Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures, 32034-32036 [2012-13130]
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32034
Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations
This suspension is effective May
31, 2012. It has been enforced with
actual notice since April 26, 2012.
ADDRESSES: Federal Communications
Commission, 445 12th St. SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information or questions,
please contact Mr. Keith Harper of the
Wireless Telecommunications Bureau,
(202) 418–2759, Keith.Harper@fcc.gov,
regarding Part 22 applications; Mr.
Terry Fishel of the Wireless
Telecommunications Bureau, (717) 338–
2602, Terry.Fishel@fcc.gov, regarding
Part 90 Industrial/Business Pool
applications; or Mr. Tracy Simmons of
the Public Safety and Homeland
Security Bureau, (717) 338–2657,
Tracy.Simmons@fcc.gov, regarding Part
90 Public Safety Pool applications.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Public
Notice, (‘‘PN’’) in DA 12–643, which
was released on April 26, 2012. The full
text of this document available for
public inspection and copying during
business hours in the FCC Reference
Information Center, Portals II, 445 12th
St., SW., Room CY–A257, Washington,
DC, 20554 or by downloading the text
from the Commission’s Web site at
https://www.fcc.gov/. The complete text
also may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., Portals II,
445 12th Street, Suite CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an email to <FCC504@fcc.gov>
or calling the Consumer and
Government Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
DATES:
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Synopsis of the Public Notice
On April 26, 2012, the Wireless
Telecommunications Bureau and Public
Safety and Homeland Security Bureau
released a Public Notice which
suspended the acceptance and
processing of certain applications for
Part 22 and 90 services operating in the
470–512 MHz spectrum band (T–Band).
The suspension will serve to stabilize
the spectral environment while the
Commission considers issues
surrounding future use of the T–Band,
solicits input from interested parties,
and determines how best to implement
recent spectrum legislation contained in
the Middle Class Tax Relief and Job
Creation Act of 2012.1
1 Public Law 112–96, 126 Stat. 156 (2012).
Section 6103 of the Act provides that, not later than
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The filing and processing suspension
applies only to applications for new or
expanded use of T–Band frequencies for
the following radio services in the 470–
512 MHz band:
Part 22 Public Mobile Services: Paging
and Radiotelephone (radio service code
CD), Offshore Radiotelephone (radio
service code CO)
Part 90 Industrial/Business Pool:
Industrial/Business Pool—Conventional
(radio service code IG), Industrial/
Business Pool—Commercial,
Conventional (radio service code IK),
Industrial/Business Pool—Trunked
(radio service code YG), Industrial/
Business Pool—Commercial, Trunked
(radio service code YK)
Part 90 Public Safety Pool: Public
Safety Pool—Conventional (radio
service code PW), Public Safety Pool—
Trunked (radio service code YW).
As such, effective immediately and
until further notice, the Bureaus will not
accept or process (1) applications for
new licenses; (2) applications that seek
to modify existing licenses by adding or
changing frequencies or locations; (3)
applications that seek to modify existing
licenses by changing technical
parameters in a manner that expands
the station’s spectral or geographic
footprint, such as, but not limited to,
increases in bandwidth, power level,
antenna height, or area of operation; and
(4) any other application that could
increase the degree to which the 470–
512 MHz band currently is licensed. We
clarify that affected applications that are
now pending will not be further
processed until the Commission decides
how to implement the Act, except that
defective applications and applications
in return status that are not timely
resubmitted will be dismissed.
The decision to impose this suspension is
procedural in nature, and therefore is not
subject to the notice, comment, and effective
date requirements of the Administrative
Procedure Act.2 Moreover, there was good
cause for not delaying the effect of the
nine years after the date of enactment, the
Commission shall ‘‘reallocate the spectrum in the
470–512 MHz band * * * currently used by public
safety eligibles * * *.’’ Id. at 6103(a). The Act
instructs the Commission to ‘‘begin a system of
competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) to
grant new initial licenses for the use of the
spectrum.’’ Id. It also provides that ‘‘relocation of
public safety entities from the T–Band Spectrum’’
shall be completed not later than two years after
completion of the system of competitive bidding.
Id. at 6103(b) and (c).
2 See 5 U.S.C. 553(b)(A), (d); see also, e.g.,
Neighborhood TV Co. v. FCC, 742 F.2d 629, 637–
38 (D.C. Cir. 1984) (holding that the Commission’s
filing freeze is a procedural rule not subject to the
notice and comment requirements of the
Administrative Procedure Act); Buckeye
Cablevision, Inc. v. United States, 438 F.2d 948,
952–53 (6th Cir. 1971).
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suspension until after publication in the
Federal Register. Such a delay would have
been impractical, unnecessary, and contrary
to the public interest because it would
undercut the purposes of the suspension.3
Procedural Matters
1. Paperwork Reduction Act Analysis
This document does not contain
proposed information collection(s)
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it 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, See 44 U.S.C.
3506(c)(4).
2. Congressional Review Act
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Public Notice 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).
Federal Communications Commission.
Scot Stone,
Deputy Chief, Mobility Division, Wireless
Telecommunications Bureau.
[FR Doc. 2012–12953 Filed 5–30–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 09–52; FCC 11–190]
Policies To Promote Rural Radio
Service and To Streamline Allotment
and Assignment Procedures
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements and
form revisions associated with the
Commission’s rules contained in the
Third Report and Order, FCC 11–190,
pertaining to the policies to promote
rural radio service and to streamline
allotment and assignment procedures.
This notice is consistent with the Third
Report and Order, which stated that the
Commission would publish a document
SUMMARY:
3 See
E:\FR\FM\31MYR1.SGM
5 U.S.C. 553(b)(B), (d)(3).
31MYR1
Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES1
in the Federal Register announcing the
effective date of these rules and form
changes.
DATES: 47 CFR 73.3573 and FCC Form
301, published at 77 FR 2916, January
20, 2012, are effective July 2, 2012.
FOR FURTHER INFORMATION CONTACT:
Cathy Williams on (202) 418–2918 or
via email to: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on April 27,
2012, OMB approved, for a period of
three years, the information collection
requirements contained in the
Commission’s Third Report and Order,
FCC 11–190, published at 77 FR 2916,
January 20, 2012. The OMB Control
Number is 3060–0027. The Commission
publishes this notice as an
announcement of the effective date of
the rule section and form revisions.
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on April 27,
2012, for the information collection
requirements contained in the
Commission’s rule at 47 CFR 73.3573
and form revisions to FCC Form 301.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, 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 that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0027.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Pub. L. 104–13, October 1, 1995, and 44
U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0027.
Title: Application for Construction
Permit for Commercial Broadcast
Station, FCC Form 301.
Form Number: FCC Form 301.
OMB Approval Date: April 27, 2012.
OMB Expiration Date: April 30, 2015.
Type of Review: Revision of a
currently approved collection.
Respondents: Business and other forprofit entities; Not for profit entities;
State, local or Tribal governments.
Number of Respondents and
Responses: 4,604 respondents and 8,040
responses.
Estimated Time per Response: 1–6.25
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
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Total Annual Burden: 20,497 hours.
Total Annual Costs: $90,659,382.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Sections
154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: On January 28, 2010,
the Commission adopted a First Report
and Order and Further Notice of
Proposed Rulemaking (‘‘First R&O’’) in
MB Docket No. 09–52, FCC 10–24. To
enhance the ability of federally
recognized Native American Tribes to
provide vital radio services to their
citizens on Tribal lands, in the First
R&O the Commission established a
Tribal Priority for use in its radio
licensing procedures. On March 3, 2011,
the Commission adopted a Second
Report and Order (‘‘Second R&O’’), First
Order on Reconsideration, and Second
Further Notice of Proposed Rule Making
in MB Docket No. 09–52, FCC 11–28.
On December 28, 2011, the Commission
adopted a Third Report and Order in
MB Docket No. 09–52, FCC 11–190
(‘‘Third R&O’’). In the Third R&O the
Commission further refined the use of
the Tribal Priority in the commercial
FM context, specifically adopting a
‘‘threshold qualifications’’ approach to
commercial FM application processing.
In the commercial FM context, the
Tribal Priority is applied at the
allotment stage of the licensing process.
A Tribe or Tribal entity initiates the
process by petitioning that a new Tribal
Allotment be added to the FM Table of
Allotments using the Tribal Priority. A
petitioner seeking to add a Tribal
Allotment to the FM Table of
Allotments, like all other FM allotment
proponents, must file FCC Form 301
when submitting its Petition for Rule
Making. Under the new ‘‘threshold
qualification’’ procedures adopted in
the Third R&O, once a Tribal Allotment
has been successfully added to the FM
Table of Allotments using the Tribal
Priority through an FM allocations
rulemaking, the Commission will
announce by Public Notice a Threshold
Qualifications Window (‘‘TQ
Window’’). During the TQ Window, any
Tribe or Tribal entity that could qualify
to add that particular Tribal Allotment
may file an FCC Form 301 application
for that Tribal Allotment. Such an
applicant must demonstrate that it
meets all of the eligibility criteria for the
Tribal Priority, just as the original Tribal
PO 00000
Frm 00061
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32035
Allotment proponent did at the
allotment stage. If it wishes its
previously filed Form 301 application to
be considered at this stage, then during
the TQ Window the original Tribal
Allotment proponent must submit
notice to process its pending Form 301
application immediately.
If only one acceptable application is
filed during the TQ Window, whether
by the original Tribal allotment
proponent submitting notification to
process its previously filed Form 301, or
by another qualified applicant, that
application will be promptly processed
and the Tribal Allotment will not be
auctioned. In the event that two or more
acceptable applications are filed during
the TQ Window, the Commission will
announce a limited period in which the
parties may negotiate a settlement or
bona fide merger, as a way of resolving
the mutual exclusivity between their
applications. If a settlement or merger is
reached, the parties must notify the
Commission and the staff will process
the surviving application pursuant to
the settlement or merger. If a settlement
cannot be reached among the mutually
exclusive applicants, the Tribal
Allotment will be auctioned during the
next scheduled FM auction. At that
time, only the applicants whose
applications were accepted for filing
during the TQ Window, as well as the
original Tribal Allotment proponent,
will be permitted to bid on that
particular Tribal Allotment. This closed
group of mutually exclusive TQ
Window applicants must comply with
applicable established auction
procedures.
In the event that no qualifying party
applies during the TQ Window, and the
original Tribal allotment proponent
requests that its pending Form 301
application not be immediately
processed, the Tribal Allotment will be
placed in a queue to be auctioned in the
normal course for vacant FM allotments.
When the Tribal Allotment is offered at
auction for the first time, only
applicants meeting the ‘‘threshold
qualifications’’ may specify that
particular Tribal Allotment on FCC
Form 175, Application to Participate in
an FCC Auction (OMB Control No.
3060–0600). Should no qualifying party
apply to bid or qualify to bid on a Tribal
Allotment in the first auction in which
it is offered, then the Tribal allotment
will be offered in a subsequent auction
and any applicant, whether or not a
Tribal entity, may apply for the Tribal
Allotment.
Consistent with actions taken by the
Commission in the Third R&O, Form
301 has been revised to accommodate
applicants applying in a TQ Window for
E:\FR\FM\31MYR1.SGM
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32036
Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations
a Tribal Allotment. As noted above, an
applicant applying in the TQ Window,
who was not the original proponent of
the Tribal Allotment at the rulemaking
stage, must demonstrate that it would
have qualified in all respects to add the
particular Tribal Allotment for which it
is applying. Form 301 contains a new
question in Section II—Legal titled
‘‘Tribal Priority-Threshold
Qualifications.’’ An applicant answering
‘‘yes’’ to the question must provide an
Exhibit demonstrating that it meets all
of the Tribal Priority eligibility criteria.
The Instructions for the Form 301 have
been revised to assist applicants with
completing the responsive Exhibit.
In addition, Form 301 contains a new
option under Section I—General
Information—Application Purpose,
titled ‘‘New Station with Petition for
Rulemaking to Amend FM Table of
Allotments using Tribal Priority.’’ A
petitioner seeking to add a Tribal
Allotment to the FM Table of
Allotments must file Form 301 when
submitting its Petition for Rule Making.
This new Application Purpose field will
assist the staff in quickly identifying
Form 301 applications filed in
connection with a petition to add a
Tribal Allotment and initiating the
‘‘threshold qualification’’ procedures.
This information collection is being
revised to accommodate applicants
applying in a Threshold Qualifications
Window for a Tribal Allotment that had
been added to the FM Table of
Allotments using the Tribal Priority
under the new ‘‘threshold
qualifications’’ procedures adopted in
the Third R&O.
OMB approved the information
collection requirements and form
revisions for this collection on April 27,
2012.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary,
Office of Managing Director.
[FR Doc. 2012–13130 Filed 5–30–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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50 CFR Part 635
RIN 0648–XC044
Atlantic Highly Migratory Species;
Commercial Porbeagle Shark Fishery
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Jkt 226001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishery closure.
NMFS is closing the
commercial fishery for porbeagle sharks.
This action is necessary because
landings for the 2012 fishing season
have reached at least 80 percent of the
available quota.
DATES: The commercial porbeagle shark
fishery is closed effective 11:30 p.m.
local time May 30, 2012, until, and if,
NMFS announces in the Federal
Register that additional quota is
available and the season is reopened.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Peter Cooper,
301–427–8503; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and its implementing
regulations found at 50 CFR part 635
issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Under § 635.5(b)(1), shark dealers are
required to report to NMFS all sharks
landed every two weeks. Dealer reports
for fish received between the 1st and
15th of any month must be received by
NMFS by the 25th of that month. Dealer
reports for fish received between the
16th and the end of any month must be
received by NMFS by the 10th of the
following month. Under § 635.28(b)(2),
when NMFS projects that fishing season
landings for a species group have
reached or are about to reach 80 percent
of the available quota, NMFS will file
for publication with the Office of the
Federal Register a closure action for that
shark species group that will be
effective no fewer than 5 days from the
date of filing. From the effective date
and time of the closure until NMFS
announces in the Federal Register that
additional quota is available and the
season is reopened, the fishery for that
species group is closed, even across
fishing years.
On January 24, 2012 (77 FR 3393),
NMFS announced that the porbeagle
shark fishery for the 2012 fishing year
was open and the available porbeagle
shark quota was 0.7 metric tons (mt)
dressed weight (dw) (1,585 lb dw).
Dealer reports through May 17, 2012,
indicate that 0.67 mt dw or 93.3 percent
of the available quota for porbeagle
sharks has been landed. Dealer reports
received to date indicate that 4.3
percent of the quota was landed from
the opening of the fishery on January 24,
SUMMARY:
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2012, through March 6, 2012; 12.2
percent of the quota was landed from
March 7, 2012, through March 28, 2012;
5.7 percent was landed from March 29,
2012, through April 17, 2012; and 71.1
percent of the quota was landed from
April 18, 2012, through May 17, 2012.
The fishery has reached 93.3 percent of
the quota, which exceeds the 80 percent
limit specified in the regulations.
Accordingly, NMFS is closing the
commercial porbeagle shark fishery as
of 11:30 p.m. local time May 30, 2012.
This closure does not affect any other
shark fishery.
During the closure, retention of
porbeagle sharks is prohibited for
persons fishing aboard vessels issued a
commercial shark limited access permit
under 50 CFR 635.4, unless the vessel
is properly permitted to operate as a
charter vessel or headboat for HMS and
is engaged in a for-hire trip, in which
case the recreational retention limits for
sharks and ‘‘no sale’’ provisions apply
(50 CFR 635.22(a) and (c)). A shark
dealer issued a permit pursuant to
§ 635.4 may not purchase or receive
porbeagle sharks from a vessel issued an
Atlantic shark limited access permit
(LAP), except that a permitted shark
dealer or processor may possess
porbeagle sharks that were harvested,
off-loaded, and sold, traded, or bartered,
prior to the effective date of the closure
and were held in storage. Under this
closure, a shark dealer issued a permit
pursuant to § 635.4 may, in accordance
with state regulations, purchase or
receive a porbeagle sharks if the sharks
were harvested, off-loaded, and sold,
traded, or bartered from a vessel that
fishes only in state waters and that has
not been issued an Atlantic Shark LAP,
HMS Angling permit, or HMS Charter/
Headboat permit pursuant to § 635.4.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA), finds that providing for
prior notice and public comment for
this action is impracticable and contrary
to the public interest because the fishery
is currently underway, and any delay in
this action would cause overharvest of
the quota and be inconsistent with
management requirements and
objectives. If the quota is exceeded, the
affected public is likely to experience
reductions in the available quota and a
lack of fishing opportunities in future
seasons. For these reasons, the AA also
finds good cause to waive the 30-day
delay in effective date pursuant to 5
U.S.C. 553 (d)(3). This action is required
under § 635.28(b)(2) and is exempt from
review under Executive Order 12866.
E:\FR\FM\31MYR1.SGM
31MYR1
]]>Agencies
[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32034-32036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13130]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 09-52; FCC 11-190]
Policies To Promote Rural Radio Service and To Streamline
Allotment and Assignment Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection requirements and form revisions associated
with the Commission's rules contained in the Third Report and Order,
FCC 11-190, pertaining to the policies to promote rural radio service
and to streamline allotment and assignment procedures. This notice is
consistent with the Third Report and Order, which stated that the
Commission would publish a document
[[Page 32035]]
in the Federal Register announcing the effective date of these rules
and form changes.
DATES: 47 CFR 73.3573 and FCC Form 301, published at 77 FR 2916,
January 20, 2012, are effective July 2, 2012.
FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418-2918 or
via email to: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This document announces that, on April 27,
2012, OMB approved, for a period of three years, the information
collection requirements contained in the Commission's Third Report and
Order, FCC 11-190, published at 77 FR 2916, January 20, 2012. The OMB
Control Number is 3060-0027. The Commission publishes this notice as an
announcement of the effective date of the rule section and form
revisions.
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
April 27, 2012, for the information collection requirements contained
in the Commission's rule at 47 CFR 73.3573 and form revisions to FCC
Form 301.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, 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
that does not display a current, valid OMB Control Number. The OMB
Control Number is 3060-0027.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0027.
Title: Application for Construction Permit for Commercial Broadcast
Station, FCC Form 301.
Form Number: FCC Form 301.
OMB Approval Date: April 27, 2012.
OMB Expiration Date: April 30, 2015.
Type of Review: Revision of a currently approved collection.
Respondents: Business and other for-profit entities; Not for profit
entities; State, local or Tribal governments.
Number of Respondents and Responses: 4,604 respondents and 8,040
responses.
Estimated Time per Response: 1-6.25 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 20,497 hours.
Total Annual Costs: $90,659,382.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i), 303 and 308 of the Communications Act of 1934, as
amended.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking (``First
R&O'') in MB Docket No. 09-52, FCC 10-24. To enhance the ability of
federally recognized Native American Tribes to provide vital radio
services to their citizens on Tribal lands, in the First R&O the
Commission established a Tribal Priority for use in its radio licensing
procedures. On March 3, 2011, the Commission adopted a Second Report
and Order (``Second R&O''), First Order on Reconsideration, and Second
Further Notice of Proposed Rule Making in MB Docket No. 09-52, FCC 11-
28. On December 28, 2011, the Commission adopted a Third Report and
Order in MB Docket No. 09-52, FCC 11-190 (``Third R&O''). In the Third
R&O the Commission further refined the use of the Tribal Priority in
the commercial FM context, specifically adopting a ``threshold
qualifications'' approach to commercial FM application processing.
In the commercial FM context, the Tribal Priority is applied at the
allotment stage of the licensing process. A Tribe or Tribal entity
initiates the process by petitioning that a new Tribal Allotment be
added to the FM Table of Allotments using the Tribal Priority. A
petitioner seeking to add a Tribal Allotment to the FM Table of
Allotments, like all other FM allotment proponents, must file FCC Form
301 when submitting its Petition for Rule Making. Under the new
``threshold qualification'' procedures adopted in the Third R&O, once a
Tribal Allotment has been successfully added to the FM Table of
Allotments using the Tribal Priority through an FM allocations
rulemaking, the Commission will announce by Public Notice a Threshold
Qualifications Window (``TQ Window''). During the TQ Window, any Tribe
or Tribal entity that could qualify to add that particular Tribal
Allotment may file an FCC Form 301 application for that Tribal
Allotment. Such an applicant must demonstrate that it meets all of the
eligibility criteria for the Tribal Priority, just as the original
Tribal Allotment proponent did at the allotment stage. If it wishes its
previously filed Form 301 application to be considered at this stage,
then during the TQ Window the original Tribal Allotment proponent must
submit notice to process its pending Form 301 application immediately.
If only one acceptable application is filed during the TQ Window,
whether by the original Tribal allotment proponent submitting
notification to process its previously filed Form 301, or by another
qualified applicant, that application will be promptly processed and
the Tribal Allotment will not be auctioned. In the event that two or
more acceptable applications are filed during the TQ Window, the
Commission will announce a limited period in which the parties may
negotiate a settlement or bona fide merger, as a way of resolving the
mutual exclusivity between their applications. If a settlement or
merger is reached, the parties must notify the Commission and the staff
will process the surviving application pursuant to the settlement or
merger. If a settlement cannot be reached among the mutually exclusive
applicants, the Tribal Allotment will be auctioned during the next
scheduled FM auction. At that time, only the applicants whose
applications were accepted for filing during the TQ Window, as well as
the original Tribal Allotment proponent, will be permitted to bid on
that particular Tribal Allotment. This closed group of mutually
exclusive TQ Window applicants must comply with applicable established
auction procedures.
In the event that no qualifying party applies during the TQ Window,
and the original Tribal allotment proponent requests that its pending
Form 301 application not be immediately processed, the Tribal Allotment
will be placed in a queue to be auctioned in the normal course for
vacant FM allotments. When the Tribal Allotment is offered at auction
for the first time, only applicants meeting the ``threshold
qualifications'' may specify that particular Tribal Allotment on FCC
Form 175, Application to Participate in an FCC Auction (OMB Control No.
3060-0600). Should no qualifying party apply to bid or qualify to bid
on a Tribal Allotment in the first auction in which it is offered, then
the Tribal allotment will be offered in a subsequent auction and any
applicant, whether or not a Tribal entity, may apply for the Tribal
Allotment.
Consistent with actions taken by the Commission in the Third R&O,
Form 301 has been revised to accommodate applicants applying in a TQ
Window for
[[Page 32036]]
a Tribal Allotment. As noted above, an applicant applying in the TQ
Window, who was not the original proponent of the Tribal Allotment at
the rulemaking stage, must demonstrate that it would have qualified in
all respects to add the particular Tribal Allotment for which it is
applying. Form 301 contains a new question in Section II--Legal titled
``Tribal Priority-Threshold Qualifications.'' An applicant answering
``yes'' to the question must provide an Exhibit demonstrating that it
meets all of the Tribal Priority eligibility criteria. The Instructions
for the Form 301 have been revised to assist applicants with completing
the responsive Exhibit.
In addition, Form 301 contains a new option under Section I--
General Information--Application Purpose, titled ``New Station with
Petition for Rulemaking to Amend FM Table of Allotments using Tribal
Priority.'' A petitioner seeking to add a Tribal Allotment to the FM
Table of Allotments must file Form 301 when submitting its Petition for
Rule Making. This new Application Purpose field will assist the staff
in quickly identifying Form 301 applications filed in connection with a
petition to add a Tribal Allotment and initiating the ``threshold
qualification'' procedures.
This information collection is being revised to accommodate
applicants applying in a Threshold Qualifications Window for a Tribal
Allotment that had been added to the FM Table of Allotments using the
Tribal Priority under the new ``threshold qualifications'' procedures
adopted in the Third R&O.
OMB approved the information collection requirements and form
revisions for this collection on April 27, 2012.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-13130 Filed 5-30-12; 8:45 am]
BILLING CODE 6712-01-P
