82_FR_20561 82 FR 20478 - Procedures for Submitting Financial Information Required for the Disbursement of Incentive Payments and Reimbursement Payments After the Incentive Auction Closes

82 FR 20478 - Procedures for Submitting Financial Information Required for the Disbursement of Incentive Payments and Reimbursement Payments After the Incentive Auction Closes

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 83 (May 2, 2017)

Page Range20478-20480
FR Document2017-08816

In this document, the Incentive Auction Task Force, Wireless Telecommunications Bureau, and Media Bureau announce instructions to full power and Class A broadcasters and multichannel video programming distributors who anticipate receiving incentive and/or reimbursement payment(s) following the incentive auction. Specifically, the instructions describe the essential steps that must be taken before receiving incentive payments based on winning reverse auction bids or payments from the Television Broadcaster Relocation Fund for expenses eligible for reimbursement.

Federal Register, Volume 82 Issue 83 (Tuesday, May 2, 2017)
[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Notices]
[Pages 20478-20480]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08816]


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FEDERAL COMMUNICATIONS COMMISSION

[GN Docket No. 12-268; AU Docket No. 14-252; MB Docket No. 16-306; DA 
17-282]


Procedures for Submitting Financial Information Required for the 
Disbursement of Incentive Payments and Reimbursement Payments After the 
Incentive Auction Closes

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: In this document, the Incentive Auction Task Force, Wireless 
Telecommunications Bureau, and Media Bureau announce instructions to 
full power and Class A broadcasters and multichannel video programming 
distributors who anticipate receiving incentive and/or reimbursement 
payment(s) following the incentive auction. Specifically, the 
instructions describe the essential steps that must be taken before 
receiving incentive payments based on winning reverse auction bids or 
payments from the Television Broadcaster Relocation Fund for expenses 
eligible for reimbursement.

DATES: Reverse auction winning bidders must submit an FCC Form 1875 for 
each station with a winning bid within 20 business days after the 
release of the Auction 1000 Closing and Channel Reassignment Public 
Notice.

ADDRESSES: Full power and Class A broadcasters and multichannel video 
programming distributors who anticipate receiving incentive and/or 
reimbursement payment(s) must mail the original hard-copy of their 
completed, signed, and notarized FCC Form 1875 or 1876, as applicable, 
to: Federal Communications Commission, Travel & Operations Group, Attn: 
Chief of TOG, 9300 East Hampton Drive, Capitol Heights, MD 20743.

FOR FURTHER INFORMATION CONTACT: For general auction questions, contact 
Linda Sanderson, Linda.Sanderson@fcc.gov, (717) 338-2868. For reverse 
auction incentive payment questions, contact Erik Salovaara, 
Erik.Salovaara@fcc.gov, (202) 418-0660, or Kathryn Hinton, 
Kathryn.Hinton@fcc.gov, (202) 418-0660. For reimbursement questions, 
contact Pam Gallant, Pamela.Gallant@fcc.gov, (202) 418-0614. Press 
contact: Charles Meisch, Charles.Meisch@fcc.gov, (202) 418-2943. For 
FCC User Registration-related questions, contact the FCC User 
Registration System and CORES Help Desk, CORESHelpDesk@fcc.gov, (202) 
418-4120.

SUPPLEMENTARY INFORMATION: This is a summary of the Auction 1000 
Financial Procedures Public Notice, GN Docket No. 12-268, AU Docket No. 
14-252, MB Docket No. 16-306; DA 17-282, released on March 29, 2017. 
The complete text of the Auction 1000 Financial Procedures Public 
Notice is available for public inspection and copying from 8:00 a.m. to 
4:30 p.m. ET Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET 
on Fridays in the FCC Reference Information Center, 445 12th Street 
SW., Room CY-A257, Washington, DC 20554. The complete text is also 
available on the Commission's Web site at http://www.fcc.gov/media, the 
Auction 1000 Web site at http://www.fcc.gov/auctions/1000, or by using 
the search function on the ECFS Web page at http://www.fcc.gov/cgb/ecfs/. Alternative formats are available to persons with disabilities 
by sending an email to FCC504@fcc.gov or by calling the Consumer & 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).
    1. The Auction 1000 Financial Procedures Public Notice provides 
instructions describing the essential steps that full power and Class A 
broadcasters and multichannel video programming distributors (MVPDs) 
who anticipate receiving incentive and/or reimbursement payment(s) 
following the incentive auction (collectively, Payment Applicants) must 
take before receiving payments. Specifically, the Auction 1000 
Financial Procedures Public Notice describes and explains FCC Forms 
1875 and 1876, the forms that Payment Applicants must use to provide 
the Commission with directions for making payments. These forms enable 
Payment Applicants to certify their agreement with and

[[Page 20479]]

acknowledgement of required payment terms, to identify the 
individual(s) authorized to give the Commission instructions regarding 
payments, and to identify the financial institution and account into 
which payments should be made. The Auction 1000 Financial Procedures 
Public Notice also describes the CORES Incentive Auction Financial 
Module, the web-based software that enables Payment Applicants to enter 
bank account information electronically and view payment information.

I. Procedures for Providing Payment Applicant's Payment Instructions to 
the Commission

    2. A Payment Applicant must submit payment instructions for each 
station (Facility ID) or MVPD (File Number) for which it anticipates 
receiving a payment in connection with the incentive auction through a 
two-step process to reduce the risk of error or fraud. First, a Payment 
Applicant must submit a signed and notarized FCC Form 1875 (for reverse 
auction winning bidders) or FCC Form 1876 (for reassigned stations and 
MVPDs), along with a bank account verification letter or redacted bank 
statement that confirms ownership of the bank account, for each 
Facility ID/File Number receiving an incentive payment or reimbursement 
payment. After determining that all of the required information has 
been provided in the FCC Form 1875/1876, as applicable, FCC staff will 
grant the Payment Applicant access to the CORES Incentive Auction 
Financial Module. Next, the Payment Applicant must enter bank account 
information for the payment recipient in the CORES Incentive Auction 
Financial Module. FCC staff will review the information submitted 
electronically in the CORES Incentive Auction Financial Module to 
confirm that it matches the bank account information submitted in the 
signed and notarized FCC Form 1875/1876, as applicable. FCC staff will 
contact the Payment Applicant to resolve any discrepancies between 
information received in the FCC Form 1875/1876, as applicable, and in 
the CORES Incentive Auction Financial Module and will instruct the 
Payment Applicant how to submit updated payment instructions. No 
incentive payment or reimbursement payment will be made if the bank 
account information in the CORES Incentive Auction Financial Module 
does not match the bank account information in the FCC Form 1875/1876, 
as applicable.
    3. When filling out an FCC Form 1875/1876, as applicable, and 
entering bank account information electronically in the CORES Incentive 
Auction Financial Module, a Payment Applicant should follow the 
instructions in the Auction 1000 Financial Procedures Public Notice, 
the forthcoming CORES Incentive Auction Financial Module User Manual, 
and any related Commission releases. A Payment Applicant should be 
fully familiar with other public notices and/or decisions that have 
been issued in this proceeding, any future public notices and/or 
decisions that may be issued in this proceeding, and any other relevant 
public notices and/or decisions the Commission issued in other 
proceedings that may relate to the incentive auction. Additional 
guidance, data, and information related to the post-auction transition 
will be available at www.fcc.gov/incentiveauctions. Additionally, 
copies of these and other relevant documents are available at the FCC's 
headquarters located at 445 12th Street SW., Washington, DC 20554 
during normal business hours. On March 13, 2017, the Incentive Auction 
Task Force, in conjunction with the Media Bureau, hosted a public 
workshop to review procedures related to the post-auction broadcast 
transition. A recording of the workshop is accessible from www.fcc.gov/incentiveauctions and can also be accessed directly at www.fcc.gov/news-events/events/2017/03/post-incentive-auction-transition-workshop.

II. Processing Reverse Auction Incentive Payments

A. Complete Payments

    4. Consistent with making only a single incentive payment to a 
single payee and into a single account for each station with a winning 
bid, each incentive payment disbursed by the U.S. Treasury will be for 
the station's total incentive payment. The amount received in the 
account designated by the Payment Applicant may reflect offsets and 
withholding. In such circumstances, the amount received may be less 
than the amount of the winning bid.

B. Sequencing, if Necessary

    5. It may be possible to disburse funds to cover the full amount of 
incentive payments for all stations with winning bids at one time. In 
the event, however, that this is not possible, incentive payments for 
stations with winning bids will be disbursed after sufficient funds 
become available to cover those payments. To allow stations with 
winning bids to vacate their spectrum in a manner that will maintain 
the transition schedule for stations remaining on the air, the order in 
which stations with winning bids will receive incentive payments will 
be determined by the post-auction transition schedule.

C. Public Notice of Ready to Pay

    6. When the Commission is ready to direct the U.S. Treasury to make 
incentive payments, a public notice will specify each station with a 
winning bid, along with its respective winning bidder as identified in 
the Auction 1000 Closing and Channel Reassignment Public Notice 
(Closing and Reassignment Public Notice), for which a payment is ready 
to be disbursed (Ready to Pay Public Notice). The precise timing of any 
such public notice cannot be known with certainty in advance. A single 
public notice may cover all incentive payments for all winning bidders 
or multiple public notices may be needed should incentive payments need 
to be disbursed at more than one time for any reason. In addition, 
notwithstanding the availability of sufficient funds to make all 
incentive payments, technical issues or factors relating to a 
particular payee may require additional time to resolve. In that case, 
the Commission will issue a Ready to Pay Public Notice covering other 
stations' incentive payments and subsequently issue another Ready to 
Pay Public Notice as soon as the particular issues relating to the 
delayed payment are resolved.
    7. The release of a Ready to Pay Public Notice for specified 
stations with winning bids will indicate that Commission staff has 
directed the U.S. Treasury to make the related incentive payments. 
However, the Commission does not control the precise date on which the 
U.S. Treasury makes each incentive payment or when each incentive 
payment is received in the account identified by the winning bidder or 
becomes available to the account holder. For purposes of implementing 
Commission rules and procedures that establish deadlines based on when 
a winning bidder receives its incentive payment, a station with a 
winning bid will be considered to have received its incentive payment 
five (5) business days after the date of the Ready to Pay Public Notice 
stating that the incentive payment for the particular station with a 
winning bid is ready to be disbursed.
    8. The Auction Payments component of the CORES Incentive Auction 
Financial Module separately will report the U.S. Treasury scheduled 
disbursement date. That date is provided for purposes of tracking 
payments. The scheduled disbursement date reported in the Auction 
Payments component of the CORES Incentive

[[Page 20480]]

Auction Financial Module, however, will not be considered the date of 
receipt by the winning bidder for purposes of implementing the 
Commission's rules. Instead, the winning bidder will be considered to 
have received its payment five (5) business days after the date of the 
Ready to Pay Public Notice stating that the incentive payment for a 
particular station with a winning bid is ready to be disbursed.
    9. The U.S. Treasury has authority to offset federal payments, 
including incentive payments, based on information not available to the 
Commission. Consequently, the Auction Payments component of the CORES 
Incentive Auction Financial Module cannot report information regarding 
any such offsets. A winning bidder needing information regarding any 
discrepancy between the amount of its winning bid and the incentive 
payment received that is not accounted for by offsets or withholdings 
identified by the Commission must seek the information directly from 
the U.S. Treasury by calling 1-800-304-3107. Hearing impaired callers 
may use the Federal Relay Service by dialing 1-800-877-8339 to reach a 
communications assistant who will dial the toll free number.

III. Processing Reimbursement Payments

A. Tracking Reimbursement Payments

    10. The Commission does not control the precise date on which the 
U.S. Treasury makes each reimbursement payment or when each 
reimbursement payment is received in the account identified by the 
Eligible Entity or becomes available to the account holder. After a 
payment is in fact made, the Auction Payments component of the CORES 
Incentive Auction Financial Module separately will report the U.S. 
Treasury scheduled disbursement date for the payment being made. That 
date is provided for purposes of tracking payments. The Auction 
Payments component of the CORES Incentive Auction Financial Module will 
also show the 399 file number, reference code, and the amount that the 
FCC requested be disbursed with respect to the Facility ID/File Number.
    11. The U.S. Treasury has authority to offset federal payments, 
including reimbursement payments, based on information not available to 
the Commission. Consequently, the Auction Payments component of the 
CORES Incentive Auction Financial Module cannot report information 
regarding any such offsets. An Eligible Entity needing information 
regarding any discrepancy between its approved reimbursement payment 
and the amount it actually received must seek the information directly 
from the U.S. Treasury by calling 1-800-304-3107. Hearing impaired 
callers may use the Federal Relay Service by dialing 1-800-877-8339 to 
reach a communications assistant who will dial the toll free number.

B. Effects of Ownership Changes

    12. Given that the Commission will be processing reimbursement 
payments for several years after the release of the Closing and 
Reassignment Public Notice, a licensee may assign or transfer a 
reassigned station before it has received all of its reimbursement 
allotment. If any reassigned station is the subject of a transaction 
(i.e., assignment or transfer of control) that is consummated after the 
release of the Closing and Reassignment Public Notice and results in a 
new FRN for that station (i.e., results in a new FRN-Facility ID 
relationship), FCC staff will deactivate the bank account information 
associated with the station's pre-consummation FRN, and will hold the 
station's in-process reimbursement payment(s), if any, upon acceptance 
of the consummation. Once a reimbursement payment has been processed 
(i.e., submitted to the U.S. Treasury for disbursement) a freeze will 
not preclude transmittal of the processed payment. To facilitate future 
reimbursement payments, the assignee must file a new reimbursement 
request and timely submit a new FCC Form 1876, along with a bank 
account verification letter or redacted bank statement that confirms 
ownership of the bank account. Any delay in submission of a new FCC 
Form 1876 may cause a delay in the disbursement of a reimbursement 
payment as directed by the assignee.
    13. The assignee also must submit bank account information in the 
Auction Bank Accounts component of the CORES Incentive Auction 
Financial Module even if the bank account information has not changed 
as a result of the ownership change. None of the station's payment 
information associated with the pre-consummation FRN will transfer over 
to the station's post-consummation FRN in the Auction Payments 
component of the CORES Incentive Auction Financial Module. Any pre-
consummation payment information will, however, remain available to any 
authorized users via the pre-consummation FRN account. Therefore, the 
assignor and assignee should address in any transaction agreement the 
responsibilities and expectations of each party with respect to 
reimbursement payments, use of the FRN accounts related to the 
transferred or assigned station(s), and any related matters.
    14. Reimbursement payments will be disbursed only to an Eligible 
Entity--reimbursement payments will not be disbursed to third parties. 
As a result, once the assignment or transfer of a reassigned station 
has been consummated, reimbursement payments will only be disbursed to 
the assignee or transferee. Because an assignment or transfer of 
control application could be granted and the parties could consummate 
the transaction while a reimbursement request is pending, we strongly 
encourage licensees of reassigned stations to account for this 
possibility in their transaction agreements and to consider the status 
of pending reimbursement requests when deciding to consummate a 
transaction. Failure to do so may result in a delay in grant of the 
assignment or transfer of control application and/or delay the 
Commission's reimbursement process.
    15. Prior to granting and/or accepting consummation of a post-
auction transaction involving one or more reassigned stations, the 
Media Bureau will provide additional procedural guidance to the parties 
involved in the transaction.

Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2017-08816 Filed 5-1-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                20478                                Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices

                                                  Dated: April 25, 2017.                                    The filings in the above proceeding                 Form 1875 or 1876, as applicable, to:
                                                Kimberly D. Bose,                                         are accessible in the Commission’s                    Federal Communications Commission,
                                                Secretary.                                                eLibrary system by clicking on the                    Travel & Operations Group, Attn: Chief
                                                [FR Doc. 2017–08795 Filed 5–1–17; 8:45 am]                appropriate link in the above list. They              of TOG, 9300 East Hampton Drive,
                                                BILLING CODE 6717–01–P
                                                                                                          are also available for review in the                  Capitol Heights, MD 20743.
                                                                                                          Commission’s Public Reference Room in                 FOR FURTHER INFORMATION CONTACT: For
                                                                                                          Washington, DC. There is an                           general auction questions, contact Linda
                                                DEPARTMENT OF ENERGY                                      eSubscription link on the Web site that               Sanderson, Linda.Sanderson@fcc.gov,
                                                                                                          enables subscribers to receive email                  (717) 338–2868. For reverse auction
                                                Federal Energy Regulatory                                 notification when a document is added                 incentive payment questions, contact
                                                Commission                                                to a subscribed docket(s). For assistance             Erik Salovaara, Erik.Salovaara@fcc.gov,
                                                                                                          with any FERC Online service, please                  (202) 418–0660, or Kathryn Hinton,
                                                [Docket No. EL17–30–000]                                  email FERCOnlineSupport@ferc.gov.or                   Kathryn.Hinton@fcc.gov, (202) 418–
                                                                                                          call (866) 208–3676 (toll free). For TTY,             0660. For reimbursement questions,
                                                Notice of Supplement To Petition for
                                                                                                          call (202) 502–8659.                                  contact Pam Gallant, Pamela.Gallant@
                                                Declaratory Order: Nogales                                  Comment Date: 5:00 p.m. Eastern time
                                                Transmission, L.L.C.; Nogales Frontier                                                                          fcc.gov, (202) 418–0614. Press contact:
                                                                                                          on May 25, 2017.                                      Charles Meisch, Charles.Meisch@
                                                Operations, L.L.C.
                                                                                                            Dated: April 26, 2017.                              fcc.gov, (202) 418–2943. For FCC User
                                                   Take notice that on April 25, 2017,                    Kimberly D. Bose,                                     Registration-related questions, contact
                                                pursuant to Rule 207(a)(2) of the Federal                 Secretary.                                            the FCC User Registration System and
                                                Energy Regulatory Commission’s                            [FR Doc. 2017–08807 Filed 5–1–17; 8:45 am]            CORES Help Desk, CORESHelpDesk@
                                                (Commission) Rules of Practice and                        BILLING CODE 6717–01–P
                                                                                                                                                                fcc.gov, (202) 418–4120.
                                                Procedure,1 Nogales Transmission,                                                                               SUPPLEMENTARY INFORMATION: This is a
                                                L.L.C. and Nogales Frontier Operations,                                                                         summary of the Auction 1000 Financial
                                                L.L.C. filed a supplement to its petition                                                                       Procedures Public Notice, GN Docket
                                                                                                          FEDERAL COMMUNICATIONS
                                                for declaratory order filed on December                                                                         No. 12–268, AU Docket No. 14–252, MB
                                                                                                          COMMISSION
                                                21, 2016, as more fully explained in its                                                                        Docket No. 16–306; DA 17–282, released
                                                supplemented petition.                                    [GN Docket No. 12–268; AU Docket No. 14–              on March 29, 2017. The complete text
                                                   Any person desiring to intervene or to                 252; MB Docket No. 16–306; DA 17–282]                 of the Auction 1000 Financial
                                                protest in this proceeding must file in                                                                         Procedures Public Notice is available for
                                                accordance with Rules 211 and 214 of                      Procedures for Submitting Financial
                                                                                                          Information Required for the                          public inspection and copying from 8:00
                                                the Commission’s Rules of Practice and                                                                          a.m. to 4:30 p.m. ET Monday through
                                                Procedure (18 CFR 385.211 and                             Disbursement of Incentive Payments
                                                                                                          and Reimbursement Payments After                      Thursday or from 8:00 a.m. to 11:30 a.m.
                                                385.214) on or before 5:00 p.m. Eastern                                                                         ET on Fridays in the FCC Reference
                                                time on the specified comment date.                       the Incentive Auction Closes
                                                                                                                                                                Information Center, 445 12th Street SW.,
                                                Protests will be considered by the                        AGENCY: Federal Communications                        Room CY–A257, Washington, DC 20554.
                                                Commission in determining the                             Commission.                                           The complete text is also available on
                                                appropriate action to be taken, but will                  ACTION: Notice.                                       the Commission’s Web site at http://
                                                not serve to make protestants parties to                                                                        www.fcc.gov/media, the Auction 1000
                                                the proceeding. Any person wishing to                     SUMMARY:   In this document, the                      Web site at http://www.fcc.gov/
                                                become a party must file a notice of                      Incentive Auction Task Force, Wireless                auctions/1000, or by using the search
                                                intervention or motion to intervene, as                   Telecommunications Bureau, and Media                  function on the ECFS Web page at
                                                appropriate. Such notices, motions, or                    Bureau announce instructions to full                  http://www.fcc.gov/cgb/ecfs/.
                                                protests must be filed on or before the                   power and Class A broadcasters and                    Alternative formats are available to
                                                comment date. Anyone filing a motion                      multichannel video programming                        persons with disabilities by sending an
                                                to intervene or protest must serve a copy                 distributors who anticipate receiving                 email to FCC504@fcc.gov or by calling
                                                of that document on the Petitioner.                       incentive and/or reimbursement                        the Consumer & Governmental Affairs
                                                   The Commission encourages                              payment(s) following the incentive                    Bureau at (202) 418–0530 (voice), (202)
                                                electronic submission of protests and                     auction. Specifically, the instructions               418–0432 (TTY).
                                                interventions in lieu of paper, using the                 describe the essential steps that must be               1. The Auction 1000 Financial
                                                FERC Online links at http://                              taken before receiving incentive                      Procedures Public Notice provides
                                                www.ferc.gov. To facilitate electronic                    payments based on winning reverse                     instructions describing the essential
                                                service, persons with Internet access                     auction bids or payments from the                     steps that full power and Class A
                                                who will eFile a document and/or be                       Television Broadcaster Relocation Fund                broadcasters and multichannel video
                                                listed as a contact for an intervenor                     for expenses eligible for reimbursement.              programming distributors (MVPDs) who
                                                must create and validate an                               DATES: Reverse auction winning bidders                anticipate receiving incentive and/or
                                                eRegistration account using the                           must submit an FCC Form 1875 for each                 reimbursement payment(s) following
                                                eRegistration link. Select the eFiling                    station with a winning bid within 20                  the incentive auction (collectively,
                                                link to log on and submit the                             business days after the release of the                Payment Applicants) must take before
                                                intervention or protests.                                 Auction 1000 Closing and Channel                      receiving payments. Specifically, the
                                                   Persons unable to file electronically                  Reassignment Public Notice.                           Auction 1000 Financial Procedures
sradovich on DSK3GMQ082PROD with NOTICES




                                                should submit an original and 5 copies                    ADDRESSES: Full power and Class A                     Public Notice describes and explains
                                                of the intervention or protest to the                     broadcasters and multichannel video                   FCC Forms 1875 and 1876, the forms
                                                Federal Energy Regulatory Commission,                     programming distributors who                          that Payment Applicants must use to
                                                888 First Street NE., Washington, DC                      anticipate receiving incentive and/or                 provide the Commission with directions
                                                20426.                                                    reimbursement payment(s) must mail                    for making payments. These forms
                                                                                                          the original hard-copy of their                       enable Payment Applicants to certify
                                                  1 18   CFR 385.207(a)(2) (2016).                        completed, signed, and notarized FCC                  their agreement with and


                                           VerDate Sep<11>2014     16:36 May 01, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\02MYN1.SGM   02MYN1


                                                                                Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices                                            20479

                                                acknowledgement of required payment                     Financial Module, a Payment Applicant                 stations with winning bids will receive
                                                terms, to identify the individual(s)                    should follow the instructions in the                 incentive payments will be determined
                                                authorized to give the Commission                       Auction 1000 Financial Procedures                     by the post-auction transition schedule.
                                                instructions regarding payments, and to                 Public Notice, the forthcoming CORES
                                                                                                                                                              C. Public Notice of Ready to Pay
                                                identify the financial institution and                  Incentive Auction Financial Module
                                                account into which payments should be                   User Manual, and any related                             6. When the Commission is ready to
                                                made. The Auction 1000 Financial                        Commission releases. A Payment                        direct the U.S. Treasury to make
                                                Procedures Public Notice also describes                 Applicant should be fully familiar with               incentive payments, a public notice will
                                                the CORES Incentive Auction Financial                   other public notices and/or decisions                 specify each station with a winning bid,
                                                Module, the web-based software that                     that have been issued in this                         along with its respective winning bidder
                                                enables Payment Applicants to enter                     proceeding, any future public notices                 as identified in the Auction 1000
                                                bank account information electronically                 and/or decisions that may be issued in                Closing and Channel Reassignment
                                                and view payment information.                           this proceeding, and any other relevant               Public Notice (Closing and
                                                                                                        public notices and/or decisions the                   Reassignment Public Notice), for which
                                                I. Procedures for Providing Payment                                                                           a payment is ready to be disbursed
                                                Applicant’s Payment Instructions to the                 Commission issued in other proceedings
                                                                                                        that may relate to the incentive auction.             (Ready to Pay Public Notice). The
                                                Commission                                                                                                    precise timing of any such public notice
                                                                                                        Additional guidance, data, and
                                                   2. A Payment Applicant must submit                   information related to the post-auction               cannot be known with certainty in
                                                payment instructions for each station                   transition will be available at                       advance. A single public notice may
                                                (Facility ID) or MVPD (File Number) for                 www.fcc.gov/incentiveauctions.                        cover all incentive payments for all
                                                which it anticipates receiving a payment                Additionally, copies of these and other               winning bidders or multiple public
                                                in connection with the incentive                        relevant documents are available at the               notices may be needed should incentive
                                                auction through a two-step process to                   FCC’s headquarters located at 445 12th                payments need to be disbursed at more
                                                reduce the risk of error or fraud. First,               Street SW., Washington, DC 20554                      than one time for any reason. In
                                                a Payment Applicant must submit a                       during normal business hours. On                      addition, notwithstanding the
                                                signed and notarized FCC Form 1875                      March 13, 2017, the Incentive Auction                 availability of sufficient funds to make
                                                (for reverse auction winning bidders) or                Task Force, in conjunction with the                   all incentive payments, technical issues
                                                FCC Form 1876 (for reassigned stations                  Media Bureau, hosted a public                         or factors relating to a particular payee
                                                and MVPDs), along with a bank account                                                                         may require additional time to resolve.
                                                                                                        workshop to review procedures related
                                                verification letter or redacted bank                                                                          In that case, the Commission will issue
                                                                                                        to the post-auction broadcast transition.
                                                statement that confirms ownership of                                                                          a Ready to Pay Public Notice covering
                                                                                                        A recording of the workshop is
                                                the bank account, for each Facility ID/                                                                       other stations’ incentive payments and
                                                                                                        accessible from www.fcc.gov/
                                                File Number receiving an incentive                                                                            subsequently issue another Ready to
                                                                                                        incentiveauctions and can also be
                                                payment or reimbursement payment.                                                                             Pay Public Notice as soon as the
                                                                                                        accessed directly at www.fcc.gov/news-
                                                After determining that all of the                                                                             particular issues relating to the delayed
                                                                                                        events/events/2017/03/post-incentive-
                                                required information has been provided                                                                        payment are resolved.
                                                                                                        auction-transition-workshop.                             7. The release of a Ready to Pay
                                                in the FCC Form 1875/1876, as
                                                applicable, FCC staff will grant the                    II. Processing Reverse Auction                        Public Notice for specified stations with
                                                Payment Applicant access to the CORES                   Incentive Payments                                    winning bids will indicate that
                                                Incentive Auction Financial Module.                                                                           Commission staff has directed the U.S.
                                                Next, the Payment Applicant must enter                  A. Complete Payments                                  Treasury to make the related incentive
                                                bank account information for the                          4. Consistent with making only a                    payments. However, the Commission
                                                payment recipient in the CORES                          single incentive payment to a single                  does not control the precise date on
                                                Incentive Auction Financial Module.                     payee and into a single account for each              which the U.S. Treasury makes each
                                                FCC staff will review the information                   station with a winning bid, each                      incentive payment or when each
                                                submitted electronically in the CORES                   incentive payment disbursed by the U.S.               incentive payment is received in the
                                                Incentive Auction Financial Module to                   Treasury will be for the station’s total              account identified by the winning
                                                confirm that it matches the bank                        incentive payment. The amount                         bidder or becomes available to the
                                                account information submitted in the                    received in the account designated by                 account holder. For purposes of
                                                signed and notarized FCC Form 1875/                     the Payment Applicant may reflect                     implementing Commission rules and
                                                1876, as applicable. FCC staff will                     offsets and withholding. In such                      procedures that establish deadlines
                                                contact the Payment Applicant to                        circumstances, the amount received                    based on when a winning bidder
                                                resolve any discrepancies between                       may be less than the amount of the                    receives its incentive payment, a station
                                                information received in the FCC Form                    winning bid.                                          with a winning bid will be considered
                                                1875/1876, as applicable, and in the                                                                          to have received its incentive payment
                                                CORES Incentive Auction Financial                       B. Sequencing, if Necessary                           five (5) business days after the date of
                                                Module and will instruct the Payment                       5. It may be possible to disburse funds            the Ready to Pay Public Notice stating
                                                Applicant how to submit updated                         to cover the full amount of incentive                 that the incentive payment for the
                                                payment instructions. No incentive                      payments for all stations with winning                particular station with a winning bid is
                                                payment or reimbursement payment                        bids at one time. In the event, however,              ready to be disbursed.
                                                will be made if the bank account                        that this is not possible, incentive                     8. The Auction Payments component
                                                                                                        payments for stations with winning bids               of the CORES Incentive Auction
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                                                information in the CORES Incentive
                                                Auction Financial Module does not                       will be disbursed after sufficient funds              Financial Module separately will report
                                                match the bank account information in                   become available to cover those                       the U.S. Treasury scheduled
                                                the FCC Form 1875/1876, as applicable.                  payments. To allow stations with                      disbursement date. That date is
                                                   3. When filling out an FCC Form                      winning bids to vacate their spectrum in              provided for purposes of tracking
                                                1875/1876, as applicable, and entering                  a manner that will maintain the                       payments. The scheduled disbursement
                                                bank account information electronically                 transition schedule for stations                      date reported in the Auction Payments
                                                in the CORES Incentive Auction                          remaining on the air, the order in which              component of the CORES Incentive


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                                                20480                           Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices

                                                Auction Financial Module, however,                      information regarding any discrepancy                 expectations of each party with respect
                                                will not be considered the date of                      between its approved reimbursement                    to reimbursement payments, use of the
                                                receipt by the winning bidder for                       payment and the amount it actually                    FRN accounts related to the transferred
                                                purposes of implementing the                            received must seek the information                    or assigned station(s), and any related
                                                Commission’s rules. Instead, the                        directly from the U.S. Treasury by                    matters.
                                                winning bidder will be considered to                    calling 1–800–304–3107. Hearing                          14. Reimbursement payments will be
                                                have received its payment five (5)                      impaired callers may use the Federal                  disbursed only to an Eligible Entity—
                                                business days after the date of the Ready               Relay Service by dialing 1–800–877–                   reimbursement payments will not be
                                                to Pay Public Notice stating that the                   8339 to reach a communications                        disbursed to third parties. As a result,
                                                incentive payment for a particular                      assistant who will dial the toll free                 once the assignment or transfer of a
                                                station with a winning bid is ready to                  number.                                               reassigned station has been
                                                be disbursed.                                           B. Effects of Ownership Changes                       consummated, reimbursement payments
                                                   9. The U.S. Treasury has authority to                                                                      will only be disbursed to the assignee or
                                                offset federal payments, including                         12. Given that the Commission will be              transferee. Because an assignment or
                                                incentive payments, based on                            processing reimbursement payments for                 transfer of control application could be
                                                information not available to the                        several years after the release of the                granted and the parties could
                                                Commission. Consequently, the Auction                   Closing and Reassignment Public                       consummate the transaction while a
                                                Payments component of the CORES                         Notice, a licensee may assign or transfer             reimbursement request is pending, we
                                                Incentive Auction Financial Module                      a reassigned station before it has                    strongly encourage licensees of
                                                cannot report information regarding any                 received all of its reimbursement                     reassigned stations to account for this
                                                such offsets. A winning bidder needing                  allotment. If any reassigned station is               possibility in their transaction
                                                information regarding any discrepancy                   the subject of a transaction (i.e.,                   agreements and to consider the status of
                                                between the amount of its winning bid                   assignment or transfer of control) that is            pending reimbursement requests when
                                                and the incentive payment received that                 consummated after the release of the                  deciding to consummate a transaction.
                                                is not accounted for by offsets or                      Closing and Reassignment Public Notice                Failure to do so may result in a delay
                                                withholdings identified by the                          and results in a new FRN for that station             in grant of the assignment or transfer of
                                                Commission must seek the information                    (i.e., results in a new FRN-Facility ID               control application and/or delay the
                                                directly from the U.S. Treasury by                      relationship), FCC staff will deactivate              Commission’s reimbursement process.
                                                calling 1–800–304–3107. Hearing                         the bank account information associated                  15. Prior to granting and/or accepting
                                                impaired callers may use the Federal                    with the station’s pre-consummation                   consummation of a post-auction
                                                Relay Service by dialing 1–800–877–                     FRN, and will hold the station’s in-                  transaction involving one or more
                                                8339 to reach a communications                          process reimbursement payment(s), if                  reassigned stations, the Media Bureau
                                                assistant who will dial the toll free                   any, upon acceptance of the                           will provide additional procedural
                                                number.                                                 consummation. Once a reimbursement                    guidance to the parties involved in the
                                                                                                        payment has been processed (i.e.,                     transaction.
                                                III. Processing Reimbursement                           submitted to the U.S. Treasury for
                                                Payments                                                disbursement) a freeze will not preclude              Federal Communications Commission.
                                                                                                        transmittal of the processed payment.                 Gary D. Michaels,
                                                A. Tracking Reimbursement Payments
                                                                                                        To facilitate future reimbursement                    Deputy Chief, Auctions and Spectrum Access
                                                   10. The Commission does not control                  payments, the assignee must file a new                Division, WTB.
                                                the precise date on which the U.S.                      reimbursement request and timely                      [FR Doc. 2017–08816 Filed 5–1–17; 8:45 am]
                                                Treasury makes each reimbursement                       submit a new FCC Form 1876, along                     BILLING CODE 6712–01–P
                                                payment or when each reimbursement                      with a bank account verification letter
                                                payment is received in the account                      or redacted bank statement that
                                                identified by the Eligible Entity or                    confirms ownership of the bank                        FEDERAL ELECTION COMMISSION
                                                becomes available to the account holder.                account. Any delay in submission of a
                                                After a payment is in fact made, the                    new FCC Form 1876 may cause a delay                   Sunshine Act Meeting
                                                Auction Payments component of the                       in the disbursement of a reimbursement
                                                CORES Incentive Auction Financial                       payment as directed by the assignee.                  AGENCY:  Federal Election Commission.
                                                Module separately will report the U.S.                     13. The assignee also must submit                  DATE AND TIME:  Tuesday, April 25, 2017
                                                Treasury scheduled disbursement date                    bank account information in the                       at 10:00 a.m. and its continuation at the
                                                for the payment being made. That date                   Auction Bank Accounts component of                    conclusion of the open meeting on April
                                                is provided for purposes of tracking                    the CORES Incentive Auction Financial                 27, 2017.
                                                payments. The Auction Payments                          Module even if the bank account                       PLACE: 999 E Street NW., Washington,
                                                component of the CORES Incentive                        information has not changed as a result               DC.
                                                Auction Financial Module will also                      of the ownership change. None of the                  STATUS: This meeting was closed to the
                                                show the 399 file number, reference                     station’s payment information                         public.
                                                code, and the amount that the FCC                       associated with the pre-consummation
                                                                                                                                                              FEDERAL REGISTER NOTICE OF PREVIOUS
                                                requested be disbursed with respect to                  FRN will transfer over to the station’s
                                                                                                                                                              ANNOUNCEMENT: 82 FR 18644.
                                                the Facility ID/File Number.                            post-consummation FRN in the Auction
                                                   11. The U.S. Treasury has authority to               Payments component of the CORES                       CHANGE IN THE MEETING:  The April 25th
                                                offset federal payments, including                      Incentive Auction Financial Module.                   meeting was postponed to April 26th.
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                                                reimbursement payments, based on                        Any pre-consummation payment                          THIS MEETING ALSO DISCUSSED:
                                                information not available to the                        information will, however, remain                     Information the premature disclosure of
                                                Commission. Consequently, the Auction                   available to any authorized users via the             which would be likely to have a
                                                Payments component of the CORES                         pre-consummation FRN account.                         considerable adverse effect on the
                                                Incentive Auction Financial Module                      Therefore, the assignor and assignee                  implementation of a proposed
                                                cannot report information regarding any                 should address in any transaction                     Commission action.
                                                such offsets. An Eligible Entity needing                agreement the responsibilities and                    *     *    *    *     *


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Document Created: 2017-05-02 00:05:05
Document Modified: 2017-05-02 00:05:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesReverse auction winning bidders must submit an FCC Form 1875 for each station with a winning bid within 20 business days after the release of the Auction 1000 Closing and Channel Reassignment Public Notice.
ContactFor general auction questions, contact Linda Sanderson, [email protected], (717) 338-2868. For reverse auction incentive payment questions, contact Erik Salovaara, [email protected], (202) 418-0660, or Kathryn Hinton, [email protected], (202) 418-0660. For reimbursement questions, contact Pam Gallant, [email protected], (202) 418-0614. Press contact: Charles Meisch, [email protected], (202) 418-2943. For FCC User Registration-related questions, contact the FCC User Registration System and CORES Help Desk, [email protected], (202) 418-4120.
FR Citation82 FR 20478 

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