Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested, 69439-69440 [2010-28553]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69439-69440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28553]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission for Extension Under Delegated 
Authority, Comments Requested

November 3, 2010.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520. Comments are requested 
concerning: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimate; (c) ways 
to enhance the quality, utility, and clarity of the information 
collected; (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology; and (e) 
ways to further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid OMB control number. No person 
shall be subject to any penalty for failing to comply with a collection 
of information subject to the Paperwork Reduction Act (PRA) that does 
not display a valid OMB control number.

DATES: Persons wishing to comment on this information collection should 
submit their PRA comments January 11, 2011. If you anticipate that you 
will be submitting comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the contact 
listed below as soon as possible.

ADDRESSES: Submit all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget (OMB), via fax at 202-395-5167, or via the 
Internet at Nicholas_A._Fraser@omb.eop.gov and to Judith-B.Herman@fcc.gov, Federal Communications Commission (FCC). To submit 
your PRA comments by e-mail send them to: PRA@fcc.gov.
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review'', (3) click the downward-pointing arrow in the ``Select 
Agency'' box below the ``Currently Under Review'' heading, (4) select 
``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box and (6) when the list of FCC 
ICRs currently under review appears, look for the title of this ICR (or 
its OMB Control Number, if there is one) and then click on the ICR 
Reference Number to view detailed information about this ICR.

FOR FURTHER INFORMATION CONTACT: For additional information, send an e-
mail to Judith-B.Herman@fcc.gov or contact her at 202-418-0214.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0995.
    Title: Section 1.2105, Bidding Application and Certification 
Procedures; Prohibition of Certain Communications.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit, not-for-profit 
institutions, and State, local or Tribal government.
    Number of Respondents: 10 respondents; 10 responses.
    Estimated Time per Response: 1.5 hours to 2 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 154(i) and 309(j).
    Total Annual Burden: 50 hours.
    Total Annual Cost: $6,000.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: The Commission is not 
requesting that the respondents submit confidential information to the 
Commission. If the Commission requests applicants to submit information 
that the respondents believe is confidential, respondents may request 
confidential treatment of such information under 47 CFR 0.459 of the 
Commission's rules.
    Needs and Uses: The Commission will submit this expiring 
information collection to the Office of Management and Budget (OMB) 
after this 60 day comment period in order to obtain the full three year 
clearance from them. The Commission is requesting an extension (no 
change in the reporting requirements) of this information collection. 
There is no change in the Commission's burden estimates.
    Subject to certain exceptions, section 1.2105(c) of the 
Commission's rules prohibits auction applicants that are eligible to 
bid on any of the same geographic areas from cooperating or 
collaborating with respect to, discussing or disclosing to each other 
in any manner the substance of their bids or bidding strategies from 
the short-form application filing deadline to the post-auction down 
payment deadline, unless such applicants are members of a bidding 
consortium or other joint bidding agreement reported on their short-
form applications.
    The Commission has found that even when a communication of bids or 
bidding strategies is limited to one applicant's bids or bidding 
strategies, it may unfairly disadvantage the other bidders in the 
market by creating an asymmetry of information. Section 1.2105(c)(1) of 
the Commission's rules attempts to address this concern by prohibiting 
auction applicants from communicating their bids or bidding strategies 
to each other. In enforcing Section 1.2105(c)(1), however, the 
Commission has encountered auction

[[Page 69440]]

applicants engaging in communications prohibited by the rule. In some 
instances, there has been concern expressed about the obligation of a 
bidder to report information received from another bidder that 
potentially violates the rule, and the Commission has previously 
counseled applicants on the safest course of action for a recipient of 
a prohibited communication during the period in which Section 
1.2105(c)(1) prohibitions are in effect would be to terminate the 
discussion and promptly report communication to the Commission. The 
Commission believes that the anti-collusion rule to include such a 
reporting requirement, as a deterrent to would-be disseminators of 
prohibited information regarding bids or bidding strategies, will make 
clear the responsibility to report such behavior and will thereby 
enhance the competitiveness and fairness of its spectrum auctions. 
Under the amendment the Commission adopted in the Seventh Report and 
Order, an applicant's failure to report a prohibited communication 
pursuant to Section 1.2105(c) may constitute a rule violation distinct 
from any act of collusion that violates Section 1.2105(c)(1).
    The information requirement will enable the Commission to ensure 
that no bidder gains an unfair advantage over other bidders in its 
spectrum auctions and thus enhance the competitiveness and fairness of 
its auctions. The information collected will be reviewed, and if 
warranted, referred to the Commission's Enforcement Bureau for possible 
investigation and administrative action. The Commission may also refer 
allegations of anticompetitive auction conduct to the Department of 
Justice (DoJ) for investigation.
    OMB Control Number: 3060-0221.
    Title: Section 90.155, Time in Which Station Must Be Placed in 
Operation.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit and State, local or 
Tribal government.
    Number of Respondents: 1,589 respondents; 1,589 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 154(i), 161, 303(g), 303(r) and 332(c)(7).
    Total Annual Burden: 1,589 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: The Commission will submit this expiring 
information collection to the Office of Management and Budget (OMB) 
after this 60 day comment period in order to obtain the full three year 
clearance from them. The Commission is requesting an extension (no 
change in the reporting requirements) of this information collection. 
The Commission is reporting a 179 hour burden reduction adjustment in 
the Commission's previous burden estimates. The reduction is due to 
fewer respondents and therefore the burden hours have been adjusted.
    Section 90.155(b) provides that a period longer than 12 months may 
be granted to local government entities to place their stations in 
operation on a case-by-case basis upon a showing of need. This rule 
provides flexibility to State and local governments. An application for 
extension of time to commence service may be made on FCC Form 601. 
Extensions of time must be filed prior to the expiration of the 
construction period. Extensions will be granted only if the licensee 
shows that the failure to commence service is due to causes beyond its 
control.
    Section 90.155(d) establishes construction deadlines for Location 
and Monitoring Service (LMS) licensees in the market-licensed 
multilateration LMS services. This subsection was amended in 2004 to 
provide holders of multilateration location service authorizations with 
five- and ten-year benchmarks to place in operation their base stations 
that utilize multilateration technology to provide multilateration 
location service to one-third of the Economic Areas (EAs) population 
within five years to initial license grant, and two-thirds of the 
population within ten years. At the five- and ten-year benchmarks, 
licensees are required to file a map and FCC Form 601 showing 
compliance with the coverage requirements pursuant to section 1.946 of 
the Commission's rules.
    In 2007 the Commission granted two to three additional years to 
meet the five-year construction requirement for certain multilateration 
Location and Monitoring Service Economic Area licensees, and extended 
the 10-year requirement for such licensees two years.
    These requirements will be used by Commission personnel to evaluate 
whether or not certain licensees are providing substantial service as a 
means of complying with their construction requirements, or have 
demonstrated that an extended period of time for construction is 
warranted.

Marlene H. Dortch,
Secretary, Federal Communications Commission.
[FR Doc. 2010-28553 Filed 11-10-10; 8:45 am]
BILLING CODE 6712-01-P