Amendment of the Schedule of Application Fees, 18137-18138 [2011-7475]
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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Proposed Rules
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[FR Doc. 2011–7776 Filed 3–31–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[GEN Docket No. 86–285; FCC 11–27]
Amendment of the Schedule of
Application Fees
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY:
In this document, the
Commission seeks comments to clarify
the rules on the payment of filing fees
by winning bidders in auctions of
construction permits in the broadcast
SUMMARY:
VerDate Mar<15>2010
17:06 Mar 31, 2011
Jkt 223001
services in conjunction with their longform applications.
DATES: Comments are due April 18,
2011, and reply comments are due May
2, 2011.
ADDRESSES: You may submit comments,
identified by GEN Docket No. 86–285,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs. Follow the
instructions for submitting comments.
• E-mail: ecfs@fcc.gov. Include GEN
Docket No. 86–285 in the subject line of
the message.
• Mail: Commercial overnight mail
(other than U.S. Postal Service Express
Mail, and Priority Mail, must be sent to
9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service
first-class, Express, and Priority mail
should be addressed to 445 12th Street,
SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director at (202) 418–0444.
SUPPLEMENTARY INFORMATION:
1. By this Notice of Proposed
Rulemaking, adopted on February 28,
2011 and released on March 3, 2011, we
seek to clarify the rules on the payment
of filing fees by winning bidders in
auctions of construction permits in the
broadcast services in conjunction with
their long-form applications. In the
Broadcast Competitive Bidding First
Report and Order, the Commission
required the filing of application fees in
such cases, and section 1.1104, the
Schedule of Charges for Media Bureau
Service filings, requires the payment of
a fee when the long-form application is
filed.1 However, section 1.2107(c) of the
rules provides with regard to the filing
of long-form applications by winning
bidders in auctions that,
‘‘Notwithstanding any other provision in
Title 47 of the Code of Federal
Regulations to the contrary, high
bidders need not submit an additional
application filing fee with their longform applications.’’ 2 To resolve any
1 Implementation of Section 309(j) of the
Communications Act—Competitive Bidding
Procedures for Commercial Broadcast and
Instructional Television Fixed Television Service
Licenses, MM Docket No. 97–234, First Report and
Order, 13 FCC Rcd 15920, 15984–85 para. 164
(1998) (Broadcast Competitive Bidding First Report
and Order).
2 47 CFR 1.2107(c). The Commission adopted
section 1.2107(c) before the Balanced Budget Act of
1997 extended the Commission’s competitive
bidding authority under Section 309(j) of the
Communications Act of 1934 to mutually exclusive
applications for construction permits or licenses in
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
18137
inconsistency and to conform Section
1.2107(c) to the Commission’s
determination in the Broadcast
Competitive Bidding First Report and
Order as reflected in section 1.1104, we
propose to amend section 1.2107(c) by
revising the cited sentence to read as
follows: ‘‘Except as otherwise provided
in section 1.1104 of the rules, high
bidders need not submit an additional
application fee with their long-form
applications.’’ We seek comment on this
proposal.
Procedural Matters
2. Regulatory Flexibility Act. The rule
change proposed in the Notice of
Proposed Rulemaking will not have a
significant economic impact on a
substantial number of small entities or
impose significant costs on parties to
Commission proceedings.
3. Comment Filing Procedures.
Pursuant to Sections 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415
and 1.419, interested parties may file
comments in the Notice of Proposed
Rulemaking 15 days after publication in
the Federal Register, and reply
comments 15 days after the comment
deadline. Comments may be filed using
the Commission’s Electronic Comment
Filing System (ECFS) or by filing paper
copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers. Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/. Filers should follow the
instructions provided on the Web site
for submitting comments.
• ECFS filers must transmit one
electronic copy of the comments for
Gen. Docket No. 86–285. In completing
the transmittal screen, filers should
include their full name, U.S. Postal
Service mailing address, and the
applicable docket number. Parties may
also submit an electronic comment by
Internet e-mail.
• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail (although we continue to
experience delays in receiving U.S.
Postal Service mail due to security
measures). All filings must be addressed
to the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
broadcast services. See Balanced Budget Act of
1997, Public Law 105–33, Title III, 111 Stat. 251
(1997).
E:\FR\FM\01APP1.SGM
01APP1
18138
Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Proposed Rules
jlentini on DSKJ8SOYB1PROD with PROPOSALS
• All hand-delivered and/or
messenger-delivered paper filings for
the Commission’s Secretary must be
delivered to FCC Headquarters at 445
Twelfth St., SW., Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 Twelfth Street, SW.,
Washington, DC 20554.
4. Parties shall also serve one copy
with the Commission’s copy contractor,
Best Copy and Printing, Inc. (BPCI),
Portals II, 445 Twelfth Street, SW.,
Room CY–B402, Washington, DC 20554,
(202) 488–5300, or via e-mail to
fcc@bcpiweb.com. Documents in GEN
Docket No. 86–285 will be available for
public inspection and copying during
business hours at the FCC Reference
Information Center, Portals II, 445
Twelfth Street, SW., Room CY–A257,
Washington, DC 20554. The documents
may also be purchased from BCPI,
telephone (202) 488–5300, facsimile
(202) 488–5563, TTY (202) 488–5562,
e-mail fcc@bcpiweb.com.
5. Ex Parte Presentations. The Notice
of Proposed Rulemaking shall be treated
as a ‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules, 47 CFR 1.1200 et seq.
Requirements pertaining to oral and
written presentations are set forth in
Section 1.1206(b) of the Commission’s
rules.
6. Accessible Formats. 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) 418–0432 (tty).
Ordering Clauses
7. Accordingly, it is ordered, that,
pursuant to sections 1, 4(i), 4(j), and 8
of the Communications Act of 1934, as
amended, 47 U.S.C. sections 151, 154(i),
154(j), and 158, this Notice of Proposed
Rulemaking is hereby adopted.
8. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the U.S. Small
Business Administration.
VerDate Mar<15>2010
17:06 Mar 31, 2011
Jkt 223001
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 1 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for Part 1
continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 303(r), and
309, unless otherwise noted.
2. Amend § 1.2107 by revising
paragraph (c) to read as follows:
§ 1.2107. Submission of down payment
and filing of long-form applications.
*
*
*
*
*
(c) A high bidder that meets its down
payment obligations in a timely manner
must, within ten (10) business days after
being notified that it is a high bidder,
submit an additional application (the
‘‘long-form application’’) pursuant to the
rules governing the service in which the
applicant is the high bidder. Except as
otherwise provided in § 1.1104, high
bidders need not submit an additional
application filing fee with their longform applications.
*
*
*
*
*
[FR Doc. 2011–7475 Filed 3–31–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2010–0084;
[MO 92210–0–0008–B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Spring Pygmy
Sunfish as Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding and
initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a 90-day
finding on a petition to list the spring
pygmy sunfish (Elassoma alabamae) as
endangered under the Endangered
Species Act of 1973, as amended (Act).
Based on our review, we find that the
petition and information currently
SUMMARY:
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
available in our files presents
substantial scientific or commercial
information indicating that listing this
species may be warranted. Therefore,
with the publication of this notice, we
are initiating a review of the status of
the species to determine if the
petitioned action is warranted. To
ensure this status review is
comprehensive, we are requesting
scientific and commercial data and
other information regarding this species.
Based on the status review, we will
issue a 12-month finding on the
petition, which will address whether
the petitioned action is warranted, as
provided in section 4(b)(3)(B) of the Act.
DATES: To allow us adequate time to
conduct this review, we request that we
receive information on or before May
31, 2011. Please note that if you are
using the Federal eRulemaking Portal
(see ADDRESSES section, below), the
deadline for submitting an electronic
comment is 11:59 p.m. Eastern Time on
this date. After May 31, 2011, you must
submit information directly to the Field
Office (see FOR FURTHER INFORMATION
CONTACT section below). Please note that
we might not be able to address or
incorporate information that we receive
after the above requested date.
ADDRESSES: You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. In the box that
reads ‘‘Enter Keyword or ID,’’ enter the
Docket number for this finding, which
is FWS–R4–ES–2010–0084. Check the
box that reads ‘‘Open for Comment/
Submission,’’ and then click the Search
button. You should then see an icon that
reads ‘‘Submit a Comment.’’ Please
ensure that you have found the correct
document before submitting your
comment.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R4–
ES–2010–0084; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all information we receive on
the Internet at https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Request for Information section below
for more details).
FOR FURTHER INFORMATION CONTACT:
Stephen Ricks, Field Supervisor,
Mississippi Ecological Services Field
Office, 6578 Dogwood View Parkway,
Jackson, MS 39213; by telephone (601–
321–1122); or by facsimile (601–965–
4340). If you use a telecommunications
E:\FR\FM\01APP1.SGM
01APP1
Agencies
[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Proposed Rules]
[Pages 18137-18138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7475]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[GEN Docket No. 86-285; FCC 11-27]
Amendment of the Schedule of Application Fees
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission seeks comments to clarify the
rules on the payment of filing fees by winning bidders in auctions of
construction permits in the broadcast services in conjunction with
their long-form applications.
DATES: Comments are due April 18, 2011, and reply comments are due May
2, 2011.
ADDRESSES: You may submit comments, identified by GEN Docket No. 86-
285, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
E-mail: ecfs@fcc.gov. Include GEN Docket No. 86-285 in the
subject line of the message.
Mail: Commercial overnight mail (other than U.S. Postal
Service Express Mail, and Priority Mail, must be sent to 9300 East
Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-
class, Express, and Priority mail should be addressed to 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing
Director at (202) 418-0444.
SUPPLEMENTARY INFORMATION:
1. By this Notice of Proposed Rulemaking, adopted on February 28,
2011 and released on March 3, 2011, we seek to clarify the rules on the
payment of filing fees by winning bidders in auctions of construction
permits in the broadcast services in conjunction with their long-form
applications. In the Broadcast Competitive Bidding First Report and
Order, the Commission required the filing of application fees in such
cases, and section 1.1104, the Schedule of Charges for Media Bureau
Service filings, requires the payment of a fee when the long-form
application is filed.\1\ However, section 1.2107(c) of the rules
provides with regard to the filing of long-form applications by winning
bidders in auctions that, ``Notwithstanding any other provision in
Title 47 of the Code of Federal Regulations to the contrary, high
bidders need not submit an additional application filing fee with their
long-form applications.'' \2\ To resolve any inconsistency and to
conform Section 1.2107(c) to the Commission's determination in the
Broadcast Competitive Bidding First Report and Order as reflected in
section 1.1104, we propose to amend section 1.2107(c) by revising the
cited sentence to read as follows: ``Except as otherwise provided in
section 1.1104 of the rules, high bidders need not submit an additional
application fee with their long-form applications.'' We seek comment on
this proposal.
---------------------------------------------------------------------------
\1\ Implementation of Section 309(j) of the Communications Act--
Competitive Bidding Procedures for Commercial Broadcast and
Instructional Television Fixed Television Service Licenses, MM
Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984-
85 para. 164 (1998) (Broadcast Competitive Bidding First Report and
Order).
\2\ 47 CFR 1.2107(c). The Commission adopted section 1.2107(c)
before the Balanced Budget Act of 1997 extended the Commission's
competitive bidding authority under Section 309(j) of the
Communications Act of 1934 to mutually exclusive applications for
construction permits or licenses in broadcast services. See Balanced
Budget Act of 1997, Public Law 105-33, Title III, 111 Stat. 251
(1997).
---------------------------------------------------------------------------
Procedural Matters
2. Regulatory Flexibility Act. The rule change proposed in the
Notice of Proposed Rulemaking will not have a significant economic
impact on a substantial number of small entities or impose significant
costs on parties to Commission proceedings.
3. Comment Filing Procedures. Pursuant to Sections 1.415 and 1.419
of the Commission's rules, 47 CFR 1.415 and 1.419, interested parties
may file comments in the Notice of Proposed Rulemaking 15 days after
publication in the Federal Register, and reply comments 15 days after
the comment deadline. Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS) or by filing paper copies. See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).
Electronic Filers. Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/.
Filers should follow the instructions provided on the Web site for
submitting comments.
ECFS filers must transmit one electronic copy of the
comments for Gen. Docket No. 86-285. In completing the transmittal
screen, filers should include their full name, U.S. Postal Service
mailing address, and the applicable docket number. Parties may also
submit an electronic comment by Internet e-mail.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail (although we continue
to experience delays in receiving U.S. Postal Service mail due to
security measures). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
[[Page 18138]]
All hand-delivered and/or messenger-delivered paper
filings for the Commission's Secretary must be delivered to FCC
Headquarters at 445 Twelfth St., SW., Room TW-A325, Washington, DC
20554. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the
building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 Twelfth Street, SW., Washington, DC
20554.
4. Parties shall also serve one copy with the Commission's copy
contractor, Best Copy and Printing, Inc. (BPCI), Portals II, 445
Twelfth Street, SW., Room CY-B402, Washington, DC 20554, (202) 488-
5300, or via e-mail to fcc@bcpiweb.com. Documents in GEN Docket No. 86-
285 will be available for public inspection and copying during business
hours at the FCC Reference Information Center, Portals II, 445 Twelfth
Street, SW., Room CY-A257, Washington, DC 20554. The documents may also
be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-
5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com.
5. Ex Parte Presentations. The Notice of Proposed Rulemaking shall
be treated as a ``permit-but-disclose'' proceeding in accordance with
the Commission's ex parte rules, 47 CFR 1.1200 et seq. Requirements
pertaining to oral and written presentations are set forth in Section
1.1206(b) of the Commission's rules.
6. Accessible Formats. 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) 418-0432 (tty).
Ordering Clauses
7. Accordingly, it is ordered, that, pursuant to sections 1, 4(i),
4(j), and 8 of the Communications Act of 1934, as amended, 47 U.S.C.
sections 151, 154(i), 154(j), and 158, this Notice of Proposed
Rulemaking is hereby adopted.
8. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the U.S. Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 1 as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for Part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309, unless otherwise noted.
2. Amend Sec. 1.2107 by revising paragraph (c) to read as follows:
Sec. 1.2107. Submission of down payment and filing of long-form
applications.
* * * * *
(c) A high bidder that meets its down payment obligations in a
timely manner must, within ten (10) business days after being notified
that it is a high bidder, submit an additional application (the ``long-
form application'') pursuant to the rules governing the service in
which the applicant is the high bidder. Except as otherwise provided in
Sec. 1.1104, high bidders need not submit an additional application
filing fee with their long-form applications.
* * * * *
[FR Doc. 2011-7475 Filed 3-31-11; 8:45 am]
BILLING CODE 6712-01-P