80_FR_82020 80 FR 81769 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions

80 FR 81769 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 251 (December 31, 2015)

Page Range81769-81770
FR Document2015-32824

In this document, the Commission announces that the Office of Management and Budget (OMB) approved, on an emergency basis, a revision to an approved information collection to implement new collection requirements contained in the Broadcast Incentive Auction Report and Order, Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, FCC 14-50. This document is consistent with the Broadcast Incentive Auction Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rules and requirements.

Federal Register, Volume 80 Issue 251 (Thursday, December 31, 2015)
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81769-81770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32824]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[GN Docket No. 12-268; FCC 14-50]


Expanding the Economic and Innovation Opportunities of Spectrum 
Through Incentive Auctions

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) approved, on an emergency basis, a revision 
to an approved information collection to implement new collection 
requirements contained in the Broadcast Incentive Auction Report and 
Order, Expanding the Economic and Innovation Opportunities of Spectrum 
Through Incentive Auctions, FCC 14-50. This document is consistent with 
the Broadcast Incentive Auction Report and Order, which stated that the 
Commission would publish a document in the Federal Register announcing 
OMB approval and the effective date of the rules and requirements.

DATES: The amendments adding 47 CFR 1.2205(c) and 1.2205(d), published 
at 79 FR 48442, August 15, 2014, are effective on December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Contact Cathy Williams, 
[email protected], (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on December 
10, 2015, OMB approved, on an emergency basis, a revision to an 
approved information collection to implement new information collection 
requirements under 47 CFR 1.2205(c) and 1.2205(d), published at 79 FR 
48442 on August 15, 2014. The OMB Control Number is 3060-0995. The 
Commission publishes this document as an announcement of the effective 
date of the rules and requirements. If you have any comments on the 
burden estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street SW., Washington, DC 20554. Please include the OMB Control 
Number, 3060-0995, in your correspondence. The Commission will also 
accept your comments via the Internet if you send them to [email protected].
    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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received 
emergency approval from OMB on December 10, 2015 for the revised 
information collection requirements contained in the information 
collection 3060-0995, Section 1.2105(c), Bidding Application and 
Certification Procedures; Sections 1.2105(c) and Section 1.2205, 
Prohibition of Certain Communications.
    Under 5 CFR 1320, an agency may not conduct or sponsor a collection 
of information unless it displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-0995. The foregoing document is required by the 
Paperwork Reduction Act of 1995, Pub. L. 104-13, October 1, 1995, and 
44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0995.
    OMB Approval Date: December 10, 2015.
    OMB Expiration Date: June 30, 2016.
    Title: Section 1.2105(c), Bidding Application and Certification 
Procedures; Sections 1.2105(c) and Section 1.2205, Prohibition of 
Certain Communications.
    Form No.: N/A.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 10 respondents; 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. The 
statutory authority for this information collection is contained in 
sections 154(i), 309(j), and 1452(a)(3) of the Communications Act of 
1934, as amended, 47 U.S.C. 4(i), 309(j)(5), and 1452(a)(3), and 
sections 1.2205(c) and 1.2205(d) of the Commission's rules, 47 CFR 
1.2205(c), (d).
    Total Annual Burden: 50 hours.
    Total Annual Cost: $9,000.
    Privacy Act Impact Assessment: No impact(s).

[[Page 81770]]

    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. See 
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.
    Needs and Uses: In the Broadcast Incentive Auction Report and 
Order, the Commission adopted new requirements for parties that might 
participate in the reverse auction component of the television 
broadcast incentive auction (BIA) prohibiting certain communications 
and requiring a covered party that makes or receives a prohibited 
communication to file a report of such a communication with the 
Commission, along with procedures for reporting potentially prohibited 
communications. See 47 CFR 1.2205(b), (c), (d). 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 procompetitive arrangements between auction participants. 
They also help assure participants that the auction process will be 
fair and objective, and not subject to collusion. The revised 
information collection implements the new BIA-specific rules in 
sections 1.2205(c) and 1.2205(d) by making clear the responsibility of 
parties who receive information that potentially violates the rules to 
promptly submit a report notifying the Commission, thereby helping the 
Commission enforce the prohibition on covered parties in the BIA, and 
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. 2015-32824 Filed 12-30-15; 8:45 am]
 BILLING CODE 6712-01-P



                                                              Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations                                                                                 81769

                                                TABLE 17—FINAL NUMERICAL VALUES FOR THE PERFORMANCE STANDARDS FOR THE PY 2018 ESRD QIP CLINICAL
                                                                  MEASURES USING THE MOST RECENTLY AVAILABLE DATA—Continued
                                                                     Measure                                       Achievement threshold                                     Benchmark                               Performance standard

                                                Pediatric Peritoneal Dialysis .....................           43.22% ....................................     88.39% ....................................        72.60%.
                                            Hypercalcemia .................................................   3.92% ......................................    0.00% ......................................       1.19%.
                                            NHSN Bloodstream Infection SIR ....................               1.812 .......................................   0 ..............................................   0.861.
                                            Standardized Readmission Ratio ....................               1.297 .......................................   0.588 .......................................      0.998.
                                            Standardized Transfusion Ratio ......................             1.470 .......................................   0.431 .......................................      0.923.
                                            ICH CAHPS .....................................................   15th percentile of eligible fa-                 90th percentile of eligible fa-                    50th percentile of eligible fa-
                                                                                                                cilities’ performance during                    cilities’ performance during                       cilities’ performance during
                                                                                                                CY 2015.                                        CY 2015.                                           CY 2015.



                                              11. On page 69069, third column,                                DATES:  The amendments adding 47 CFR                                      1.2105(c) and Section 1.2205,
                                            bottom of the page, footnote 15, the                              1.2205(c) and 1.2205(d), published at 79                                  Prohibition of Certain Communications.
                                            reference to ‘‘http://www.bls/gov/ooh/                            FR 48442, August 15, 2014, are effective                                     Under 5 CFR 1320, an agency may not
                                            healthcare/medical-records-and-health-                            on December 31, 2015.                                                     conduct or sponsor a collection of
                                            information-technicians.htm’’ is                                  FOR FURTHER INFORMATION CONTACT:                                          information unless it displays a current,
                                            corrected to read ‘‘http://www.bls.gov/                           Contact Cathy Williams,                                                   valid OMB Control Number.
                                            ooh/healthcare/medical-records-and-                               Cathy.Williams@fcc.gov, (202) 418–                                           No person shall be subject to any
                                            health-information-technicians.htm’’.                             2918.                                                                     penalty for failing to comply with a
                                              12. On page 69073, second column                                SUPPLEMENTARY INFORMATION: This
                                                                                                                                                                                        collection of information subject to the
                                            under the heading ‘‘e. Alternatives                               document announces that, on December                                      Paperwork Reduction Act that does not
                                            Considered’’ add the sub-heading ‘‘1.                             10, 2015, OMB approved, on an                                             display a current, valid OMB Control
                                            CY 2016 End-Stage Renal Disease’’.                                emergency basis, a revision to an                                         Number. The OMB Control Number is
                                              Dated: December 28, 2015.                                       approved information collection to                                        3060–0995. The foregoing document is
                                            Madhura Valverde,                                                 implement new information collection                                      required by the Paperwork Reduction
                                                                                                              requirements under 47 CFR 1.2205(c)                                       Act of 1995, Pub. L. 104–13, October 1,
                                            Executive Secretary to the Department,
                                            Department of Health and Human Services.                          and 1.2205(d), published at 79 FR 48442                                   1995, and 44 U.S.C. 3507.
                                                                                                              on August 15, 2014. The OMB Control                                          The total annual reporting burdens
                                            [FR Doc. 2015–32967 Filed 12–30–15; 8:45 am]
                                                                                                              Number is 3060–0995. The Commission                                       and costs for the respondents are as
                                            BILLING CODE 4120–01–P
                                                                                                              publishes this document as an                                             follows:
                                                                                                              announcement of the effective date of                                        OMB Control Number: 3060–0995.
                                                                                                              the rules and requirements. If you have                                      OMB Approval Date: December 10,
                                            FEDERAL COMMUNICATIONS                                            any comments on the burden estimates                                      2015.
                                            COMMISSION                                                        listed below, or how the Commission                                          OMB Expiration Date: June 30, 2016.
                                                                                                              can improve the collections and reduce                                       Title: Section 1.2105(c), Bidding
                                            47 CFR Part 1                                                                                                                               Application and Certification
                                                                                                              any burdens caused thereby, please
                                                                                                              contact Cathy Williams, Federal                                           Procedures; Sections 1.2105(c) and
                                            [GN Docket No. 12–268; FCC 14–50]
                                                                                                              Communications Commission, Room 1–                                        Section 1.2205, Prohibition of Certain
                                            Expanding the Economic and                                        C823, 445 12th Street SW., Washington,                                    Communications.
                                            Innovation Opportunities of Spectrum                              DC 20554. Please include the OMB                                             Form No.: N/A.
                                            Through Incentive Auctions                                        Control Number, 3060–0995, in your                                           Respondents: Business or other for-
                                                                                                              correspondence. The Commission will                                       profit entities; Not-for-profit
                                            AGENCY:   Federal Communications                                  also accept your comments via the                                         institutions; State, local or Tribal
                                            Commission.                                                       Internet if you send them to PRA@                                         government.
                                            ACTION: Final rule; announcement of                               fcc.gov.                                                                     Number of Respondents and
                                            effective date.                                                      To request materials in accessible                                     Responses: 10 respondents; 10
                                                                                                              formats for people with disabilities                                      responses.
                                            SUMMARY:   In this document, the                                  (Braille, large print, electronic files,                                     Estimated Time per Response: 1.5
                                            Commission announces that the Office                              audio format), send an email to fcc504@                                   hours to 2 hours.
                                            of Management and Budget (OMB)                                    fcc.gov or call the Consumer and                                             Frequency of Response: On-occasion
                                            approved, on an emergency basis, a                                Governmental Affairs Bureau at (202)                                      reporting requirement.
                                            revision to an approved information                               418–0530 (voice), (202) 418–0432                                             Obligation to Respond: Required to
                                            collection to implement new collection                            (TTY).                                                                    obtain or retain benefits. The statutory
                                            requirements contained in the                                                                                                               authority for this information collection
                                            Broadcast Incentive Auction Report and                            Synopsis                                                                  is contained in sections 154(i), 309(j),
                                            Order, Expanding the Economic and                                   As required by the Paperwork                                            and 1452(a)(3) of the Communications
                                            Innovation Opportunities of Spectrum                              Reduction Act of 1995 (44 U.S.C. 3507),                                   Act of 1934, as amended, 47 U.S.C. 4(i),
                                            Through Incentive Auctions, FCC 14–                               the Commission is notifying the public                                    309(j)(5), and 1452(a)(3), and sections
                                            50. This document is consistent with                              that it received emergency approval                                       1.2205(c) and 1.2205(d) of the
tkelley on DSK3SPTVN1PROD with RULES




                                            the Broadcast Incentive Auction Report                            from OMB on December 10, 2015 for the                                     Commission’s rules, 47 CFR 1.2205(c),
                                            and Order, which stated that the                                  revised information collection                                            (d).
                                            Commission would publish a document                               requirements contained in the                                                Total Annual Burden: 50 hours.
                                            in the Federal Register announcing                                information collection 3060–0995,                                            Total Annual Cost: $9,000.
                                            OMB approval and the effective date of                            Section 1.2105(c), Bidding Application                                       Privacy Act Impact Assessment: No
                                            the rules and requirements.                                       and Certification Procedures; Sections                                    impact(s).


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                                            81770            Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations

                                              Nature and Extent of Confidentiality:                  and, if warranted, referred to the                    SUPPLEMENTARY INFORMATION:
                                            The Commission will take all reasonable                  Commission’s Enforcement Bureau for                   Regulations implemented under the
                                            steps to protect the confidentiality of all              possible investigation and                            authority of the Atlantic Tunas
                                            Commission-held data of a reverse                        administrative action. The Commission                 Convention Act (ATCA; 16 U.S.C. 971 et
                                            auction applicant consistent with the                    may also refer allegations of                         seq.) and the Magnuson-Stevens Fishery
                                            confidentiality requirements of the                      anticompetitive auction conduct to the                Conservation and Management Act
                                            Spectrum Act and the Commission’s                        Department of Justice for investigation.              (Magnuson-Stevens Act; 16 U.S.C. 1801
                                            rules. See 47 U.S.C. 1452(a)(3); 47 CFR                  Federal Communications Commission.                    et seq.) governing the harvest of North
                                            1.2206. In addition, to the extent                       Gloria J. Miles,                                      Atlantic SWO by persons and vessels
                                            necessary, a full power or Class A                                                                             subject to U.S. jurisdiction are found at
                                                                                                     Federal Register Liaison Officer. Office of the
                                            television broadcast licensee may                        Secretary.                                            50 CFR part 635. Section 635.27
                                            request confidential treatment of any                                                                          subdivides the U.S. North Atlantic SWO
                                                                                                     [FR Doc. 2015–32824 Filed 12–30–15; 8:45 am]
                                            report of a prohibited communication                                                                           quota recommended by the
                                                                                                     BILLING CODE 6712–01–P
                                            submitted to the Commission that is not                                                                        International Commission for the
                                            already being treated as confidential                                                                          Conservation of Atlantic Tunas (ICCAT)
                                            pursuant to section 0.459 of the                                                                               into two equal semi-annual directed
                                                                                                     DEPARTMENT OF COMMERCE                                fishery quotas, an annual incidental
                                            Commission’s rules. See 47 CFR 0.459.
                                            Forward auction applicants are entitled                                                                        catch quota for fishermen targeting other
                                                                                                     National Oceanic and Atmospheric
                                            to request confidentiality in accordance                                                                       species or taking SWO recreationally,
                                                                                                     Administration
                                            with section 0.459 of the Commission’s                                                                         and a reserve category, per the
                                            rules, 47 CFR 0.459.                                                                                           allocations established in the 2006
                                                                                                     50 CFR Part 635
                                               Needs and Uses: In the Broadcast                                                                            Consolidated Highly Migratory Species
                                            Incentive Auction Report and Order, the
                                                                                                     [Docket No. 120627194–3657–02]                        Fishery Management Plan (2006
                                            Commission adopted new requirements                      RIN 0648–XE295                                        Consolidated HMS FMP) (71 FR 58058,
                                            for parties that might participate in the                                                                      October 2, 2006), as amended, and in
                                            reverse auction component of the                         Atlantic Highly Migratory Species;                    accordance with implementing
                                                                                                     North Atlantic Swordfish Fishery                      regulations. NMFS is required under
                                            television broadcast incentive auction
                                                                                                                                                           ATCA and the Magnuson-Stevens Act to
                                            (BIA) prohibiting certain                                AGENCY:  National Marine Fisheries                    provide U.S. fishing vessels with a
                                            communications and requiring a                           Service (NMFS), National Oceanic and                  reasonable opportunity to harvest the
                                            covered party that makes or receives a                   Atmospheric Administration (NOAA),                    ICCAT-recommended quota.
                                            prohibited communication to file a                       Commerce.                                                The 2016 adjusted North Atlantic
                                            report of such a communication with                      ACTION: Temporary rule; Swordfish                     SWO quota is expected to be 3,359.4 mt
                                            the Commission, along with procedures                    General Commercial permit retention                   dw (equivalent to the 2015 adjusted
                                            for reporting potentially prohibited                     limit inseason adjustment for Northwest               quota). From the adjusted quota, 50 mt
                                            communications. See 47 CFR 1.2205(b),                    Atlantic, Gulf of Mexico, and U.S.                    dw would be allocated to the reserve
                                            (c), (d). The Commission’s rules                         Caribbean regions.                                    category for inseason adjustments and
                                            prohibiting certain communications in                                                                          research, and 300 mt dw would be
                                            Commission auctions are designed to                      SUMMARY:   NMFS is adjusting the                      allocated to the incidental category,
                                            reinforce existing antitrust laws,                       Swordfish (SWO) General Commercial                    which includes recreational landings
                                            facilitate detection of collusive conduct,               permit retention limits for the                       and landings by incidental SWO permit
                                            and deter anticompetitive behavior,                      Northwest Atlantic, Gulf of Mexico, and               holders, per § 635.27(c)(1)(i). This
                                            without being so strict as to discourage                 U.S. Caribbean regions for January                    would result in an allocation of 3,009.4
                                            procompetitive arrangements between                      through June of the 2016 fishing year,                mt dw for the directed fishery, which
                                            auction participants. They also help                     unless otherwise noticed. The SWO                     would be split equally (1,504.7 mt dw)
                                            assure participants that the auction                     General Commercial permit retention                   between two seasons in 2016 (January
                                            process will be fair and objective, and                  limits in each of these regions are                   through June, and July through
                                            not subject to collusion. The revised                    increased from the default limits to six              December).
                                            information collection implements the                    SWO per vessel per trip. The SWO
                                            new BIA-specific rules in sections                       General Commercial permit retention                   Adjustment of SWO General
                                            1.2205(c) and 1.2205(d) by making clear                  limit in the Florida SWO Management                   Commercial Permit Vessel Retention
                                            the responsibility of parties who receive                Area will remain unchanged at the                     Limits
                                            information that potentially violates the                default limit of zero SWO per vessel per                The 2016 North Atlantic SWO fishing
                                            rules to promptly submit a report                        trip. This adjustment applies to SWO                  year, which is managed on a calendar-
                                            notifying the Commission, thereby                        General Commercial permitted vessels                  year basis and divided into two equal
                                            helping the Commission enforce the                       and Highly Migratory Species (HMS)                    semi-annual quotas, will begin on
                                            prohibition on covered parties in the                    Charter/Headboat permitted vessels                    January 1, 2016. Landings attributable to
                                            BIA, and further assuring incentive                      when on a non for-hire trip. This action              the SWO General Commercial permit
                                            auction participants that the auction                    is based upon consideration of the                    are counted against the applicable semi-
                                            process will be fair and competitive.                    applicable inseason regional retention                annual directed fishery quota. Regional
                                            The prohibited communication                             limit adjustment criteria.                            default retention limits for this permit
                                            reporting requirement required of                        DATES: The adjusted SWO General                       have been established and are
                                            covered parties will enable the                          Commercial permit retention limits in                 automatically effective from January 1
tkelley on DSK3SPTVN1PROD with RULES




                                            Commission to ensure that no bidder                      the Northwest Atlantic, Gulf of Mexico,               through December 31 each year, unless
                                            gains an unfair advantage over other                     and U.S. Caribbean regions are effective              changed based on the inseason regional
                                            bidders in its auctions and thus                         January 1, 2016, through June 30, 2016.               retention limit adjustment criteria at
                                            enhances the competitiveness and                         FOR FURTHER INFORMATION CONTACT: Rick                 § 635.24(b)(4)(iv). The default retention
                                            fairness of Commission’s auctions. The                   Pearson or Randy Blankinship, 727–                    limits established for the SWO General
                                            information collected will be reviewed                   824–5399.                                             Commercial permit are: (1) Northwest


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Document Created: 2015-12-31 02:15:00
Document Modified: 2015-12-31 02:15:00
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; announcement of effective date.
DatesThe amendments adding 47 CFR 1.2205(c) and 1.2205(d), published at 79 FR 48442, August 15, 2014, are effective on December 31, 2015.
ContactContact Cathy Williams, [email protected], (202) 418-2918.
FR Citation80 FR 81769 

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