81 FR 17088 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 59 (March 28, 2016)

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, certain information collection requirements associated with the Commission's Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions Report and Order (Incentive Auction Report and Order), FCC 14- 50. This document is consistent with the 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 new

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Pages 17088-17091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06814]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[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 Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, certain information 
collection requirements associated with the Commission's Expanding the 
Economic and Innovation Opportunities of Spectrum Through Incentive 
Auctions Report and Order (Incentive Auction Report and Order), FCC 14-
50. This document is consistent with the 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 
new

DATES: 47 CFR 73.3700(b)(1)(i) through (v), (b)(2)(i) and (ii), (b)(3), 
(b)(4)(i) and (ii), and (b)(5); 73.3700(c); 73.3700(d); 73.3700(f); 
73.3700(g); 73.3700(h)(5), and FCC Form 2100, Schedules A, B, E and F, 
published at 79 FR 48442, August 15, 2014, are effective March 28, 
2016. OMB approved the information collection requirements in 47 CFR 
73.3700(b)(1)(vii) and (h)(2) on March 17, 2016.

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

SUPPLEMENTARY INFORMATION: This document announces that, on March 17, 
2016, OMB approved the information collection requirements contained in 
the Commission's Incentive Auction Report and Order, FCC 14-50, 
published at 79 FR 48442, August 15, 2014. The OMB Control Numbers are 
3060-0016, 3060-0027, 3060-0386, 3060-0837, 3060-0928, 3060-0932 and 
3060-1216. The Commission publishes this document as an announcement of 
the effective date of the 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, 3060-1194, 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 FCC is notifying the public that it received OMB approval on 
March 17, 2016, for some of the information

[[Page 17089]]

collection requirements contained in FCC 14-50, 47 CFR 73.3700(b)(1)(i) 
through (v), (vii), (b)(2)(i) and (ii), (b)(3), (b)(4)(i) and (ii), and 
(b)(5); 73.3700(c); 73.3700(d); 73.3700(f); 73.3700(g); 73.3700(h)(2), 
73.3700(h)(5), and FCC Form 2100, Schedules A, B, E and F.
    Under 5 CFR part 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 Numbers are 3060-0016, 3060-0027, 3060-0386, 3060-0837, 3060-
0928, 3060-0932 and 3060-1216. 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 No.: 3060-0016.
    OMB Approval Date: March 17, 2016.
    OMB Expiration Date: March 31, 2019.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule C (Former FCC Form 346); Sections 
74.793(d) and 74.787; LPTV Out-of-Core Digital Displacement 
Application; Section 73.3700(g)(1)-(3), Post-Incentive Auction 
Licensing and Operations.
    Form No.: FCC Form 2100, Schedule C.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 4,250 respondents and 4,250 
responses.
    Estimated Time per Response: 2.5-7 hours (total of 9.5 hours).
    Frequency of Response: One-time reporting requirement; on occasion 
reporting requirement; third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 154(i), 
303, 307, 308 and 309 of the Communications Act of 1934, as amended.
    Total Annual Burden: 40,375 hours.
    Annual Cost Burden: $23,579,000.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The collection was submitted to the Office of 
Management (OMB) for the approval of information collection 
requirements contained in the Commission's Incentive Auction Order, FCC 
14-50, which adopted rules for holding an Incentive Auction, as 
required by the Middle Class Tax Relief and Job Creation Act of 2012 
(Spectrum Act). The information gathered in this collection will be 
used to allow Low Power television stations and TV Translator stations 
that are displaced as a result of the Federal Communications 
Commission's Incentive Auction to submit an application for 
displacement relief during a restricted filing window. Form 2100, 
Schedule C is also used to apply for authority to construct or make 
changes to a Low Power Television, TV Translator or TV Booster 
broadcast station. OMB approved the requirements.
    OMB Control No.: 3060-0027.
    OMB Approval Date: March 17, 2016.
    OMB Expiration Date: March 31, 2019.
    Title: Application for Construction Permit for Commercial Broadcast 
*71795 Station, FCC Form 301; FCC Form 2100, Application for Media 
Bureau Audio and Video Service Authorization, Schedule A; 47 CFR 
73.3700(b)(1) and (2), Post Auction Licensing.
    Form No.: FCC Form 2100, Schedule A.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal Government.
    Number of Respondents and Responses: 3,080 respondents and 6,516 
responses.
    Estimated Time per Response: 1-6.25 hours.
    Frequency of Response: One-time reporting requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 
154(i), 303 and 308 of the Communications Act of 1934, as amended.
    Total Annual Burden: 15,287 hours.
    Annual Cost Burden: $62,775,788.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The collection was submitted to the Office of 
Management (OMB) for the approval of information collection 
requirements contained in the Commission's Incentive Auction Order, FCC 
14-50, which adopted rules for holding an Incentive Auction, as 
required by the Middle Class Tax Relief and Job Creation Act of 2012 
(Spectrum Act). The information gathered in this collection will be 
used to allow full-power television broadcast stations that are 
relocated to a new channel following the Federal Communications 
Commission's Incentive Auction to submit a construction application to 
build new facilities to operate on their post-auction channel. Form 
2100, Schedule A is also used to apply for authority to construct a new 
commercial AM, FM, or TV broadcast station and to make changes to 
existing facilities of such a station. OMB approved the requirements.

    OMB Control No.: 3060-1216.
    OMB Approval Date: March 17, 2016.
    OMB Expiration Date: March 31, 2019.
    Title: Media Bureau Incentive Auction Implementation, Sections 
73.3700(b)(4)(i)-(ii), (c), (d),
    (h)(5)-(6) and (g)(4).
    Form No.: N/A.
    Respondents: Business or other for-profit entities; Not for profit 
institutions.
    Number of Respondents and Responses: 1,950 respondents and 174,219 
responses.
    Estimated Time per Response: .004-15 hours.
    Frequency of Response: One-time reporting requirement; on occasion 
reporting requirement; recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in 47 U.S.C. 
151, 154, 301, 303, 307, 308, 309, 310, 316, 319, 325(b), 332, 336(f), 
338, 339, 340, 399b, 403, 534, 535, 1404, 1452, and 1454.
    Total Annual Burden: 24,932 hours.
    Annual Cost Burden: $1,214,400.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection.
    Needs and Uses: The collection was submitted to the Office of 
Management (OMB) for the approval of information collection 
requirements contained in the Commission's Incentive Auction Order, FCC 
14-50, which adopted rules for holding an Incentive Auction, as 
required by the Middle Class Tax Relief and Job Creation Act of 2012 
(Spectrum Act). The information gathered in this collection will be 
used to require broadcasters transitioning to a new station following 
the Incentive Auction, or going off the air as a result of a winning 
bid in the Incentive Auction, to notify their viewers of the date the 
station will terminate operations on its pre-Auction channel by running 
public service announcements, and allow these broadcasters to inform 
MVPDs of their relinquishment or change in channel. It

[[Page 17090]]

requires channel sharing agreements enter into by television broadcast 
licensees to contain certain provisions regarding access to facilities, 
financial obligations and to define each party's rights and 
responsibilities; the Commission will review each channel sharing 
agreement to ensure it comports with general rules and policies 
regarding license agreements. The provisions contained in this 
collection also require wireless licensees to notify low-power 
television and TV translator stations commence wireless operations and 
the likelihood of receiving harmful interference from the low power TV 
or TV translator station to such operations within the wireless 
licensee's licensed geographic service area. Finally, it requires 
license relinquishment stations and channel sharing stations to comply 
with notification and cancellation procedures as they terminate 
operations on their pre-Auction channel. OMB approved the requirements.

    OMB Control No.: 3060-0386.
    OMB Approval Date: March 17, 2016.
    OMB Expiration Date: March 31, 2019.
    Title: Special Temporary Authorization (STA) Requests; 
Notifications; and Informal Filings; Sections 1.5, 73.1615, 73.1635, 
73.1740 and 73.3598; CDBS Informal Forms; Section 74.788; Low Power 
Television, TV Translator and Class A Television Digital Transition 
Notifications; Section 73.3700(b)(5), Post Auction Licensing; Section 
73.3700(f), Service Rule Waiver; FCC Form 337.
    Form No.: FCC Form 337.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 6,609 respondents and 6,609 
responses.
    Estimated Time per Response: .50-4.0 hours.
    Frequency of Response: One-time reporting requirement and on 
occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 151, 
154(i), 157 and 309(j) as amended; Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, Sec.  6402 (codified at 47 
U.S.C. 309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 
(2012) (Spectrum Act); and Sections 1, 4(i) and (j), 7, 301, 302, 303, 
307, 308, 309, 312, 316, 318, 319, 324, 325, 336, and 337 of the 
Communications Act of 1934, as amended.
    Total Annual Burden: 5,475 hours.
    Annual Cost Burden: $2,156,510.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The collection was submitted to the Office of 
Management (OMB) for the approval of information collection 
requirements contained in the Commission's Incentive Auction Order, FCC 
14-50, which adopted rules for holding an Incentive Auction, as 
required by the Middle Class Tax Relief and Job Creation Act of 2012 
(Spectrum Act). The information gathered in this collection will be 
used to allow television broadcast stations to request special 
temporary authority (STA) to operate, seek an extension of time to 
complete construction, request a waiver of the Commission's service 
rules following the Incentive Auction, and make other informal requests 
and submissions. OMB approved the requirements.
    OMB Control No.: 3060-0837.
    OMB Approval Date: March 17, 2016.
    OMB Expiration Date: March 31, 2019.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule B (Former FCC Form 302-DTV).
    Form No.: FCC Form 2100, Schedule B.
    Respondents: Business or other for-profit entities; Not for profit 
institutions.
    Number of Respondents and Responses: 955 respondents and 955 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement and on 
occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in sections 
154(i), 307, 308, 309, and 319 of the Communications Act of 1934, as 
amended; the Community Broadcasters Protection Act of 1999, Public Law 
106-113, 113 Stat. Appendix I at pp. 1501A-594-1501A-598 (1999) 
(codified at 47 U.S.C. 336(f)); and the Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, sections 6402 (codified at 47 
U.S.C. 309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 
(2012) (Spectrum Act).
    Total Annual Burden: 1,910 hours.
    Annual Cost Burden: $460,070.00.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The collection was submitted to the Office of 
Management (OMB) for the approval of information collection 
requirements contained in the Commission's Incentive Auction Order, FCC 
14-50, which adopted rules for holding an Incentive Auction, as 
required by the Middle Class Tax Relief and Job Creation Act of 2012 
(Spectrum Act). The information gathered in this collection will be 
used to allow full-power television broadcast stations to file a 
license to cover an authorized construction permit once facilities have 
been constructed. In addition, full-power television broadcast stations 
that enter into channel sharing agreements following the Commission's 
Incentive Auction will use FCC Form 2100, Schedule B to file an 
application for a license for the shared channel sharing, and will 
allow a full-power station, upon termination of its channel sharing 
agreement, to file an application to change its license to non-shared 
status using FCC Form 2100, Schedule B. The requirements were approved 
by OMB.
    OMB Control No.: 3060-0928.
    OMB Approval Date: March 17, 2016.
    OMB Expiration Date: March 31, 2019.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule F (Formerly FCC 302-CA); 47 CFR 
73.3572(h) and 47 CFR 73.3700(b)).
    Form No.: FCC Form 2100, Schedule F.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal Government.
    Number of Respondents and Responses: 955 respondents and 955 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement and on 
occasion reporting requirement.
    Total Annual Burden: 1,910 hours.
    Annual Cost Burden: $300,825.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The collection was submitted to the Office of 
Management (OMB) for the approval of information collection 
requirements contained in the Commission's Incentive Auction Order, FCC 
14-50, which adopted rules for holding an Incentive Auction, as 
required by the Middle Class Tax Relief and Job Creation Act of 2012 
(Spectrum Act). The information gathered in this collection will be 
used by Class A stations seeking a license to cover their authorized 
construction permit facilities and Class A stations entering into a

[[Page 17091]]

channel sharing agreement. These requirements were approved by OMB.
    OMB Control No.: 3060-0932.
    OMB Approval Date: March 17, 2016.
    OMB Expiration Date: March 31, 2019.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule E (Former FCC Form 301-CA); 47 CFR 
73.3700(b)(1)(i)-(v) and (vii), (b)(2)(i) and (ii); 47 CFR 74.793(d).
    Form No.: FCC Form 2100, Schedule E (Application for Media Bureau 
Audio and Video Service Authorization) (Former FCC Form 301-CA).
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, Local or Tribal Government.
    Number of Respondents and Responses: 725 respondents and 725 
responses.
    Estimated Time per Response: 2.25 hours-6 hours (for a total of 
8.25 hours).
    Frequency of Response: One-time reporting requirement; On occasion 
reporting requirement; Third party disclosure requirement; 
Recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 151, 
154(i), 157 and 309(j) as amended; Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, sections 6402 (codified at 47 
U.S.C. 309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 
(2012) (Spectrum Act) and the Community Broadcasters Protection Act of 
1999.
    Total Annual Burden: 5,981 hours.
    Annual Cost Burden: $3,949,550.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The collection was submitted to the Office of 
Management (OMB) for the approval of information collection 
requirements contained in the Commission's Incentive Auction Order, FCC 
14-50, which adopted rules for holding an Incentive Auction, as 
required by the Middle Class Tax Relief and Job Creation Act of 2012 
(Spectrum Act). The information gathered in this collection will be 
used allow Class A television stations to make changes in their 
authorized facilities. Specifically, Class A stations assigned to a new 
channel following the Incentive Auction must file a minor change 
application on FCC Form 2100, Schedule E following release of the 
Channel Reassignment Public Notice. Under certain circumstances, 
licensees of stations reassigned to a new channel within their existing 
band to propose transmission facilities in their construction permit 
applications that will extend their coverage contours. In addition, 
there will be a priority processing window for licensees of reassigned 
stations, UHF-to-VHF stations, or High-VHF-to-Low-VHF stations that, 
for reasons beyond their control, are unable to construct facilities 
that meet the technical parameters specified in the Channel 
Reassignment Public Notice, or the permissible contour coverage 
variance from those technical parameters specified in section 
73.3700(b)(1)(ii) or (iii). Channel sharee stations file a minor change 
application for a construction permit for the channel on which the 
channel sharer operates at least sixty (60) days prior to the date by 
which it must terminate operations on its pre-auction channel and must 
include a copy of the channel sharing agreement. In addition, subject 
to limitations set out in the rules, a Class A licensee of a reassigned 
station, a UHF-to-VHF station, or a High-VHF-to-Low-VHF station may 
file a minor change application for a construction permit on FCC Form 
2100 Schedule E during a filing window to be announced by the Media 
Bureau by public notice, in order to request a change in the technical 
parameters specified in the Channel Reassignment Public Notice with 
respect to height above average terrain (HAAT), effective radiated 
power (ERP), or transmitter location that would be considered a minor 
change under sections 73.3572(a)(1), (2) or 74.787(b). FCC Form 2100, 
Schedule E was modified to accommodate new channel sharing provisions. 
OMB approved the requirements.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-06814 Filed 3-25-16; 8:45 am]
 BILLING CODE 6712-01-P