81_FR_3350 81 FR 3337 - Implementing Certain Provisions of the Spectrum Pipeline Act With Respect to the Duties of the Technical Panel

81 FR 3337 - Implementing Certain Provisions of the Spectrum Pipeline Act With Respect to the Duties of the Technical Panel

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range3337-3338
FR Document2016-01047

The National Telecommunications and Information Administration (NTIA) amends its regulations with respect to the duties of the Technical Panel to include the new responsibility for review and approval of plans submitted by federal entities that request funding from the Spectrum Relocation Fund for the purposes set forth in Section 1005(a)(2) of the Spectrum Pipeline Act of 2015.

Federal Register, Volume 81 Issue 13 (Thursday, January 21, 2016)
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3337-3338]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01047]



[[Page 3337]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 301

[Docket No. 160108022-6022-01]
RIN 0660-AA31


Implementing Certain Provisions of the Spectrum Pipeline Act With 
Respect to the Duties of the Technical Panel

AGENCY: National Telecommunications and Information Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Telecommunications and Information Administration 
(NTIA) amends its regulations with respect to the duties of the 
Technical Panel to include the new responsibility for review and 
approval of plans submitted by federal entities that request funding 
from the Spectrum Relocation Fund for the purposes set forth in Section 
1005(a)(2) of the Spectrum Pipeline Act of 2015.

DATES: The final rule becomes effective on January 21, 2016.

FOR FURTHER INFORMATION CONTACT: Milton Brown, NTIA, (202) 482-1816 or 
[email protected]. Please direct media inquiries to NTIA's Office of 
Public Affairs, (202) 482-7002 or [email protected].

SUPPLEMENTARY INFORMATION:

    Authority: National Telecommunications and Information 
Administration Organization Act, 47 U.S.C. 901 et seq., as amended 
by the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
112-96, Title VI, Subtitle G, 126 Stat. 245 (Feb. 22, 2012) (47 
U.S.C. 923(g)-(l), 928) and the Spectrum Pipeline Act of 2015, Title 
X of the Bipartisan Budget Act of 2015, Pub. L. 114-74, 129 Stat. 
621 (Nov. 5, 2015) (47 U.S.C. 923, 928).

I. Background

    The Commercial Spectrum Enhancement Act of 2004 (CSEA) established 
the Spectrum Relocation Fund from which agencies could recover 
relocation costs in order to facilitate clearing of the eligible 
frequency bands auctioned by the Federal Communications Commission.\1\ 
The Middle Class Job Creation and Tax Relief Act of 2012 (Tax Relief 
Act) amended the CSEA to permit federal entities to recover costs for 
sharing of spectrum and to receive additional reimbursement of expenses 
for planning for auction participation, use of alternative 
technologies, replacement equipment, and research and analysis of 
potential spectrum sharing solutions.\2\ The Tax Relief Act also 
required NTIA to establish a Technical Panel to review and approve 
federal entities' transition plans to facilitate the relocation of, and 
sharing of spectrum with, U.S. Government stations in spectrum bands 
reallocated from federal use to non-federal use or shared use.\3\
---------------------------------------------------------------------------

    \1\ Commercial Spectrum Enhancement Act of 2004, Public Law 108 
494, 118 Stat. 3986 (2004) (CSEA) (amending, among other provisions, 
Sections 113(g) and 118 of the NTIA Organization Act, codified at 47 
U.S.C. 923 and 928). Through the CSEA, Congress amended the NTIA 
Organization Act to provide, among other things, for reimbursement 
of costs associated with relocation of Federal entities' spectrum-
dependent operations from the proceeds of spectrum auctions.
    \2\ Middle Class Tax Relief and Job Creation Act of 2012, Public 
Law 112-96, Section 6701-6703, 126 Stat. 245 (Feb. 22, 2012) 
(amending, among other provisions, Sections 113(g)-(i) and 118 of 
the NTIA Organization Act, codified at 47 U.S.C. 923 and 928).
    \3\ Relocation of and Sharing Spectrum by Federal Government 
Stations--Technical Panel and Dispute Resolution Boards, 78 FR 5310 
(Jan. 25, 2013) (codified at 47 CFR pt. 301).
---------------------------------------------------------------------------

    The Spectrum Pipeline Act of 2015 modified the CSEA by, among other 
things, appropriating $500,000,000 from the Spectrum Relocation Fund on 
the date of enactment and not more than 10 percent of future deposits 
for the Office of Management and Budget (OMB) to make payments to 
federal entities for research and development, engineering studies, 
economic analyses, or other planning activities intended to improve the 
efficiency and effectiveness of the spectrum use. \4\ This Final Rule 
implements those provisions of the Spectrum Pipeline Act regarding the 
review and approval by the Technical Panel of plans submitted by 
federal entities requesting such additional payments from the Spectrum 
Relocation Fund.
---------------------------------------------------------------------------

    \4\ Spectrum Pipeline Act of 2015, Title X of the Bipartisan 
Budget Act of 2015, Public Law 114-74, 129 Stat. 621 (Nov. 5, 2015) 
(Spectrum Pipeline Act).
---------------------------------------------------------------------------

II. Discussion

    NTIA is amending its regulations to conform to provisions of the 
recently enacted Spectrum Pipeline Act. Accordingly, 47 CFR part 301 is 
amended as discussed below.

Submission and Contents of a Spectrum Pipeline Plan

    The Spectrum Pipeline Act provides that a federal entity that seeks 
payments pursuant to its provisions must submit a plan (hereafter 
referred to as a ``Spectrum Pipeline Plan'') to the Technical Panel. 
Such a plan must describe the activities the federal entity will 
conduct with the funds to improve the efficiency and effectiveness of 
the spectrum use of federal entities.\5\ Payments may be requested for 
research and development, engineering studies, economic analyses, 
activities with respect to systems, or other planning activities 
intended to improve the efficiency and effectiveness of the spectrum 
use. For requests involving activities with respect to systems that 
improve the efficiency or effectiveness of the spectrum use of federal 
entities, such systems shall include: (1) Systems that have increased 
functionality or that increase the ability of a federal entity to 
accommodate spectrum sharing with non-federal entities; (2) systems 
that consolidate functions or services that have been provided using 
separate systems; or (3) non-spectrum technology or systems.\6\ 
Accordingly, NTIA amends its regulations to list the requirements for 
the submission of a Spectrum Pipeline Plan.
---------------------------------------------------------------------------

    \5\ Spectrum Pipeline Act of 2015, Section 1005(a)(2) (amending 
Section 118 of the NTIA Organization Act by inserting a new 
subsection (g), to be codified at 47 U.S.C. 928(g)) and Sections 
1005(b) and (c) (amending Section 113(h)(3)(C) and 113(g)(1) of the 
NTIA Organization Act by updating the scope of NTIA's administrative 
support of the Technical Panel and modifying the definition of 
``Eligible Federal Entities,'' respectively).
    \6\ 47 U.S.C. 928(g)(2)(B).
---------------------------------------------------------------------------

Review by Technical Panel

    The Spectrum Pipeline Act requires the Technical Panel to approve 
or disapprove a Spectrum Pipeline Plan not later than 120 days after 
the federal entity submits the plan.\7\ It also provides the criteria 
that the Technical Panel will use to review such plan. Specifically, 
the Spectrum Pipeline Act states that the Technical Panel shall 
consider whether the activities the federal entity will conduct with 
the payment will: (1) Increase the probability of relocation from or 
sharing of federal spectrum; (2) facilitate an auction intended to 
occur not later than 8 years after the payment; and (3) increase the 
net expected auction proceeds in an amount not less than the time value 
of the amount of the payment.\8\ It also requires the Technical Panel 
to consider whether the funding transfer will leave sufficient amounts 
in the Spectrum Relocation Fund for its other purposes.\9\ The 
regulations also provide an address for submissions to the Technical 
Panel and the Dispute Resolution Board. Accordingly, NTIA amends its 
regulations at 47 CFR 301.115(c) to specify the requirements for 
Technical Panel review of a Spectrum Pipeline Plan.
---------------------------------------------------------------------------

    \7\ 47 U.S.C. 928(g)(2)(E)(i).
    \8\ 47 U.S.C. 928(g)(2)(E)(ii)(I).
    \9\ 47 U.S.C. 928(g)(2)(E)(ii)(II).

---------------------------------------------------------------------------

[[Page 3338]]

Administrative Procedure Act

    The amendments to 47 CFR part 301 in this Final Rule relate solely 
to the internal management of the agency and, as such, are not subject 
to the requirements of the Administrative Procedure Act, 5 U.S.C. 
553(a)(2). These amendments do not affect the rights or obligations of 
the public, but relate solely to the obligations of federal entities 
seeking payments from OMB from the Spectrum Relocation Fund.

Executive Order 12866

    This regulation has been determined not to be significant for 
purposes of Executive Order 12866.

Congressional Review Act

    It has been determined that this final rule is not major under 5 
U.S.C. 801 et seq.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply since the rule is exempt from the requirement of the 
Administrative Procedure Act.

Executive Order 13132

    This rule does not contain policies having federalism implications 
requiring preparation of a Federalism Summary Impact.

Paperwork Reduction Act

    This document does not contain new collection-of-information 
requirements subject to the Paperwork Reduction Act.

List of Subjects in 47 CFR Part 301

    Administrative practice and procedure, Communications Common 
Carriers, Communications equipment, Defense communications, Government 
employees, Satellites, Radio, Telecommunications.

    Dated: January 14, 2016.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.

     For the reasons set forth in the preamble, NTIA amends 47 
CFR part 301 as follows:

PART 301--RELOCATION OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT 
STATIONS

0
1. Revise the authority citiation for part 301 to read as follows:

    Authority: National Telecommunications and Information 
Administration Organization Act, 47 U.S.C. 901 et seq., as amended 
by the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
112-96, Title VI, Subtitle G, 126 Stat. 245 (Feb. 22, 2012) (47 
U.S.C. 923(g)-(l), 928) and the Spectrum Pipeline Act of 2015, Title 
X of the Bipartisan Budget Act of 2015, Pub. L. 114-74, 129 Stat. 
621 (Nov. 5, 2015) (47 U.S.C. 923, 928).

0
2. Revise Sec.  301.1 to read as follows:


Sec.  301.1  Purpose.

    The purpose of this part is to set forth procedures for the 
Technical Panel and Dispute Resolution Board as required pursuant to 
the National Telecommunications and Information Administration 
Organization Act (hereinafter ``NTIA Organization Act''), as amended 
(47 U.S.C. 923(g)-(l) and 928).
0
3. Amend Sec.  301.20 as follows:
0
a. Revise the definitions of ``Eligible Federal Entity'' and ``Federal 
Entity''.
0
b. Add a definition of ``Spectrum Pipeline Plan'' in alphabetical 
order.
    The revisions and addition read as follows:


Sec.  301.20  Definitions.

* * * * *
    Eligible Federal Entity means any Federal Entity that:
    (1) Operates a U.S. Government station; and
    (2) That incurs relocation costs or sharing costs because of 
planning for an auction of eligible spectrum frequencies or the 
reallocation of eligible spectrum frequencies from Federal use to 
exclusive non-Federal use or to shared use.
* * * * *
    Federal Entity means any department, agency, or other 
instrumentality of the Federal Government that utilizes a Government 
station license obtained under section 305 of the 1934 Act (47 U.S.C. 
305). [47 U.S.C. 923(l)]
* * * * *
    Spectrum Pipeline Plan means a plan submitted by a Federal Entity 
pursuant to section 118(g)(2)(E)(i) of the NTIA Organization Act (47 
U.S.C. 928(g)(2)(E)(i)).
* * * * *
0
4. Add Sec.  301.30 to subpart A to read as follows:


Sec.  301.30  Address for submissions to the Technical Panel and 
Dispute Resolution Board.

    Submissions to the Technical Panel and the Dispute Resolution Board 
under this section shall be made to the Office of the Assistant 
Secretary, National Telecommunications and Information Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.
0
5. Add Sec.  301.115 to read as follows:


Sec.  301.115  Spectrum Pipeline Plans.

    (a) Submission of Spectrum Pipeline Plan. A Federal Entity that 
requests payment from OMB as provided in section 118(g) of the NTIA 
Organization Act (47 U.S.C. 928(g)) must submit a plan to the Technical 
Panel for approval.
    (b) Contents of Spectrum Pipeline Plan. A Spectrum Pipeline Plan 
submitted in accordance with this section must describe activities for 
research and development, engineering studies, economic analyses, 
activities with respect to systems, or other planning activities 
intended to improve the efficiency and effectiveness of the spectrum 
use of Federal Entities in order to make available frequencies for 
reallocation for non-Federal use or shared Federal and non-Federal use, 
or a combination thereof, for auction in accordance with such 
reallocation. Activities with respect to systems that improve the 
efficiency or effectiveness of the spectrum use of Federal Entities 
shall include:
    (1) Systems that have increased functionality or that increase the 
ability of a Federal Entity to accommodate spectrum sharing with non-
Federal entities;
    (2) Systems that consolidate functions or services that have been 
provided using separate systems; or
    (3) Non-spectrum technology or systems.
    (c) Review by Technical Panel--(1) Deadline for approval. Not later 
than 120 days after a Spectrum Pipeline Plan has been submitted to the 
Technical Panel in accordance with this section, the Technical Panel 
shall approve or disapprove such plan.
    (2) Criteria for Review. As part of its review, the Technical Panel 
shall consider whether:
    (i) The activities that the Federal Entity will conduct with the 
payment will:
    (A) Increase the probability of relocation from or sharing of 
Federal spectrum;
    (B) Facilitate an auction intended to occur not later than 8 years 
after the payment; and
    (C) Increase the net expected auction proceeds in an amount not 
less than the time value of the amount of the payment.
    (ii) The transfer will leave sufficient amounts in the Spectrum 
Relocation Fund for the other purposes of such fund.

[FR Doc. 2016-01047 Filed 1-20-16; 8:45 am]
BILLING CODE 3510-60-P



                                                                 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations                                                   3337

                                                DEPARTMENT OF COMMERCE                                  amended the CSEA to permit federal                     spectrum use of federal entities.5
                                                                                                        entities to recover costs for sharing of               Payments may be requested for research
                                                National Telecommunications and                         spectrum and to receive additional                     and development, engineering studies,
                                                Information Administration                              reimbursement of expenses for planning                 economic analyses, activities with
                                                                                                        for auction participation, use of                      respect to systems, or other planning
                                                47 CFR Part 301                                         alternative technologies, replacement                  activities intended to improve the
                                                [Docket No. 160108022–6022–01]                          equipment, and research and analysis of                efficiency and effectiveness of the
                                                                                                        potential spectrum sharing solutions.2                 spectrum use. For requests involving
                                                RIN 0660–AA31                                           The Tax Relief Act also required NTIA                  activities with respect to systems that
                                                                                                        to establish a Technical Panel to review               improve the efficiency or effectiveness
                                                Implementing Certain Provisions of the                  and approve federal entities’ transition
                                                Spectrum Pipeline Act With Respect to                                                                          of the spectrum use of federal entities,
                                                                                                        plans to facilitate the relocation of, and             such systems shall include: (1) Systems
                                                the Duties of the Technical Panel                       sharing of spectrum with, U.S.                         that have increased functionality or that
                                                AGENCY:  National Telecommunications                    Government stations in spectrum bands                  increase the ability of a federal entity to
                                                and Information Administration.                         reallocated from federal use to non-                   accommodate spectrum sharing with
                                                ACTION: Final rule.
                                                                                                        federal use or shared use.3                            non-federal entities; (2) systems that
                                                                                                           The Spectrum Pipeline Act of 2015                   consolidate functions or services that
                                                SUMMARY:   The National                                 modified the CSEA by, among other                      have been provided using separate
                                                Telecommunications and Information                      things, appropriating $500,000,000 from                systems; or (3) non-spectrum technology
                                                Administration (NTIA) amends its                        the Spectrum Relocation Fund on the                    or systems.6 Accordingly, NTIA amends
                                                regulations with respect to the duties of               date of enactment and not more than 10                 its regulations to list the requirements
                                                the Technical Panel to include the new                  percent of future deposits for the Office              for the submission of a Spectrum
                                                responsibility for review and approval                  of Management and Budget (OMB) to                      Pipeline Plan.
                                                of plans submitted by federal entities                  make payments to federal entities for
                                                that request funding from the Spectrum                  research and development, engineering                  Review by Technical Panel
                                                Relocation Fund for the purposes set                    studies, economic analyses, or other
                                                forth in Section 1005(a)(2) of the                                                                                The Spectrum Pipeline Act requires
                                                                                                        planning activities intended to improve
                                                Spectrum Pipeline Act of 2015.                                                                                 the Technical Panel to approve or
                                                                                                        the efficiency and effectiveness of the
                                                                                                                                                               disapprove a Spectrum Pipeline Plan
                                                DATES: The final rule becomes effective                 spectrum use. 4 This Final Rule
                                                                                                        implements those provisions of the                     not later than 120 days after the federal
                                                on January 21, 2016.
                                                                                                        Spectrum Pipeline Act regarding the                    entity submits the plan.7 It also provides
                                                FOR FURTHER INFORMATION CONTACT:                                                                               the criteria that the Technical Panel will
                                                Milton Brown, NTIA, (202) 482–1816 or                   review and approval by the Technical
                                                                                                        Panel of plans submitted by federal                    use to review such plan. Specifically,
                                                mbrown@ntia.doc.gov. Please direct                                                                             the Spectrum Pipeline Act states that
                                                media inquiries to NTIA’s Office of                     entities requesting such additional
                                                                                                        payments from the Spectrum Relocation                  the Technical Panel shall consider
                                                Public Affairs, (202) 482–7002 or press@                                                                       whether the activities the federal entity
                                                ntia.doc.gov.                                           Fund.
                                                                                                                                                               will conduct with the payment will: (1)
                                                SUPPLEMENTARY INFORMATION:                              II. Discussion                                         Increase the probability of relocation
                                                  Authority: National Telecommunications                  NTIA is amending its regulations to                  from or sharing of federal spectrum; (2)
                                                and Information Administration Organization
                                                                                                        conform to provisions of the recently                  facilitate an auction intended to occur
                                                Act, 47 U.S.C. 901 et seq., as amended by the                                                                  not later than 8 years after the payment;
                                                Middle Class Tax Relief and Job Creation Act            enacted Spectrum Pipeline Act.
                                                                                                        Accordingly, 47 CFR part 301 is                        and (3) increase the net expected
                                                of 2012, Pub. L. 112–96, Title VI, Subtitle G,                                                                 auction proceeds in an amount not less
                                                126 Stat. 245 (Feb. 22, 2012) (47 U.S.C.                amended as discussed below.
                                                                                                                                                               than the time value of the amount of the
                                                923(g)–(l), 928) and the Spectrum Pipeline
                                                                                                        Submission and Contents of a Spectrum                  payment.8 It also requires the Technical
                                                Act of 2015, Title X of the Bipartisan Budget
                                                Act of 2015, Pub. L. 114–74, 129 Stat. 621              Pipeline Plan                                          Panel to consider whether the funding
                                                (Nov. 5, 2015) (47 U.S.C. 923, 928).                                                                           transfer will leave sufficient amounts in
                                                                                                           The Spectrum Pipeline Act provides
                                                                                                                                                               the Spectrum Relocation Fund for its
                                                I. Background                                           that a federal entity that seeks payments
                                                                                                                                                               other purposes.9 The regulations also
                                                                                                        pursuant to its provisions must submit
                                                   The Commercial Spectrum                                                                                     provide an address for submissions to
                                                                                                        a plan (hereafter referred to as a
                                                Enhancement Act of 2004 (CSEA)                          ‘‘Spectrum Pipeline Plan’’) to the                     the Technical Panel and the Dispute
                                                established the Spectrum Relocation                     Technical Panel. Such a plan must                      Resolution Board. Accordingly, NTIA
                                                Fund from which agencies could                          describe the activities the federal entity             amends its regulations at 47 CFR
                                                recover relocation costs in order to                    will conduct with the funds to improve                 301.115(c) to specify the requirements
                                                facilitate clearing of the eligible                     the efficiency and effectiveness of the                for Technical Panel review of a
                                                frequency bands auctioned by the                                                                               Spectrum Pipeline Plan.
                                                Federal Communications Commission.1                       2 Middle Class Tax Relief and Job Creation Act of
                                                The Middle Class Job Creation and Tax                   2012, Public Law 112–96, Section 6701–6703, 126
                                                                                                                                                                  5 Spectrum Pipeline Act of 2015, Section

                                                Relief Act of 2012 (Tax Relief Act)                     Stat. 245 (Feb. 22, 2012) (amending, among other       1005(a)(2) (amending Section 118 of the NTIA
                                                                                                        provisions, Sections 113(g)–(i) and 118 of the NTIA    Organization Act by inserting a new subsection (g),
                                                  1 Commercial Spectrum Enhancement Act of              Organization Act, codified at 47 U.S.C. 923 and        to be codified at 47 U.S.C. 928(g)) and Sections
                                                                                                        928).                                                  1005(b) and (c) (amending Section 113(h)(3)(C) and
jstallworth on DSK7TPTVN1PROD with RULES




                                                2004, Public Law 108 494, 118 Stat. 3986 (2004)
                                                                                                          3 Relocation of and Sharing Spectrum by Federal      113(g)(1) of the NTIA Organization Act by updating
                                                (CSEA) (amending, among other provisions,
                                                                                                        Government Stations—Technical Panel and Dispute        the scope of NTIA’s administrative support of the
                                                Sections 113(g) and 118 of the NTIA Organization
                                                                                                        Resolution Boards, 78 FR 5310 (Jan. 25, 2013)          Technical Panel and modifying the definition of
                                                Act, codified at 47 U.S.C. 923 and 928). Through
                                                                                                        (codified at 47 CFR pt. 301).                          ‘‘Eligible Federal Entities,’’ respectively).
                                                the CSEA, Congress amended the NTIA                                                                               6 47 U.S.C. 928(g)(2)(B).
                                                Organization Act to provide, among other things,          4 Spectrum Pipeline Act of 2015, Title X of the
                                                                                                                                                                  7 47 U.S.C. 928(g)(2)(E)(i).
                                                for reimbursement of costs associated with              Bipartisan Budget Act of 2015, Public Law 114–74,
                                                                                                                                                                  8 47 U.S.C. 928(g)(2)(E)(ii)(I).
                                                relocation of Federal entities’ spectrum-dependent      129 Stat. 621 (Nov. 5, 2015) (Spectrum Pipeline
                                                operations from the proceeds of spectrum auctions.      Act).                                                     9 47 U.S.C. 928(g)(2)(E)(ii)(II).




                                           VerDate Sep<11>2014   15:08 Jan 20, 2016   Jkt 238001   PO 00000   Frm 00049   Fmt 4700   Sfmt 4700   E:\FR\FM\21JAR1.SGM   21JAR1


                                                3338             Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations

                                                Administrative Procedure Act                            Act of 2015, Pub. L. 114–74, 129 Stat. 621             section 118(g) of the NTIA Organization
                                                                                                        (Nov. 5, 2015) (47 U.S.C. 923, 928).                   Act (47 U.S.C. 928(g)) must submit a
                                                   The amendments to 47 CFR part 301
                                                in this Final Rule relate solely to the                 ■   2. Revise § 301.1 to read as follows:              plan to the Technical Panel for
                                                internal management of the agency and,                  § 301.1    Purpose.
                                                                                                                                                               approval.
                                                as such, are not subject to the                           The purpose of this part is to set forth               (b) Contents of Spectrum Pipeline
                                                requirements of the Administrative                      procedures for the Technical Panel and                 Plan. A Spectrum Pipeline Plan
                                                Procedure Act, 5 U.S.C. 553(a)(2). These                Dispute Resolution Board as required                   submitted in accordance with this
                                                amendments do not affect the rights or                  pursuant to the National                               section must describe activities for
                                                obligations of the public, but relate                   Telecommunications and Information                     research and development, engineering
                                                solely to the obligations of federal                    Administration Organization Act                        studies, economic analyses, activities
                                                entities seeking payments from OMB                      (hereinafter ‘‘NTIA Organization Act’’),               with respect to systems, or other
                                                from the Spectrum Relocation Fund.                      as amended (47 U.S.C. 923(g)–(l) and                   planning activities intended to improve
                                                Executive Order 12866                                   928).                                                  the efficiency and effectiveness of the
                                                                                                        ■ 3. Amend § 301.20 as follows:                        spectrum use of Federal Entities in
                                                  This regulation has been determined
                                                                                                        ■ a. Revise the definitions of ‘‘Eligible              order to make available frequencies for
                                                not to be significant for purposes of
                                                                                                        Federal Entity’’ and ‘‘Federal Entity’’.               reallocation for non-Federal use or
                                                Executive Order 12866.
                                                                                                        ■ b. Add a definition of ‘‘Spectrum                    shared Federal and non-Federal use, or
                                                Congressional Review Act                                Pipeline Plan’’ in alphabetical order.                 a combination thereof, for auction in
                                                  It has been determined that this final                  The revisions and addition read as                   accordance with such reallocation.
                                                rule is not major under 5 U.S.C. 801 et                 follows:                                               Activities with respect to systems that
                                                seq.                                                    § 301.20    Definitions.                               improve the efficiency or effectiveness
                                                Regulatory Flexibility Act                              *      *     *    *     *                              of the spectrum use of Federal Entities
                                                                                                           Eligible Federal Entity means any                   shall include:
                                                  The Regulatory Flexibility Act (5
                                                U.S.C. 601 et seq.) does not apply since                Federal Entity that:                                     (1) Systems that have increased
                                                                                                           (1) Operates a U.S. Government                      functionality or that increase the ability
                                                the rule is exempt from the requirement
                                                                                                        station; and                                           of a Federal Entity to accommodate
                                                of the Administrative Procedure Act.
                                                                                                           (2) That incurs relocation costs or                 spectrum sharing with non-Federal
                                                Executive Order 13132                                   sharing costs because of planning for an               entities;
                                                  This rule does not contain policies                   auction of eligible spectrum frequencies
                                                                                                        or the reallocation of eligible spectrum                 (2) Systems that consolidate functions
                                                having federalism implications                                                                                 or services that have been provided
                                                requiring preparation of a Federalism                   frequencies from Federal use to
                                                                                                        exclusive non-Federal use or to shared                 using separate systems; or
                                                Summary Impact.
                                                                                                        use.                                                     (3) Non-spectrum technology or
                                                Paperwork Reduction Act                                 *      *     *    *     *                              systems.
                                                  This document does not contain new                       Federal Entity means any department,                  (c) Review by Technical Panel—(1)
                                                collection-of-information requirements                  agency, or other instrumentality of the                Deadline for approval. Not later than
                                                subject to the Paperwork Reduction Act.                 Federal Government that utilizes a                     120 days after a Spectrum Pipeline Plan
                                                                                                        Government station license obtained                    has been submitted to the Technical
                                                List of Subjects in 47 CFR Part 301
                                                                                                        under section 305 of the 1934 Act (47                  Panel in accordance with this section,
                                                  Administrative practice and                           U.S.C. 305). [47 U.S.C. 923(l)]
                                                procedure, Communications Common                                                                               the Technical Panel shall approve or
                                                                                                        *      *     *    *     *                              disapprove such plan.
                                                Carriers, Communications equipment,                        Spectrum Pipeline Plan means a plan
                                                Defense communications, Government                      submitted by a Federal Entity pursuant                   (2) Criteria for Review. As part of its
                                                employees, Satellites, Radio,                           to section 118(g)(2)(E)(i) of the NTIA                 review, the Technical Panel shall
                                                Telecommunications.                                     Organization Act (47 U.S.C.                            consider whether:
                                                  Dated: January 14, 2016.                              928(g)(2)(E)(i)).                                        (i) The activities that the Federal
                                                Lawrence E. Strickling,                                 *      *     *    *     *                              Entity will conduct with the payment
                                                Assistant Secretary for Communications and              ■ 4. Add § 301.30 to subpart A to read                 will:
                                                Information.                                            as follows:                                              (A) Increase the probability of
                                                  • For the reasons set forth in the                    § 301.30 Address for submissions to the                relocation from or sharing of Federal
                                                preamble, NTIA amends 47 CFR part                       Technical Panel and Dispute Resolution                 spectrum;
                                                301 as follows:                                         Board.                                                   (B) Facilitate an auction intended to
                                                PART 301—RELOCATION OF AND                                Submissions to the Technical Panel                   occur not later than 8 years after the
                                                SPECTRUM SHARING BY FEDERAL                             and the Dispute Resolution Board under                 payment; and
                                                GOVERNMENT STATIONS                                     this section shall be made to the Office
                                                                                                                                                                 (C) Increase the net expected auction
                                                                                                        of the Assistant Secretary, National
                                                                                                                                                               proceeds in an amount not less than the
                                                ■ 1. Revise the authority citiation for                 Telecommunications and Information
                                                                                                                                                               time value of the amount of the
                                                part 301 to read as follows:                            Administration, Department of
                                                                                                        Commerce, 1401 Constitution Avenue                     payment.
jstallworth on DSK7TPTVN1PROD with RULES




                                                  Authority: National Telecommunications
                                                                                                        NW., Washington, DC 20230.                               (ii) The transfer will leave sufficient
                                                and Information Administration Organization
                                                Act, 47 U.S.C. 901 et seq., as amended by the           ■ 5. Add § 301.115 to read as follows:                 amounts in the Spectrum Relocation
                                                Middle Class Tax Relief and Job Creation Act                                                                   Fund for the other purposes of such
                                                                                                        § 301.115    Spectrum Pipeline Plans.
                                                of 2012, Pub. L. 112–96, Title VI, Subtitle G,                                                                 fund.
                                                126 Stat. 245 (Feb. 22, 2012) (47 U.S.C.                  (a) Submission of Spectrum Pipeline                  [FR Doc. 2016–01047 Filed 1–20–16; 8:45 am]
                                                923(g)–(l), 928) and the Spectrum Pipeline              Plan. A Federal Entity that requests
                                                                                                                                                               BILLING CODE 3510–60–P
                                                Act of 2015, Title X of the Bipartisan Budget           payment from OMB as provided in


                                           VerDate Sep<11>2014   15:08 Jan 20, 2016   Jkt 238001   PO 00000   Frm 00050   Fmt 4700   Sfmt 9990   E:\FR\FM\21JAR1.SGM   21JAR1



Document Created: 2018-02-02 12:33:33
Document Modified: 2018-02-02 12:33:33
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.
DatesThe final rule becomes effective on January 21, 2016.
ContactMilton Brown, NTIA, (202) 482-1816 or [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002 or [email protected]
FR Citation81 FR 3337 
RIN Number0660-AA31
CFR AssociatedAdministrative Practice and Procedure; Communications Common Carriers; Communications Equipment; Defense Communications; Government Employees; Satellites; Radio and Telecommunications

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR