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)

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 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17710-17712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07121]


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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.

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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 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