80 FR 69663 - Information Collection Requirement Being Submitted to the Office of Management and Budget for Emergency Review and Approval

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 217 (November 10, 2015)

Page Range		69663-69664
FR Document		2015-28572

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)

[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69663-69664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28572]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0995]


Information Collection Requirement Being Submitted to the Office 
of Management and Budget for Emergency Review and Approval

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection. Comments are requested 
concerning: Whether the proposed collection of information is necessary 
for the proper performance of the functions of the Commission, 
including whether the information shall have practical utility; the 
accuracy of the Commission's burden estimate; ways to enhance the 
quality, utility, and clarity of the information collected; ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before December 
1, 2015.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email [email protected]; and to Cathy Williams, FCC, via 
email [email protected] and to [email protected]. Include in the 
comments the Title as shown in the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: The Commission is requesting emergency OMB 
processing of the information collection requirement(s) contained in 
this notice and has requested OMB approval no later than 26 days after 
the collection is received at OMB. To view a copy of this information 
collection request (ICR) submitted to OMB: (1) Go to the Web page 
http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of 
the Web page called ``Currently Under Review,'' (3) click on the 
downward-pointing arrow in the ``Select Agency'' box below the 
``Currently Under Review'' heading, (4) select ``Federal Communications 
Commission'' from the list of agencies presented in the ``Select 
Agency'' box, (5) click the ``Submit'' button to the right of the 
``Select Agency'' box, (6) when the list of FCC ICRs currently under 
review appears, look for the Title of this ICR and then click on the 
ICR Reference Number. A copy of the FCC submission to OMB will be 
displayed.
    OMB Control Number: 3060-0995.
    Title: Section 1.2105(c), Bidding Application and Certification 
Procedures; Sections 1.2105(c) and 1.2205, Prohibition of Certain 
Communications.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities, not-for-profit 
institutions, and state, local or tribal governments.
    Estimated Number of Respondents and Responses: 10 respondents and 
10 responses.
    Estimated Time per Response: 1.5 hours to 2 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this currently approved information collection 
is contained in sections 154(i) and 309(j) of the Communications Act, 
as amended, 47 U.S.C. 4(i), 309(j)(5), and section 1.2105(c) of the 
Commission's rules, 47

[[Page 69664]]

CFR 1.2105(c). Statutory authority for the revised information 
collection is contained in sections 154(i), 309(j), and 1452(a)(3) of 
the Communications Act, as amended, 47 U.S.C. 4(i), 309(j)(5), 
1452(a)(3), and sections 1.2105(c) and 1.2205 of the Commission's 
rules, 47 CFR 1.2105(c), 1.2205.
    Estimated Total Annual Burden: 50 hours.
    Total Annual Costs: $9,000.
    Nature and Extent of Confidentiality: The Commission will take all 
reasonable steps to protect the confidentiality of all Commission-held 
data of a reverse auction applicant consistent with the confidentiality 
requirements of the Spectrum Act and the Commission's rules. See 47 
U.S.C. 1452(a)(3); 47 CFR 1.2206. In addition, to the extent necessary, 
a full power or Class A television broadcast licensee may request 
confidential treatment of any report of a prohibited communication 
submitted to the Commission that is not already being treated as 
confidential pursuant to section 0.459 of the Commission's rules, 47 
CFR 0.459. Forward auction applicants are entitled to request 
confidentiality in accordance with section 0.459 of the Commission's 
rules, 47 CFR 0.459.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On February 22, 2012, the President signed the 
Spectrum Act, which, among other things, authorized the Commission to 
conduct incentive auctions, and directed that the Commission use this 
innovative tool for an incentive auction of broadcast television 
spectrum to help meet the Nation's growing spectrum needs. See Middle 
Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, sections 
6402, 6403, 125 Stat. 156 (2012) (Spectrum Act), codified at 47 U.S.C. 
309(j)(8)(G), 1452. The Commission's broadcast incentive auction (BIA) 
will have three main components: (1) A reverse auction in which 
broadcast television licensees will submit bids to voluntarily 
relinquish their spectrum usage rights in exchange for defined shares 
of proceeds from the forward auction; (2) a repacking of the broadcast 
television bands; and (3) a forward auction of initial licenses for 
flexible use of the newly available spectrum.
    The Commission is revising the currently approved information 
collection to implement new collection requirements resulting from the 
Commission's adoption of new and modified rules prohibiting certain 
communications for full power and Class A television broadcast 
licensees and for applicants seeking to participate in the forward 
auction component of the BIA and requiring such covered parties to file 
a report with the Commission within a specified period of time if they 
make or receive a prohibited communication. Subject to certain 
exceptions, section 1.2205(b) of the Commission's rules provides that, 
beginning on the deadline for submitting applications to participate in 
the reverse auction and until the results of the incentive auction are 
announced by public notice, all full power and Class A broadcast 
television licensees are prohibited from communicating directly or 
indirectly any incentive auction applicant's bids or bidding strategies 
to any other full power or Class A broadcast television licensee or to 
any forward auction applicant. Section 1.2205(c) requires any party 
that makes or receives a prohibited communication to report such 
communication in writing to the Commission immediately, and in no case 
later than five business days after the communication occurs. Section 
1.2205(d) provides the procedures for filing any reports required under 
section 1.2205(c). Subject to certain exceptions, forward auction 
applicants in the BIA are subject to a BIA-specific provision in 
section 1.2105(c) of the Commission's rules (in addition to the 
Commission's existing prohibited communications rule applicable to 
applicants in traditional Commission auctions), which provides that, 
beginning on the deadline for submitting applications to participate in 
the forward auction and until the results of the incentive auction have 
been announced by public notice, all forward auction applicants are 
prohibited from communicating directly or indirectly any incentive 
auction applicant's bids or bidding strategies to any full power or 
Class A broadcast television licensee. Section 1.2105(c) requires 
forward applicants that make or receive a prohibited communications 
that is prohibited under section 1.2105(c) to file a report of such a 
communication with the Commission.
    The Commission's rules prohibiting certain communications in 
Commission auctions are designed to reinforce existing antitrust laws, 
facilitate detection of collusive conduct, and deter anticompetitive 
behavior, without being so strict as to discourage pro-competitive 
arrangements between auction participants. They also help assure 
participants that the auction process will be fair and objective, and 
not subject to collusion. The information collected through the 
Commission's existing reporting requirement under section 1.2105(c) 
allows the Commission to enforce the prohibition on forward auction 
applicants by making clear the responsibility of parties who receive 
information that potentially violates the rules to promptly report to 
the Commission, thereby enhancing the competitiveness and fairness of 
its spectrum auctions. The revised information collection under the 
BIA-specific rule in section 1.2105(c) and in sections 1.2205(c) and 
1.2205(d) will likewise help the Commission enforce the prohibition on 
covered parties in the BIA, further assuring incentive auction 
participants that the auction process will be fair and competitive. The 
prohibited communication reporting requirement required of covered 
parties will enable the Commission to ensure that no bidder gains an 
unfair advantage over other bidders in its auctions and thus enhances 
the competitiveness and fairness of Commission's auctions. The 
information collected will be reviewed and, if warranted, referred to 
the Commission's Enforcement Bureau for possible investigation and 
administrative action. The Commission may also refer allegations of 
anticompetitive auction conduct to the Department of Justice for 
investigation.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2015-28572 Filed 11-9-15; 8:45 am]
 BILLING CODE 6712-01-P

69664 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices

CFR 1.2105(c). Statutory authority for BIA and requiring such covered parties prohibition on forward auction
the revised information collection is to file a report with the Commission applicants by making clear the
contained in sections 154(i), 309(j), and within a specified period of time if they responsibility of parties who receive
1452(a)(3) of the Communications Act, make or receive a prohibited information that potentially violates the
as amended, 47 U.S.C. 4(i), 309(j)(5), communication. Subject to certain rules to promptly report to the
1452(a)(3), and sections 1.2105(c) and exceptions, section 1.2205(b) of the Commission, thereby enhancing the
1.2205 of the Commission’s rules, 47 Commission’s rules provides that, competitiveness and fairness of its
CFR 1.2105(c), 1.2205. beginning on the deadline for spectrum auctions. The revised
Estimated Total Annual Burden: 50 submitting applications to participate in information collection under the BIA-
hours. the reverse auction and until the results specific rule in section 1.2105(c) and in
Total Annual Costs: $9,000. of the incentive auction are announced sections 1.2205(c) and 1.2205(d) will
Nature and Extent of Confidentiality: by public notice, all full power and likewise help the Commission enforce
The Commission will take all reasonable Class A broadcast television licensees the prohibition on covered parties in the
steps to protect the confidentiality of all are prohibited from communicating BIA, further assuring incentive auction
Commission-held data of a reverse directly or indirectly any incentive participants that the auction process
auction applicant consistent with the auction applicant’s bids or bidding will be fair and competitive. The
confidentiality requirements of the strategies to any other full power or prohibited communication reporting
Spectrum Act and the Commission’s Class A broadcast television licensee or requirement required of covered parties
rules. See 47 U.S.C. 1452(a)(3); 47 CFR to any forward auction applicant. will enable the Commission to ensure
1.2206. In addition, to the extent Section 1.2205(c) requires any party that that no bidder gains an unfair advantage
necessary, a full power or Class A makes or receives a prohibited over other bidders in its auctions and
television broadcast licensee may communication to report such thus enhances the competitiveness and
request confidential treatment of any communication in writing to the fairness of Commission’s auctions. The
report of a prohibited communication Commission immediately, and in no information collected will be reviewed
submitted to the Commission that is not case later than five business days after and, if warranted, referred to the
already being treated as confidential Commission’s Enforcement Bureau for
the communication occurs. Section
pursuant to section 0.459 of the
1.2205(d) provides the procedures for possible investigation and
Commission’s rules, 47 CFR 0.459.
filing any reports required under section administrative action. The Commission
Forward auction applicants are entitled
1.2205(c). Subject to certain exceptions, may also refer allegations of
to request confidentiality in accordance
forward auction applicants in the BIA anticompetitive auction conduct to the
with section 0.459 of the Commission’s
are subject to a BIA-specific provision in Department of Justice for investigation.
rules, 47 CFR 0.459.
Privacy Act Impact Assessment: No section 1.2105(c) of the Commission’s Federal Communications Commission.
impact(s). rules (in addition to the Commission’s Gloria J. Miles,
Needs and Uses: On February 22, existing prohibited communications
Federal Register Liaison Officer, Office of the
2012, the President signed the Spectrum rule applicable to applicants in Secretary.
Act, which, among other things, traditional Commission auctions),
[FR Doc. 2015–28572 Filed 11–9–15; 8:45 am]
authorized the Commission to conduct which provides that, beginning on the
BILLING CODE 6712–01–P
incentive auctions, and directed that the deadline for submitting applications to
Commission use this innovative tool for participate in the forward auction and
an incentive auction of broadcast until the results of the incentive auction
television spectrum to help meet the have been announced by public notice,
FEDERAL HOUSING FINANCE
Nation’s growing spectrum needs. See all forward auction applicants are
AGENCY
Middle Class Tax Relief and Job prohibited from communicating directly
Creation Act of 2012, Pub. L. 112–96, or indirectly any incentive auction
applicant’s bids or bidding strategies to [No. 2015–N–11]
sections 6402, 6403, 125 Stat. 156 (2012)
(Spectrum Act), codified at 47 U.S.C. any full power or Class A broadcast
Proposed Collection; Comment
309(j)(8)(G), 1452. The Commission’s television licensee. Section 1.2105(c)
Request
broadcast incentive auction (BIA) will requires forward applicants that make or
have three main components: (1) A receive a prohibited communications AGENCY: Federal Housing Finance
reverse auction in which broadcast that is prohibited under section Agency.
television licensees will submit bids to 1.2105(c) to file a report of such a ACTION: 60-day Notice of Submission of
voluntarily relinquish their spectrum communication with the Commission. Information Collection for Approval
usage rights in exchange for defined The Commission’s rules prohibiting from Office of Management and Budget.
shares of proceeds from the forward certain communications in Commission
auction; (2) a repacking of the broadcast auctions are designed to reinforce SUMMARY: In accordance with the
television bands; and (3) a forward existing antitrust laws, facilitate requirements of the Paperwork
auction of initial licenses for flexible detection of collusive conduct, and Reduction Act of 1995, the Federal
use of the newly available spectrum. deter anticompetitive behavior, without Housing Finance Agency (FHFA) is
The Commission is revising the being so strict as to discourage pro- seeking public comments concerning
currently approved information competitive arrangements between the information collection known as the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

collection to implement new collection auction participants. They also help ‘‘National Survey of Existing Mortgage
requirements resulting from the assure participants that the auction Borrowers’’ (NSEMB). This is a new
Commission’s adoption of new and process will be fair and objective, and collection that has not yet been assigned
modified rules prohibiting certain not subject to collusion. The a control number by the Office of
communications for full power and information collected through the Management and Budget (OMB). FHFA
Class A television broadcast licensees Commission’s existing reporting intends to submit the information
and for applicants seeking to participate requirement under section 1.2105(c) collection to OMB for review and
in the forward auction component of the allows the Commission to enforce the approval of a three-year control number.

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Document Created: 2018-03-01 11:26:09
Document Modified: 2018-03-01 11:26:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comments.
Dates		Written PRA comments should be submitted on or before December 1, 2015.
Contact		For additional information about the information collection, contact Cathy Williams at (202) 418-2918.
FR Citation		80 FR 69663