82 FR 42263 - In the Matter of Service Rules for the 698-746, 747-762, and 777-792 MHz Bands
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 82, Issue 172 (September 7, 2017)
Federal Register Volume 82, Issue 172 (September 7, 2017)
| Page Range | 42263-42266 | |
| FR Document | 2017-18987 |
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)] [Proposed Rules] [Pages 42263-42266] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18987] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 27 [WT Docket No. 06-150, DA 17-810] In the Matter of Service Rules for the 698-746, 747-762, and 777- 792 MHz Bands AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission explains the overall rules and policies for the relicensing of 700 MHz spectrum that is returned to the Commission's inventory as a result of licensees' failure to meet applicable construction requirements, as set forth by the Commission in the 700 MHz Second Report and Order (WT Docket No. 06-150, FCC 07-132). The document seeks comment on the Wireless Telecommunications Bureau's proposed approach for implementing the various rules and policies of the relicensing process. DATES: Interested parties may file comments on or before October 10, 2017, and reply comments on or before November 6, 2017. ADDRESSES: You may submit comments, identified by WT Docket No. 06-150, by any of the following methods:Electronic Filers: Comments may be filed electronically using the Internet by accessing the Commission's Electronic Comment Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Generally if more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Commenters are only required to file copies in GN Docket No. 13-111. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. [cir] All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. [cir] Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. [cir] U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. People with Disabilities: 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202- 418-0432 (TTY). FOR FURTHER INFORMATON CONTACT: Anna Gentry, [email protected], of the Wireless Telecommunications Bureau, Mobility Division, (202) 418- 2887. For additional information concerning the PRA information collection requirements contained in this document, contact Cathy Williams at (202) 418-2918 or send an email to [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's document in WT Docket No. 06-150, DA 17-810, released on August 28, 2017. The complete text of the Public Notice is available for viewing via the Commission's ECFS Web site by entering the docket number, WT Docket No. 06-150. The complete text of the documents also available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (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-B402, Washington, DC 20554, telephone 202-488-5300, fax 202- 488-5563. This proceeding shall continue to be treated as a ``permit-but- disclose'' proceeding in accordance with the Commission's ex parte rules (47 CFR 1.1200 et seq.). Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. I. Synopsis In the 2007 700 MHz Second Report and Order,\1\ the Commission adopted rules for relicensing of 700 MHz Lower A, B, and E Block, and Upper C Block spectrum that is returned to the Commission's inventory as a result of licensees' failure to meet applicable construction requirements. The Commission set forth the overall rules and policies for the relicensing process and delegated authority to the Wireless Telecommunications Bureau (Bureau) to implement those rules and policies. To the extent the 700 MHz Second Report and Order and other Commission rules set forth elements of the relicensing process, the document cites to those rules, and otherwise seeks comment on [[Page 42264]] the Bureau's proposed approach to the remaining elements of the process, including the respective costs and benefits of the various proposals. --------------------------------------------------------------------------- \1\ Service Rules for 698-746, 747-762, and 777-792 MHz Bands et al., Second Report and Order, 22 FCC Rcd 15289 (2007) (700 MHz Second Report and Order). --------------------------------------------------------------------------- A. Required Filing for Keep What You Serve Pursuant to the 700 MHz Second Report and Order, licensees that fail to meet the construction requirement and are subject to the Keep What You Serve (KWYS) KWYS rules will be required to file an electronic coverage map in order to demonstrate the geographic portion of the licensed area the licensee will retain, and the geographic area that will be returned to the Commission for reassignment. Licensees admitting failure must include the additional required filing for KWYS with their construction notification at the end-of-term construction deadline. If a licensee claims to have met the construction benchmark, but the Bureau deems the licensee to have failed after review of the construction notification, the licensee will be asked to amend its initial construction notification filing to include the additional required filing for KWYS. In order to implement the KWYS rules, the document proposes and seeks comment on a process whereby licensees would demonstrate the ``served'' area of the license by filing a shapefile showing a smooth enclosed 40 dB[micro]V/m field strength contour (Smooth Contour) of existing facilities as of the end-of-term deadline. The portion of the license market covered by the Smooth Contour would be deemed ``served'' for the purposes of the KWYS rule and become the reduced licensed area that the licensee ``keeps.'' Recognizing that some licensees might provide service at significantly lower field strength such that the 40 dB[micro]V/m Smooth Contour would result in a reduced licensed area that is substantially smaller than the licensee's actual service area, the document also proposes that, if the 40 dB[micro]V/m Smooth Contour would result in a reduced licensed area that is at least 25 percent smaller than the licensee's actual service area, the licensee could demonstrate the service area using a lower dB[micro]V/m field strength smooth contour (Alternative Smooth Contour). Under this proposed approach, in order to be acceptable for filing, a submission using an Alternative Smooth Contour would be required to demonstrate that: (1) The licensee is operating a viable service at the lower field strength; and (2) the service area using the lower dB[micro]V/m field strength Alternative Smooth Contour is at least 25 percent larger than it would be using the 40 dB[micro]V/m field strength Smooth Contour. The Bureau would update the license in the Commission's Universal Licensing System (ULS) using either the Smooth Contour or Alternative Smooth Contour shapefile to reflect the reduced license boundary. The remaining portion of the original license market would be deemed unserved area and would return to the Commission's inventory for relicensing. The document seeks comment on this proposed methodology for determining licensees' service area and what, if any, alternatives to this approach might achieve the Commission's goals of accurately reflecting licensees' service areas and making spectrum available for relicensing in an efficient manner. B. Identifying Unserved Area Pursuant to the 700 MHz Second Report and Order, information about the available unserved areas will be publicly available. Under the approach proposed in this document, the Bureau would use the Smooth Contour or Alternative Smooth Contour shapefiles submitted by failing licensees to determine the unserved areas of each market. The Bureau would compile these unserved portions together as areas that would be available for relicensing and would provide instructions on how to access that information by public notice. The public notice announcing the unserved areas available for relicensing would also provide further instructions and specific dates for the commencement of the relicensing process. In setting these dates, the Bureau intends to provide potential applicants with at least 60 days prior to the commencement of relicensing to enable them to make necessary inquiries about available area, e.g. site leases, existing infrastructure, neighboring operations, and network and backhaul needs. C. Phased Relicensing Process The document also describes the two-phased application process for the relicensing of unserved areas, as set forth in Section 27.14 of the Commission's rules. The document explains that applications for available unserved areas will be filed via ULS and the applicant will select the available unserved area that they wish to serve by filing a shapefile covering that area. In order to implement the relicensing process, this document proposes to provide applicants with access to a publicly available map displaying the areas available for relicensing, from which they could determine the areas they are interested in licensing. In the interest of administrative clarity and functionality, this document proposes limiting a single application to include one shapefile of a contiguous shape, or, if non-contiguous, requiring that the shapes be within a single market boundary. If an applicant files for non-contiguous shapes in a single application, grant of the application would result in a single license and a single buildout requirement would be applied to all shapes as a whole. Consequently, failure to meet the buildout requirement with respect to one non-contiguous shape would result in application of the penalty for failure to all shapes as a whole. This document seeks comment on this proposed treatment of applications for available unserved areas and what, if any, further restrictions or methods might be necessary to ensure efficient processing and review of applications filed during the relicensing process. D. Phase 1 of Relicensing As set forth in the Commission's rules, relicensing will begin with a 30-day Phase 1 filing window. Pursuant to section 27.14, the original licensee of available unserved areas, whose authorization to serve that area terminated due to failure to meet the end-of-term construction benchmark, is barred during Phase 1 from applying to relicense that area. This Phase 1 bar is specific to each unserved area, and therefore an applicant that is barred from one unserved area during Phase 1 is not barred from applying for other available areas for which it was not the original licensee. In order to implement the Phase 1 bar, this document proposes to apply the bar to any applicant that has any interest or ownership in, or any control of, the original licensee and to any applicant in which the original licensee has any interest, ownership, or control. This document seeks comment on requiring applicants to certify in the application that: (1) The applicant is not the original licensee of the unserved area; (2) the applicant does not have any interest in or own or control any part of the original licensee of the unserved area; and (3) the original licensee of the unserved area does not have any interest in or own or control any part of the applicant. This document seeks comment on this approach and potential alternatives for applying the bar, including application of the Commission's pro forma standard for determining ownership, which looks to both de jure and de facto control of the licensee. Pursuant to the Commission's Part 1 rules, at the end of the 30-day Phase 1 filing window, the Bureau will issue a public notice listing applications found [[Page 42265]] acceptable for filing during Phase 1. The public notice will identify which acceptable applications, if any, are mutually exclusive with each other. All applications received during the Phase 1 filing window for a particular available unserved area are treated as contemporaneous for the purposes of mutual exclusivity. Pursuant to section 27.14(j)(1), applications will be deemed mutually exclusive if they propose areas overlapping with other applications. Consistent with the 700 MHz Second Report and Order, no further mutually exclusive applications may be filed after the 30-day filing window has ended, but licensees and third parties may file petitions to deny any pending applications within 30 days of the release of the public notice listing Phase 1 applications found acceptable for filing. This document explains that, subject to the Greenmail Rule, applicants may resolve mutual exclusivity by withdrawing or filing a minor amendment to one or both of the mutually exclusive applications, and describes the types of amendments that qualify as a minor amendment, rather than a major amendment, which requires a new public notice period. In order to implement these policies concerning mutually exclusive applications, this document proposes that applicants would be permitted to resolve their mutually exclusive applications or attempt to reach a settlement during the public notice period that follows the Phase 1 filing window. Similar to the Commission's approach in other licensing and competitive bidding contexts, this document proposes that the definition of mutually exclusive applications would include ``daisy chains'' of mutual exclusivity, which occur when two or more applications contain proposed areas that do not directly overlap, but are linked together into a chain by the overlapping proposal(s) of other(s). E. Phase 2 of Relicensing As set forth in the rules establishing the relicensing process, during Phase 2 interested applicants, including those that were barred during Phase 1, may file applications for available unserved areas that were not licensed during Phase 1 or for which there are no pending applications. In order to implement the Phase 2 process, this document proposes and seeks comment on a process whereby the Bureau would update the publicly available relicensing map following Phase 1 to reflect pending applications, licenses that were issued, and area that remains available for relicensing. As with Phase 1, this document proposes that the definition of mutual exclusivity for Phase 2 applications would include applications that, though not mutually exclusive of the first- filed application, are mutually exclusive of another application that overlaps the first-filed application--i.e., a ``daisy chain'' as described above. This document proposes that the public notice for the first-filed application would determine the applicable filing period for all subsequent mutually exclusive or ``daisy chain'' applications. Following a Phase 2 application's 30-day public notice, this document proposes and seeks comment on a process whereby, if the Bureau determines there are existing applications that are mutually exclusive of the initial application, it would notify the parties of the conflicting applications and provide 60 days to resolve the mutual exclusivity. Any mutually exclusive applications that are not resolved by the end of the 60-day period would be subject to auction. This document seeks comment on this proposed approach to mutual exclusivity during Phase 2. F. Relicensed Area Construction Requirement and Showing As set forth in section 27.14(j)(3), licensees of 700 MHz licenses acquired through the relicensing process will have one year from the date the new license is issued to complete construction, provide signal coverage, and offer service over 100 percent of the geographic area of the new license area. Pursuant to the Commission's rules, if the licensee fails to meet this construction requirement, its license will automatically terminate without Commission action and it will not be eligible to apply to provide service to this area at any future date. In order to implement the Commission's goals of facilitating rapid deployment of service on relicensed spectrum and to prevent potential gaming of the relicensing process, this document proposes to treat any modification, cancellation, or assignment of a license as failure to provide signal coverage and offer service to the entire relicensed area, such that the penalty for failure would apply. Specifically, under the proposal, licensees would not be permitted to modify the licensed area prior to meeting the one-year construction benchmark in order to reduce the area they must cover. Cancellation of the license prior to meeting the one-year construction benchmark would also constitute failure, and the former licensee would not be eligible to apply to serve any portion of this area at any future date. Finally, licensees would be permitted to file applications to assign licenses acquired through relicensing (including requests to partition and disaggregate) only after they have demonstrated that they have met the construction benchmark. This document seeks comment on this approach to the construction requirement and what, if any, further restrictions might be necessary to promote the Commission's goals in establishing the requirements. In order to implement the construction requirement for relicensed area, this document proposes that, at the one-year construction deadline, licensees would be required to demonstrate that they provide signal coverage and offer service over 100 percent of the geographic area by filing either a Smooth Contour or an Alternative Smooth Contour, consistent with the proposed required filings for KWYS. This document seek comment on what, if any, alternative filings might be appropriate methods for licensees to demonstrate that they satisfy the construction requirement. Given the proposed requirements and penalties for failing to meet the construction requirement, this document notes that it is particularly important that potential participants in the relicensing process only apply for portions of available unserved areas if they, through due diligence, have determined they can provide signal coverage and offer service over 100 percent of the area within one year from the date of license issuance. Under approach proposed in this document, it would be particularly important that potential licensees conduct due diligence prior to applying for available unserved areas during the relicensing process and ensure the shapefile used in their application is an accurate reflection of the Smooth Contour or Alternative Smooth Contour they would be required to file at the one-year construction deadline. Additionally, the Bureau recommends that potential licensees review the technical narratives and specifications of construction notifications that the Bureau has previously accepted for the 700 MHz band. II. Procedural Matters Initial Regulatory Flexibility Act Analysis As required by the Regulatory Flexibility Act of 1980 (RFA), the Commission prepared an Initial Regulatory Flexibility Analysis (IRFA) in connection with the 700 MHz Further [[Page 42266]] Notice \2\ and a Final Regulatory Flexibility Analysis (FRFA) in connection with the 700 MHz Second Report and Order.\3\ While no commenter directly responded to the IRFA, the FRFA addressed concerns about the impact on small business of the KWYS rules. The IRFA and FRFA set forth the need for and objectives of the Commission's rules for the KWYS rules; the legal basis for those rules, a description and estimate of the number of small entities to which the rules apply; a description of projected reporting, recordkeeping, and other compliance requirements for small entities; steps taken to minimize the significant economic impact on small entities and significant alternatives considered; and a statement that there are no federal rules that may duplicate, overlap, or conflict with the rules. The proposals in this document do not change any of those descriptions. --------------------------------------------------------------------------- \2\ Service Rules for 698-746, 747-762, and 777-792 MHz Bands et al., Report and Order and Further Notice of Proposed Rulemaking, 22 FCC Rcd 8064, 8212 (2007) (700 MHz Further Notice). \3\ 700 MHz Second Report and Order, 22 FCC Rcd at 15542. --------------------------------------------------------------------------- This document does, however, detail proposed procedures for implementing those rules. Therefore, this document seeks comment on how the proposals in this document could affect either the IRFA or the FRFA. Such comments must be filed in accordance with the same filing deadlines for responses to this document and have a separate and distinct heading designating them as responses to the IRFA and FRFA. Initial Paperwork Reduction Act Analysis The document contains proposed new information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and OMB to comment on the information collection requirements contained in this document, as required by PRA. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how it might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' Federal Communications Commission. Nese Guendelsberger, Senior Deputy Bureau Chief, Wireless Telecommunications Bureau. [FR Doc. 2017-18987 Filed 9-6-17; 8:45 am] BILLING CODE 6712-01-P
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availability of this material at the FAA, call filings must be addressed to the within two business days after the
781–238–7125. Commission’s Secretary, Office of the presentation (unless a different deadline
Issued in Burlington, Massachusetts, on Secretary, Federal Communications applicable to the Sunshine period
September 1, 2017. Commission. applies). Persons making oral ex parte
Robert J. Ganley, Æ All hand-delivered or messenger- presentations are reminded that
Manager, Engine and Propeller Standards delivered paper filings for the memoranda summarizing the
Branch, Aircraft Certification Service. Commission’s Secretary must be presentation must (1) list all persons
[FR Doc. 2017–19018 Filed 9–6–17; 8:45 am] delivered to FCC Headquarters at 445 attending or otherwise participating in
BILLING CODE 4910–13–P
12th St. SW., Room TW–A325, the meeting at which the ex parte
Washington, DC 20554. The filing hours presentation was made, and (2)
are 8:00 a.m. to 7:00 p.m. All hand summarize all data presented and
FEDERAL COMMUNICATIONS deliveries must be held together with arguments made during the
COMMISSION rubber bands or fasteners. Any presentation. If the presentation
envelopes and boxes must be disposed consisted in whole or in part of the
47 CFR Part 27 of before entering the building. presentation of data or arguments
Æ Commercial overnight mail (other already reflected in the presenter’s
[WT Docket No. 06–150, DA 17–810] than U.S. Postal Service Express Mail written comments, memoranda or other
and Priority Mail) must be sent to 9300 filings in the proceeding, the presenter
In the Matter of Service Rules for the
East Hampton Drive, Capitol Heights, may provide citations to such data or
698–746, 747–762, and 777–792 MHz
MD 20743. arguments in his or her prior comments,
Bands
Æ U.S. Postal Service first-class, memoranda, or other filings (specifying
AGENCY: Federal Communications Express, and Priority mail must be the relevant page and/or paragraph
Commission. addressed to 445 12th Street SW., numbers where such data or arguments
ACTION: Proposed rule. Washington, DC 20554. can be found) in lieu of summarizing
People with Disabilities: To request them in the memorandum. Documents
SUMMARY: In this document, the Federal materials in accessible formats for shown or given to Commission staff
Communications Commission explains people with disabilities (Braille, large during ex parte meetings are deemed to
the overall rules and policies for the print, electronic files, audio format), be written ex parte presentations and
relicensing of 700 MHz spectrum that is send an email to fcc504@fcc.gov or call must be filed consistent with rule
returned to the Commission’s inventory the Consumer & Governmental Affairs 1.1206(b). In proceedings governed by
as a result of licensees’ failure to meet Bureau at 202–418–0530 (voice), 202– rule 1.49(f) or for which the
applicable construction requirements, as 418–0432 (TTY). Commission has made available a
set forth by the Commission in the 700 FOR FURTHER INFORMATON CONTACT: method of electronic filing, written ex
MHz Second Report and Order (WT Anna Gentry, Anna.Gentry@fcc.gov, of parte presentations and memoranda
Docket No. 06–150, FCC 07–132). The the Wireless Telecommunications summarizing oral ex parte
document seeks comment on the Bureau, Mobility Division, (202) 418– presentations, and all attachments
Wireless Telecommunications Bureau’s 2887. For additional information thereto, must be filed through the
proposed approach for implementing concerning the PRA information electronic comment filing system
the various rules and policies of the collection requirements contained in available for that proceeding, and must
relicensing process. this document, contact Cathy Williams be filed in their native format (e.g., .doc,
DATES: Interested parties may file at (202) 418–2918 or send an email to .xml, .ppt, searchable .pdf). Participants
comments on or before October 10, PRA@fcc.gov. in this proceeding should familiarize
2017, and reply comments on or before SUPPLEMENTARY INFORMATION: This is a themselves with the Commission’s ex
November 6, 2017. summary of the Commission’s parte rules.
ADDRESSES: You may submit comments, document in WT Docket No. 06–150, I. Synopsis
identified by WT Docket No. 06–150, by DA 17–810, released on August 28,
any of the following methods: 2017. The complete text of the Public In the 2007 700 MHz Second Report
• Electronic Filers: Comments may be Notice is available for viewing via the and Order,1 the Commission adopted
filed electronically using the Internet by Commission’s ECFS Web site by rules for relicensing of 700 MHz Lower
accessing the Commission’s Electronic entering the docket number, WT Docket A, B, and E Block, and Upper C Block
Comment Filing System (ECFS): http:// No. 06–150. The complete text of the spectrum that is returned to the
fjallfoss.fcc.gov/ecfs2/. See Electronic documents also available for public Commission’s inventory as a result of
Filing of Documents in Rulemaking inspection and copying from 8:00 a.m. licensees’ failure to meet applicable
Proceedings, 63 FR 24121 (1998). to 4:30 p.m. Eastern Time (ET) Monday construction requirements. The
• Paper Filers: Parties who choose to through Thursday or from 8:00 a.m. to Commission set forth the overall rules
file by paper must file an original and 11:30 a.m. ET on Fridays in the FCC and policies for the relicensing process
one copy of each filing. Generally if Reference Information Center, 445 12th and delegated authority to the Wireless
more than one docket or rulemaking Street SW., Room CY–B402, Telecommunications Bureau (Bureau) to
number appears in the caption of this Washington, DC 20554, telephone 202– implement those rules and policies. To
the extent the 700 MHz Second Report
pmangrum on DSK3GDR082PROD with PROPOSALS
proceeding, filers must submit two 488–5300, fax 202–488–5563.
additional copies for each additional This proceeding shall continue to be and Order and other Commission rules
docket or rulemaking number. treated as a ‘‘permit-but-disclose’’ set forth elements of the relicensing
Commenters are only required to file proceeding in accordance with the process, the document cites to those
copies in GN Docket No. 13–111. Commission’s ex parte rules (47 CFR rules, and otherwise seeks comment on
• Filings can be sent by hand or 1.1200 et seq.). Persons making ex parte 1 Service Rules for 698–746, 747–762, and 777–
messenger delivery, by commercial presentations must file a copy of any 792 MHz Bands et al., Second Report and Order,
overnight courier, or by first-class or written presentation or a memorandum 22 FCC Rcd 15289 (2007) (700 MHz Second Report
overnight U.S. Postal Service mail. All summarizing any oral presentation and Order).
VerDate Sep<11>2014 15:40 Sep 06, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1](https://thefederalregister.org/doc/82_FR_42435/page/1.svg)
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Notice 2 and a Final Regulatory DEPARTMENT OF COMMERCE and will generally be posted for public
Flexibility Analysis (FRFA) in viewing on www.regulations.gov
connection with the 700 MHz Second National Oceanic and Atmospheric without change. All personal identifying
Report and Order.3 While no Administration information (e.g., name, address, etc.),
commenter directly responded to the confidential business information, or
IRFA, the FRFA addressed concerns 50 CFR Part 648 otherwise sensitive information
about the impact on small business of [Docket No. 170717675–7675–01] submitted voluntarily by the sender will
the KWYS rules. The IRFA and FRFA be publicly accessible. NMFS will
set forth the need for and objectives of RIN 0648–XF571 accept anonymous comments (enter ‘‘N/
the Commission’s rules for the KWYS A’’ in the required fields if you wish to
rules; the legal basis for those rules, a Fisheries of the Northeastern United remain anonymous).
description and estimate of the number States; Golden Tilefish Fishery; 2018 A draft environmental assessment
of small entities to which the rules and Projected 2019–2020 (EA) has been prepared for this action
apply; a description of projected Specifications that describes the proposed measures
reporting, recordkeeping, and other AGENCY: National Marine Fisheries and other considered alternatives, as
compliance requirements for small Service (NMFS), National Oceanic and well as provides an analysis of the
entities; steps taken to minimize the Atmospheric Administration (NOAA), impacts of the proposed measures and
significant economic impact on small Commerce. alternatives. Copies of the specifications
entities and significant alternatives document, including the EA and the
ACTION: Proposed rule; request for
considered; and a statement that there Initial Regulatory Flexibility Analysis
comments.
are no federal rules that may duplicate, (IRFA), are available on request from Dr.
overlap, or conflict with the rules. The SUMMARY: NMFS proposes specifications Christopher M. Moore, Executive
proposals in this document do not for the 2018 commercial golden tilefish Director, Mid-Atlantic Fishery
change any of those descriptions. fishery and projected specifications for Management Council, Suite 201, 800
This document does, however, detail 2019 and 2020. The proposed action is North State Street, Dover, DE 19901.
proposed procedures for implementing intended to establish allowable harvest These documents are also accessible via
those rules. Therefore, this document levels and other management measures the Internet at http://www.mafmc.org.
seeks comment on how the proposals in to prevent overfishing while allowing FOR FURTHER INFORMATION CONTACT:
this document could affect either the optimum yield, consistent with the Cynthia Hanson, Fishery Management
IRFA or the FRFA. Such comments Magnuson-Stevens Fishery Specialist, (978) 281–9180.
must be filed in accordance with the Conservation and Management Act and SUPPLEMENTARY INFORMATION:
same filing deadlines for responses to the Tilefish Fishery Management Plan.
this document and have a separate and It is also intended to inform the public Background
distinct heading designating them as of these proposed specifications for the The golden tilefish fishery is managed
responses to the IRFA and FRFA. 2018 fishing year and projected by the Mid-Atlantic Fishery
specifications for 2019–2020. Management Council under the Tilefish
Initial Paperwork Reduction Act
DATES: Comments must be received by Fishery Management Plan (FMP), which
Analysis
5 p.m. local time, on September 22, outlines the Council’s process for
The document contains proposed new 2017. establishing annual specifications. The
information collection requirements. FMP requires the Council to recommend
ADDRESSES: You may submit comments
The Commission, as part of its acceptable biological catch (ABC),
on this document, identified by NOAA– annual catch limit (ACL), annual catch
continuing effort to reduce paperwork NMFS–2017–0091, by either of the
burdens, invites the general public and target (ACT), total allowable landings
following methods: (TAL), and other management measures,
OMB to comment on the information ELECTRONIC SUBMISSION: Submit
collection requirements contained in for up to three years at a time. The
all electronic public comments via the directed fishery is managed under an
this document, as required by PRA. In Federal e-Rulemaking Portal.
addition, pursuant to the Small individual fishing quota (IFQ) program,
1. Go to www.regulations.gov/ with small amounts of non-IFQ catch
Business Paperwork Relief Act of 2002, #!docketDetail;D=NOAA-NMFS-2017-
Public Law 107–198, see 44 U.S.C. allowed under an incidental permit. The
0091, Council’s Scientific and Statistical
3506(c)(4), the Commission seeks 2. Click the ‘‘Comment Now!’’ icon,
specific comment on how it might Committee (SSC) provides an ABC
complete the required fields. recommendation to the Council to
‘‘further reduce the information 3. Enter or attach your comments.
collection burden for small business derive these catch limits. The Council
concerns with fewer than 25 - OR - makes recommendations to NMFS that
employees.’’ MAIL: Submit written comments to cannot exceed the recommendation of
John Bullard, Regional Administrator, its SSC. The Council’s
Federal Communications Commission.
National Marine Fisheries Service, 55 recommendations must include
Nese Guendelsberger, Great Republic Drive, Gloucester, MA supporting documentation concerning
Senior Deputy Bureau Chief, Wireless 01930. Mark the outside of the the environmental, economic, and social
Telecommunications Bureau. envelope: ‘‘Comments on the Proposed impacts of the recommendations. We
pmangrum on DSK3GDR082PROD with PROPOSALS
[FR Doc. 2017–18987 Filed 9–6–17; 8:45 am] Rule for Golden Tilefish are responsible for reviewing these
BILLING CODE 6712–01–P Specifications.’’ recommendations to ensure that they
INSTRUCTIONS: Comments sent by achieve the FMP objectives and are
2 Service Rules for 698–746, 747–762, and 777–
any other method, to any other address consistent with all applicable laws, and
792 MHz Bands et al., Report and Order and or individual, or received after the end may modify them if they do not.
Further Notice of Proposed Rulemaking, 22 FCC
Rcd 8064, 8212 (2007) (700 MHz Further Notice). of the comment period, may not be Following review, NMFS publishes the
3 700 MHz Second Report and Order, 22 FCC Rcd considered by NMFS. All comments final specifications in the Federal
at 15542. received are part of the public record Register.
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Document Created: 2017-09-07 02:01:45
Document Modified: 2017-09-07 02:01:45
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties may file comments on or before October 10, 2017, and reply comments on or before November 6, 2017. | |
| FR Citation | 82 FR 42263 |
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