In the Matter of Procedural Amendments to Commission Part 1 Competitive Bidding Rules, 4701-4703 [2010-1878]
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
Introduction
1. The Commission makes two
procedural amendments to its
competitive bidding rules. First, the
[WT Docket No. 10–18; FCC 10–4]
Commission amends the rule specifying
how to report potential violations of 47
In the Matter of Procedural
CFR 1.2105(c), which prohibits certain
Amendments to Commission Part 1
communications between auction
Competitive Bidding Rules
applicants. The Commission provides
that such reports shall be made as
AGENCY: Federal Communications
directed by public notice or, absent such
Commission.
direction, solely to the Auctions and
ACTION: Final rule.
Spectrum Access Division (Division) of
SUMMARY: The Commission makes two
the Wireless Telecommunications
procedural amendments to its
Bureau (Bureau) by the most
competitive bidding rules. The
expeditious means available. Currently,
Commission amends the rule specifying such reports are made both to the
how to report potential violations of the Division and to the Office of the
prohibition on certain communications
Secretary of the Commission. This
in order to reduce the risk that biddingrevised procedure will reduce the risk
related information might be
that bidding-related information might
disseminated to auction applicants. The be disseminated to auction applicants,
Commission also amends the rules
which would be contrary to the purpose
specifying how quickly applicants must of 47 CFR 1.2105(c). The Commission
modify pending auction applications in also amends the heading of 47 CFR
order to enhance the usefulness of
1.2105(c).
application information during the
2. Second, the Commission amends
auction process and enable the
the rules specifying how quickly
Commission to respond promptly to
applicants must modify pending auction
changing circumstances if necessary.
applications. The Commission provides
DATES: Effective March 1, 2010.
that such modifications shall be made
within five business days after the
FOR FURTHER INFORMATION CONTACT:
reportable event occurs, or no more than
Wireless Telecommunications Bureau,
Auctions and Spectrum Access Division: five business days after the applicant
becomes aware of the need to make an
Sayuri Rajapakse at (202) 418–0660.
amendment or modification, whichever
SUPPLEMENTARY INFORMATION: This is a
is later. This revision will enhance the
summary of the Commission’s Part 1
Procedural Amendments Order adopted usefulness of application information
January 6, 2010, and released on January during the auction process and enable
the Commission to respond promptly to
7, 2010. The complete text of the Part
changing circumstances if necessary.
1—Procedural Amendments Order is
available for public inspection and
Reporting Potential Violations of
copying from 8 a.m. to 4:30 p.m. ET
Section 1.2105(c)
Monday through Thursday or from 8
3. Subject to specific exceptions, 47
a.m. to 11:30 a.m. ET on Fridays in the
CFR 1.2105(c) of the Commission’s rules
FCC Reference Information Center, 445
prohibits applicants from cooperating or
12th Street, SW., Room CY–A257,
collaborating with respect to, discussing
Washington, DC 20554. The Part 1—
with certain other applicants, or
Procedural Amendments Order may be
disclosing to such other applicants, the
purchased from the Commission’s
substance of any applicant’s bids or
duplicating contractor, Best Copy and
bidding strategies, or discussing or
Printing, Inc. (BCPI), 445 12th Street,
negotiating settlement agreements. The
SW., Room CY–B402, Washington, DC
rule’s prohibitions begin at the deadline
20554, telephone 202–488–5300, fax
202–488–5563, or you may contact BCPI for filing short-form applications to
participate in an auction and end at the
at its Web site: https://
post-auction down payment deadline.
www.BCPIWEB.com. When ordering
Applicants making or receiving
documents from BCPI, please provide
the appropriate FCC document number, prohibited communications must report
such communications in writing to the
for example, FCC 10–4. The Part 1—
Commission immediately. The current
Procedural Amendments Order is also
rule provides that such reports be filed
available on the Internet at the
with the Office of the Secretary, and that
Commission’s Web site:
a copy be sent to the Chief of the
https://wireless.fcc.gov/auctions, or by
using the search function for WT Docket Auctions and Spectrum Access
Division, Wireless Telecommunications
No. 10–18 on the ECFS Web page at
Bureau.
https://www.fcc.gov/cgb/ecfs/.
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47 CFR Part 1
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4701
4. The creation and filing of the
required reports unavoidably creates a
risk that information that the rule is
intended to restrict may be
disseminated inadvertently. The reports
required under the rule themselves may
constitute or contain information that
applicants are otherwise barred from
sharing. The Bureau has attempted to
address this concern by advising
applicants to request confidential
treatment when filing reports. The
Commission concludes that it can
further minimize the risk of inadvertent
dissemination by requiring parties to
file only a single report and to file that
report with Commission personnel
expressly charged with administering
the Commission’s auctions.
Accordingly, the Commission amends
47 CFR 1.2105(c)(6) of its rules to
provide that reports required by that
section shall be filed as directed in the
public notices that describe the
procedures for the bidding that was the
subject of the reported communication.
If no public notice provides direction,
such reports shall be filed with the
Chief of the Auctions and Spectrum
Access Division, Wireless
Telecommunications Bureau, by the
most expeditious means available. The
Commission delegates to the Bureau the
authority to specify how such reports
shall be made.
5. The current heading of 47 CFR
1.2105(c) of the Commission’s rules is
Prohibition of collusion. Given that
collusion is a term used in many
contexts, legal and economic, the
Commission recognizes that using it to
describe the prohibitions of this section
may cause confusion. Accordingly, the
Commission amends the heading of 47
CFR 1.2105(c) to read Prohibition of
certain communications. This
amendment makes no change to the
substance of the rule, or to its
interpretation or application.
Modifying Applications To Participate
in Commission Auctions
6. 47 CFR 1.65(a) of the rules
currently obligates an applicant to
maintain the accuracy and completeness
of information furnished in any
application pending before the
Commission and to notify the
Commission as promptly as possible
and in any event within 30 days of any
substantial change that may be of
decisional significance to that
application. Failure to comply exposes
an applicant to dismissal of its
application and, potentially,
enforcement action. 47 CFR 1.2105(b)
contains additional rules specifically
addressing the modification and
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29JAR1
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4702
Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Rules and Regulations
dismissal of short-form applications in
competitive bidding proceedings.
7. The Commission finds that, in the
context of competitive bidding for
Commission construction permits and
licenses, it is appropriate and
reasonable to require that applicants
furnish additional or corrected
information more quickly than within
30 days. Most, if not all, information in
auction applications is made available
to the public and all auction
participants during the auction. Auction
participants may depend on ownership
information in other participants’
applications when determining whether
contact with a third party regarding
potential financing is permissible under
47 CFR 1.2105(c). In addition, if a
change to an application could raise an
issue as to the applicant’s continued
eligibility to participate, the Bureau
needs the information as soon as
possible in order to consider whether to
take any action and minimize
disruption of the auction. Accordingly,
through its public notices, the practice
of the Bureau has been to require reports
or amendments to short-form
applications within a shorter interval
than 30 days. The Bureau also has long
required that any change that causes a
loss of or reduction in eligibility for a
bidding credit be reported immediately.
8. The Commission amends 47 CFR
1.65(a) and 1.2105(b) of its rules to
require applicants in competitive
bidding proceedings to furnish
additional or corrected information
within five days of a significant
occurrence, or to amend their short-form
applications no more than five days
after the applicant becomes aware of the
need for amendment. The Commission
believes this change will facilitate the
auction process, making the information
available promptly to all participants
and enabling the Bureau to act
expeditiously on those changes when
such action is necessary. Moreover, the
Commission emphasizes that applicants
can readily make and submit any
changes to their short-form applications
electronically using the FCC Auction
System.
9. The rule amendments adopted in
the Order involve rules of agency
organization, procedure, or practice.
The notice and comment and effective
date provisions of the Administrative
Procedure Act are therefore
inapplicable.
Paperwork Reduction Act
10. The Order contains a change to
previously approved information
collection requirements with respect to
47 CFR 1.2105(c). The change is neither
material nor substantive and,
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14:42 Jan 28, 2010
Jkt 220001
accordingly, is not subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. More specifically,
the rule amendments will modify the
provision specifying how parties make
reports required pursuant to 47 CFR
1.2105(c)(6) so that parties shall make
the reports as directed by public notice
or only to the Chief of the Auctions and
Spectrum Access Division, Wireless
Telecommunications Bureau, rather
than to the Chief and the Office of the
Secretary of the Commission, as
required prior to the modification.
Given that this change is neither
material nor substantive, this document
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, 44 U.S.C.
3506(c)(4).
Congressional Review Act
11. The Commission will not send a
copy of this Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A), because the
amended rules are rules of agency
organization, procedure or practice that
do not substantially affect the rights or
obligations of non-agency parties.
Ordering Clause
12. Accordingly, it is ordered, that
pursuant to sections 4(i), 4(j), 5(c),
303(r), 47 U.S.C. 154(i), 154(j), 155(c),
303(r) of the Communications Act of
1934, as amended, 47 CFR part 1 is
amended effective March 1, 2010.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Competitive bidding,
Telecommunications.
Federal Communications Commission.
Alethea Lewis,
Federal Register Liaison.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
■
PART 1—PRACTICE AND
PROCEDURE
1. The authority of part 1 continues to
read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(j), 160, 201, 225, and 303.
2. Section 1.65 is amended by revising
paragraph (a) to read as follows:
■
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§ 1.65 Substantial and significant changes
in information furnished by applicants to
the Commission.
(a) Each applicant is responsible for
the continuing accuracy and
completeness of information furnished
in a pending application or in
Commission proceedings involving a
pending application. Except as
otherwise required by rules applicable
to particular types of applications,
whenever the information furnished in
the pending application is no longer
substantially accurate and complete in
all significant respects, the applicant
shall as promptly as possible and in any
event within 30 days, unless good cause
is shown, amend or request the
amendment of the application so as to
furnish such additional or corrected
information as may be appropriate.
Except as otherwise required by rules
applicable to particular types of
applications, whenever there has been a
substantial change as to any other
matter which may be of decisional
significance in a Commission
proceeding involving the pending
application, the applicant shall as
promptly as possible and in any event
within 30 days, unless good cause is
shown, submit a statement furnishing
such additional or corrected information
as may be appropriate, which shall be
served upon parties of record in
accordance with § 1.47. Where the
matter is before any court for review,
statements and requests to amend shall
in addition be served upon the
Commission’s General Counsel. For the
purposes of this section, an application
is ‘‘pending’’ before the Commission
from the time it is accepted for filing by
the Commission until a Commission
grant or denial of the application is no
longer subject to reconsideration by the
Commission or to review by any court.
*
*
*
*
*
■ 3. Section 1.2105 is amended by
revising the section heading, adding
paragraph (b)(4), and by revising
paragraph (c)(6) to read as follows:
§ 1.2105 Prohibition of certain
communications.
*
*
*
*
*
(b) * * *
(4) Applicants shall have a continuing
obligation to make any amendments or
modifications that are necessary to
maintain the accuracy and completeness
of information furnished in pending
applications. Such amendments or
modifications shall be made as
promptly as possible, and in no case
more than five business days after
applicants become aware of the need to
make any amendment or modification,
or five business days after the reportable
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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Rules and Regulations
event occurs, whichever is later. An
applicant’s obligation to make such
amendments or modifications to a
pending application continues until
they are made.
(c) * * *
(6) Any applicant that makes or
receives a communication of bids or
bidding strategies prohibited under
paragraph (c)(1) of this section shall
report such communication in writing
to the Commission immediately, and in
no case later than five business days
after the communication occurs. An
applicant’s obligation to make such a
report continues until the report has
been made. Such reports shall be filed
as directed in public notices detailing
procedures for the bidding that was the
subject of the reported communication.
If no public notice provides direction,
such notices shall be filed with the
Chief of the Auctions and Spectrum
Access Division, Wireless
Telecommunications Bureau, by the
most expeditious means available.
*
*
*
*
*
[FR Doc. 2010–1878 Filed 1–28–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 213
[Docket No. FRA–2008–0036]
RIN 2130–AB90
Track Safety Standards; Continuous
Welded Rail (CWR)
AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; response to petition
for reconsideration.
This document responds to a
petition for reconsideration of FRA’s
final rule published on August 25, 2009,
which revised the Track Safety
Standards. FRA received one petition
questioning the definitions of
‘‘adjusting/de-stressing’’ and ‘‘bucklingprone condition’’ as they are used with
regard to continuous welded rail (CWR).
DATES: Effective Date: This final rule is
effective on March 30, 2010.
FOR FURTHER INFORMATION CONTACT:
Kenneth Rusk, Staff Director, Office of
Railroad Safety, FRA, 1200 New Jersey
Avenue, SE., Washington, DC 20590
(telephone: (202) 493–6236); or Sarah
Grimmer Yurasko, Trial Attorney, Office
of the Chief Counsel, FRA, 1200 New
Jersey Avenue, SE., Washington, DC
20950 (telephone: (202) 493–6390).
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SUMMARY:
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14:42 Jan 28, 2010
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SUPPLEMENTARY INFORMATION:
Background
Pursuant to (SAFETEA–LU), FRA
published a final rule revising the Track
Safety Standards on August 25, 2009 (74
FR 42988). FRA published a correcting
amendment on October 21, 2009, which
added compliance dates for railroads
that had been inadvertently omitted
from the final rule’s compliance
schedule. On September 25, 2009, FRA
received a petition for reconsideration
from the Association of American
Railroads (AAR). This publication
announces amendments to the final rule
in response to the concerns expressed
by the petitioner.
‘‘Buckling-Prone Condition’’ Definition
In the petition, AAR stated that the
definition of ‘‘buckling prone condition’’
included in the final rule at § 213.119(l)
was not proposed by FRA in the notice
of proposed rulemaking. As such, the
petitioner did not have an opportunity
until the review of the final rule to
address the definition. The final rule
provides that a ‘‘buckling-prone
condition’’ exists ‘‘when the actual rail
temperature is above the actual rail
neutral temperature. This varies given
the geographical composition of the
track.’’ Section 213.119(g)(2)(ii) requires
remedial action to be taken whenever a
buckling prone condition exists. AAR
argues that, literally interpreted, the
final rule requires remedial action
whenever the rail neutral temperature is
exceeded. AAR states that this is not
what FRA intended, as the neutral
temperature is supposed to be between
the maximum and minimum
temperatures the rail is subject to and
thus the neutral temperature will
commonly be exceeded. AAR suggested
that ‘‘buckling-prone condition’’ be
defined as follows:
Buckling-prone condition means when
track conditions may be insufficient to
restrain the track laterally at the rail
temperatures actually experienced at that
location.
FRA reviewed the definition of
‘‘buckling-prone condition’’ and
consulted with the Volpe Center to more
narrowly define what is intended by
this term. In the railroad industry, ‘‘track
buckling’’ refers to the sudden lateral
movement of the track due to thermallygenerated longitudinal rail forces. As
the temperature rises above the actual
rail neutral temperature, longitudinal
expansion in rail can occur once a
critical rail temperature is reached that
can cause lateral misalignment of the
track. Therefore, FRA concluded that
CWR cannot always be considered in a
‘‘buckling-prone condition’’ if the rail
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4703
temperature is only above the rail
neutral temperature, without reaching
the critical temperature that can cause
track misalignment. As a result, FRA
has determined that the definition in the
final rule could be misleading by stating
‘‘when the actual rail temperature is
above the actual rail neutral
temperature.’’
After consideration, FRA has
determined that ‘‘buckling-prone
condition’’ means a condition that can
result in the track being laterally
displaced due to high compressive
forces caused by critical rail
temperature combined with insufficient
track strength and/or train dynamics.
‘‘Adjusting/De-Stressing’’ Definition
The petition also noted an error in the
definition of ‘‘adjusting/de-stressing.’’
The final rule defines ‘‘adjusting/destressing’’ as a ‘‘procedure by which a
rail’s temperature is re-adjusted to the
desired value. It typically consists of
cutting the rail and removing rail
anchoring devices, which provides for
the necessary expansion and
contraction, and then re-assembling the
track.’’ AAR points out that it is not the
temperature of the rail that is adjusted,
but rather the rail neutral temperature
that is adjusted. AAR suggested that
FRA replace ‘‘a rail’s temperature’’ with
‘‘the rail neutral temperature’’ in the
definition for ‘‘adjusting/de-stressing’’ in
§ 213.119(l). FRA has also noted this
unintended omission in the definition
and is amending the first sentence of the
definition of ‘‘adjusting/de-stressing’’ to
mean ‘‘a procedure by which a rail’s
neutral temperature is re-adjusted to the
desired value.’’
Regulatory Impact and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This action has been evaluated in
accordance with existing policies and
procedures, and determined to be nonsignificant under both Executive Order
12866 and DOT policies and procedures
(44 FR 11034, Feb. 26, 1979). The
original final rule was determined to be
non-significant. Furthermore, the
amendments contained in this action
are not considered significant because
they generally clarify requirements
currently contained in the final rule or
allow for greater flexibility in complying
with the rule. These amendments,
additions, and clarifications will have a
minimal net effect on FRA’s original
analysis of the costs and benefits
associated with the final rule.
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Agencies
[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Rules and Regulations]
[Pages 4701-4703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1878]
[[Page 4701]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WT Docket No. 10-18; FCC 10-4]
In the Matter of Procedural Amendments to Commission Part 1
Competitive Bidding Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission makes two procedural amendments to its
competitive bidding rules. The Commission amends the rule specifying
how to report potential violations of the prohibition on certain
communications in order to reduce the risk that bidding-related
information might be disseminated to auction applicants. The Commission
also amends the rules specifying how quickly applicants must modify
pending auction applications in order to enhance the usefulness of
application information during the auction process and enable the
Commission to respond promptly to changing circumstances if necessary.
DATES: Effective March 1, 2010.
FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau,
Auctions and Spectrum Access Division: Sayuri Rajapakse at (202) 418-
0660.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Part 1
Procedural Amendments Order adopted January 6, 2010, and released on
January 7, 2010. The complete text of the Part 1--Procedural Amendments
Order is available for public inspection and copying from 8 a.m. to
4:30 p.m. ET Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on
Fridays in the FCC Reference Information Center, 445 12th Street, SW.,
Room CY-A257, Washington, DC 20554. The Part 1--Procedural Amendments
Order may be purchased from the Commission's duplicating contractor,
Best Copy and Printing, Inc. (BCPI), 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, telephone 202-488-5300, fax 202-488-5563,
or you may contact BCPI at its Web site: https://www.BCPIWEB.com. When
ordering documents from BCPI, please provide the appropriate FCC
document number, for example, FCC 10-4. The Part 1--Procedural
Amendments Order is also available on the Internet at the Commission's
Web site: https://wireless.fcc.gov/auctions, or by using the search
function for WT Docket No. 10-18 on the ECFS Web page at https://www.fcc.gov/cgb/ecfs/.
Introduction
1. The Commission makes two procedural amendments to its
competitive bidding rules. First, the Commission amends the rule
specifying how to report potential violations of 47 CFR 1.2105(c),
which prohibits certain communications between auction applicants. The
Commission provides that such reports shall be made as directed by
public notice or, absent such direction, solely to the Auctions and
Spectrum Access Division (Division) of the Wireless Telecommunications
Bureau (Bureau) by the most expeditious means available. Currently,
such reports are made both to the Division and to the Office of the
Secretary of the Commission. This revised procedure will reduce the
risk that bidding-related information might be disseminated to auction
applicants, which would be contrary to the purpose of 47 CFR 1.2105(c).
The Commission also amends the heading of 47 CFR 1.2105(c).
2. Second, the Commission amends the rules specifying how quickly
applicants must modify pending auction applications. The Commission
provides that such modifications shall be made within five business
days after the reportable event occurs, or no more than five business
days after the applicant becomes aware of the need to make an amendment
or modification, whichever is later. This revision will enhance the
usefulness of application information during the auction process and
enable the Commission to respond promptly to changing circumstances if
necessary.
Reporting Potential Violations of Section 1.2105(c)
3. Subject to specific exceptions, 47 CFR 1.2105(c) of the
Commission's rules prohibits applicants from cooperating or
collaborating with respect to, discussing with certain other
applicants, or disclosing to such other applicants, the substance of
any applicant's bids or bidding strategies, or discussing or
negotiating settlement agreements. The rule's prohibitions begin at the
deadline for filing short-form applications to participate in an
auction and end at the post-auction down payment deadline. Applicants
making or receiving prohibited communications must report such
communications in writing to the Commission immediately. The current
rule provides that such reports be filed with the Office of the
Secretary, and that a copy be sent to the Chief of the Auctions and
Spectrum Access Division, Wireless Telecommunications Bureau.
4. The creation and filing of the required reports unavoidably
creates a risk that information that the rule is intended to restrict
may be disseminated inadvertently. The reports required under the rule
themselves may constitute or contain information that applicants are
otherwise barred from sharing. The Bureau has attempted to address this
concern by advising applicants to request confidential treatment when
filing reports. The Commission concludes that it can further minimize
the risk of inadvertent dissemination by requiring parties to file only
a single report and to file that report with Commission personnel
expressly charged with administering the Commission's auctions.
Accordingly, the Commission amends 47 CFR 1.2105(c)(6) of its rules to
provide that reports required by that section shall be filed as
directed in the public notices that describe the procedures for the
bidding that was the subject of the reported communication. If no
public notice provides direction, such reports shall be filed with the
Chief of the Auctions and Spectrum Access Division, Wireless
Telecommunications Bureau, by the most expeditious means available. The
Commission delegates to the Bureau the authority to specify how such
reports shall be made.
5. The current heading of 47 CFR 1.2105(c) of the Commission's
rules is Prohibition of collusion. Given that collusion is a term used
in many contexts, legal and economic, the Commission recognizes that
using it to describe the prohibitions of this section may cause
confusion. Accordingly, the Commission amends the heading of 47 CFR
1.2105(c) to read Prohibition of certain communications. This amendment
makes no change to the substance of the rule, or to its interpretation
or application.
Modifying Applications To Participate in Commission Auctions
6. 47 CFR 1.65(a) of the rules currently obligates an applicant to
maintain the accuracy and completeness of information furnished in any
application pending before the Commission and to notify the Commission
as promptly as possible and in any event within 30 days of any
substantial change that may be of decisional significance to that
application. Failure to comply exposes an applicant to dismissal of its
application and, potentially, enforcement action. 47 CFR 1.2105(b)
contains additional rules specifically addressing the modification and
[[Page 4702]]
dismissal of short-form applications in competitive bidding
proceedings.
7. The Commission finds that, in the context of competitive bidding
for Commission construction permits and licenses, it is appropriate and
reasonable to require that applicants furnish additional or corrected
information more quickly than within 30 days. Most, if not all,
information in auction applications is made available to the public and
all auction participants during the auction. Auction participants may
depend on ownership information in other participants' applications
when determining whether contact with a third party regarding potential
financing is permissible under 47 CFR 1.2105(c). In addition, if a
change to an application could raise an issue as to the applicant's
continued eligibility to participate, the Bureau needs the information
as soon as possible in order to consider whether to take any action and
minimize disruption of the auction. Accordingly, through its public
notices, the practice of the Bureau has been to require reports or
amendments to short-form applications within a shorter interval than 30
days. The Bureau also has long required that any change that causes a
loss of or reduction in eligibility for a bidding credit be reported
immediately.
8. The Commission amends 47 CFR 1.65(a) and 1.2105(b) of its rules
to require applicants in competitive bidding proceedings to furnish
additional or corrected information within five days of a significant
occurrence, or to amend their short-form applications no more than five
days after the applicant becomes aware of the need for amendment. The
Commission believes this change will facilitate the auction process,
making the information available promptly to all participants and
enabling the Bureau to act expeditiously on those changes when such
action is necessary. Moreover, the Commission emphasizes that
applicants can readily make and submit any changes to their short-form
applications electronically using the FCC Auction System.
9. The rule amendments adopted in the Order involve rules of agency
organization, procedure, or practice. The notice and comment and
effective date provisions of the Administrative Procedure Act are
therefore inapplicable.
Paperwork Reduction Act
10. The Order contains a change to previously approved information
collection requirements with respect to 47 CFR 1.2105(c). The change is
neither material nor substantive and, accordingly, is not subject to
the Paperwork Reduction Act of 1995, Public Law 104-13. More
specifically, the rule amendments will modify the provision specifying
how parties make reports required pursuant to 47 CFR 1.2105(c)(6) so
that parties shall make the reports as directed by public notice or
only to the Chief of the Auctions and Spectrum Access Division,
Wireless Telecommunications Bureau, rather than to the Chief and the
Office of the Secretary of the Commission, as required prior to the
modification. Given that this change is neither material nor
substantive, this document does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, 44 U.S.C. 3506(c)(4).
Congressional Review Act
11. The Commission will not send a copy of this Order to Congress
and the Government Accountability Office pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A), because the amended rules are rules
of agency organization, procedure or practice that do not substantially
affect the rights or obligations of non-agency parties.
Ordering Clause
12. Accordingly, it is ordered, that pursuant to sections 4(i),
4(j), 5(c), 303(r), 47 U.S.C. 154(i), 154(j), 155(c), 303(r) of the
Communications Act of 1934, as amended, 47 CFR part 1 is amended
effective March 1, 2010.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Competitive bidding,
Telecommunications.
Federal Communications Commission.
Alethea Lewis,
Federal Register Liaison.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority of part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(j), 160,
201, 225, and 303.
0
2. Section 1.65 is amended by revising paragraph (a) to read as
follows:
Sec. 1.65 Substantial and significant changes in information
furnished by applicants to the Commission.
(a) Each applicant is responsible for the continuing accuracy and
completeness of information furnished in a pending application or in
Commission proceedings involving a pending application. Except as
otherwise required by rules applicable to particular types of
applications, whenever the information furnished in the pending
application is no longer substantially accurate and complete in all
significant respects, the applicant shall as promptly as possible and
in any event within 30 days, unless good cause is shown, amend or
request the amendment of the application so as to furnish such
additional or corrected information as may be appropriate. Except as
otherwise required by rules applicable to particular types of
applications, whenever there has been a substantial change as to any
other matter which may be of decisional significance in a Commission
proceeding involving the pending application, the applicant shall as
promptly as possible and in any event within 30 days, unless good cause
is shown, submit a statement furnishing such additional or corrected
information as may be appropriate, which shall be served upon parties
of record in accordance with Sec. 1.47. Where the matter is before any
court for review, statements and requests to amend shall in addition be
served upon the Commission's General Counsel. For the purposes of this
section, an application is ``pending'' before the Commission from the
time it is accepted for filing by the Commission until a Commission
grant or denial of the application is no longer subject to
reconsideration by the Commission or to review by any court.
* * * * *
0
3. Section 1.2105 is amended by revising the section heading, adding
paragraph (b)(4), and by revising paragraph (c)(6) to read as follows:
Sec. 1.2105 Prohibition of certain communications.
* * * * *
(b) * * *
(4) Applicants shall have a continuing obligation to make any
amendments or modifications that are necessary to maintain the accuracy
and completeness of information furnished in pending applications. Such
amendments or modifications shall be made as promptly as possible, and
in no case more than five business days after applicants become aware
of the need to make any amendment or modification, or five business
days after the reportable
[[Page 4703]]
event occurs, whichever is later. An applicant's obligation to make
such amendments or modifications to a pending application continues
until they are made.
(c) * * *
(6) Any applicant that makes or receives a communication of bids or
bidding strategies prohibited under paragraph (c)(1) of this section
shall report such communication in writing to the Commission
immediately, and in no case later than five business days after the
communication occurs. An applicant's obligation to make such a report
continues until the report has been made. Such reports shall be filed
as directed in public notices detailing procedures for the bidding that
was the subject of the reported communication. If no public notice
provides direction, such notices shall be filed with the Chief of the
Auctions and Spectrum Access Division, Wireless Telecommunications
Bureau, by the most expeditious means available.
* * * * *
[FR Doc. 2010-1878 Filed 1-28-10; 8:45 am]
BILLING CODE 6712-01-P