81 FR 396 - Updating Competitive Bidding Rules
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 3 (January 6, 2016)
Federal Register Volume 81, Issue 3 (January 6, 2016)
| Page Range | 396-397 | |
| FR Document | 2015-33241 |
[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)] [Rules and Regulations] [Pages 396-397] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-33241] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [GN Docket No. 12-268; WT Docket Nos. 14-70, 05-211; RM-11395; FCC 15- 80] Updating Competitive Bidding Rules AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission announces that on December 10, 2015, the Office of Management and Budget (OMB) approved, on an emergency basis, for a period for six months, a revision to an approved information collection to implement a modified collection requirement under 47 CFR 1.2105(c)(4) contained in the Part 1 Report and Order, Updating Competitive Bidding Rules, FCC 15-80. This document is consistent with the Part 1 Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rule and requirement. DATES: 47 CFR 1.2105(c)(4), published at 80 FR 56764 on September 18, 2015, is effective on January 6, 2016. FOR FURTHER INFORMATION CONTACT: Contact Cathy Williams, [email protected], (202) 418-2918. SUPPLEMENTARY INFORMATION: This document announces that, on December 10, 2015, OMB approved, on an emergency basis, a revision to an approved information collection to implement a modified information collection requirement under 47 CFR 1.2105(c)(4), published at 80 FR 56764 on September 18, 2015. The OMB Control Number is 3060-0995. The Commission publishes this document as an announcement of the effective date of the rule and requirement. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-0995, in your correspondence. The Commission will also accept your comments via the Internet if you send them to [email protected]. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received emergency approval from OMB on December 10, 2015 for the revised information collection requirements contained in the information collection 3060-0995, Section 1.2105(c), Bidding Application and Certification Procedures; Sections 1.2105(c) and Section 1.2205, Prohibition of Certain Communications. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-0995. The foregoing document is required by the Paperwork Reduction Act of 1995, Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-0995. OMB Approval Date: December 10, 2015. OMB Expiration Date: June 30, 2016. Title: Section 1.2105(c), Bidding Application and Certification Procedures; Sections 1.2105(c) and Section 1.2205, Prohibition of Certain Communications. Form No.: N/A. Respondents: Business or other for-profit entities; Not-for-profit institutions; State, local or Tribal government. Number of Respondents and Responses: 10 respondents; 10 responses. Estimated Time per Response: 1.5 hours to 2 hours. Frequency of Response: On occasion reporting requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in sections 154(i), 309(j), and 1452(a)(3) of the Communications Act of 1934, as amended, 47 U.S.C. 4(i), 309(j)(5), and 1452(a)(3), and section 1.2105(c)(4) of the Commission's rules, 47 CFR 1.2105(c)(4). Total Annual Burden: 50 hours. Total Annual Cost: $9,000. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: The Commission will take all reasonable steps to protect the confidentiality of all Commission-held data of a reverse auction applicant consistent with the confidentiality requirements of the Spectrum Act and the Commission's rules. See 47 U.S.C. 1452(a)(3); 47 CFR 1.2206. In addition, to the extent necessary, a full power or Class A television broadcast licensee may request confidential treatment of any report of a prohibited communication submitted to the Commission that is not already being treated as confidential pursuant to section 0.459 of the Commission's rules. See 47 CFR 0.459. Forward auction applicants are entitled to request confidentiality in accordance with section 0.459 of the Commission's rules, 47 CFR 0.459. Needs and Uses: In the Broadcast Incentive Auction Report and Order, Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, FCC 14-50, the Commission adopted a new rule for forward auction applicants prohibiting certain communications in the context of the television broadcast incentive auction (BIA), and amended an existing rule to require forward auction applicants that make or receive a communication that is prohibited under the new rule to file a report of such a communication with the Commission. See 47 CFR 1.2105(c)(4), 1.2105(c)(6). Subsequently, as a result of amendments to various other provisions in section 1.2105(c) adopted in the Part 1 Report and Order, the new rule for forward auction applicants prohibiting certain communications in the context of the BIA and the amended reporting requirement for forward auction applicants were redesignated as 1.2105(c)(4) and 1.2105(c)(6), respectively, without any changes to the scope or substance of either rule. See 47 CFR 1.2105(c)(4), 1.2105(c)(6). The Commission's rules prohibiting certain communications in Commission auctions are designed to reinforce existing antitrust laws, facilitate detection of collusive conduct, and deter anticompetitive behavior, without being so strict as to discourage procompetitive arrangements between [[Page 397]] auction participants. They also help assure participants that the auction process will be fair and objective, and not subject to collusion. The revised information collection implements the modified, BIA-specific rule in section 1.2105(c)(4) by making clear the responsibility of parties who receive information that potentially violates the rules to promptly submit a report notifying the Commission, thereby helping the Commission enforce the prohibition on covered parties, and further assuring incentive auction participants that the auction process will be fair and competitive. The prohibited communication reporting requirement required of covered parties will enable the Commission to ensure that no bidder gains an unfair advantage over other bidders in its auctions and thus enhances the competitiveness and fairness of Commission's auctions. The information collected will be reviewed and, if warranted, referred to the Commission's Enforcement Bureau for possible investigation and administrative action. The Commission may also refer allegations of anticompetitive auction conduct to the Department of Justice for investigation. Federal Communications Commission. Sheryl Todd, Deputy Secretary, Office of the Secretary. [FR Doc. 2015-33241 Filed 1-5-16; 8:45 am] BILLING CODE 6712-01-P
![396 Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Rules and Regulations
(B) Does not disclose diagnostic or Communications Commission, Room authority for this information collection
clinical information for such purposes. 1–C823, 445 12th Street SW., is contained in sections 154(i), 309(j),
* * * * * Washington, DC 20554. Please include and 1452(a)(3) of the Communications
the OMB Control Number, 3060–0995, Act of 1934, as amended, 47 U.S.C. 4(i),
Dated: December 30, 2015.
in your correspondence. The 309(j)(5), and 1452(a)(3), and section
Sylvia M. Burwell, Commission will also accept your 1.2105(c)(4) of the Commission’s rules,
Secretary. comments via the Internet if you send 47 CFR 1.2105(c)(4).
[FR Doc. 2015–33181 Filed 1–4–16; 4:15 pm] them to PRA@fcc.gov. Total Annual Burden: 50 hours.
BILLING CODE 4153–01–P To request materials in accessible Total Annual Cost: $9,000.
formats for people with disabilities Privacy Act Impact Assessment: No
(Braille, large print, electronic files, impact(s).
FEDERAL COMMUNICATIONS audio format), send an email to fcc504@ Nature and Extent of Confidentiality:
COMMISSION fcc.gov or call the Consumer and The Commission will take all reasonable
Governmental Affairs Bureau at (202) steps to protect the confidentiality of all
47 CFR Part 1 418–0530 (voice), (202) 418–0432 Commission-held data of a reverse
(TTY). auction applicant consistent with the
[GN Docket No. 12–268; WT Docket Nos. confidentiality requirements of the
14–70, 05–211; RM–11395; FCC 15–80] Synopsis Spectrum Act and the Commission’s
Updating Competitive Bidding Rules As required by the Paperwork rules. See 47 U.S.C. 1452(a)(3); 47 CFR
Reduction Act of 1995 (44 U.S.C. 3507), 1.2206. In addition, to the extent
AGENCY: Federal Communications the Commission is notifying the public necessary, a full power or Class A
Commission. that it received emergency approval television broadcast licensee may
ACTION: Final rule; announcement of from OMB on December 10, 2015 for the request confidential treatment of any
effective date. revised information collection report of a prohibited communication
requirements contained in the submitted to the Commission that is not
SUMMARY: In this document, the information collection 3060–0995, already being treated as confidential
Commission announces that on Section 1.2105(c), Bidding Application pursuant to section 0.459 of the
December 10, 2015, the Office of and Certification Procedures; Sections Commission’s rules. See 47 CFR 0.459.
Management and Budget (OMB) 1.2105(c) and Section 1.2205, Forward auction applicants are entitled
approved, on an emergency basis, for a Prohibition of Certain Communications. to request confidentiality in accordance
period for six months, a revision to an Under 5 CFR 1320, an agency may not with section 0.459 of the Commission’s
approved information collection to conduct or sponsor a collection of rules, 47 CFR 0.459.
implement a modified collection information unless it displays a current, Needs and Uses: In the Broadcast
requirement under 47 CFR 1.2105(c)(4) valid OMB Control Number. Incentive Auction Report and Order,
contained in the Part 1 Report and No person shall be subject to any Expanding the Economic and
Order, Updating Competitive Bidding penalty for failing to comply with a Innovation Opportunities of Spectrum
Rules, FCC 15–80. This document is collection of information subject to the Through Incentive Auctions, FCC 14–
consistent with the Part 1 Report and Paperwork Reduction Act that does not 50, the Commission adopted a new rule
Order, which stated that the display a current, valid OMB Control for forward auction applicants
Commission would publish a document Number. The OMB Control Number is prohibiting certain communications in
in the Federal Register announcing 3060–0995. The foregoing document is the context of the television broadcast
OMB approval and the effective date of required by the Paperwork Reduction incentive auction (BIA), and amended
the rule and requirement. Act of 1995, Pub. L. 104–13, October 1, an existing rule to require forward
DATES: 47 CFR 1.2105(c)(4), published at
1995, and 44 U.S.C. 3507. auction applicants that make or receive
The total annual reporting burdens a communication that is prohibited
80 FR 56764 on September 18, 2015, is
and costs for the respondents are as under the new rule to file a report of
effective on January 6, 2016.
follows: such a communication with the
FOR FURTHER INFORMATION CONTACT: OMB Control Number: 3060–0995. Commission. See 47 CFR 1.2105(c)(4),
Contact Cathy Williams, OMB Approval Date: December 10, 1.2105(c)(6). Subsequently, as a result of
Cathy.Williams@fcc.gov, (202) 418– 2015. amendments to various other provisions
2918. OMB Expiration Date: June 30, 2016. in section 1.2105(c) adopted in the Part
SUPPLEMENTARY INFORMATION: This Title: Section 1.2105(c), Bidding 1 Report and Order, the new rule for
Application and Certification forward auction applicants prohibiting
document announces that, on December
Procedures; Sections 1.2105(c) and
10, 2015, OMB approved, on an certain communications in the context
Section 1.2205, Prohibition of Certain
emergency basis, a revision to an of the BIA and the amended reporting
Communications.
approved information collection to Form No.: N/A. requirement for forward auction
implement a modified information Respondents: Business or other for- applicants were redesignated as
collection requirement under 47 CFR profit entities; Not-for-profit 1.2105(c)(4) and 1.2105(c)(6),
1.2105(c)(4), published at 80 FR 56764 institutions; State, local or Tribal respectively, without any changes to the
on September 18, 2015. The OMB government. scope or substance of either rule. See 47
Control Number is 3060–0995. The Number of Respondents and CFR 1.2105(c)(4), 1.2105(c)(6). The
Commission publishes this document as Responses: 10 respondents; 10 Commission’s rules prohibiting certain
an announcement of the effective date of communications in Commission
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responses.
the rule and requirement. If you have Estimated Time per Response: 1.5 auctions are designed to reinforce
any comments on the burden estimates hours to 2 hours. existing antitrust laws, facilitate
listed below, or how the Commission Frequency of Response: On occasion detection of collusive conduct, and
can improve the collections and reduce reporting requirement. deter anticompetitive behavior, without
any burdens caused thereby, please Obligation to Respond: Required to being so strict as to discourage
contact Cathy Williams, Federal obtain or retain benefits. The statutory procompetitive arrangements between
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![Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Rules and Regulations 397
auction participants. They also help prohibition on covered parties, and and, if warranted, referred to the
assure participants that the auction further assuring incentive auction Commission’s Enforcement Bureau for
process will be fair and objective, and participants that the auction process possible investigation and
not subject to collusion. The revised will be fair and competitive. The administrative action. The Commission
information collection implements the prohibited communication reporting may also refer allegations of
modified, BIA-specific rule in section requirement required of covered parties anticompetitive auction conduct to the
1.2105(c)(4) by making clear the will enable the Commission to ensure Department of Justice for investigation.
responsibility of parties who receive that no bidder gains an unfair advantage Federal Communications Commission.
information that potentially violates the over other bidders in its auctions and Sheryl Todd,
rules to promptly submit a report thus enhances the competitiveness and Deputy Secretary, Office of the Secretary.
notifying the Commission, thereby fairness of Commission’s auctions. The [FR Doc. 2015–33241 Filed 1–5–16; 8:45 am]
helping the Commission enforce the information collected will be reviewed BILLING CODE 6712–01–P
wgreen on DSK2VPTVN1PROD with RULES
VerDate Sep<11>2014 13:07 Jan 05, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 E:\FR\FM\06JAR1.SGM 06JAR1](https://thefederalregister.org/doc/81_FR_399/page/2.svg)
Document Created: 2016-01-06 04:02:24
Document Modified: 2016-01-06 04:02:24
| 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 | Rules and Regulations | |
| Action | Final rule; announcement of effective date. | |
| Dates | 47 CFR 1.2105(c)(4), published at 80 FR 56764 on September 18, 2015, is effective on January 6, 2016. | |
| Contact | Contact Cathy Williams, [email protected], (202) 418-2918. | |
| FR Citation | 81 FR 396 |
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