83 FR 58249 - Incentive Auction Task Force and Media Bureau Announce Settlement Opportunity for Mutually Exclusive Displacement Applications Filed During the Special Displacement Window
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 223 (November 19, 2018)
Federal Register Volume 83, Issue 223 (November 19, 2018)
| Page Range | 58249-58250 | |
| FR Document | 2018-25109 |
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)] [Notices] [Pages 58249-58250] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25109] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [DA 18-1108] Incentive Auction Task Force and Media Bureau Announce Settlement Opportunity for Mutually Exclusive Displacement Applications Filed During the Special Displacement Window AGENCY: Federal Communications Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission's Incentive Auction Task Force and Media Bureau announce that certain displacement applications filed during the Special Displacement Window by low power television, TV translator, and analog-to-digital replacement translator stations that were displaced by the incentive auction and repacking process were deemed to be mutually exclusive. The document provides a list of mutually exclusive applications and announces a settlement period opening October 30, 2018 and closing January 10, 2019 at 11:59 p.m. ET. DATES: The settlement period will open October 30, 2018 and close on January 10, 2019 at 11:59 p.m. ET. FOR FURTHER INFORMATION CONTACT: Shaun Maher, Video Division, Media Bureau, Federal Communications Commission, [email protected], (202) 418-2324, or Hossein Hashemzadeh (technical), [email protected], (202) 418-1658. SUPPLEMENTARY INFORMATION: On February 9, 2018, the Incentive Auction Task Force and the Media Bureau announced a displacement application filing window for low power television (LPTV), TV translator, and analog-to- [[Page 58250]] digital replacement translator (DRT) stations (referred to collectively as ``LPTV/translator stations'') that were displaced by the incentive auction and repacking process (Special Displacement Window). The filing window was open from April 10, 2018, through June 1, 2018. The Commission received over 2,100 displacement applications during the Special Displacement Window. Appendix A of document DA 18-1108 lists all displacement applications received in the Special Displacement Window that are mutually exclusive with other applications. Parties with applications in the mutually exclusive groups listed in Appendix A may resolve their mutual exclusivity by unilateral engineering amendment, legal settlement, or engineering settlement during a settlement period beginning today, October 30, 2018, and ending at 11:59 p.m. ET, January 10, 2019. The applications listed in Appendix A are subject to the Commission's competitive bidding procedures unless their mutual exclusivity is resolved. The Media Bureau will withhold further action on the mutually exclusive proposals listed in Appendix A pending submission of settlement agreements or engineering amendments to resolve mutual exclusivity prior to the close of the settlement period. Thereafter, the Wireless Telecommunications and Media Bureaus will announce an auction date and propose auction procedures for the remaining mutually exclusive applications. Unilateral Engineering Amendments. Applicants may resolve their mutual exclusivity by filing an engineering amendment to their application. An amendment that does not implicate the application of another station may be filed by the station during the settlement period without coordination with any other entity. All such amendments must be submitted by filing an amended FCC Form 2100--Schedule C in the Media Bureau's Licensing and Management System (LMS) by 11:59 p.m. ET on January 10, 2019. Engineering amendments submitted by applicants to unilaterally resolve their mutual exclusivity must be minor, as defined by the applicable rules, and must not create new mutual exclusivities or application conflicts. Legal Settlements. Applicants may also resolve their mutual exclusivity through a legal settlement that provides for the dismissal of one or more of the application(s) in their mutually exclusive group. Such agreements must be submitted for Commission approval. Parties submitting a legal settlement for approval must ensure that their agreements comply with the provisions of Section 311(c) of the Communications Act of 1934, as amended, and the pertinent requirements of Section 73.3525 of the Commission's rules, including, inter alia, the settlement reimbursement restrictions. Parties filing a request for approval of settlement agreement must include a copy of their agreement and: (1) A statement outlining the reasons why such agreement is in the public interest; (2) a statement that each party's application was not filed for the purpose of reaching or carrying out such agreement; (3) a certification that neither the dismissing applicant nor its principals has received any money or other consideration in excess of the legitimate and prudent expenses of the applicant; (4) a statement outlining the exact nature and amount of any consideration paid or promised; (5) an itemized accounting of the expenses for which it seeks reimbursement; and (6) the terms of any oral agreement relating to the dismissal or withdrawal of its application. Requests for approval of settlement agreement and the above- outlined documents required by Section 73.3525 must be submitted in the form of an amendment to each party's pending application in LMS by 11:59 p.m. ET on January 10, 2019. Engineering Settlements. Applicants may also enter into a settlement agreement to resolve their mutual exclusivity by means of an engineering solution. As with unilateral engineering amendments, engineering amendments submitted in conjunction with a settlement must be minor, as defined by the applicable rules, and must not create new mutual exclusivities or application conflicts. Such settlements may include proposing channel sharing as means to resolve their mutual exclusivity. Engineering settlement agreements must also be filed with the Commission for approval and must include the documentation required by Section 73.3525 outlined above. Requests for approval of engineering settlement agreements, accompanying documentation, and corresponding technical amendments must be submitted in the form of an amendment to each party's pending application in LMS by 11:59 p.m. ET on January 10, 2019. In the case of channel sharing settlements, the proposed sharee station shall file to modify its current license, specifying the technical parameters in the proposed host station's displacement application and request that its displacement application be dismissed upon grant of the channel sharing. In the case of legal and engineering settlements, the parties should endeavor, wherever possible, to resolve their mutual exclusivity through minor engineering amendments, as defined by the applicable rules. However, applicants that are unable to resolve their mutual exclusivity through a minor engineering amendment may, as part of their legal or engineering settlement, amend their application(s) to propose a new available channel. The new channel proposal may not create a new mutual exclusivity or conflict with any other application previously- filed in the Special Displacement Window. Federal Communications Commission. Barbara Kreisman, Chief, Video Division, Media Bureau. [FR Doc. 2018-25109 Filed 11-16-18; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices 58249
and air quality planning documents for FEDERAL COMMUNICATIONS notice; last minute requests will be
meeting other federal requirements. COMMISSION accepted but may not be possible to
Form Numbers: None. accommodate.
[GN Docket No. 17–83] Proposed Agenda: At this meeting,
Respondents/affected entities: Entities the BDAC will continue considering and
potentially affected by this action are Meeting of the Broadband Deployment
Advisory Committee will vote on the Model Code for States,
metropolitan planning organizations and it will hear a status report from the
(MPOs), state departments of AGENCY: Federal Communications Disaster Response and Recovery
transportation, local transit agencies, Commission. Working Group. This agenda may be
and state and local air quality agencies. ACTION: Notice. 17–83. modified at the discretion of the BDAC
Federal agencies potentially affected by Chair and the Designated Federal
this action include FHWA, FTA, and SUMMARY: In this document, the FCC Officer (DFO).
EPA. announces and provides an agenda for
the next meeting of Broadband Federal Communications Commission.
Respondent’s obligation to respond: Deployment Advisory Committee Daniel Kahn,
Mandatory pursuant to Clean Air Act (BDAC). Chief, Competition Policy Division, Wireline
section 176(c) (42 U.S.C. 7506(c)) and 40 Competition Bureau.
DATES: Thursday, December 6, 2018 and
CFR parts 51 and 93. [FR Doc. 2018–25102 Filed 11–16–18; 8:45 am]
Friday, December 7, 2018. The meeting
Estimated number of respondents: BILLING CODE 6712–01–P
will come to order at 9:00 a.m. each day.
EPA estimates that 109 MPOs will be ADDRESSES: Federal Communications
subject to transportation conformity Commission, 445 12th Street SW, Room FEDERAL COMMUNICATIONS
requirements during the period covered TW–C305, Washington, DC 20554. COMMISSION
by this ICR and that EPA Regional FOR FURTHER INFORMATION CONTACT: Paul
Offices, the FHWA, and FTA will be [DA 18–1108]
D’Ari, Designated Federal Authority
involved in interagency consultation, (DFO) of the BDAC, at paul.dari@fcc.gov Incentive Auction Task Force and
and review of transportation-related or 202–418–1550; Jiaming Shang, Media Bureau Announce Settlement
conformity determinations performed Deputy DFO of the BDAC, at Opportunity for Mutually Exclusive
by MPOs during this process. EPA also jiaming.shang@fcc.gov or 202–418– Displacement Applications Filed
estimates that similar consultation will 1303; or Deborah Salons, Deputy DFO of During the Special Displacement
occur for projects in isolated rural areas. the BDAC, at deborah.salons@fcc.gov or Window
Frequency of response: The 202–418–0637. The TTY number is:
(202) 418–0484. AGENCY: Federal Communications
information collections described in this
SUPPLEMENTARY INFORMATION: This Commission.
ICR must be completed before a
meeting is open to members of the ACTION: Notice.
transportation plan, TIP, or project
conformity determination is made. The general public. The FCC will
accommodate as many participants as SUMMARY: In this document, the Federal
Clean Air Act requires conformity to be Communications Commission’s
possible; however, admittance will be
determined for transportation plans and Incentive Auction Task Force and
limited to seating availability. The FCC
TIPs every four years. Conformity Media Bureau announce that certain
will also provide audio and/or video
determinations on projects in coverage of the meeting over the displacement applications filed during
metropolitan and isolated rural areas are internet from the FCC’s web page at the Special Displacement Window by
required on an as-needed basis. www.fcc.gov/live. Oral statements at the low power television, TV translator, and
Total estimated burden: 35,344 hours meeting by parties or entities not analog-to-digital replacement translator
represented on the BDAC will be stations that were displaced by the
(per year). Burden is defined at 5 CFR
permitted to the extent time permits, at incentive auction and repacking process
1320.3(b).
the discretion of the BDAC Chair and were deemed to be mutually exclusive.
Total estimated cost: $2,247,525 (per The document provides a list of
year), includes zero annualized capital the DFO. Members of the public may
submit comments to the BDAC in the mutually exclusive applications and
or operation and maintenance costs. announces a settlement period opening
FCC’s Electronic Comment Filing
Changes in estimates: There is a System, ECFS, at www.fcc.gov/ecfs. October 30, 2018 and closing January
decrease of 15,214 hours in the total Comments to the BDAC should be filed 10, 2019 at 11:59 p.m. ET.
estimated respondent burden compared in Docket 17–83. DATES: The settlement period will open
with the ICR currently approved by Open captioning will be provided for October 30, 2018 and close on January
OMB. This decrease is due to less this event. Other reasonable 10, 2019 at 11:59 p.m. ET.
burden associated with decreased accommodations for people with FOR FURTHER INFORMATION CONTACT:
conformity analyses for PM10, CO, 1997 disabilities are available upon request. Shaun Maher, Video Division, Media
PM2.5, and NO2 NAAQS and a decrease Requests for such accommodations Bureau, Federal Communications
in burden over the previous ICR for should be submitted via email to Commission, Shaun.Maher@fcc.gov,
reduced emissions model transition and fcc504@fcc.gov or by calling the (202) 418–2324, or Hossein
training burden. Consumer & Governmental Affairs Hashemzadeh (technical),
Bureau at (202) 418–0530 (voice), (202) Hossein.Hashemzadeh@fcc.gov, (202)
khammond on DSK30JT082PROD with NOTICES
Dated: November 8, 2018. 418–1658.
418–0432 (TTY). Such requests should
Karl Simon, include a detailed description of the SUPPLEMENTARY INFORMATION: On
Director, Transportation and Climate accommodation needed. In addition, February 9, 2018, the Incentive Auction
Division, Office of Transportation and Air please include a way for the FCC to Task Force and the Media Bureau
Quality, Office of Air and Radiation. contact the requester if more announced a displacement application
[FR Doc. 2018–25188 Filed 11–16–18; 8:45 am] information is needed to fill the request. filing window for low power television
BILLING CODE 6560–50–P Please allow at least five days’ advance (LPTV), TV translator, and analog-to-
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![58250 Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Notices
digital replacement translator (DRT) agreements comply with the provisions In the case of legal and engineering
stations (referred to collectively as of Section 311(c) of the settlements, the parties should
‘‘LPTV/translator stations’’) that were Communications Act of 1934, as endeavor, wherever possible, to resolve
displaced by the incentive auction and amended, and the pertinent their mutual exclusivity through minor
repacking process (Special requirements of Section 73.3525 of the engineering amendments, as defined by
Displacement Window). The filing Commission’s rules, including, inter the applicable rules. However,
window was open from April 10, 2018, alia, the settlement reimbursement applicants that are unable to resolve
through June 1, 2018. The Commission restrictions. Parties filing a request for their mutual exclusivity through a
received over 2,100 displacement approval of settlement agreement must minor engineering amendment may, as
applications during the Special include a copy of their agreement and: part of their legal or engineering
Displacement Window. (1) A statement outlining the reasons settlement, amend their application(s) to
Appendix A of document DA 18–1108 why such agreement is in the public propose a new available channel. The
lists all displacement applications interest; (2) a statement that each party’s new channel proposal may not create a
received in the Special Displacement application was not filed for the new mutual exclusivity or conflict with
Window that are mutually exclusive purpose of reaching or carrying out such any other application previously-filed in
with other applications. Parties with agreement; (3) a certification that the Special Displacement Window.
applications in the mutually exclusive neither the dismissing applicant nor its
Federal Communications Commission.
groups listed in Appendix A may principals has received any money or
resolve their mutual exclusivity by Barbara Kreisman,
other consideration in excess of the
unilateral engineering amendment, legal legitimate and prudent expenses of the Chief, Video Division, Media Bureau.
settlement, or engineering settlement applicant; (4) a statement outlining the [FR Doc. 2018–25109 Filed 11–16–18; 8:45 am]
during a settlement period beginning exact nature and amount of any BILLING CODE 6712–01–P
today, October 30, 2018, and ending at consideration paid or promised; (5) an
11:59 p.m. ET, January 10, 2019. itemized accounting of the expenses for
The applications listed in Appendix which it seeks reimbursement; and (6) FEDERAL ELECTION COMMISSION
A are subject to the Commission’s the terms of any oral agreement relating
competitive bidding procedures unless to the dismissal or withdrawal of its Sunshine Act Meeting
their mutual exclusivity is resolved. The application.
Media Bureau will withhold further Requests for approval of settlement FEDERAL REGISTER CITATION NOTICE OF
action on the mutually exclusive agreement and the above-outlined PREVIOUS ANNOUNCEMENT: 83 FR 56844.
proposals listed in Appendix A pending documents required by Section 73.3525 PREVIOUSLY ANNOUNCED TIME AND DATE OF
submission of settlement agreements or must be submitted in the form of an THE MEETING: Wednesday, November 14,
engineering amendments to resolve amendment to each party’s pending 2018 at 10:00 a.m.
mutual exclusivity prior to the close of application in LMS by 11:59 p.m. ET on CHANGES IN THE MEETING:The meeting
the settlement period. Thereafter, the January 10, 2019. was continued on Thursday, November
Wireless Telecommunications and Engineering Settlements. Applicants 15, 2018.
Media Bureaus will announce an may also enter into a settlement * * * * *
auction date and propose auction agreement to resolve their mutual
CONTACT PERSON FOR MORE INFORMATION:
procedures for the remaining mutually exclusivity by means of an engineering
Judith Ingram, Press Officer, Telephone:
exclusive applications. solution. As with unilateral engineering
Unilateral Engineering Amendments. (202) 694–1220.
amendments, engineering amendments
Applicants may resolve their mutual submitted in conjunction with a Laura E. Sinram,
exclusivity by filing an engineering settlement must be minor, as defined by Deputy Secretary of the Commission.
amendment to their application. An the applicable rules, and must not create [FR Doc. 2018–25337 Filed 11–15–18; 4:15 pm]
amendment that does not implicate the new mutual exclusivities or application BILLING CODE 6715–01–P
application of another station may be conflicts. Such settlements may include
filed by the station during the proposing channel sharing as means to
settlement period without coordination resolve their mutual exclusivity.
with any other entity. All such FEDERAL RESERVE SYSTEM
Engineering settlement agreements must
amendments must be submitted by also be filed with the Commission for Formations of, Acquisitions by, and
filing an amended FCC Form 2100— approval and must include the Mergers of Bank Holding Companies
Schedule C in the Media Bureau’s documentation required by Section
Licensing and Management System 73.3525 outlined above. The companies listed in this notice
(LMS) by 11:59 p.m. ET on January 10, Requests for approval of engineering have applied to the Board for approval,
2019. Engineering amendments settlement agreements, accompanying pursuant to the Bank Holding Company
submitted by applicants to unilaterally documentation, and corresponding Act of 1956 (12 U.S.C. 1841 et seq.)
resolve their mutual exclusivity must be technical amendments must be (BHC Act), Regulation Y (12 CFR part
minor, as defined by the applicable submitted in the form of an amendment 225), and all other applicable statutes
rules, and must not create new mutual to each party’s pending application in and regulations to become a bank
exclusivities or application conflicts. LMS by 11:59 p.m. ET on January 10, holding company and/or to acquire the
Legal Settlements. Applicants may 2019. In the case of channel sharing assets or the ownership of, control of, or
also resolve their mutual exclusivity settlements, the proposed sharee station the power to vote shares of a bank or
khammond on DSK30JT082PROD with NOTICES
through a legal settlement that provides shall file to modify its current license, bank holding company and all of the
for the dismissal of one or more of the specifying the technical parameters in banks and nonbanking companies
application(s) in their mutually the proposed host station’s owned by the bank holding company,
exclusive group. Such agreements must displacement application and request including the companies listed below.
be submitted for Commission approval. that its displacement application be The applications listed below, as well
Parties submitting a legal settlement for dismissed upon grant of the channel as other related filings required by the
approval must ensure that their sharing. Board, are available for immediate
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Document Created: 2018-11-17 02:47:04
Document Modified: 2018-11-17 02:47:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The settlement period will open October 30, 2018 and close on January 10, 2019 at 11:59 p.m. ET. | |
| Contact | Shaun Maher, Video Division, Media Bureau, Federal Communications Commission, [email protected], (202) 418-2324, or Hossein Hashemzadeh (technical), [email protected], (202) 418-1658. | |
| FR Citation | 83 FR 58249 |
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