Implementation of the Commercial Spectrum Enhancement Act, 43322-43323 [05-14841]

Download as PDF 43322 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations oxadiazepine-7,9-dione, calculated as pinoxaden, in/on the following commodities: Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY– Environmental protection, A257, Washington, DC 20554. The Administrative practice and procedure, complete text of this decision may also Agricultural commodities, Pesticides Parts per be purchased from the Commission’s Commodity and pests, Reporting and recordkeeping million duplicating contractor, Best Copy and requirements. Printing, Inc., 445 12th Street, SW., Cattle, fat .................................. 0.04 Dated: July 18, 2005. Cattle, meat .............................. 0.04 Room CY–B402, Washington, DC 20054, James Jones, Cattle, meat byproducts ........... 0.04 telephone 1–800–378–3160 or https:// Milk ........................................... 0.02 www.BCPIWEB.com. The Declaratory Director, Office of Pesticide Programs. Ruling is also available on the FCC’s I Therefore, 40 CFR chapter I is (b) Section 18 emergency exemptions. Web site at https://hraunfoss.fcc.gov/ amended as follows: edocs_public/attachmatch/FCC–05– [Reserved] 123A1.doc or https://hraunfoss.fcc.gov/ (c) Tolerances with regional PART 180—[AMENDED] edocs_public/attachmatch/FCC–05– registrations. [Reserved] 123A1.pdf. The Commission will send a I 1. The authority citation for part 180 (d) Indirect or inadvertent residues. copy of this Declaratory Ruling in a continues to read as follows: [Reserved] report to be sent to Congress and the Authority: 21 U.S.C. 321(q), 346a and 371. [FR Doc. 05–14896 Filed 7–26–05; 8:45 am] Government Accountability Office I 2. Section 180.611 is added to read as BILLING CODE 6560–50–S pursuant to the Congressional Review follows: Act, see 5 U.S.C. 801(a)(1)(A). 1. CSEA establishes a mechanism to § 180.611 Pinoxaden; tolerances for FEDERAL COMMUNICATIONS use spectrum auction proceeds to residues. COMMISSION reimburse Federal agencies operating on (a) General. (1) Tolerances are ‘‘eligible frequencies’’ (the 216–220 established for the combined residues of 47 CFR Part 1 MHz, 1432–1435 MHz, 1710–1755 MHz, pinoxaden (8-(2,6-diethyl-4and 2385–2390 MHz bands, and certain methylphenyl)-1,2,4,5-tetrahydro-7-oxo- [WT Docket No. 05–211; FCC 05–123] other frequency bands) that may be 7H-pyrazolo[1,2-d][1,4,5] oxadiazepin-9Implementation of the Commercial reallocated from Federal to non-Federal yl 2,2-dimethylpropanoate), and its Spectrum Enhancement Act use, for the cost of relocating operations. metabolites 8-(2,6-diethyl-4-methylCSEA requires that the ‘‘total cash phenyl)-tetrahydro-pyrazolo[1,2AGENCY: Federal Communications proceeds’’ from any auction of eligible d][1,4,5]oxadiazepine-7,9-dione (M2), Commission. frequencies equal at least 110 percent of and free and conjugated forms of 8-(2,6- ACTION: Declaratory ruling. estimated relocation costs of eligible diethyl-4-hydroxymethyl-phenyl)Federal entities. CSEA prohibits the tetrahydro-pyrazolo[1,2-d][1,4,5] SUMMARY: In order to implement the Commission from concluding any oxadiazepine-7,9-dione (M4), and 4auction revenue requirement in auction of eligible frequencies that falls (7,9-dioxo-hexahydro-pyrazolo[1,2-d] Commercial Spectrum Enhancement short of this revenue requirement. CSEA [1,4,5]oxadiazepin-8-yl)-3,5-diethylAct (CSEA) for any auction of requires the Commission, if it is unable benzoic acid (M6), calculated as frequencies subject to CSEA, the to conclude an auction for this reason, pinoxaden, in/on the following Commission interprets the meaning of to cancel the auction, return any commodities: the term ‘‘total cash proceeds’’ as used deposits from participating bidders held in CSEA to mean winning bids net of in escrow, and absolve such bidders Parts per any applicable bidding credit discounts. from any obligation to bid in any Commodity million subsequent reauction of the spectrum. DATES: Effective August 26, 2005. 2. In order to implement CSEA’s Barley, bran .............................. 1.6 ADDRESSES: Federal Communications Barley, grain ............................. 0.9 revenue requirement, the Commission Commission, 445 Twelfth Street, SW., Barley, hay ................................ 1.5 must determine the meaning of the term Barley, straw ............................. 1.0 Washington, DC 20554. People with ‘‘total cash proceeds’’ as used in the Egg ........................................... 0.06 Disabilities: Contact the FCC to request statute. For the following reasons, the materials in accessible formats (Braille, Poultry, fat ................................ 0.06 Commission interprets ‘‘total cash Poultry, meat ............................ 0.06 large print, electronics files, audio proceeds’’ for purposes of CSEA to Poultry, meat byproducts .......... 0.06 format, etc.) by e-mail at mean winning bids net of any Wheat, bran .............................. 3.0 FCC504@fcc.gov or call the Consumer & applicable bidding credit discounts. Wheat, forage ........................... 3.5 Governmental Affairs Bureau at 202– Under the Commission’s competitive Wheat, grain ............................. 1.3 418–0531 (voice), 202–418–7365 (TTY). bidding rules, winning bids in an Wheat, hay ............................... 2.0 Wheat, straw ............................. 1.5 FOR FURTHER INFORMATION CONTACT: auction do not necessarily translate into Audrey Bashkin or Gary Michaels, amounts actually owed by bidders. The Auctions and Spectrum Access (2) For the combined residues of discrepancy between gross and net Division, Wireless Telecommunications winning bid amounts arises from the pinoxaden, 8-(2,6-diethyl-4methylphenyl)-1,2,4,5-tetrahydro-7-oxo- Bureau, (202) 418–0660. award of bidding credits—i.e., discounts 7H-pyrazolo[1,2-d][1,4,5] oxadiazepin-9- SUPPLEMENTARY INFORMATION: This is a on gross winning bids—to eligible yl 2,2-dimethylpropanoate), and its synopsis of the Commission’s designated entities, new entrants into metabolites M2, 8-(2,6-diethyl-4-methyl- Declaratory Ruling in WT Docket No. the broadcast marketplace, and winning phenyl)-tetrahydro-pyrazolo[1,205–211 adopted June 9, 2005, and bidders that undertake to serve d][1,4,5]oxadiazepine-7,9-dione, and released June 14, 2005. The full text of previously underserved tribal lands. In free and conjugated forms of M4, 8-(2,6- this Commission decision is available this context, the plain language of the diethyl-4-hydroxymethyl-phenyl)for inspection and copying during statute appears to refer to an auction’s tetrahydro-pyrazolo[1,2-d][1,4,5] regular business hours at the FCC’s net winning bids rather than gross List of Subjects in 40 CFR Part 180 VerDate jul<14>2003 18:34 Jul 26, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations winning bids. The word ‘‘cash’’ is defined as ‘‘money or its equivalent;’’ or ‘‘ready money’’ and ‘‘proceeds’’ is defined as ‘‘the money obtained from a commercial or fund-raising venture: yield.’’ 3. In addition to the language of the statute, the purpose underlying the revenue requirement of CSEA supports a determination that ‘‘total cash proceeds’’ is based on winning bids net of bidding credits. Given that Congress’s purpose was to provide a mechanism for making sufficient funds available to relocating Federal agencies, it is reasonable to assume that Congress did not intend the Commission, in determining whether the ‘‘total cash proceeds’’ requirement has been met, to count those portions of winning bids for which the bidder would receive credit and not have to pay. Accordingly, the Commission does not read CSEA to equate the amount of the gross winning bids with the total cash proceeds of the auction. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–14841 Filed 7–26–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 9 [WC Docket No. 04–36; FCC 05–116] E911 Requirements for IP-Enabled Services Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: SUMMARY: This document announces that the information collection requirements adopted in the IP-Enabled Services First Report and Order (Order) were approved in OMB No. 3060–1085 and will become effective on July 29, 2005, in 47 CFR 9.5. DATES: The rule in 47 CFR 9.5, published at 70 FR 37273, June 29, 2005 is effective July 29, 2005. Compliance Date: Compliance with the customer notification requirements in § 9.5(e) is required by July 29, 2005. The compliance letter required by § 9.5(f) must be submitted to the Commission no later than November 28, 2005. Compliance with the requirements in § 9.5(b) through (d) is not required until November 28, 2005. FOR FURTHER INFORMATION CONTACT: Christi Shewman, Attorney-Advisor, VerDate jul<14>2003 18:34 Jul 26, 2005 Jkt 205001 Competition Policy Division, Wireline Competition Bureau, at (202) 418–1686. For additional information concerning the Paperwork Reduction Act information collection requirements, contact Judith B. Herman at (202) 418– 0214, or via the Internet at JudithB.Herman@fcc.gov. SUPPLEMENTARY INFORMATION: A summary of the IP-Enabled Services First Report and Order was published in the Federal Register on June 29, 2005, 70 FR 37273. The IP-Enabled Services First Report and Order adopted rules requiring providers of interconnected voice over Internet Protocol (VoIP) service—meaning VoIP service that allows a user generally to receive calls originating from and to terminate calls to the public switched telephone network—to supply enhanced 911 capabilities to all of their customers as a standard feature of the service, rather than as an optional enhancement. The summary stated that with the exception of rules requiring Office of Management and Budget (OMB) approval, the rules adopted in the IP-Enabled Services First Report and Order would become effective July 29, 2005. With regard to rules requiring OMB approval, the Commission stated that it would publish a document in the Federal Register announcing the effective date of these rules. The information collection requirements in § 9.5 have been approved by OMB. In a separate document published in this issue, the Commission has announced that OMB has approved the information collection requirements adopted in the IP-Enabled Services First Report and Order. With publication of the instant document in the Federal Register, all rules adopted in the IP-Enabled Services First Report and Order are effective July 29, 2005. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–14842 Filed 7–26–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 20 [WT Docket No. 01–309; FCC 05–122] Hearing Aid-Compatible Telephones Federal Communications Commission. ACTION: Final rule. AGENCY: SUMMARY: In this document the Commission grants in part and denies in part petitions for reconsideration of the PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 43323 Hearing Aid Compatibility Order, which lifted the blanket exemption for digital wireless telephones under the Hearing Aid Compatibility Act of 1988 (HAC Act). The Commission’s actions, as reflected in this document, further ensure that every American has access to the benefits of digital wireless telecommunications, including individuals with hearing disabilities. DATES: Effective August 26, 2005. FOR FURTHER INFORMATION CONTACT: Andra Cunningham, Andra.Cunningham@fcc.gov, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, (202) 418–1630 or TTY (202) 418–7233. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission’s Order on Reconsideration FCC 05–122, adopted on June 9, 2005 and released on June 21, 2005. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Information Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). 1. On August 14, 2003, the Commission released the Hearing Aid Compatibility Order, finding, among other things, that the statutory criteria to lift the exemption for wireless telephones had been met. Specifically, the Commission determined that continuation of Congress’ exemption for wireless telephones would have an adverse effect on individuals with hearing disabilities, and that revoking the exemption was technologically feasible and in the public interest. The Commission further determined that compliance with hearing aid compatibility requirements ‘‘would not increase the costs of [wireless] phones to such an extent that they could not be successfully marketed.’’ 2. Based upon these findings, the Commission established requirements for hearing aid compatibility of digital wireless phones. First, the Commission adopted the ANSI C63.19 performance levels as the applicable technical standard. Second, the Commission established specific, phased-in E:\FR\FM\27JYR1.SGM 27JYR1

Agencies

[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43322-43323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14841]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 05-211; FCC 05-123]


Implementation of the Commercial Spectrum Enhancement Act

AGENCY: Federal Communications Commission.

ACTION: Declaratory ruling.

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SUMMARY: In order to implement the auction revenue requirement in 
Commercial Spectrum Enhancement Act (CSEA) for any auction of 
frequencies subject to CSEA, the Commission interprets the meaning of 
the term ``total cash proceeds'' as used in CSEA to mean winning bids 
net of any applicable bidding credit discounts.

DATES: Effective August 26, 2005.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. People with Disabilities: Contact the FCC to 
request materials in accessible formats (Braille, large print, 
electronics files, audio format, etc.) by e-mail at FCC504@fcc.gov or 
call the Consumer & Governmental Affairs Bureau at 202-418-0531 
(voice), 202-418-7365 (TTY).

FOR FURTHER INFORMATION CONTACT: Audrey Bashkin or Gary Michaels, 
Auctions and Spectrum Access Division, Wireless Telecommunications 
Bureau, (202) 418-0660.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Declaratory Ruling in WT Docket No. 05-211 adopted June 9, 2005, and 
released June 14, 2005. The full text of this Commission decision is 
available for inspection and copying during regular business hours at 
the FCC's Reference Information Center, Portals II, 445 Twelfth Street, 
SW., Room CY-A257, Washington, DC 20554. The complete text of this 
decision may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20054, telephone 1-800-378-3160 or https://
www.BCPIWEB.com. The Declaratory Ruling is also available on the FCC's 
Web site at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-
123A1.doc or https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-
123A1.pdf. The Commission will send a copy of this Declaratory Ruling 
in a report to be sent to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).
    1. CSEA establishes a mechanism to use spectrum auction proceeds to 
reimburse Federal agencies operating on ``eligible frequencies'' (the 
216-220 MHz, 1432-1435 MHz, 1710-1755 MHz, and 2385-2390 MHz bands, and 
certain other frequency bands) that may be reallocated from Federal to 
non-Federal use, for the cost of relocating operations. CSEA requires 
that the ``total cash proceeds'' from any auction of eligible 
frequencies equal at least 110 percent of estimated relocation costs of 
eligible Federal entities. CSEA prohibits the Commission from 
concluding any auction of eligible frequencies that falls short of this 
revenue requirement. CSEA requires the Commission, if it is unable to 
conclude an auction for this reason, to cancel the auction, return any 
deposits from participating bidders held in escrow, and absolve such 
bidders from any obligation to bid in any subsequent reauction of the 
spectrum.
    2. In order to implement CSEA's revenue requirement, the Commission 
must determine the meaning of the term ``total cash proceeds'' as used 
in the statute. For the following reasons, the Commission interprets 
``total cash proceeds'' for purposes of CSEA to mean winning bids net 
of any applicable bidding credit discounts. Under the Commission's 
competitive bidding rules, winning bids in an auction do not 
necessarily translate into amounts actually owed by bidders. The 
discrepancy between gross and net winning bid amounts arises from the 
award of bidding credits--i.e., discounts on gross winning bids--to 
eligible designated entities, new entrants into the broadcast 
marketplace, and winning bidders that undertake to serve previously 
underserved tribal lands. In this context, the plain language of the 
statute appears to refer to an auction's net winning bids rather than 
gross

[[Page 43323]]

winning bids. The word ``cash'' is defined as ``money or its 
equivalent;'' or ``ready money'' and ``proceeds'' is defined as ``the 
money obtained from a commercial or fund-raising venture: yield.''
    3. In addition to the language of the statute, the purpose 
underlying the revenue requirement of CSEA supports a determination 
that ``total cash proceeds'' is based on winning bids net of bidding 
credits. Given that Congress's purpose was to provide a mechanism for 
making sufficient funds available to relocating Federal agencies, it is 
reasonable to assume that Congress did not intend the Commission, in 
determining whether the ``total cash proceeds'' requirement has been 
met, to count those portions of winning bids for which the bidder would 
receive credit and not have to pay. Accordingly, the Commission does 
not read CSEA to equate the amount of the gross winning bids with the 
total cash proceeds of the auction.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-14841 Filed 7-26-05; 8:45 am]
BILLING CODE 6712-01-P
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