83_FR_47518 83 FR 47336 - Incentive Auction Task Force and Media Bureau Remind Repacked Stations of Certain Post-Auction Transition Requirements and Deadlines

83 FR 47336 - Incentive Auction Task Force and Media Bureau Remind Repacked Stations of Certain Post-Auction Transition Requirements and Deadlines

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 182 (September 19, 2018)

Page Range47336-47341
FR Document2018-20305

This document is intended to remind stations that were assigned to new channels as a result of the incentive auction (repacked stations) of upcoming deadlines, application filing obligations, and notice requirements. This document also provides additional guidance concerning transition matters, including permissible station operations during the phase testing periods, when a station is expected to cease pre-auction operations, and the need to coordinate with other linked- stations.

Federal Register, Volume 83 Issue 182 (Wednesday, September 19, 2018)
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47336-47341]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20305]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 16-306 and GN Docket No. 12-268; DA 18-884]


Incentive Auction Task Force and Media Bureau Remind Repacked 
Stations of Certain Post-Auction Transition Requirements and Deadlines

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: This document is intended to remind stations that were 
assigned to new channels as a result of the incentive auction (repacked 
stations) of upcoming deadlines, application filing obligations, and 
notice requirements. This document also provides additional guidance 
concerning transition matters, including permissible station operations 
during the phase testing periods, when a station is expected to cease 
pre-auction operations, and the need to coordinate with other linked-
stations.

FOR FURTHER INFORMATION CONTACT: Evan Morris, Media Bureau, (202) 418-
1656.

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, MB 
Docket MB Docket No. 16-306 and GN Docket No. 12-268, DA 18-884, 
adopted and released August 27, 2018, by the Chief of the Media Bureau 
pursuant to delegated authority. The full text of the Order is 
available for inspection and copying during normal business hours in 
the FCC's Reference Information Center at Portals II, CY-A257, 445 12th 
Street SW, Washington, DC 20554. The full text is also available online 
at http://apps.fcc.gov/ecfs/ and https://www.fcc.gov/edocs.

Summary of the Public Notice

    1. The Incentive Auction Task Force and the Media Bureau (Bureau) 
herein remind repacked stations of upcoming deadlines, application 
filing obligations, and notice requirements, and provide additional 
guidance concerning transition matters, including permissible station 
operations during the phase testing periods, when a station is expected 
to cease pre-auction operations, and the need to coordinate with other 
linked-stations. For purposes of this Public Notice, a ``repacked 
station'' means a full power or Class A broadcast television station 
that was assigned both a new channel and to a post-auction transition 
phase in the Incentive Auction Closing and Channel Reassignment Public 
Notice. This includes stations that submitted a

[[Page 47337]]

winning bid to move from the ultra-high frequency (UHF) band to the 
very-high frequency (VHF) band, or from the high VHF band to the low 
VHF band (i.e., band changers). Unless otherwise specified, ``repacked 
station'' also includes channel sharee stations that are channel 
sharing with a repacked station. Infra, para. 19. This Public Notice 
does not address the obligations of displaced low power television and 
translator stations, non-repacked full power or Class A television 
stations with unbuilt construction permits, or the small number of 
Class A television stations that were not protected during the 
repacking process.
    2. Transition Timetable. Each repacked station is assigned to one 
of 10 transition phases, each with specific dates on which the station, 
subject to any required coordination, can commence testing and 
operation on its post-auction channel (testing period start date) and 
must cease operating on its pre-auction channel (phase completion 
date). A repacked station's phase completion date is also the date 
listed on its construction permit as its construction expiration date. 
Below is the current phase transition schedule with each phase's 
applicable testing period start date and phase completion date.

------------------------------------------------------------------------
                                                               Phase
                  Phase                   Testing period    completion
                                            start date         date
------------------------------------------------------------------------
1.......................................      09/14/2018      11/30/2018
2.......................................      12/01/2018      04/12/2019
3.......................................      04/13/2019      06/21/2019
4.......................................      06/22/2019      08/02/2019
5.......................................      08/03/2019      09/06/2019
6.......................................      09/07/2019      10/18/2019
7.......................................      10/19/2019      01/17/2020
8.......................................      01/18/2020      03/13/2020
9.......................................      03/14/2020      05/01/2020
10......................................      05/02/2020      07/03/2020
------------------------------------------------------------------------

    3. Repacked Station Transition Data. Information on repacked 
stations' post-auction channel assignments, phase assignments, and 
linked-station sets, including changes made during the transition, can 
be found at the following website: https://data.fcc.gov/download/incentive-auctions/Current_Transition_Files/ (Transition Data website). 
The date of any update is noted next to each file. All modifications to 
the Transition Data website can be viewed by clicking on the link 
entitled ``Change Log.'' Individual station's phase assignments and 
deadlines, including changes, can also be found on each repacked 
station's ``facility page'' in the Commission's Licensing and 
Management System (LMS) under the ``Transition Data'' tab. To access a 
station's ``facility page,'' perform a ``Facility Search'' by call sign 
in LMS and then click on the station's Facility ID number.
    4. Testing/Commencing Post-Auction Operations. Repacked stations 
may not commence testing or operation on their post-auction channel 
until 12:01 a.m. (local time) on their testing period start date. To be 
clear, transmitting any signal (a test signal or otherwise) on a 
repacked station's post-auction channel prior to its testing period 
start date without express authority from the Commission to do so would 
be a violation of the Commission's regulations concerning the post-
auction transition and amount to unauthorized operation. Unless 
expressly stated in a repacked station's construction permit or 
necessitated by being part of a linked-station set, Commission consent 
is not required to commence testing or post-auction operation starting 
at 12:01 a.m. (local time) on a repacked station's testing period start 
date. During the testing period stations are permitted to transmit a 
signal using their post-auction channel in order to: (1) Conduct 
testing of a station's equipment/signal to ensure proper functionality, 
see 47 CFR 73.1610; and (2) permanently commence operation on their 
post-auction channel upon ceasing operation on their pre-auction 
channel, see 47 CFR 73.1620. The purpose of the testing period is not 
for stations to simulcast signals to viewers on two channels. Stations 
must file an application for license to cover (FCC Form 2100, Schedule 
B (full power) or Schedule F (Class A)) within 10 days following 
commencement of program test authority, see 47 CFR 73.1620.
    5. Some stations are required to receive authority to commence 
operation under program test authority, notably stations that will be 
operating on channel 14, see 47 CFR 73.687(e)(4)(ii). Stations should 
carefully check the terms of their construction permits for any special 
conditions and any required documentation that must accompany a request 
for program test authority. In order to avoid going silent, a station 
that requires advance permission to commence program test authority 
should request Commission authority to do so in advance of its phase 
completion date.
    6. Coordination Among Linked-Stations. Stations that are part of a 
linked-station set must coordinate both testing and commencement of 
operation on their post-auction channel with all other stations to 
which they are directly linked in that linked-station set. Stations in 
a linked station-set are linked through direct dependencies. An 
``upstream'' station in a linked-station set is one that must 
transition to its post-auction channel prior to another station(s) in 
the set (the ``downstream'' station) in order to avoid interference. If 
a ``downstream'' station was to test or operate on its post-auction 
channel while the ``upstream'' station continued to operate on its pre-
auction channel, one or both of the stations would receive interference 
from the other. In most cases, coordination will require more than 
notice of a station's individual plans. Coordination should result in 
an agreed upon designated time and date on which all linked-stations 
will conduct testing on their post-auction channels and which all such 
stations will commence operation on their new channels. Failure to 
closely coordinate will result, in many cases, in substantial 
interference. An increase of pairwise interference in excess of 2%, 
unless expressly authorized by the Commission or agreed to among the 
affected stations, is a violation of Commission rules. As noted above, 
complete information on linked-station sets and direct dependencies can 
be found on the Transition Data website, as well as on each repacked 
station's ``facility page'' in LMS under the ``Transition Data'' tab.
    7. Requests for Additional Flexibility Using Special Temporary 
Authority. As we have recognized, in order for some repacked stations 
to construct their post-auction facility they may need to operate with 
temporary facilities on either their pre-auction or post-auction 
channel for a period of time. If a station must operate on its pre-
auction or post-auction channel at variance from its authorized 
parameters, a station must file an application for special temporary 
authority (STA) and receive a grant of such authority prior to 
commencing operations. A station could also conduct such operations 
without an STA if it were commencing operation using a licensed 
auxiliary facility. There are several additional tools at a repacked 
station's disposal to remain on the air if it is unable to commence 
operation on its post-auction channel by its phase completion date. 
Repacked stations may seek an STA to individually use a temporary 
channel or engage in temporary joint use of a channel. Authorization of 
use of an individual temporary channel will be restricted to 
replicating a station's pre-auction coverage area and population 
served. While we will consider requests to temporarily operate in the 
new wireless band, we will require broadcasters to demonstrate that 
there is no reasonable alternative available and provide

[[Page 47338]]

consent from potentially impacted wireless licensee(s). In the case of 
a request for temporary joint use of a channel, the applicant (joint 
user) must include with its request a written authorization from the 
licensee of the host station. Commercial and noncommercial educational 
(NCE) stations as well as full power and Class A stations may request 
to engage in temporary joint use of a channel. Stations also may 
request an STA to continue to operate on their pre-auction channel 
beyond their phase completion deadlines. We clarify that STA requests 
to continue operating on a station's pre-auction channel should not be 
made in lieu of filing for a phase change. See infra, para. 14. We 
envision such requests would be filed when a station discovers at the 
last-minute that, due to unforeseen circumstances beyond its control, 
it will be unable to commence operation on its post-auction channel by 
its phase completion date and is left with no reasonable alternative 
other than going silent. Authority for a station to continue to operate 
on its pre-auction channel after its phase completion date may only be 
possible at reduced power.
    8. As we have previously announced, the Bureau will evaluate all 
STA requests to determine whether grant would delay or disrupt the 
post-auction transition schedule. We will not grant an STA that would 
authorize a station to operate on its pre-auction channel beyond the 
end of the 39-month transition period. While we have provided several 
tools to provide relief to stations that are unable to satisfy certain 
transition deadlines, failure to timely initiate a construction project 
or undertake necessary steps to meet transition deadlines, including 
due to a pending application, or the amount of any reimbursement 
allocation, will not be weighed favorably as a factor in considering 
such grants of relief. See Incentive Auction Task Force and Media 
Bureau Announce the Initial Reimbursement Allocation for Eligible 
Broadcasters and MVPDs, Public Notice, 32 FCC Rcd 7556, 7559-60 (IATF/
MB 2017); Incentive Auction Task Force and Media Bureau Announce a 
Further Reimbursement Allocation for Eligible Broadcasters and MVPDs, 
Public Notice, DA 18-372, 5 (rel. Apr. 16, 2018). All STAs for 
temporary facilities granted in connection with the post-auction 
transition will be for a maximum of 180 days. We recommend that 
repacked stations, if possible, file such STA requests at least 30 days 
prior to the date they plan to commence STA operations. In addition, 
the Bureau may modify or cancel an STA at any time, without prior 
notice or right to hearing, see 47 CFR 73.1635.
    9. Silent Authority. Commission rules provide that a station may 
suspend operations for a period of not more than 30 days absent 
specific authority from the Commission. Stations that remain silent for 
more than 10 days must notify the Commission not later than the tenth 
day of their suspended operations by filing a Suspension of Operations 
Notification in LMS, 47 CFR 73.1740(a)(4). Stations that need to remain 
silent for more than 30 days must file for a Silent STA. Id. We remind 
stations that the license of any station that remains silent for any 
consecutive 12-month period expires automatically at the end of that 
period, by operation of law, except that the Commission can extend or 
reinstate such a license ``to promote equity and fairness.'' 47 U.S.C. 
312(g). In considering requests to extend or reinstate a license, we 
will examine whether the station has demonstrated that its silence is 
the result of compelling reasons beyond the station's control, 
including facts that relate to the post-auction transition process.
    10. In the unlikely circumstance where a station believes it will 
need to temporarily go silent because it will be unable to commence 
operation on its post-auction channel by its phase completion date, the 
station should notify its regional coordinator and send an email to 
IATransition@fcc.gov as soon as that fact is known. An up-to-date list 
is available at: https://www.fcc.gov/about-fcc/fcc-initiatives/incentive-auctions/transition-schedule, select the ``Regions'' tab.
    11. Ceasing Pre-Auction Channel Operation. In order to accommodate 
a smooth transition and prevent viewer confusion, repacked stations are 
expected to cease operation on their pre-auction channel upon whichever 
of the following occurs first: (1) The filing of a license to cover; 
(2) the commencement of operation on the station's post-auction channel 
pursuant to a grant of STA to operate at variance from its authorized 
post-auction parameters; (3) the date a station has informed viewers it 
will be ceasing pre-auction operations or commencing post-auction 
operations; or (4) no later than 11:59 p.m. local time on the station's 
assigned phase completion date. As discussed in greater detail below, a 
station that cannot complete construction of its post-auction facility 
by the construction permit expiration date (i.e. the station's phase 
completion date), may seek a single extension of the construction 
permit expiration date of up to 180 days. However, absent express 
authority from the Commission to the contrary, a repacked station must 
cease operation on its pre-auction channel no later than the station's 
phase completion date.
    12. Extension of Construction Permit Expiration Date. A station may 
seek a single extension of the construction permit expiration date of 
up to 180 days by submitting an extension application using Schedule 
2100, FCC Form 337 (Construction Permit Extension). Such application 
must be filed 90 days before a station's construction permit deadline. 
See 47 CFR 73.3700(b)(5). The deadline for filing a Construction Permit 
Extension application, by phase and based on the current transition 
schedule, are as follows:

------------------------------------------------------------------------
                                                            180-day
                                                          construction
                        Phase                           permit extension
                                                        filing deadline
------------------------------------------------------------------------
1....................................................         09/04/2018
2....................................................         01/14/2019
3....................................................         03/25/2019
4....................................................         05/06/2019
5....................................................         06/10/2019
6....................................................         07/22/2019
7....................................................         10/21/2019
8....................................................         12/16/2019
9....................................................         02/03/2020
10...................................................         04/06/2020
------------------------------------------------------------------------

    A Construction Permit Extension application must include an exhibit 
demonstrating that, despite all reasonable efforts, the station is 
unable to complete construction of its new facility on time due to 
circumstances that were either unforeseeable or beyond its control. The 
following circumstances might justify grant of an extension of a 
station's construction deadline: (1) Weather related delays; (2) delays 
in construction due to the unavailability of equipment or a tower crew; 
(3) tower lease disputes; (4) unusual technical challenges; or (5) 
delays caused by the need to obtain government approvals, such as land 
use or zoning approvals, or to observe competitive bidding requirements 
prior to purchasing equipment or services. In limited circumstances and 
with appropriate supporting documentation, stations may rely on 
``financial hardship'' as a criterion for seeking an extension of time. 
Such circumstances may, for example, include a situation in which a 
station is subject to an active bankruptcy or receivership proceeding. 
47 CFR 73.3700(b)(5)(ii) and (iii).
    13. Grant of a Construction Permit Extension does not modify the 
requirement that the station cease operation on its pre-auction channel 
by 11:59 p.m. (local time) on its phase

[[Page 47339]]

completion date. The Bureau has also announced that, prior to grant, it 
will evaluate all extension applications to determine whether grant 
will delay or disrupt the post-auction transition schedule. Additional 
time beyond the initial 180-day extension will be subject to the 
Commission's stricter ``tolling'' rule. See 47 CFR 73.3700(b)(5)(i) and 
73.3598(b).
    14. Request for Waiver and Modification of Assigned Transition 
Phase. The Bureau has stated that it will evaluate, on a case-by-case 
basis, requests for waiver and modification of a station's transition 
phase under the Commission's general waiver standard, 47 CFR 1.3, and 
by assessing the impact of the request on the transition schedule, 
including the impact on other broadcasters and viewers. In order to 
facilitate a timely and orderly transition, the Bureau determined that 
it will view favorably requests that are compliant with the 
Commission's rules and have little or no impact on the transition 
schedule. We will evaluate factors such as the impact on viewers, the 
impact on other repacked stations' access to resources, how 
modification to the transition schedule may disrupt deployment of new 
600 MHz broadband services, and if the phase change would inhibit 
broadcasters' ability to complete the transition within the 39-month 
post-auction transition period. Requests that the staff determine would 
be likely to delay or disrupt the transition schedule will be viewed 
unfavorably. See Incentive Auction Task Force and Media Bureau Adopt 
Post-Incentive Auction Transition Scheduling Plan, Public Notice, 32 
FCC Rcd 890, 912-14, paras. 49-52 (MB 2017). During the 10-phase 
transition period, the testing period start dates and phase completion 
dates occur in quick succession, especially as the transition 
progresses. Therefore, we must undertake a detailed review of each 
request based on the unique facts and circumstances presented in order 
to determine whether the benefits of a phase change outweigh the 
burdens and is in the public interest. In particular, we must do all 
that is possible to ensure limited resources (for instance structural 
engineers, tower crews, and equipment manufacturers, among others) are 
available to repacked stations and must be mindful of the additional 
burdens on viewers that some phase changes impose when the change would 
increase the number of rescan periods in an area. That is why we 
limited the number of rescan periods per DMA to a maximum of two when 
we established the phased transition schedule. Furthermore, when 
setting the testing period start date and phase completion date for 
each phase, we took into account time and resource estimates based on 
information collected through notice and comment, to estimate how long 
it would take all the stations in each phase to obtain access to 
limited resources and complete their transitions. We note that a vast 
majority of phase changes to date have involved stations receiving 
authority to transition to their post-auction channel in the period 
prior to Phase 1. These ``early'' transition cases in particular 
presented facts and circumstances that may no longer be applicable or 
have the same benefit after the testing period start date for Phase 1 
commences on September 14, 2018.
    15. Required Transition Notifications. Repacked stations are 
required to provide notices to viewers and certain third-party entities 
prior to transitioning to their post-auction channel. Precisely when 
these notifications are made will be unique to each station's 
individual transition plans. With regard to viewer notifications, at 
least 30 days prior to ceasing operation on a station's pre-auction 
channel all stations must air at least 60-seconds per day of on-air 
consumer education public service announcements (PSAs) or crawls, see 
47 CFR 73.3700(c)(3). If a station's anticipated transition date 
changes, licensees are expected to promptly provide updated 
notifications to viewers reflecting the date change. To the extent a 
station is not able to comply with its consumer education requirements, 
it must file a request for waiver of 47 CFR 73.3700(c) as a Legal STA 
in LMS. All waiver requests will be evaluated on a case-by-case basis 
in accordance with the Commission waiver standard, 47 CFR 1.3, and must 
include the following information: (1) An explanation describing why 
the station is unable to comply with the existing consumer education 
requirements; (2) an alternative but comparable means the station will 
use to notify viewers of the station's new channel; and (3) why grant 
of the waiver request complies with the Commission's general waiver 
standard. A station may propose to provide alternative notification to 
viewers through, for example, local newspaper, radio, other in-market 
television stations, and/or digital and social media. Depending on the 
proposal, the Bureau may require a combination of alternative 
notification efforts. The required substance of a station's viewer 
notifications are set forth in 47 CFR 73.3700(c)(4) and (5) of the 
Rules. Within 30 days following completion of a station's transition to 
its post-auction channel, stations must place in their online local 
public inspection file a certification of compliance with its viewer 
notification obligations. 47 CFR 73.3700(c)(6). Stations should upload 
a copy of this certification into the folder in their online local 
public inspection file entitled ``Auction Transition Consumer 
Certification.'' Instructions for accessing and uploading documents to 
a station's online local public inspection file can be found at: 
https://publicfiles.fcc.gov/faq/.
    16. Stations must also provide notice to Multichannel Video 
Programming Distributors (MVPDs) not less than 90 days prior to the 
date on which the station will begin operations on its post-auction 
channel. The requirements of the written notice and where the notice 
must be sent are provided in 47 CFR 73.3700(d). If a station's 
anticipated transition date changes, the licensee must send a further 
notice to the affected MVPD informing them of the new anticipated date. 
47 CFR 73.3700(d)(5)(v). We strongly encourage stations also to reach 
out to their regular contacts with local MVPDs in addition to the 
points of contact identified in the rule in order to ensure a smooth 
transition.
    17. Notifications must also be provided based on individual 
conditions placed on stations construction permits. Some of these 
notifications include providing notice to health care facilities, 47 
CFR 15.242(a)(1), such as hospitals and nursing homes, and AM radio 
stations. Stations should review their construction permit for such 
conditions and make arrangements now to ensure that they are met prior 
to the filing of a license to cover.
    18. Post-Auction Transition Progress Reports. Repacked stations are 
required to file Post-Auction Transition Progress Reports using FCC 
Form 2100, Schedule 387, electronically in LMS at various times during 
the transition process. See 47 CFR 73.3700(e)(5). Transition Progress 
Report obligations were established for both reimbursable repacked 
stations and non-reimbursable repacked stations (i.e., band changers). 
Reports much be filed quarterly (Quarterly Report) no later than 
January 10, April 10, July 10, and October 10. Each report reflects 
information for the preceding quarter: January 10 for the fourth 
quarter of the previous year (October-December), April 10 for the first 
quarter (January-March), July 10 for the second quarter (April-June), 
and October 10 for the third quarter (July-September). Reports must 
also be filed (1) 10 weeks before the end of their assigned 
construction deadline (10-

[[Page 47340]]

Week Report); (2) 10 days after they complete all work related to 
construction of their post-auction facilities (Construction Completion 
Report); and (3) five days after they cease broadcasting on their pre-
auction channel (Pre-Auction Termination Report). See The Incentive 
Auction Task Force and Media Bureau Release Transition Progress Report 
Form and Filing Requirements for Stations Eligible for Reimbursement 
from the TV Broadcast Relocation Fund and Seek Comment on the Filing of 
the Report by Non-Reimbursable Stations, Public Notice, 32 FCC Rcd 256 
(MB 2017); The Incentive Auction Task Force and Media Bureau Adopt 
Filing Requirements For the Transition Progress Report Form By Stations 
that are Not Eligible for Reimbursement from the TV Broadcast 
Relocation Fund, Public Notice, 32 FCC Rcd 4029 (MB 2017). The 10-Week 
Report filing dates based on the current transition schedule is as 
follows:

------------------------------------------------------------------------
                                                         10-week report
                        Phase                           filing deadline
------------------------------------------------------------------------
1....................................................         09/21/2018
2....................................................         02/01/2019
3....................................................         04/12/2019
4....................................................         05/24/2019
5....................................................         06/28/2019
6....................................................         08/09/2019
7....................................................         11/08/2019
8....................................................         01/03/2020
9....................................................         02/21/2020
10...................................................         04/24/2020
------------------------------------------------------------------------

    The timing of the Construction Completion Report and Pre-Auction 
Termination Report will be based on each station's unique situation and 
transition timing. The Construction Completion Report should only be 
filed when the post-auction facility authorized in a station's 
construction permit has been completed and the station could file an 
application for license to cover if it were permitted to commence 
program test authority on its post-auction channel. The filing of a 
station's Construction Completion Report does not necessarily require 
the filing of a license to cover. Such filing is only required once the 
station commences program test authority, which the station is only 
able to do on or after its testing period start date, subject to any 
required coordination if the station is in a linked-station set. A 
station may file its Construction Completion Report in advance of its 
testing period start date assuming that construction of its post-
auction facility is complete, but making such a filing does not permit 
a station to commence post-auction operation prior to its testing 
period start date. If a station will be commencing operation on its 
post-auction channel under an STA, it must wait to file its 
Construction Completion Report until after it has filed its Pre-Auction 
Termination Report and completed construction of the post-auction 
facility authorized in its construction permit. Each category of 
Transition Progress Report are individual reports that must be filed 
separately. A station must continue to file Quarterly Reports until it 
has filed its 10-Week Report, Pre-Auction Termination Report, and 
Construction Completion Report.
    19. Channel Sharing Repacked Station. In the event that a channel 
sharee station (sharee station) is channel sharing with another station 
(host station) that is repacked, the sharee station must comply with 
all notification requirements, including but not limited to consumer 
and MVPD notice requirements as discussed above. In addition, not less 
than 60 days prior to the host station's phase construction deadline, 
the host station must file a minor change application to its current 
channel sharing license for a construction permit (FCC Form 2100 -
Schedule A (full power) and Schedule E (Class A)) specifying the host 
station's post-auction channel and parameters previously authorized in 
its post-auction construction permit. Such applications will be 
considered minor changes and will be subject to filing fees. Please 
note, these filing instructions differ from those previously provided. 
Failure to follow the instructions set forth in this Public Notice 
could result in application processing delays and the need to file 
additional applications. So long as the sharee station is licensed to 
operate on the same channel as the host station and a minor change 
application has been filed by the host station, LMS is designed so that 
a license application for a post-auction channel filed by the host 
station will be filed on behalf of all licensed sharee stations. LMS 
requires that the filer certify that all channel sharing stations 
consent to the filing of the application. Because sharee stations will 
be operating from the same post-auction facility as the repacked host 
station, sharee stations are not required to file Transition Progress 
Reports. Furthermore, only the host station needs to file a request for 
waiver and modification of assigned phase change so long as a signed 
letter of consent from each licensee that is a party to the channel 
sharing arrangement is included with the request. All other 
applications and filings discussed in this Public Notice, including but 
not limited to requests for an engineering STA, STA for silent 
authority, and a request for Construction Permit Extension, must be 
individually filed by both the host station and any sharee station.
    20. Informal Request for Transition Dates and Outreach Information. 
In order to assist the Commission with answering viewer inquiries and 
evaluating ways to further support repacked stations' transition 
efforts, we informally request that a repacked station notify us via 
email at IAtransition@fcc.gov once it knows the specific date that it 
intends to cease operations on its pre-auction channel and commence 
operations on its post-auction channel. We would also welcome 
additional information concerning places the Commission can direct 
viewers to obtain information about a repacked station's transition 
plans, such as a viewer email inquiry box, website, or hotline. While 
this is not an official information collection and you are not required 
to provide us with this information, voluntarily doing so will help the 
Commission support repacked stations transition efforts and help 
facilitate a smooth transition process for viewers.
    21. Contacts. Additional questions concerning the post-incentive 
auction transition or this Public Notice may be referred to the contact 
persons listed in the Public Notice.
    22. Filings. All applications and reports referenced in this Public 
Notice must be filed in LMS, including but not limited to Transition 
Progress Reports, Applications for License to Cover, STAs (technical 
and legal), and Construction Permit Extensions. LMS filing instructions 
are provided in Appendix A of the Public Notice. Stations are also 
asked to send an electronic copy of certain transition-related filings, 
as indicated in Appendix A, via email to: 
IATransitionlicensing@fcc.gov.
    23. Additional Resources. Repacked stations and other interested 
parties may want to visit the Commission's broadcast transition website 
and/or review the following additional resources listed in the Public 
Notice and available on the Commission's EDOCS database (https://www.fcc.gov/edocs) for guidance concerning the post-incentive auction 
broadcast television transition.
    24. This action is taken by the Chief, Media Bureau, pursuant to 
authority delegated by 47 CFR 0.61.


[[Page 47341]]


Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2018-20305 Filed 9-18-18; 8:45 am]
 BILLING CODE 6712-01-P



                                              47336                   Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices

                                              Remediation and Restoration, (OSRR01–                   persons will be interviewed per site,                 FEDERAL COMMUNICATIONS
                                              5), Environmental Protection Agency,                    with an estimated total of 80 persons                 COMMISSION
                                              Region 1, 5 Post Office Square, Suite                   being interviewed per year (8 sites).
                                              100, Boston, MA 02109–3912; telephone                   Responses to the collection of                        [MB Docket No. 16–306 and GN Docket No.
                                                                                                                                                            12–268; DA 18–884]
                                              number: (617) 918–1428; fax number:                     information are voluntary and the
                                              (617) 918–0428; email address:                          names of respondents will be protected                Incentive Auction Task Force and
                                              Shewack.robert@epa.gov.                                 by the Privacy Act. The TANA will help                Media Bureau Remind Repacked
                                              SUPPLEMENTARY INFORMATION:                              ensure the community’s needs for                      Stations of Certain Post-Auction
                                              Supporting documents which explain in                   technical information assistance are                  Transition Requirements and
                                              detail the information that the EPA will                defined as early in the remedial/removal              Deadlines
                                              be collecting are available in the public               process as possible and enable
                                              docket for this ICR. The docket can be                  meaningful community involvement in                   AGENCY: Federal Communications
                                              viewed online at www.regulations.gov                    the Superfund decision-making process.                Commission.
                                              or in person at the EPA Docket Center,                  Additionally, the TANA process                        ACTION: Notice.
                                              WJC West, Room 3334, 1301                               produces a blueprint for designing a
                                              Constitution Ave. NW, Washington, DC.                   coordinated effort to meet the                        SUMMARY:    This document is intended to
                                              The telephone number for the Docket                     community’s needs for additional                      remind stations that were assigned to
                                              Center is 202–566–1744. For additional                  technical assistance while minimizing                 new channels as a result of the incentive
                                              information about EPA’s public docket,                  the overlap of services provided.                     auction (repacked stations) of upcoming
                                              visit http://www.epa.gov/dockets.                          Form numbers: None.                                deadlines, application filing obligations,
                                                 Pursuant to section 3506(c)(2)(A) of                    Respondents/affected entities:                     and notice requirements. This document
                                              the PRA, EPA is soliciting comments                     Respondents to this ICR are local/state               also provides additional guidance
                                              and information to enable it to: (i)                    government officials, potentially-                    concerning transition matters, including
                                              Evaluate whether the proposed                           responsible party (PRP) representatives,              permissible station operations during
                                              collection of information is necessary                  community organizations, businesses                   the phase testing periods, when a
                                              for the proper performance of the                       and individuals who may be impacted                   station is expected to cease pre-auction
                                              functions of the Agency, including                      by a Superfund site or a removal action               operations, and the need to coordinate
                                              whether the information will have                       lasting 120 days or longer. These                     with other linked-stations.
                                              practical utility; (ii) evaluate the                    community members voluntarily                         FOR FURTHER INFORMATION CONTACT:
                                              accuracy of the Agency’s estimate of the                participate in community involvement                  Evan Morris, Media Bureau, (202) 418–
                                              burden of the proposed collection of                    activities throughout the remedial phase              1656.
                                              information, including the validity of                  of the Superfund process. SIC Codes are               SUPPLEMENTARY INFORMATION: This is a
                                              the methodology and assumptions used;                   OSHA’s Standard Industrial                            summary of the Public Notice, MB
                                              (iii) enhance the quality, utility, and                 Classification System used to identify                Docket MB Docket No. 16–306 and GN
                                              clarity of the information to be                        different groups. Local/state                         Docket No. 12–268, DA 18–884, adopted
                                              collected; and (iv) minimize the burden                 governments are categorized as Division               and released August 27, 2018, by the
                                              of the collection of information on those               J: Public Administration, Major Group                 Chief of the Media Bureau pursuant to
                                              who are to respond, including through                   95: Administration of Environmental                   delegated authority. The full text of the
                                              the use of appropriate automated                        Quality, subgroup 9511: Air and Water                 Order is available for inspection and
                                              electronic, mechanical, or other                        Resource and Solid Waste Management.                  copying during normal business hours
                                              technological collection techniques or                  The other respondents, community                      in the FCC’s Reference Information
                                              other forms of information technology,                  members, do not have a SIC Code as                    Center at Portals II, CY–A257, 445 12th
                                              e.g., permitting electronic submission of               they do not constitute an industry.                   Street SW, Washington, DC 20554. The
                                              responses. EPA will consider the                           Respondent’s obligation to respond:                full text is also available online at
                                              comments received and amend the ICR                     voluntary.                                            http://apps.fcc.gov/ecfs/ and https://
                                              as appropriate. The final ICR package                      Estimated number of respondents: 80                www.fcc.gov/edocs.
                                              will then be submitted to OMB for                       (per year).
                                              review and approval. At that time, EPA                                                                        Summary of the Public Notice
                                                                                                         Frequency of response: Once during
                                              will issue another Federal Register                     the remediation of the Site. Each TANA                   1. The Incentive Auction Task Force
                                              notice to announce the submission of                    interview is expected to last                         and the Media Bureau (Bureau) herein
                                              the ICR to OMB and the opportunity to                   approximately one hour in duration.                   remind repacked stations of upcoming
                                              submit additional comments to OMB.                         Total estimated burden: 80 hours (per              deadlines, application filing obligations,
                                                 Abstract: This ICR covers the usage of               year). Burden is defined at 5 CFR                     and notice requirements, and provide
                                              TANAs with members of the impacted                      1320.03(b).                                           additional guidance concerning
                                              community in order to determine how                        Total estimated cost: $1,860 (per                  transition matters, including
                                              the community is receiving technical                    year), includes $0 annualized capital or              permissible station operations during
                                              information about a Superfund remedial                  operation & maintenance costs.                        the phase testing periods, when a
                                              or removal site; whether the community                     Changes in Estimates: A reduction in               station is expected to cease pre-auction
                                              requires additional assistance in order                 the total estimated respondent burden is              operations, and the need to coordinate
                                              to understand and respond to site-                      expected when compared with the ICR                   with other linked-stations. For purposes
                                              related technical information; and                                                                            of this Public Notice, a ‘‘repacked
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                                                                                                      currently approved by OMB.
                                              whether there are organizations in the                                                                        station’’ means a full power or Class A
                                              community that are interested or                          Dated: September 12, 2018.                          broadcast television station that was
                                              involved in site-related issues and                     James E. Woolford,                                    assigned both a new channel and to a
                                              capable of acting as an appropriate                     Director, Office of Superfund Remediation             post-auction transition phase in the
                                              conduit for technical assistance services               and Technology Innovation.                            Incentive Auction Closing and Channel
                                              to the affected community. Given the                    [FR Doc. 2018–20388 Filed 9–18–18; 8:45 am]           Reassignment Public Notice. This
                                              specific nature of the TANA, 8 to 10                    BILLING CODE 6560–50–P                                includes stations that submitted a


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                                                                          Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices                                            47337

                                              winning bid to move from the ultra-high                     perform a ‘‘Facility Search’’ by call sign            ‘‘upstream’’ station in a linked-station
                                              frequency (UHF) band to the very-high                       in LMS and then click on the station’s                set is one that must transition to its
                                              frequency (VHF) band, or from the high                      Facility ID number.                                   post-auction channel prior to another
                                              VHF band to the low VHF band (i.e.,                            4. Testing/Commencing Post-Auction                 station(s) in the set (the ‘‘downstream’’
                                              band changers). Unless otherwise                            Operations. Repacked stations may not                 station) in order to avoid interference. If
                                              specified, ‘‘repacked station’’ also                        commence testing or operation on their                a ‘‘downstream’’ station was to test or
                                              includes channel sharee stations that are                   post-auction channel until 12:01 a.m.                 operate on its post-auction channel
                                              channel sharing with a repacked station.                    (local time) on their testing period start            while the ‘‘upstream’’ station continued
                                              Infra, para. 19. This Public Notice does                    date. To be clear, transmitting any signal            to operate on its pre-auction channel,
                                              not address the obligations of displaced                    (a test signal or otherwise) on a                     one or both of the stations would
                                              low power television and translator                         repacked station’s post-auction channel               receive interference from the other. In
                                              stations, non-repacked full power or                        prior to its testing period start date                most cases, coordination will require
                                              Class A television stations with unbuilt                    without express authority from the                    more than notice of a station’s
                                              construction permits, or the small                          Commission to do so would be a                        individual plans. Coordination should
                                              number of Class A television stations                       violation of the Commission’s                         result in an agreed upon designated
                                              that were not protected during the                          regulations concerning the post-auction               time and date on which all linked-
                                              repacking process.                                          transition and amount to unauthorized                 stations will conduct testing on their
                                                 2. Transition Timetable. Each                            operation. Unless expressly stated in a               post-auction channels and which all
                                              repacked station is assigned to one of 10                   repacked station’s construction permit                such stations will commence operation
                                              transition phases, each with specific                       or necessitated by being part of a linked-            on their new channels. Failure to
                                              dates on which the station, subject to                      station set, Commission consent is not                closely coordinate will result, in many
                                              any required coordination, can                              required to commence testing or post-                 cases, in substantial interference. An
                                              commence testing and operation on its                       auction operation starting at 12:01 a.m.              increase of pairwise interference in
                                              post-auction channel (testing period                        (local time) on a repacked station’s                  excess of 2%, unless expressly
                                              start date) and must cease operating on                     testing period start date. During the                 authorized by the Commission or agreed
                                              its pre-auction channel (phase                              testing period stations are permitted to              to among the affected stations, is a
                                              completion date). A repacked station’s                      transmit a signal using their post-                   violation of Commission rules. As noted
                                              phase completion date is also the date                      auction channel in order to: (1) Conduct              above, complete information on linked-
                                              listed on its construction permit as its                    testing of a station’s equipment/signal to            station sets and direct dependencies can
                                              construction expiration date. Below is                      ensure proper functionality, see 47 CFR               be found on the Transition Data website,
                                              the current phase transition schedule                       73.1610; and (2) permanently                          as well as on each repacked station’s
                                              with each phase’s applicable testing                        commence operation on their post-                     ‘‘facility page’’ in LMS under the
                                              period start date and phase completion                      auction channel upon ceasing operation                ‘‘Transition Data’’ tab.
                                              date.                                                       on their pre-auction channel, see 47
                                                                                                          CFR 73.1620. The purpose of the testing                  7. Requests for Additional Flexibility
                                                                                                          period is not for stations to simulcast               Using Special Temporary Authority. As
                                                                      Testing             Phase                                                                 we have recognized, in order for some
                                                  Phase             period start        completion        signals to viewers on two channels.
                                                                       date                date           Stations must file an application for                 repacked stations to construct their
                                                                                                          license to cover (FCC Form 2100,                      post-auction facility they may need to
                                              1 ................      09/14/2018          11/30/2018      Schedule B (full power) or Schedule F                 operate with temporary facilities on
                                              2 ................      12/01/2018          04/12/2019                                                            either their pre-auction or post-auction
                                              3 ................      04/13/2019          06/21/2019
                                                                                                          (Class A)) within 10 days following
                                                                                                          commencement of program test                          channel for a period of time. If a station
                                              4 ................      06/22/2019          08/02/2019                                                            must operate on its pre-auction or post-
                                              5 ................      08/03/2019          09/06/2019      authority, see 47 CFR 73.1620.
                                                                                                             5. Some stations are required to                   auction channel at variance from its
                                              6 ................      09/07/2019          10/18/2019
                                              7 ................      10/19/2019          01/17/2020      receive authority to commence                         authorized parameters, a station must
                                              8 ................      01/18/2020          03/13/2020      operation under program test authority,               file an application for special temporary
                                              9 ................      03/14/2020          05/01/2020      notably stations that will be operating               authority (STA) and receive a grant of
                                              10 ..............       05/02/2020          07/03/2020      on channel 14, see 47 CFR                             such authority prior to commencing
                                                                                                          73.687(e)(4)(ii). Stations should                     operations. A station could also conduct
                                                 3. Repacked Station Transition Data.                     carefully check the terms of their                    such operations without an STA if it
                                              Information on repacked stations’ post-                     construction permits for any special                  were commencing operation using a
                                              auction channel assignments, phase                          conditions and any required                           licensed auxiliary facility. There are
                                              assignments, and linked-station sets,                       documentation that must accompany a                   several additional tools at a repacked
                                              including changes made during the                           request for program test authority. In                station’s disposal to remain on the air if
                                              transition, can be found at the following                   order to avoid going silent, a station that           it is unable to commence operation on
                                              website: https://data.fcc.gov/download/                     requires advance permission to                        its post-auction channel by its phase
                                              incentive-auctions/Current_Transition_                      commence program test authority                       completion date. Repacked stations may
                                              Files/ (Transition Data website). The                       should request Commission authority to                seek an STA to individually use a
                                              date of any update is noted next to each                    do so in advance of its phase                         temporary channel or engage in
                                              file. All modifications to the Transition                   completion date.                                      temporary joint use of a channel.
                                              Data website can be viewed by clicking                         6. Coordination Among Linked-                      Authorization of use of an individual
                                              on the link entitled ‘‘Change Log.’’                        Stations. Stations that are part of a                 temporary channel will be restricted to
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                                              Individual station’s phase assignments                      linked-station set must coordinate both               replicating a station’s pre-auction
                                              and deadlines, including changes, can                       testing and commencement of operation                 coverage area and population served.
                                              also be found on each repacked station’s                    on their post-auction channel with all                While we will consider requests to
                                              ‘‘facility page’’ in the Commission’s                       other stations to which they are directly             temporarily operate in the new wireless
                                              Licensing and Management System                             linked in that linked-station set.                    band, we will require broadcasters to
                                              (LMS) under the ‘‘Transition Data’’ tab.                    Stations in a linked station-set are                  demonstrate that there is no reasonable
                                              To access a station’s ‘‘facility page,’’                    linked through direct dependencies. An                alternative available and provide


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                                              47338                   Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices

                                              consent from potentially impacted                       modify or cancel an STA at any time,                  up to 180 days. However, absent express
                                              wireless licensee(s). In the case of a                  without prior notice or right to hearing,             authority from the Commission to the
                                              request for temporary joint use of a                    see 47 CFR 73.1635.                                   contrary, a repacked station must cease
                                              channel, the applicant (joint user) must                   9. Silent Authority. Commission rules              operation on its pre-auction channel no
                                              include with its request a written                      provide that a station may suspend                    later than the station’s phase completion
                                              authorization from the licensee of the                  operations for a period of not more than              date.
                                              host station. Commercial and                            30 days absent specific authority from                   12. Extension of Construction Permit
                                              noncommercial educational (NCE)                         the Commission. Stations that remain                  Expiration Date. A station may seek a
                                              stations as well as full power and Class                silent for more than 10 days must notify              single extension of the construction
                                              A stations may request to engage in                     the Commission not later than the tenth               permit expiration date of up to 180 days
                                              temporary joint use of a channel.                       day of their suspended operations by                  by submitting an extension application
                                              Stations also may request an STA to                     filing a Suspension of Operations                     using Schedule 2100, FCC Form 337
                                              continue to operate on their pre-auction                Notification in LMS, 47 CFR                           (Construction Permit Extension). Such
                                              channel beyond their phase completion                   73.1740(a)(4). Stations that need to                  application must be filed 90 days before
                                              deadlines. We clarify that STA requests                 remain silent for more than 30 days                   a station’s construction permit deadline.
                                              to continue operating on a station’s pre-               must file for a Silent STA. Id. We                    See 47 CFR 73.3700(b)(5). The deadline
                                              auction channel should not be made in                   remind stations that the license of any               for filing a Construction Permit
                                              lieu of filing for a phase change. See                  station that remains silent for any                   Extension application, by phase and
                                              infra, para. 14. We envision such                       consecutive 12-month period expires                   based on the current transition
                                              requests would be filed when a station                  automatically at the end of that period,              schedule, are as follows:
                                              discovers at the last-minute that, due to               by operation of law, except that the
                                              unforeseen circumstances beyond its                     Commission can extend or reinstate                                                                     180-day
                                                                                                      such a license ‘‘to promote equity and                                                             construction
                                              control, it will be unable to commence                                                                                       Phase                       permit extension
                                              operation on its post-auction channel by                fairness.’’ 47 U.S.C. 312(g). In                                                                  filing deadline
                                              its phase completion date and is left                   considering requests to extend or
                                              with no reasonable alternative other                    reinstate a license, we will examine                  1 ......................................         09/04/2018
                                              than going silent. Authority for a station              whether the station has demonstrated                  2 ......................................         01/14/2019
                                                                                                      that its silence is the result of                     3 ......................................         03/25/2019
                                              to continue to operate on its pre-auction                                                                     4 ......................................         05/06/2019
                                              channel after its phase completion date                 compelling reasons beyond the station’s
                                                                                                      control, including facts that relate to the           5 ......................................         06/10/2019
                                              may only be possible at reduced power.                                                                        6 ......................................         07/22/2019
                                                                                                      post-auction transition process.                      7 ......................................         10/21/2019
                                                 8. As we have previously announced,                     10. In the unlikely circumstance
                                              the Bureau will evaluate all STA                                                                              8 ......................................         12/16/2019
                                                                                                      where a station believes it will need to              9 ......................................         02/03/2020
                                              requests to determine whether grant                     temporarily go silent because it will be              10 ....................................          04/06/2020
                                              would delay or disrupt the post-auction                 unable to commence operation on its
                                              transition schedule. We will not grant                  post-auction channel by its phase                       A Construction Permit Extension
                                              an STA that would authorize a station                   completion date, the station should                   application must include an exhibit
                                              to operate on its pre-auction channel                   notify its regional coordinator and send              demonstrating that, despite all
                                              beyond the end of the 39-month                          an email to IATransition@fcc.gov as                   reasonable efforts, the station is unable
                                              transition period. While we have                        soon as that fact is known. An up-to-                 to complete construction of its new
                                              provided several tools to provide relief                date list is available at: https://                   facility on time due to circumstances
                                              to stations that are unable to satisfy                  www.fcc.gov/about-fcc/fcc-initiatives/                that were either unforeseeable or
                                              certain transition deadlines, failure to                incentive-auctions/transition-schedule,               beyond its control. The following
                                              timely initiate a construction project or               select the ‘‘Regions’’ tab.                           circumstances might justify grant of an
                                              undertake necessary steps to meet                          11. Ceasing Pre-Auction Channel                    extension of a station’s construction
                                              transition deadlines, including due to a                Operation. In order to accommodate a                  deadline: (1) Weather related delays; (2)
                                              pending application, or the amount of                   smooth transition and prevent viewer                  delays in construction due to the
                                              any reimbursement allocation, will not                  confusion, repacked stations are                      unavailability of equipment or a tower
                                              be weighed favorably as a factor in                     expected to cease operation on their pre-             crew; (3) tower lease disputes; (4)
                                              considering such grants of relief. See                  auction channel upon whichever of the                 unusual technical challenges; or (5)
                                              Incentive Auction Task Force and                        following occurs first: (1) The filing of             delays caused by the need to obtain
                                              Media Bureau Announce the Initial                       a license to cover; (2) the                           government approvals, such as land use
                                              Reimbursement Allocation for Eligible                   commencement of operation on the                      or zoning approvals, or to observe
                                              Broadcasters and MVPDs, Public                          station’s post-auction channel pursuant               competitive bidding requirements prior
                                              Notice, 32 FCC Rcd 7556, 7559–60                        to a grant of STA to operate at variance              to purchasing equipment or services. In
                                              (IATF/MB 2017); Incentive Auction                       from its authorized post-auction                      limited circumstances and with
                                              Task Force and Media Bureau                             parameters; (3) the date a station has                appropriate supporting documentation,
                                              Announce a Further Reimbursement                        informed viewers it will be ceasing pre-              stations may rely on ‘‘financial
                                              Allocation for Eligible Broadcasters and                auction operations or commencing post-                hardship’’ as a criterion for seeking an
                                              MVPDs, Public Notice, DA 18–372, 5                      auction operations; or (4) no later than              extension of time. Such circumstances
                                              (rel. Apr. 16, 2018). All STAs for                      11:59 p.m. local time on the station’s                may, for example, include a situation in
                                              temporary facilities granted in                         assigned phase completion date. As                    which a station is subject to an active
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                                              connection with the post-auction                        discussed in greater detail below, a                  bankruptcy or receivership proceeding.
                                              transition will be for a maximum of 180                 station that cannot complete                          47 CFR 73.3700(b)(5)(ii) and (iii).
                                              days. We recommend that repacked                        construction of its post-auction facility               13. Grant of a Construction Permit
                                              stations, if possible, file such STA                    by the construction permit expiration                 Extension does not modify the
                                              requests at least 30 days prior to the                  date (i.e. the station’s phase completion             requirement that the station cease
                                              date they plan to commence STA                          date), may seek a single extension of the             operation on its pre-auction channel by
                                              operations. In addition, the Bureau may                 construction permit expiration date of                11:59 p.m. (local time) on its phase


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                                                                      Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices                                            47339

                                              completion date. The Bureau has also                    testing period start date and phase                   channel, stations must place in their
                                              announced that, prior to grant, it will                 completion date for each phase, we took               online local public inspection file a
                                              evaluate all extension applications to                  into account time and resource                        certification of compliance with its
                                              determine whether grant will delay or                   estimates based on information                        viewer notification obligations. 47 CFR
                                              disrupt the post-auction transition                     collected through notice and comment,                 73.3700(c)(6). Stations should upload a
                                              schedule. Additional time beyond the                    to estimate how long it would take all                copy of this certification into the folder
                                              initial 180-day extension will be subject               the stations in each phase to obtain                  in their online local public inspection
                                              to the Commission’s stricter ‘‘tolling’’                access to limited resources and                       file entitled ‘‘Auction Transition
                                              rule. See 47 CFR 73.3700(b)(5)(i) and                   complete their transitions. We note that              Consumer Certification.’’ Instructions
                                              73.3598(b).                                             a vast majority of phase changes to date              for accessing and uploading documents
                                                 14. Request for Waiver and                           have involved stations receiving                      to a station’s online local public
                                              Modification of Assigned Transition                     authority to transition to their post-                inspection file can be found at: https://
                                              Phase. The Bureau has stated that it will               auction channel in the period prior to                publicfiles.fcc.gov/faq/.
                                              evaluate, on a case-by-case basis,                      Phase 1. These ‘‘early’’ transition cases                16. Stations must also provide notice
                                              requests for waiver and modification of                 in particular presented facts and                     to Multichannel Video Programming
                                              a station’s transition phase under the                  circumstances that may no longer be                   Distributors (MVPDs) not less than 90
                                              Commission’s general waiver standard,                   applicable or have the same benefit after             days prior to the date on which the
                                                                                                      the testing period start date for Phase 1             station will begin operations on its post-
                                              47 CFR 1.3, and by assessing the impact
                                                                                                      commences on September 14, 2018.                      auction channel. The requirements of
                                              of the request on the transition
                                                                                                                                                            the written notice and where the notice
                                              schedule, including the impact on other                    15. Required Transition Notifications.
                                                                                                                                                            must be sent are provided in 47 CFR
                                              broadcasters and viewers. In order to                   Repacked stations are required to
                                                                                                                                                            73.3700(d). If a station’s anticipated
                                              facilitate a timely and orderly transition,             provide notices to viewers and certain
                                                                                                                                                            transition date changes, the licensee
                                              the Bureau determined that it will view                 third-party entities prior to transitioning
                                                                                                                                                            must send a further notice to the
                                              favorably requests that are compliant                   to their post-auction channel. Precisely
                                                                                                                                                            affected MVPD informing them of the
                                              with the Commission’s rules and have                    when these notifications are made will
                                                                                                                                                            new anticipated date. 47 CFR
                                              little or no impact on the transition                   be unique to each station’s individual
                                                                                                                                                            73.3700(d)(5)(v). We strongly encourage
                                              schedule. We will evaluate factors such                 transition plans. With regard to viewer
                                                                                                                                                            stations also to reach out to their regular
                                              as the impact on viewers, the impact on                 notifications, at least 30 days prior to              contacts with local MVPDs in addition
                                              other repacked stations’ access to                      ceasing operation on a station’s pre-                 to the points of contact identified in the
                                              resources, how modification to the                      auction channel all stations must air at              rule in order to ensure a smooth
                                              transition schedule may disrupt                         least 60-seconds per day of on-air                    transition.
                                              deployment of new 600 MHz broadband                     consumer education public service                        17. Notifications must also be
                                              services, and if the phase change would                 announcements (PSAs) or crawls, see 47                provided based on individual
                                              inhibit broadcasters’ ability to complete               CFR 73.3700(c)(3). If a station’s                     conditions placed on stations
                                              the transition within the 39-month post-                anticipated transition date changes,                  construction permits. Some of these
                                              auction transition period. Requests that                licensees are expected to promptly                    notifications include providing notice to
                                              the staff determine would be likely to                  provide updated notifications to viewers              health care facilities, 47 CFR
                                              delay or disrupt the transition schedule                reflecting the date change. To the extent             15.242(a)(1), such as hospitals and
                                              will be viewed unfavorably. See                         a station is not able to comply with its              nursing homes, and AM radio stations.
                                              Incentive Auction Task Force and                        consumer education requirements, it                   Stations should review their
                                              Media Bureau Adopt Post-Incentive                       must file a request for waiver of 47 CFR              construction permit for such conditions
                                              Auction Transition Scheduling Plan,                     73.3700(c) as a Legal STA in LMS. All                 and make arrangements now to ensure
                                              Public Notice, 32 FCC Rcd 890, 912–14,                  waiver requests will be evaluated on a                that they are met prior to the filing of
                                              paras. 49–52 (MB 2017). During the 10-                  case-by-case basis in accordance with                 a license to cover.
                                              phase transition period, the testing                    the Commission waiver standard, 47                       18. Post-Auction Transition Progress
                                              period start dates and phase completion                 CFR 1.3, and must include the following               Reports. Repacked stations are required
                                              dates occur in quick succession,                        information: (1) An explanation                       to file Post-Auction Transition Progress
                                              especially as the transition progresses.                describing why the station is unable to               Reports using FCC Form 2100, Schedule
                                              Therefore, we must undertake a detailed                 comply with the existing consumer                     387, electronically in LMS at various
                                              review of each request based on the                     education requirements; (2) an                        times during the transition process. See
                                              unique facts and circumstances                          alternative but comparable means the                  47 CFR 73.3700(e)(5). Transition
                                              presented in order to determine whether                 station will use to notify viewers of the             Progress Report obligations were
                                              the benefits of a phase change outweigh                 station’s new channel; and (3) why grant              established for both reimbursable
                                              the burdens and is in the public interest.              of the waiver request complies with the               repacked stations and non-reimbursable
                                              In particular, we must do all that is                   Commission’s general waiver standard.                 repacked stations (i.e., band changers).
                                              possible to ensure limited resources (for               A station may propose to provide                      Reports much be filed quarterly
                                              instance structural engineers, tower                    alternative notification to viewers                   (Quarterly Report) no later than January
                                              crews, and equipment manufacturers,                     through, for example, local newspaper,                10, April 10, July 10, and October 10.
                                              among others) are available to repacked                 radio, other in-market television                     Each report reflects information for the
                                              stations and must be mindful of the                     stations, and/or digital and social                   preceding quarter: January 10 for the
                                              additional burdens on viewers that                      media. Depending on the proposal, the                 fourth quarter of the previous year
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                                              some phase changes impose when the                      Bureau may require a combination of                   (October-December), April 10 for the
                                              change would increase the number of                     alternative notification efforts. The                 first quarter (January-March), July 10 for
                                              rescan periods in an area. That is why                  required substance of a station’s viewer              the second quarter (April-June), and
                                              we limited the number of rescan periods                 notifications are set forth in 47 CFR                 October 10 for the third quarter (July-
                                              per DMA to a maximum of two when                        73.3700(c)(4) and (5) of the Rules.                   September). Reports must also be filed
                                              we established the phased transition                    Within 30 days following completion of                (1) 10 weeks before the end of their
                                              schedule. Furthermore, when setting the                 a station’s transition to its post-auction            assigned construction deadline (10-


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                                              47340                             Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices

                                              Week Report); (2) 10 days after they                            testing period start date. If a station will          this Public Notice, including but not
                                              complete all work related to                                    be commencing operation on its post-                  limited to requests for an engineering
                                              construction of their post-auction                              auction channel under an STA, it must                 STA, STA for silent authority, and a
                                              facilities (Construction Completion                             wait to file its Construction Completion              request for Construction Permit
                                              Report); and (3) five days after they                           Report until after it has filed its Pre-              Extension, must be individually filed by
                                              cease broadcasting on their pre-auction                         Auction Termination Report and                        both the host station and any sharee
                                              channel (Pre-Auction Termination                                completed construction of the post-                   station.
                                              Report). See The Incentive Auction Task                         auction facility authorized in its
                                              Force and Media Bureau Release                                  construction permit. Each category of                    20. Informal Request for Transition
                                              Transition Progress Report Form and                             Transition Progress Report are                        Dates and Outreach Information. In
                                              Filing Requirements for Stations Eligible                       individual reports that must be filed                 order to assist the Commission with
                                              for Reimbursement from the TV                                   separately. A station must continue to                answering viewer inquiries and
                                              Broadcast Relocation Fund and Seek                              file Quarterly Reports until it has filed             evaluating ways to further support
                                              Comment on the Filing of the Report by                          its 10-Week Report, Pre-Auction                       repacked stations’ transition efforts, we
                                              Non-Reimbursable Stations, Public                               Termination Report, and Construction                  informally request that a repacked
                                              Notice, 32 FCC Rcd 256 (MB 2017); The                           Completion Report.                                    station notify us via email at
                                              Incentive Auction Task Force and                                   19. Channel Sharing Repacked                       IAtransition@fcc.gov once it knows the
                                              Media Bureau Adopt Filing                                       Station. In the event that a channel                  specific date that it intends to cease
                                              Requirements For the Transition                                 sharee station (sharee station) is channel            operations on its pre-auction channel
                                              Progress Report Form By Stations that                           sharing with another station (host                    and commence operations on its post-
                                              are Not Eligible for Reimbursement from                         station) that is repacked, the sharee                 auction channel. We would also
                                              the TV Broadcast Relocation Fund,                               station must comply with all                          welcome additional information
                                              Public Notice, 32 FCC Rcd 4029 (MB                              notification requirements, including but              concerning places the Commission can
                                              2017). The 10-Week Report filing dates                          not limited to consumer and MVPD                      direct viewers to obtain information
                                              based on the current transition schedule                        notice requirements as discussed above.               about a repacked station’s transition
                                              is as follows:                                                  In addition, not less than 60 days prior              plans, such as a viewer email inquiry
                                                                                                              to the host station’s phase construction              box, website, or hotline. While this is
                                                                                         10-week report       deadline, the host station must file a
                                                             Phase                        filing deadline                                                           not an official information collection
                                                                                                              minor change application to its current               and you are not required to provide us
                                              1 ......................................         09/21/2018     channel sharing license for a                         with this information, voluntarily doing
                                              2 ......................................         02/01/2019     construction permit (FCC Form 2100                    so will help the Commission support
                                              3 ......................................         04/12/2019     –Schedule A (full power) and Schedule                 repacked stations transition efforts and
                                              4 ......................................         05/24/2019     E (Class A)) specifying the host station’s
                                              5 ......................................         06/28/2019                                                           help facilitate a smooth transition
                                                                                                              post-auction channel and parameters                   process for viewers.
                                              6 ......................................         08/09/2019
                                              7 ......................................         11/08/2019
                                                                                                              previously authorized in its post-
                                                                                                              auction construction permit. Such                        21. Contacts. Additional questions
                                              8 ......................................         01/03/2020
                                                                                                              applications will be considered minor                 concerning the post-incentive auction
                                              9 ......................................         02/21/2020
                                              10 ....................................          04/24/2020     changes and will be subject to filing                 transition or this Public Notice may be
                                                                                                              fees. Please note, these filing                       referred to the contact persons listed in
                                                 The timing of the Construction                               instructions differ from those previously             the Public Notice.
                                              Completion Report and Pre-Auction                               provided. Failure to follow the                          22. Filings. All applications and
                                              Termination Report will be based on                             instructions set forth in this Public                 reports referenced in this Public Notice
                                              each station’s unique situation and                             Notice could result in application                    must be filed in LMS, including but not
                                              transition timing. The Construction                             processing delays and the need to file                limited to Transition Progress Reports,
                                              Completion Report should only be filed                          additional applications. So long as the               Applications for License to Cover, STAs
                                              when the post-auction facility                                  sharee station is licensed to operate on              (technical and legal), and Construction
                                              authorized in a station’s construction                          the same channel as the host station and              Permit Extensions. LMS filing
                                              permit has been completed and the                               a minor change application has been
                                                                                                                                                                    instructions are provided in Appendix
                                              station could file an application for                           filed by the host station, LMS is
                                                                                                                                                                    A of the Public Notice. Stations are also
                                              license to cover if it were permitted to                        designed so that a license application
                                              commence program test authority on its                                                                                asked to send an electronic copy of
                                                                                                              for a post-auction channel filed by the
                                              post-auction channel. The filing of a                           host station will be filed on behalf of all           certain transition-related filings, as
                                              station’s Construction Completion                               licensed sharee stations. LMS requires                indicated in Appendix A, via email to:
                                              Report does not necessarily require the                         that the filer certify that all channel               IATransitionlicensing@fcc.gov.
                                              filing of a license to cover. Such filing                       sharing stations consent to the filing of                23. Additional Resources. Repacked
                                              is only required once the station                               the application. Because sharee stations              stations and other interested parties may
                                              commences program test authority,                               will be operating from the same post-                 want to visit the Commission’s
                                              which the station is only able to do on                         auction facility as the repacked host                 broadcast transition website and/or
                                              or after its testing period start date,                         station, sharee stations are not required             review the following additional
                                              subject to any required coordination if                         to file Transition Progress Reports.                  resources listed in the Public Notice and
                                              the station is in a linked-station set. A                       Furthermore, only the host station needs              available on the Commission’s EDOCS
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                                              station may file its Construction                               to file a request for waiver and                      database (https://www.fcc.gov/edocs) for
                                              Completion Report in advance of its                             modification of assigned phase change                 guidance concerning the post-incentive
                                              testing period start date assuming that                         so long as a signed letter of consent from            auction broadcast television transition.
                                              construction of its post-auction facility                       each licensee that is a party to the
                                              is complete, but making such a filing                           channel sharing arrangement is                           24. This action is taken by the Chief,
                                              does not permit a station to commence                           included with the request. All other                  Media Bureau, pursuant to authority
                                              post-auction operation prior to its                             applications and filings discussed in                 delegated by 47 CFR 0.61.


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                                                                       Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices                                         47341

                                              Federal Communications Commission.           (BHC Act), Regulation Y (12 CFR part                             DEPARTMENT OF DEFENSE
                                              Barbara Kreisman,                            225), and all other applicable statutes
                                              Chief, Video Division, Media Bureau.         and regulations to become a bank                                 GENERAL SERVICES
                                              [FR Doc. 2018–20305 Filed 9–18–18; 8:45 am]  holding company and/or to acquire the                            ADMINISTRATION
                                              BILLING CODE 6712–01–P                       assets or the ownership of, control of, or
                                                                                           the power to vote shares of a bank or                            NATIONAL AERONAUTICS AND
                                                                                           bank holding company and all of the                              SPACE ADMINISTRATION
                                              FEDERAL RESERVE SYSTEM                       banks and nonbanking companies                                   [OMB Control No. 9000–0076; Docket No.
                                                                                           owned by the bank holding company,                               2018–0003; Sequence No. 13]
                                              Change in Bank Control Notices;              including the companies listed below.
                                              Acquisitions of Shares of a Bank or                                                                           Submission for OMB Review;
                                                                                             The applications listed below, as well                         Novation/Change of Name
                                              Bank Holding Company
                                                                                           as other related filings required by the                         Requirements
                                                 The notificants listed below have         Board, are available for immediate
                                              applied under the Change in Bank             inspection at the Federal Reserve Bank                           AGENCY: Department of Defense (DOD),
                                              Control Act (12 U.S.C. 1817(j)) and          indicated. The applications will also be                         General Services Administration (GSA),
                                              § 225.41 of the Board’s Regulation Y (12 available for inspection at the offices of                           and National Aeronautics and Space
                                              CFR 225.41) to acquire shares of a bank      the Board of Governors. Interested                               Administration (NASA).
                                              or bank holding company. The factors         persons may express their views in                               ACTION: Notice of request for comments
                                              that are considered in acting on the         writing on the standards enumerated in                           regarding an extension to an existing
                                              notices are set forth in paragraph 7 of      the BHC Act (12 U.S.C. 1842(c)). If the                          OMB clearance.
                                              the Act (12 U.S.C. 1817(j)(7)).              proposal also involves the acquisition of
                                                 The notices are available for                                                                              SUMMARY:   Under the provisions of the
                                                                                           a nonbanking company, the review also
                                              immediate inspection at the Federal                                                                           Paperwork Reduction Act, the
                                              Reserve Bank indicated. The notices          includes whether the acquisition of the                          Regulatory Secretariat Division will be
                                              also will be available for inspection at     nonbanking company complies with the                             submitting to the Office of Management
                                              the offices of the Board of Governors.       standards in section 4 of the BHC Act                            and Budget (OMB) a request to review
                                              Interested persons may express their         (12 U.S.C. 1843). Unless otherwise                               and approve an extension of a
                                              views in writing to the Reserve Bank         noted, nonbanking activities will be                             previously approved information
                                              indicated for that notice or to the offices conducted throughout the United States.                           collection requirement concerning
                                              of the Board of Governors. Comments            Unless otherwise noted, comments                               Novation/Change of Name
                                              must be received not later than October      regarding each of these applications                             Requirements.
                                              5, 2018.                                     must be received at the Reserve Bank                             DATES:  Submit comments on or before
                                                 A. Federal Reserve Bank of Kansas         indicated or the offices of the Board of                         October 19, 2018.
                                              City (Dennis Denney, Assistant Vice          Governors not later than October 17,
                                              President) 1 Memorial Drive, Kansas                                                                           ADDRESSES: Submit comments regarding
                                                                                           2018.                                                            this burden estimate or any other aspect
                                              City, Missouri 64198–0001:
                                                 1. Max E. Nichols Trust and Max E.          A. Federal Reserve Bank of Chicago                             of this collection of information,
                                              Nichols, Great Bend, Kansas,                 (Colette A. Fried, Assistant Vice                                including suggestions for reducing this
                                              individually, and as Trustee of such         President) 230 South LaSalle Street,                             burden to: Office of Information and
                                              trust; the Max E. Nichols Legacy Trust       Chicago, Illinois 60690–1414:                                    Regulatory Affairs of OMB, Attention:
                                              and James Steven Clinkinbeard, Topeka,                                                                        Desk Officer for GSA, Room 10236,
                                                                                             1. TEB, MHC and TEB Bancorp, Inc.,
                                              Kansas as Trustee of such trust; EPC                                                                          NEOB, Washington, DC, 20503.
                                                                                           both of Wauwatosa, Wisconsin; to
                                              LLC, a Kansas limited liability company; become a mutual bank holding company                                 Additionally submit a copy to GSA by
                                              Joe Lynn Nichols, Paradise Valley,                                                                            any of the following methods:
                                                                                           and mid-tier stock bank holding                                     • Regulations.gov: http://
                                              Arizona; and Erin P. Nichols, Lakewood, company, respectively, by acquiring 100
                                              Colorado, (collectively, the Nichols                                                                          www.regulations.gov. Submit comments
                                                                                           percent of the voting shares of The                              via the Federal eRulemaking portal by
                                              Family Group); to retain voting shares of
                                                                                           Equitable Bank, S.S.B., Wauwatosa,                               searching the OMB control number.
                                              American State Bancshares, Inc.,
                                                                                           Wisconsin, in connection with the                                Select the link ‘‘Submit a Comment’’
                                              Wichita, Kansas and indirectly retain
                                                                                           conversion of The Equitable Bank, S.S.B                          that corresponds with ‘‘Information
                                              shares of American State Bank and
                                              Trust Company, Great Bend, Kansas.           from mutual to stock form.                                       Collection 9000–0076, Novation/Change
                                                                                             In connection with the proposal, TEB                           of Name Requirements’’. Follow the
                                                 Board of Governors of the Federal Reserve
                                                                                           Bancorp, Inc., Wauwatosa, Wisconsin,                             instructions provided at the ‘‘Submit a
                                              System, September 14, 2018.
                                                                                           has applied to engage de novo in                                 Comment’’ screen. Please include your
                                              Michele T. Fennell,
                                                                                           extending credit and servicing loans,                            name, company name (if any), and
                                              Assistant Secretary of the Board.                                                                             ‘‘Information Collection 9000–0076,
                                                                                           pursuant to section 225.28(b)(1) of
                                              [FR Doc. 2018–20387 Filed 9–18–18; 8:45 am]                                                                   Novation/Change of Name
                                                                                           Regulation Y.
                                              BILLING CODE 6210–01–P                                                                                        Requirements’’ on your attached
                                                                                                        Board of Governors of the Federal Reserve           document.
                                                                                                      System, September 14, 2018.                              • Mail: General Services
                                              FEDERAL RESERVE SYSTEM                                  Michele T. Fennell,                                   Administration, Regulatory Secretariat
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                                                                                                      Assistant Secretary of the Board.                     Division (MVCB), 1800 F Street NW,
                                              Formations of, Acquisitions by, and
                                                                                                      [FR Doc. 2018–20386 Filed 9–18–18; 8:45 am]           Washington, DC 20405. ATTN: Ms.
                                              Mergers of Bank Holding Companies
                                                                                                      BILLING CODE 6210–01–P
                                                                                                                                                            Mandell/IC 9000–0076, Novation/
                                                The companies listed in this notice                                                                         Change of Name Requirements.
                                              have applied to the Board for approval,                                                                          Instructions: Please submit comments
                                              pursuant to the Bank Holding Company                                                                          only and cite Information Collection
                                              Act of 1956 (12 U.S.C. 1841 et seq.)                                                                          9000–0076, Novation/Change of Name


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Document Created: 2018-09-19 02:55:51
Document Modified: 2018-09-19 02:55:51
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.
ContactEvan Morris, Media Bureau, (202) 418- 1656.
FR Citation83 FR 47336 

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