81 FR 17710 - Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 61 (March 30, 2016)
Federal Register Volume 81, Issue 61 (March 30, 2016)
| Page Range | 17710-17712 | |
| FR Document | 2016-07121 |
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)] [Notices] [Pages 17710-17712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07121] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0600 and 3060-0995] Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY: Federal Communications Commission. ACTION: Notice and request for comments. ----------------------------------------------------------------------- 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 May 31, 2016. ADDRESSES: Direct all PRA comments 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: OMB Control Number: 3060-0600. Title: Application to Participate in an FCC Auction, FCC Form 175. Form Number: FCC Form 175. Type of Review: Extension 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: 500 respondents and 500 responses. Estimated Time per Response: 90 minutes. Frequency of Response: On occasion reporting requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for the currently approved information collection is contained in sections 154(i) and 309(j)(5) of the Communications Act, as amended, 47 U.S.C. 4(i), 309(j)(5), and sections 1.2105, 1.2110, 1.2112 of the Commission's rules, 47 CFR 1.2105, 1.2110, 1.2112. Statutory authority for the revised information collection is contained in sections 154(i) and 309(j)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 309(j)(5), and sections 1.2105, 1.2110, 1.2112 of the Commission's rules, as amended, 47 CFR 1.2105, 1.2110, 1.2112. Estimated Total Annual Burden: 750 hours. Total Annual Costs: None. Nature and Extent of Confidentiality: Information collected on FCC Form 175 is made available for public inspection, and the Commission is not requesting that respondents submit confidential information on FCC Form 175. Respondents seeking to have information collected on FCC Form 175 withheld from public inspection may request confidential treatment of such information pursuant to section 0.459 of the Commission's rules, 47 CFR 0.459. Privacy Act Impact Assessment: No impact(s). Needs and Uses: A request for extension of this information collection (no change in requirements) will be submitted to the Office of Management and Budget (OMB) after this 60-day comment period in order to obtain the full three year clearance from OMB. 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). 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 on FCC Form 175 to implement new collection requirements that are the result of (1) various Commission actions in which the Commission adopted general rules and procedures to govern the BIA, including rules applicable to applicants seeking to participate in the forward auction component of the BIA and, (2) the Commission's adoption of new and modified competitive bidding rules and requirements in the Updating Part 1 Report and Order, which will apply to applicants seeking to participate in a Commission auction, including the forward auction component of the BIA. The Commission's auction rules and related requirements are designed to ensure that the competitive bidding process is limited to serious qualified applicants, deter possible abuse of the bidding and licensing process, and enhance the use of competitive bidding to assign Commission licenses in furtherance of the public interest. The information collected on FCC Form 175 is used by the Commission to determine if an applicant is legally, technically, and financially qualified to participate in a Commission auction. Additionally, if an applicant applies for status as a particular type of auction participant pursuant to Commission rules, the Commission uses information collected on FCC Form 175 to determine whether the applicant is eligible for the status requested. Commission staff reviews the information collected on FCC Form 175 for a particular auction as part of the pre-auction process, prior to the auction being held. Staff determines whether each applicant satisfies the [[Page 17711]] Commission's requirements to participate in the auction and, if applicable, is eligible for the status as a particular type of auction participant it requested. Without the information collected on FCC Form 175, the Commission will not be able to determine if an applicant is legally, technically, and financially qualified to participate in a Commission auction, including the forward auction component of the BIA, and has complied with the various applicable regulatory and statutory auction requirements for such participation. The Commission plans to continue to use the FCC Form 175 for all upcoming, non-reverse spectrum auctions, including those required or authorized to be conducted pursuant to the Spectrum Act, collecting only the information necessary for each particular auction. 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: Extension 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 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: A request for extension of this information collection (no change in requirements) will be submitted to the Office of Management and Budget (OMB) after this 60-day comment period in order to obtain the full three year clearance from OMB. 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, Public Law 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 [[Page 17712]] 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. Marlene H. Dortch, Secretary, Office of the Secretary. [FR Doc. 2016-07121 Filed 3-29-16; 8:45 am] BILLING CODE 6712-01-P
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traditional telecommunications carriers ADDRESSES: Direct all PRA comments to full three year clearance from OMB. On
and interconnected VoIP providers by Cathy Williams, FCC, via email PRA@ February 22, 2012, the President signed
allowing both entities to obtain numbers fcc.gov and to Cathy.Williams@fcc.gov. the Spectrum Act, which, among other
directly from the Numbering Include in the comments the Title as things, authorized the Commission to
Administrators. It will further help the shown in the SUPPLEMENTARY conduct incentive auctions, and
FCC to maintain efficient utilization of INFORMATION section below. directed that the Commission use this
numbering resources and ensure that FOR FURTHER INFORMATION CONTACT: For innovative tool for an incentive auction
telephone numbers are not being additional information about the of broadcast television spectrum to help
stranded. information collection, contact Cathy meet the Nation’s growing spectrum
Federal Communications Commission. Williams at (202) 418–2918. needs. See Middle Class Tax Relief and
Job Creation Act of 2012, Pub. L. 112–
Marlene H. Dortch, SUPPLEMENTARY INFORMATION:
96, sections 6402, 6403, 125 Stat. 156
Secretary. OMB Control Number: 3060–0600.
Title: Application to Participate in an (2012) (Spectrum Act). The
[FR Doc. 2016–07115 Filed 3–29–16; 8:45 am] Commission’s broadcast incentive
FCC Auction, FCC Form 175.
BILLING CODE 6712–01–P auction (BIA) will have three main
Form Number: FCC Form 175.
components: (1) A reverse auction in
Type of Review: Extension of a
which broadcast television licensees
FEDERAL COMMUNICATIONS currently approved collection.
will submit bids to voluntarily
COMMISSION Respondents: Business or other for-
relinquish their spectrum usage rights in
profit entities, not-for-profit institutions,
[OMB 3060–0600 and 3060–0995] exchange for defined shares of proceeds
and state, local or tribal governments.
from the forward auction; (2) a
Estimated Number of Respondents
Information Collections Being repacking of the broadcast television
and Responses: 500 respondents and
Reviewed by the Federal bands; and (3) a forward auction of
500 responses.
Communications Commission Under initial licenses for flexible use of the
Estimated Time per Response: 90
Delegated Authority newly available spectrum.
minutes. The Commission is revising the
AGENCY: Federal Communications Frequency of Response: On occasion currently approved information
Commission. reporting requirement. collection on FCC Form 175 to
ACTION: Notice and request for Obligation to Respond: Required to implement new collection requirements
comments. obtain or retain benefits. Statutory that are the result of (1) various
authority for the currently approved Commission actions in which the
SUMMARY: As part of its continuing effort information collection is contained in Commission adopted general rules and
to reduce paperwork burdens, and as sections 154(i) and 309(j)(5) of the procedures to govern the BIA, including
required by the Paperwork Reduction Communications Act, as amended, 47 rules applicable to applicants seeking to
Act (PRA) of 1995 (44 U.S.C. 3501– U.S.C. 4(i), 309(j)(5), and sections participate in the forward auction
3520), the Federal Communications 1.2105, 1.2110, 1.2112 of the component of the BIA and, (2) the
Commission invites the general public Commission’s rules, 47 CFR 1.2105, Commission’s adoption of new and
and other Federal agencies to take this 1.2110, 1.2112. Statutory authority for modified competitive bidding rules and
opportunity to comment on the the revised information collection is requirements in the Updating Part 1
following information collection. contained in sections 154(i) and Report and Order, which will apply to
Comments are requested concerning: 309(j)(5) of the Communications Act of applicants seeking to participate in a
Whether the proposed collection of 1934, as amended, 47 U.S.C. 4(i), Commission auction, including the
information is necessary for the proper 309(j)(5), and sections 1.2105, 1.2110, forward auction component of the BIA.
performance of the functions of the 1.2112 of the Commission’s rules, as The Commission’s auction rules and
Commission, including whether the amended, 47 CFR 1.2105, 1.2110, related requirements are designed to
information shall have practical utility; 1.2112. ensure that the competitive bidding
the accuracy of the Commission’s Estimated Total Annual Burden: 750 process is limited to serious qualified
burden estimate; ways to enhance the hours. applicants, deter possible abuse of the
quality, utility, and clarity of the Total Annual Costs: None. bidding and licensing process, and
information collected; ways to minimize Nature and Extent of Confidentiality: enhance the use of competitive bidding
the burden of the collection of Information collected on FCC Form 175 to assign Commission licenses in
information on the respondents, is made available for public inspection, furtherance of the public interest. The
including the use of automated and the Commission is not requesting information collected on FCC Form 175
collection techniques or other forms of that respondents submit confidential is used by the Commission to determine
information technology; and ways to information on FCC Form 175. if an applicant is legally, technically,
further reduce the information Respondents seeking to have and financially qualified to participate
collection burden on small business information collected on FCC Form 175 in a Commission auction. Additionally,
concerns with fewer than 25 employees. withheld from public inspection may if an applicant applies for status as a
The FCC may not conduct or sponsor request confidential treatment of such particular type of auction participant
a collection of information unless it information pursuant to section 0.459 of pursuant to Commission rules, the
displays a currently valid control the Commission’s rules, 47 CFR 0.459. Commission uses information collected
asabaliauskas on DSK3SPTVN1PROD with NOTICES
number. No person shall be subject to Privacy Act Impact Assessment: No on FCC Form 175 to determine whether
any penalty for failing to comply with impact(s). the applicant is eligible for the status
a collection of information subject to the Needs and Uses: A request for requested. Commission staff reviews the
PRA that does not display a valid Office extension of this information collection information collected on FCC Form 175
of Management and Budget (OMB) (no change in requirements) will be for a particular auction as part of the
control number. submitted to the Office of Management pre-auction process, prior to the auction
DATES: Written PRA comments should and Budget (OMB) after this 60-day being held. Staff determines whether
be submitted on or before May 31, 2016. comment period in order to obtain the each applicant satisfies the
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![17712 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices
likewise help the Commission enforce The FCC may not conduct or sponsor a United States.’’ Pursuant to that
the prohibition on covered parties in the collection of information unless it authority, the Commission conducted a
BIA, further assuring incentive auction displays a currently valid control rulemaking in March 2000 that the
participants that the auction process number. No person shall be subject to Commission found that mandatory data
will be fair and competitive. The any penalty for failing to comply with collection is necessary to efficiently
prohibited communication reporting a collection of information subject to the monitor and manage numbering use.
requirement required of covered parties PRA that does not display a valid Office The Commission is revising this
will enable the Commission to ensure of Management and Budget (OMB) information collection to implement its
that no bidder gains an unfair advantage control number. newly adopted rules that allow
over other bidders in its auctions and DATES: Written PRA comments should interconnected Voice over Internet
thus enhances the competitiveness and be submitted on or before May 31, 2016. Protocol (VoIP) providers to obtain
fairness of Commission’s auctions. The If you anticipate that you will be numbering resources directly from the
information collected will be reviewed submitting comments, but find it Numbering Administrators. The
and, if warranted, referred to the difficult to do so within the period of following information collection
Commission’s Enforcement Bureau for time allowed by this notice, you should requirements will be contained in this
possible investigation and advise the contact listed below as soon collection:
administrative action. The Commission as possible. (1) Utilization/Forecast Report;
may also refer allegations of ADDRESSES: Direct all PRA comments to (2) Application for initial numbering
anticompetitive auction conduct to the Nicole Ongele, FCC, via email PRA@ resource;
Department of Justice for investigation. fcc.gov and to Nicole.Ongele@fcc.gov. (3) Application for growth numbering
Federal Communications Commission. resources;
FOR FURTHER INFORMATION CONTACT: For
Marlene H. Dortch,
(4) Recordkeeping requirement;
additional information about the
(5) Notifications by state
Secretary, Office of the Secretary. information collection, contact Nicole
commissions;
[FR Doc. 2016–07121 Filed 3–29–16; 8:45 am] Ongele at (202) 418–2991.
(6) Demonstration to state
BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: commission; and
OMB Control Number: 3060–0895. (7) Petitions for additional delegation
Title: Numbering Resource of numbering authority.
FEDERAL COMMUNICATIONS Optimization, CC Docket No. 99–200. The data from this information
COMMISSION Form Number: FCC Form 502.
collection is used by the FCC, state
Type of Review: Revision of a
[OMB 3060–0895] regulatory commissions, and the
currently approved collection.
NANPA to monitor numbering resource
Information Collection Being Reviewed Respondents: Business or other for-
utilization by all carriers using the
by the Federal Communications profit entities and state, local or tribal
resource and to project the dates of area
Commission government.
Number of Respondents and code and NANP exhaust.
AGENCY: Federal Communications Responses: 2,793 respondents; 10,165 Federal Communications Commission.
Commission. responses. Gloria J. Miles,
ACTION: Notice and request for Estimated Time per Response: 1 Federal Register Liaison Officer, Office of the
comments. hour–44.4 hours. Secretary.
Frequency of Response: On occasion [FR Doc. 2016–07148 Filed 3–29–16; 8:45 am]
SUMMARY: As part of its continuing effort and semi-annual reporting requirements BILLING CODE 6712–01–P
to reduce paperwork burdens, and as and recordkeeping requirement.
required by the Paperwork Reduction Obligation to Respond: Mandatory.
Act (PRA) of 1995 (44 U.S.C. 3501– Statutory authority for this information FEDERAL COMMUNICATIONS
3520), the Federal Communications collection is contained in 47 U.S.C. 151, COMMISSION
Commission (FCC or the Commission) 153, 154, 201–205 and 251 of the
invites the general public and other [OMB 3060–0953]
Communications Act of 1934.
Federal agencies to take this Total Annual Burden: 132,384 hours. Information Collection Being Reviewed
opportunity to comment on the Total Annual Cost: $3,465,570.20. by the Federal Communications
following information collection. Privacy Impact Assessment: No Commission
Comments are requested concerning: impact(s).
Whether the proposed collection of Nature and Extent of Confidentiality: AGENCY: Federal Communications
information is necessary for the proper Disaggregated, carrier specific forecast Commission.
performance of the functions of the and utilization data will be treated as ACTION: Notice and request for
Commission, including whether the confidential and will be exempt from comments.
information shall have practical utility; public disclosure under 5 U.S.C.
the accuracy of the Commission’s 552(b)(4). SUMMARY: As part of its continuing effort
burden estimate; ways to enhance the Needs and Uses: The data collected to reduce paperwork burdens, and as
quality, utility, and clarity of the on FCC Form 502 helps the Commission required by the Paperwork Reduction
information collected; ways to minimize manage the ten-digit North American Act (PRA) of 1995 (44 U.S.C. 3501–
asabaliauskas on DSK3SPTVN1PROD with NOTICES
the burden of the collection of Numbering Plan (NANP), which is 3520), the Federal Communications
information on the respondents, currently being used by the United Commission (FCC or the Commission)
including the use of automated States and 19 other countries. Under the invites the general public and other
collection techniques or other forms of Communications Act of 1934, as Federal agencies to take this
information technology; and ways to amended, the Commission was given opportunity to comment on the
further reduce the information ‘‘exclusive jurisdictions over those following information collection.
collection burden on small business portions of the North American Comments are requested concerning:
concerns with fewer than 25 employees. Numbering Plan that pertains to the Whether the proposed collection of
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Document Created: 2016-03-30 09:28:11
Document Modified: 2016-03-30 09:28:11
| 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 May 31, 2016. | |
| Contact | For additional information about the information collection, contact Cathy Williams at (202) 418-2918. | |
| FR Citation | 81 FR 17710 |
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