. If it is changing its community of license, it 
may also need to negotiate modifications to carriage agreements or 
finalize new must-carry arrangements with multichannel video 
programming distributors.
    7. For these reasons, the Commission modifies section 
73.3700(b)(4)(ii) of the rules to extend the amount of time a sharee in 
a pre- or post-auction CSA will have to relinquish its pre-auction 
channel to six months after receipt of its reverse auction proceeds. As 
the Commission decided in the Incentive Auction R&O, winning channel 
sharing bidders may request a waiver of up to an additional three 
months to cease operations on their pre-auction channel, pursuant to 
section 1.3 of the rules, and the Commission will view these requests 
most favorably. Further, winning channel sharing bidders may request an 
additional three-months, and the Commission will view the additional 
requests favorably as well so long as it determines that grant of the 
extension will not delay the post-auction transition. The Commission 
finds that this extension of the transition period to six months, and 
the availability of waivers of up to an additional six months, is 
unlikely to adversely affect the Commission's post-auction transition 
timeline.

Initial Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the U.S. Small 
Business Administration (SBA).
    In 2012, Congress mandated that the Commission conduct an incentive 
auction of broadcast television spectrum as set forth in the Middle 
Class Tax Relief and Job Creation Act of 2012 (``Spectrum Act''). The 
incentive auction will have three major pieces: (1) A ``reverse 
auction'' in which full power and Class A broadcast television 
licensees submit bids to voluntarily relinquish certain broadcast 
rights in exchange for payments; (2) a reorganization or ``repacking'' 
of the broadcast television bands in order to free up a portion of the 
ultra-high frequency (``UHF'') band for other uses; and (3) a ``forward 
auction'' of licenses for flexible use of the newly available spectrum. 
In the Incentive Auction R&O, the Commission adopted rules to implement 
the broadcast television spectrum incentive auction. Among other 
things, the Commission adopted rules for broadcast stations that choose 
to channel share. Pursuant to the RFA, a Final Regulatory Flexibility 
Analysis (``FRFA'') was incorporated into the Incentive Auction R&O.
    This Second Order on Reconsideration reflects clarifications and 
modifications to the Commission's rules arising in response to comments 
filed by Fox, ION, Tribune, and Univision (the ``Broadcaster 
Representatives''). The Commission generally responds favorably to the 
Broadcaster Representatives' requests, finding that providing these 
clarifications will increase broadcasters' flexibility to use the 
channel sharing bid option and will make the option more attractive. 
Specifically, this Second Order on Reconsideration clarifies the 
Commission's rules to permit broadcasters to enter into back-up channel 
sharing agreements (``CSAs'') with an additional partner to mitigate 
the risk that stations that intend to channel share could be left 
without spectrum after the auction, if both partners receive a status 
of ``frozen-provisionally winning'' in the same round of the reverse 
auction. The Commission also clarified that the CSA exception to the 
general prohibition on communications regarding bids and bidding 
strategy will apply to that back-up CSA, so long as the back-up CSA was 
filed before the application deadline, is the requirement for all CSAs. 
This Second Order on Reconsideration also permits back-up agreements 
based on price or other contingencies, but declines to extend the CSA 
exception to them as introducing unacceptable risk of becoming a 
vehicle for collusion. Finally, this Second Order on Reconsideration 
extends the transition period for channel sharing winning bidders from 
three months to six months, and extends the possibility for additional 
waivers from three months to six months, barring any delay this would 
cause other transitioning broadcasters.
    Neither of these changes adopted in this Second Order on 
Reconsideration will impose additional costs. The changes provide 
greater flexibility for both stations that wish to pursue channel 
sharing agreements pre-auction and those that become channel sharing 
stations post-auction. Therefore, the Commission certifies that the 
changes adopted in this Second Order on Reconsideration will not have a 
significant economic impact on a substantial number of small entities.
    The Commission will send a copy of the Second Order on 
Reconsideration, including a copy of this Final Regulatory Flexibility 
Certification, in a report to Congress pursuant to the Congressional 
Review Act. In addition, the Second Order on Reconsideration and this 
certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration, and will be published in the Federal 
Register.
Federal Rules Which Duplicate, Overlap, or Conflict With the 
Commission's Proposals
    None.

List of Subjects in 47 CFR Part 73

    Television and reporting and recordkeeping requirements.


[[Page 67346]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, 334, 336 and 339.

0
2. Section 73.3700 is amended by revising paragraphs (b)(3) and 
(b)(4)(ii) to read as follows:


Sec.  73.3700  Post-incentive auction licensing and operation.

* * * * **
    (b) * * *
    (3) License applications for channel sharing stations. The licensee 
of each channel sharee station and channel sharer station must file an 
application for a license for the shared channel using FCC Form 2100 
Schedule B (for a full power station) or F (for a Class A station) 
within six months of the date that the channel sharee station licensee 
receives its incentive payment pursuant to section 6403(a)(1) of the 
Spectrum Act.
    (4) * * *
    (ii) The licensee of a channel sharee station and a licensee of a 
license relinquishment station that has indicated in its Form 177 an 
intent to enter into a post-auction channel sharing agreement must 
comply with the notification and cancellation procedures in Sec.  
73.1750 and terminate operations on its pre-auction channel within six 
months of the date that the licensee receives its incentive payment 
pursuant to section 6403(a)(1) of the Spectrum Act.
* * * * *
[FR Doc. 2015-27632 Filed 10-30-15; 8:45 am]
 BILLING CODE 6712-01-P



                                                  67344            Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations

                                                  one Standard Definition (SD) program                    (‘‘PRA’’), Public Law 104–13, beyond                  the Broadcaster Representatives’ request
                                                  stream at all times.                                    those that were already in the                        to allow ‘‘contingent multi-party CSAs
                                                  *    *     *     *   *                                  Commission’s Incentive Auction Report                 across multiple markets.’’ The
                                                  [FR Doc. 2015–27738 Filed 10–30–15; 8:45 am]            and Order, 79 FR 48442–01 (Aug. 15,                   Commission concludes that multi-
                                                  BILLING CODE 6712–01–P                                  2014) (‘‘Incentive Auction R&O’’). In                 market back-up CSAs are not necessary
                                                                                                          addition, therefore, it does not contain              to address the uncertainty created if
                                                                                                          any additional new or modified                        multiple parties to a particular CSA
                                                  FEDERAL COMMUNICATIONS                                  information collection burden for small               participate in the auction. Such a result
                                                  COMMISSION                                              business concerns with fewer than 25                  would undermine the general goal of the
                                                                                                          employees, pursuant to the Small                      rules prohibiting certain
                                                  47 CFR Part 73                                          Business Paperwork Relief Act of 2002,                communications, which are intended to
                                                                                                          Public Law 107–198, beyond those that                 reinforce existing antitrust laws,
                                                  [GN Docket No. 12–268 and MB Docket No.
                                                  15–137; FCC 15–139]                                     were already in the Incentive Auction                 facilitate the detection of collusive
                                                                                                          R&O.                                                  conduct, and assure incentive auction
                                                  Channel Sharing by Full Power and                          The Commission is seeking separate                 participants that the auction process
                                                  Class A Stations Outside the                            OMB approval for FCC Form 2100,                       will be fair and objective. The
                                                  Broadcast Television Spectrum                           Schedule B (for a full power station) and             Commission restated that it crafted the
                                                  Incentive Auction Context                               F (for a Class A station) and FCC Form                CSA exception to apply on an
                                                                                                          177.                                                  agreement-by-agreement basis in order
                                                  AGENCY:  Federal Communications                                                                               to encourage channel sharing
                                                  Commission.                                             Synopsis
                                                                                                                                                                relationships without undermining
                                                  ACTION: Final rule.                                        1. The Commission adopted rules for                these objectives.
                                                                                                          the broadcast incentive auction in the                   4. The Commission also clarifies that,
                                                  SUMMARY: In this Second Order on                        Incentive Auction R&O including rules                 consistent with the foregoing, the CSA
                                                  Reconsideration, the Federal                            for parties interested in entering into               exception to the reverse auction rule
                                                  Communications Commission                               CSAs. The Commission recently                         prohibiting certain communications
                                                  (Commission) provides more flexibility                  modified those channel sharing rules to               applies only to communications
                                                  to broadcasters interested in the channel               provide greater flexibility to stations               between parties to a single CSA at any
                                                  sharing option in the broadcast                         considering that option. In this Second               given time. Further, the CSA exception
                                                  incentive auction by clarifying that                    Order on Reconsideration, the                         only applies to a CSA, including back-
                                                  back-up channel sharing agreements                      Commission announces that the                         up CSAs, if the CSA was entered into
                                                  (‘‘CSAs’’) are permitted under its rules                availability of back-up channel sharing               and filed with the Commission by the
                                                  and providing more time for successful                  arrangements would provide additional                 application deadline. If both stations
                                                  bidders to transition to shared facilities              flexibility for stations considering                  pursuant to the primary CSA have a
                                                  after the auction. The Commission also                  channel sharing. In particular, it would              bidding status of ‘‘frozen—provisional
                                                  provides guidance regarding how the                     enable both parties to a CSA to                       winner,’’ i.e., the auction system
                                                  CSA exception to the prohibited                         participate in the auction while                      determines that the station can never be
                                                  communications rule applies with                        mitigating the risk that the auction                  assigned a feasible channel in its pre-
                                                  respect to back-up CSAs.                                system could freeze both stations in the              auction band in the current stage, then
                                                  DATES: Effective December 2, 2015.
                                                                                                          same round and thus deprive both                      parties to a back-up CSA may
                                                                                                          stations of a post-auction host or                    communicate regarding bids and
                                                  FOR FURTHER INFORMATION CONTACT:                        ‘‘sharer’’ station. For some, the risk of             bidding strategy and must cease
                                                  Shaun Maher, Shaun.Maher@fcc.gov of                     being left without any spectrum on                    communication of this type with the
                                                  the Media Bureau, Video Division, (202)                 which to share may be too great and                   party to the original CSA. Prior to that
                                                  418–2324.                                               foreclose that kind of participation. The             point, the rationale for the CSA
                                                  SUPPLEMENTARY INFORMATION: This is a                    Commission concludes that a back-up                   exception—that parties to a CSA should
                                                  summary of the Commission’s Second                      CSA could mitigate that risk and                      be able to ‘‘fully engage as various
                                                  Order on Reconsideration, FCC 15–139,                   encourage greater participation.                      options are presented during the auction
                                                  adopted October 21, 2015, in MB Docket                     2. The Commission clarifies that, if               process’’—is inapplicable with respect
                                                  No. 15–137. The full text of the Second                 both parties to a CSA participate in the              to the back-up CSA. Once the
                                                  Order on Reconsideration is available                   auction, the rules allow either or both               relinquishment bid of the prospective
                                                  for inspection and copying during                       parties to also enter into a back-up CSA              host of the CSA is provisionally
                                                  regular business hours in the FCC                       with one other station in the same DMA                accepted by the auction system in a
                                                  Reference Center, 445 12th Street SW.,                  to act as the back-up host or sharer                  given stage of the auction, the CSA
                                                  Room CY–A257, Portals II, Washington,                   station. By allowing the parties to secure            exception may be utilized for otherwise
                                                  DC 20554. This document is available in                 a fallback arrangement in the event that              prohibited communications involving
                                                  alternative formats (computer diskette,                 both parties relinquish their spectrum                the parties to the back-up agreement,
                                                  large print, audio record, and Braille).                usage rights in the auction, this                     and can no longer be utilized for parties
                                                  Persons with disabilities who need                      clarification will help promote wider                 to the primary agreement in that stage.
                                                  documents in these formats may contact                  participation in the auction by                          5. The Commission notes that under
                                                  the FCC by email: FCC504@fcc.gov or                     broadcasters that require assurance that              the reverse auction bidding procedures,
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  phone: 202–418–0530 or TTY: 202–418–                    they will remain on the air in the DMA.               the bidding status of a ‘‘frozen—
                                                  0432.                                                   The Commission reminds parties that                   provisional winner’’ may change to
                                                     Paperwork Reduction Act of 1995                      all of their auction-related activity and             ‘‘bidding in the current round’’ if the
                                                  Analysis: This Second Order on                          communications, including with respect                auction enters a subsequent stage.
                                                  Reconsideration does not contain any                    to back-up CSAs, must adhere to the                   Accordingly, if the host in the primary
                                                  additional new or modified information                  antitrust laws as well as the rules.                  CSA, which was no longer operative
                                                  collection requirements subject to the                     3. In the Second Order on                          because its bidding status became
                                                  Paperwork Reduction Act of 1995                         Reconsideration, the Commission rejects               ‘‘frozen—provisional winner’’ in the


                                             VerDate Sep<11>2014   17:39 Oct 30, 2015   Jkt 238001   PO 00000   Frm 00084   Fmt 4700   Sfmt 4700   E:\FR\FM\02NOR1.SGM   02NOR1


                                                                   Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations                                         67345

                                                  previous stage, is designated as                        adversely affect the Commission’s post-               attractive. Specifically, this Second
                                                  ‘‘bidding in the current round’’ in a                   auction transition timeline.                          Order on Reconsideration clarifies the
                                                  subsequent stage of the auction, and that                                                                     Commission’s rules to permit
                                                                                                          Initial Regulatory Flexibility Act
                                                  CSA expressly provides that it becomes                                                                        broadcasters to enter into back-up
                                                                                                          Analysis
                                                  the operative sharing agreement under                                                                         channel sharing agreements (‘‘CSAs’’)
                                                  such circumstances, the host may notify                    The Regulatory Flexibility Act of                  with an additional partner to mitigate
                                                  the sharee in the primary CSA of that                   1980, as amended (RFA), requires that a               the risk that stations that intend to
                                                  change in status and the CSA exception                  regulatory flexibility analysis be                    channel share could be left without
                                                  will again apply to communications                      prepared for notice-and-comment rule                  spectrum after the auction, if both
                                                  between the parties to the primary                      making proceedings, unless the agency                 partners receive a status of ‘‘frozen-
                                                  agreement rather than with the back-up                  certifies that ‘‘the rule will not, if                provisionally winning’’ in the same
                                                  host.                                                   promulgated, have a significant                       round of the reverse auction. The
                                                     6. The Commission also finds that the                economic impact on a substantial                      Commission also clarified that the CSA
                                                  attractiveness of the channel sharing                   number of small entities.’’ The RFA                   exception to the general prohibition on
                                                  option would be enhanced if sharees                     generally defines the term ‘‘small                    communications regarding bids and
                                                  were given additional time to plan and                  entity’’ as having the same meaning as                bidding strategy will apply to that back-
                                                  execute their transition to the host’s                  the terms ‘‘small business,’’ ‘‘small                 up CSA, so long as the back-up CSA was
                                                  facilities. Currently, the rules require                organization,’’ and ‘‘small governmental              filed before the application deadline, is
                                                                                                          jurisdiction.’’ In addition, the term                 the requirement for all CSAs. This
                                                  that all winning go off-air bidders in the
                                                                                                          ‘‘small business’’ has the same meaning               Second Order on Reconsideration also
                                                  reverse auction, including winning
                                                                                                          as the term ‘‘small business concern’’                permits back-up agreements based on
                                                  channel sharees, must terminate
                                                                                                          under the Small Business Act. A ‘‘small               price or other contingencies, but
                                                  operations on their pre-auction channels
                                                                                                          business concern’’ is one which: (1) Is               declines to extend the CSA exception to
                                                  within three months of when they
                                                                                                          independently owned and operated; (2)                 them as introducing unacceptable risk
                                                  receive auction proceeds. While three
                                                                                                          is not dominant in its field of operation;            of becoming a vehicle for collusion.
                                                  months for termination of operations is
                                                                                                          and (3) satisfies any additional criteria             Finally, this Second Order on
                                                  sufficient for go off-air winners who
                                                                                                          established by the U.S. Small Business                Reconsideration extends the transition
                                                  intend to relinquish their licenses and
                                                                                                          Administration (SBA).                                 period for channel sharing winning
                                                  cease broadcasting altogether, the                         In 2012, Congress mandated that the
                                                  Commission recognizes that winning                                                                            bidders from three months to six
                                                                                                          Commission conduct an incentive
                                                  bidders that plan to share a channel will                                                                     months, and extends the possibility for
                                                                                                          auction of broadcast television spectrum
                                                  remain in operation and may therefore                                                                         additional waivers from three months to
                                                                                                          as set forth in the Middle Class Tax
                                                  need more time to implement the move                    Relief and Job Creation Act of 2012                   six months, barring any delay this
                                                  to the sharer’s facility. For instance, a               (‘‘Spectrum Act’’). The incentive                     would cause other transitioning
                                                  channel sharee may need time to deal                    auction will have three major pieces: (1)             broadcasters.
                                                  with technical issues associated with                   A ‘‘reverse auction’’ in which full power                Neither of these changes adopted in
                                                  transitioning to its shared location. If it             and Class A broadcast television                      this Second Order on Reconsideration
                                                  is changing its community of license, it                licensees submit bids to voluntarily                  will impose additional costs. The
                                                  may also need to negotiate                              relinquish certain broadcast rights in                changes provide greater flexibility for
                                                  modifications to carriage agreements or                 exchange for payments; (2) a                          both stations that wish to pursue
                                                  finalize new must-carry arrangements                    reorganization or ‘‘repacking’’ of the                channel sharing agreements pre-auction
                                                  with multichannel video programming                     broadcast television bands in order to                and those that become channel sharing
                                                  distributors.                                           free up a portion of the ultra-high                   stations post-auction. Therefore, the
                                                     7. For these reasons, the Commission                 frequency (‘‘UHF’’) band for other uses;              Commission certifies that the changes
                                                  modifies section 73.3700(b)(4)(ii) of the               and (3) a ‘‘forward auction’’ of licenses             adopted in this Second Order on
                                                  rules to extend the amount of time a                    for flexible use of the newly available               Reconsideration will not have a
                                                  sharee in a pre- or post-auction CSA                    spectrum. In the Incentive Auction                    significant economic impact on a
                                                  will have to relinquish its pre-auction                 R&O, the Commission adopted rules to                  substantial number of small entities.
                                                  channel to six months after receipt of its              implement the broadcast television                       The Commission will send a copy of
                                                  reverse auction proceeds. As the                        spectrum incentive auction. Among                     the Second Order on Reconsideration,
                                                  Commission decided in the Incentive                     other things, the Commission adopted                  including a copy of this Final
                                                  Auction R&O, winning channel sharing                    rules for broadcast stations that choose              Regulatory Flexibility Certification, in a
                                                  bidders may request a waiver of up to                   to channel share. Pursuant to the RFA,                report to Congress pursuant to the
                                                  an additional three months to cease                     a Final Regulatory Flexibility Analysis               Congressional Review Act. In addition,
                                                  operations on their pre-auction channel,                (‘‘FRFA’’) was incorporated into the                  the Second Order on Reconsideration
                                                  pursuant to section 1.3 of the rules, and               Incentive Auction R&O.                                and this certification will be sent to the
                                                  the Commission will view these                             This Second Order on                               Chief Counsel for Advocacy of the Small
                                                  requests most favorably. Further,                       Reconsideration reflects clarifications               Business Administration, and will be
                                                  winning channel sharing bidders may                     and modifications to the Commission’s                 published in the Federal Register.
                                                  request an additional three-months, and                 rules arising in response to comments
                                                  the Commission will view the                            filed by Fox, ION, Tribune, and                       Federal Rules Which Duplicate,
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  additional requests favorably as well so                Univision (the ‘‘Broadcaster                          Overlap, or Conflict With the
                                                  long as it determines that grant of the                 Representatives’’). The Commission                    Commission’s Proposals
                                                  extension will not delay the post-                      generally responds favorably to the
                                                  auction transition. The Commission                      Broadcaster Representatives’ requests,                   None.
                                                  finds that this extension of the                        finding that providing these                          List of Subjects in 47 CFR Part 73
                                                  transition period to six months, and the                clarifications will increase broadcasters’
                                                  availability of waivers of up to an                     flexibility to use the channel sharing bid              Television and reporting and
                                                  additional six months, is unlikely to                   option and will make the option more                  recordkeeping requirements.


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                                                  67346            Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations

                                                  Federal Communications Commission.                      DEPARTMENT OF COMMERCE                                apportionment of pollock in Statistical
                                                  Marlene H. Dortch,                                                                                            Areas 610, 620, and 630 of the GOA to
                                                  Secretary.                                              National Oceanic and Atmospheric                      reflect the underharvest of pollock in
                                                                                                          Administration                                        those areas during the C season. In
                                                  Final Rules                                                                                                   addition, any underharvest remaining
                                                                                                          50 CFR Part 679                                       beyond 20 percent of the originally
                                                    For the reasons discussed in the                                                                            specified seasonal apportionment in a
                                                  preamble, the Federal Communications                    [Docket No. 140918791–4999–02]
                                                                                                                                                                particular area may be further
                                                  Commission amends 47 CFR part 73 as                     RIN 0648–XE293                                        apportioned to other statistical areas.
                                                  follows:                                                                                                      Therefore, NMFS also is increasing the
                                                                                                          Fisheries of the Exclusive Economic                   D season apportionment of pollock to
                                                  PART 73—RADIO BROADCAST                                 Zone Off Alaska; Inseason Adjustment                  Statistical Areas 610 and 630 based on
                                                  SERVICES                                                to the 2015 Gulf of Alaska Pollock                    the underharvest of pollock in
                                                                                                          Seasonal Apportionments                               Statistical Areas 620 of the GOA. These
                                                  ■ 1. The authority citation for part 73                                                                       adjustments are described below.
                                                  continues to read as follows:                           AGENCY:  National Marine Fisheries                      The D seasonal apportionment of the
                                                                                                          Service (NMFS), National Oceanic and                  2015 pollock TAC in Statistical Area
                                                    Authority: 47 U.S.C. 154, 303, 334, 336               Atmospheric Administration (NOAA),
                                                  and 339.                                                                                                      610 of the GOA is 12,185 metric tons
                                                                                                          Commerce.                                             (mt) as established by the final 2015 and
                                                  ■ 2. Section 73.3700 is amended by                      ACTION: Temporary rule; inseason                      2016 harvest specifications for
                                                  revising paragraphs (b)(3) and (b)(4)(ii)               adjustment                                            groundfish of the GOA (80 FR 10250,
                                                  to read as follows:                                                                                           February 25, 2015). In accordance with
                                                                                                          SUMMARY: NMFS is adjusting the 2015                   § 679.20(a)(5)(iv)(B), the Administrator,
                                                  § 73.3700 Post-incentive auction licensing              seasonal apportionments of the total                  Alaska Region, NMFS (Regional
                                                  and operation.                                          allowable catch (TAC) for pollock in the              Administrator), hereby increases the D
                                                  *       *    *     *     **                             Gulf of Alaska (GOA) by re-apportioning               season apportionment for Statistical
                                                                                                          unharvested pollock TAC in Statistical                Area 610 by 2,437 mt to account for the
                                                     (b) * * *
                                                                                                          Areas 610, 620, and 630 of the GOA.                   underharvest of the TAC in Statistical
                                                     (3) License applications for channel                 This action is necessary to provide                   Areas 610 and 620 in the C season. This
                                                  sharing stations. The licensee of each                  opportunity for harvest of the 2015                   increase is in proportion to the
                                                  channel sharee station and channel                      pollock TAC, consistent with the goals                estimated pollock biomass and is not
                                                  sharer station must file an application                 and objectives of the Fishery                         greater than 20 percent of the D seasonal
                                                  for a license for the shared channel                    Management Plan for Groundfish of the                 apportionment of the TAC in Statistical
                                                  using FCC Form 2100 Schedule B (for a                   Gulf of Alaska.                                       Area 610. Therefore, the revised D
                                                  full power station) or F (for a Class A                 DATES: Effective 1200 hours, Alaska                   seasonal apportionment of the pollock
                                                  station) within six months of the date                  local time (A.l.t.), October 28, 2015,                TAC in Statistical Area 610 is 14,622 mt
                                                  that the channel sharee station licensee                until 2400 hours A.l.t., December 31,                 (12,185 mt plus 2,437 mt).
                                                  receives its incentive payment pursuant                 2015.                                                   The D seasonal apportionment of the
                                                  to section 6403(a)(1) of the Spectrum                                                                         pollock TAC in Statistical Area 620 of
                                                                                                          FOR FURTHER INFORMATION CONTACT:               Josh
                                                  Act.                                                                                                          the GOA is 14,628 mt as established by
                                                                                                          Keaton, 907–586–7228.
                                                                                                                                                                the final 2015 and 2016 harvest
                                                     (4) * * *                                            SUPPLEMENTARY INFORMATION:      NMFS                  specifications for groundfish of the GOA
                                                     (ii) The licensee of a channel sharee                manages the groundfish fishery in the                 (80 FR 10250, February 25, 2015). In
                                                  station and a licensee of a license                     GOA exclusive economic zone                           accordance with § 679.20(a)(5)(iv)(B),
                                                  relinquishment station that has                         according to the Fishery Management                   the Regional Administrator hereby
                                                  indicated in its Form 177 an intent to                  Plan for Groundfish of the Gulf of                    increases the D seasonal apportionment
                                                  enter into a post-auction channel                       Alaska (FMP) prepared by the North                    for Statistical Area 620 by 2,926 mt to
                                                  sharing agreement must comply with                      Pacific Fishery Management Council                    account for the underharvest of the TAC
                                                  the notification and cancellation                       (Council) under authority of the                      in Statistical Areas 620 in the C season.
                                                  procedures in § 73.1750 and terminate                   Magnuson-Stevens Fishery                              This increase is not greater than 20
                                                                                                          Conservation and Management Act.                      percent of the D seasonal apportionment
                                                  operations on its pre-auction channel
                                                                                                          Regulations governing fishing by U.S.                 of the TAC in Statistical Area 620.
                                                  within six months of the date that the
                                                                                                          vessels in accordance with the FMP                    Therefore, the revised D seasonal
                                                  licensee receives its incentive payment
                                                                                                          appear at subpart H of 50 CFR part 600                apportionment of the pollock TAC in
                                                  pursuant to section 6403(a)(1) of the                   and 50 CFR part 679.                                  Statistical Area 620 is 17,554 mt (14,628
                                                  Spectrum Act.                                             The annual pollock TACs in                          mt plus 2,926 mt).
                                                  *       *    *     *     *                              Statistical Areas 610, 620, and 630 of                  The D seasonal apportionment of
                                                  [FR Doc. 2015–27632 Filed 10–30–15; 8:45 am]            the GOA are apportioned among four                    pollock TAC in Statistical Area 630 of
                                                  BILLING CODE 6712–01–P                                  seasons, in accordance with                           the GOA is 18,639 mt as established by
                                                                                                          § 679.23(d)(2). Regulations at                        the final 2015 and 2016 harvest
                                                                                                          § 679.20(a)(5)(iv)(B) allow the                       specifications for groundfish of the GOA
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          underharvest of a seasonal                            (80 FR 10250, February 25, 2015). In
                                                                                                          apportionment to be added to                          accordance with § 679.20(a)(5)(iv)(B),
                                                                                                          subsequent seasonal apportionments,                   the Regional Administrator hereby
                                                                                                          provided that any revised seasonal                    increases the D seasonal apportionment
                                                                                                          apportionment does not exceed 20                      for Statistical Area 630 by 3,728 mt to
                                                                                                          percent of the seasonal apportionment                 account for the underharvest of the TAC
                                                                                                          for a given statistical area. Therefore,              in Statistical Areas 620 and 630 in the
                                                                                                          NMFS is increasing the D season                       C season. This increase is in proportion


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Document Created: 2018-03-01 11:30:02
Document Modified: 2018-03-01 11:30:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective December 2, 2015.
ContactShaun Maher, [email protected] of the Media Bureau, Video Division, (202) 418-2324.
FR Citation80 FR 67344 

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