Tribal Mobility Fund Phase I Auction (Auction 902); Short-Form Application Filing Window Rescheduled To Open on September 30, 2013; Updated List of Eligible Areas; Petition for Reconsideration of Auction 902 Procedures Public Notice Granted in Part, 61350-61352 [2013-24303]
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tkelley on DSK3SPTVN1PROD with NOTICES
61350
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
omb.eop.gov mailto: Nicholas_A._Fraser
@eop.gov mailto: Nicholas_A._Fraser@
eop.gov and to Benish Shah, Federal
Communications Commission, via the
Internet at Benish.Shah@fcc.gov mailto:
Benish.Shah@fcc.gov. To submit your
PRA comments by email send them to:
PRA@fcc.gov mailto: PRA@fcc.gov
mailto: PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Benish Shah, Office of Managing
Director, FCC (202) 418–7866.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–0936.
Title: Sections 95.1215, 95.1217,
95.1223 and 95.1225—Medical Device
Radiocommunications Service
(MedRadio).
Form No.: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit and not-for-profit institutions.
Number of Respondents: 3,120
respondents; 3,120 responses.
Estimated Time per Response: 1–3
hours.
Frequency of Response: On occasion
reporting requirement, third party
disclosure requirement and
recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 151 and 303
of the Communications Act of 1934, as
amended.
Total Annual Burden: 9,120 hours.
Total Annual Cost: $462,600.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
No information is requested that would
require assurance of confidentiality.
Needs and Uses: The Commission
will submit this information collection
to the Office of Management and Budget
(OMB) after this 30 day comment period
in order to obtain the full three year
clearance from them. The Commission
is requesting a revision (there has been
a program change in the reporting,
recordkeeping requirements and/or
third party disclosure requirements, the
number of respondents/operators
increased from 100 to 2,620, therefore,
the annual burden and cost has also
increased). The Commission is
requesting OMB approval for a revision.
On May 24, 2012, the Commission
released a Report and Order, ET Docket
No. 08–59, FCC 12–54, Amendment of
Parts 2 and 95 of the Commission’s rules
which revised the requirements for
manufacturers of transmitters for the
‘‘Medical Device Radiocommunication
Service’’ to include with each
transmitting device a statement
regarding harmful interference and to
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20:05 Oct 02, 2013
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label the device in a conspicuous
location on the device. The Report and
Order also adopted rules for ‘‘Medical
Body Area Network’’ (MBAN), which
requires the Commission to establish a
process by which MBAN users will
register and coordinate the use of
certain medical devices. The frequency
coordinator will make the database
available to equipment manufacturers
and the public. The coordinator will
also notify users of potential frequency
conflicts.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2013–24180 Filed 10–2–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[AU Docket No. 13–53; DA 13–1986, DA 13–
1978]
Tribal Mobility Fund Phase I Auction
(Auction 902); Short-Form Application
Filing Window Rescheduled To Open
on September 30, 2013; Updated List
of Eligible Areas; Petition for
Reconsideration of Auction 902
Procedures Public Notice Granted in
Part
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document, the
Wireless Telecommunications and
Wireline Competition Bureaus (Bureaus)
announce the rescheduling of the filing
window for short-form applications and
release an updated list of eligible areas
for Auction 902.
FOR FURTHER INFORMATION CONTACT:
Wireless Telecommunications Bureau,
Auctions and Spectrum Access Division:
For Tribal Mobility Fund Phase I
questions: Patricia Robbins at (202) 418–
0660. To request materials in accessible
formats (Braille, large print, electronic
files, audio format) for people with
disabilities, send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 or (202) 418–0432 (TTY).
SUPPLEMENTARY INFORMATION: This is a
summary of the Auction 902 Public
Notices released on September 25 and
27, 2013. The complete text of the
Auction 902 Public Notices, including
attachments and related Commission
documents, are available for public
inspection and copying from 8:00 a.m.
to 4:30 p.m. Eastern Time (ET) Monday
through Thursday or from 8:00 a.m. to
SUMMARY:
PO 00000
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11:30 a.m. ET on Fridays in the FCC
Reference Information Center, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. The Auction
902 Public Notices, including
attachments and related Commission
documents, also 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, DA 13–1986 and
DA 13–1978 for the Auction 902 Public
Notices. The Auction 902 Public
Notices, including attachments and
related Commission documents, also are
available on the Internet at the
Commission’s Web site: https://
wireless.fcc.gov/auctions/902/, or by
using the search function for AU Docket
No. 13–53 on the Commission’s
Electronic Comment Filing System
(ECFS) Web page at https://www.fcc.gov/
cgb/ecfs/.
Short-Form Application Filing Window
Rescheduled To Open on September 30,
2013
1. The Bureaus announce that the
filing window for short-form
applications to participate in Auction
902, the reverse auction that will award
up to $50 million in one-time Tribal
Mobility Fund Phase I support, will
now open at 12 noon Eastern Time (ET)
on September 30, 2013. This filing
window was previously scheduled to
open on September 25, 2013, but the
opening has been delayed to provide
time for implementing revisions to the
list of census blocks to be eligible for
support in this auction. The Auction
902 filing window will remain open on
a 24 hour basis from 12 noon ET on
September 30, 2013, until 6:00 p.m. ET
on October 9, 2013. All other dates and
deadlines for Auction 902 remain as
previously announced.
2. An online tutorial, which provides
information about pre-auction
procedures, completing short-form
applications, auction conduct, the FCC
Auction System, auction rules, and
Mobility Fund rules, available at
https://wireless.fcc.gov/auctions/902/
will be updated prior to the opening of
the short-form application filing
window to reflect this new opening
date.
List of Eligible Areas Updated
3. The Bureaus release an updated list
of eligible areas for Auction 902. The
updated list (1) reflects changes to the
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
eligible areas for Auction 902 based on
authorizations of support and default
determinations from the initial auction
of Mobility Fund Phase I support
(Auction 901), and (2) incorporates 40
additional census blocks in
northwestern New Mexico based on a
partial grant of a petition for
reconsideration.
4. The updated list of bidding areas is
released as Attachment A to the Auction
902 Public Notice released on
September 27, 2013. An updated
version of the file containing detailed
information about the census blocks of
all of the bidding areas is available on
the Auction 902 Web site at https://
wireless.fcc.gov/auctions/902.
Changes Based on Auction 901
Authorizations and Defaults
5. The eligible areas for Tribal
Mobility Fund Phase I (Auction 902)
have been updated to reflect Auction
901 support authorizations and default
determinations. In the list of bidding
areas released with the Auction 902
Procedures Public Notice, 78 FR 56875,
September 16, 2013, the Bureaus
identified with an asterisk the items
with one or more census blocks that
were the subject of a winning bid in
Auction 901 for which the relevant
long-form application remained
pending. The Bureaus explained that, if
any winning bids from Auction 901
covering blocks that would otherwise be
eligible for Auction 902 could not be
authorized prior to Auction 902, then
such eligible blocks would be made
available in the auction. The Bureaus
explained that they would exclude
certain blocks if they were to authorize
Auction 901 support in those blocks
prior to Auction 902.
6. The Bureaus announce the removal
of certain census blocks for which
support has been authorized for Auction
901 winning bids, as these areas will not
be available for support in Auction 902.
Also, for those blocks on which Auction
901 winning bidders have defaulted, the
Bureaus removed the asterisks in the list
that previously identified the relevant
census blocks as having received
winning bids in Auction 901, and these
areas will be eligible for bidding in
Auction 902. Some Auction 901 longform applications remain pending, and
the Bureaus plan to update the list of
Auction 902 eligible areas prior to the
date of the auction to reflect any further
Auction 901 authorizations of support
or default determinations.
Addition of Certain Blocks in
Northwestern New Mexico
7. The Bureaus grant in part a petition
for reconsideration of the Auction 902
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Jkt 232001
Procedures Public Notice and they add
certain census blocks in northwestern
New Mexico to the list of eligible areas
for Auction 902. Specifically, the
Bureaus add census blocks that were
drive tested, but only to the extent that
such blocks are on Tribal lands, are
populated, and are not served, as
demonstrated in the record, by other
carriers.
8. The petitioner sought
reconsideration of the Bureaus’
determination in the Auction 902
Procedures Public Notice, that the
petitioner had submitted drive test data
that was not sufficiently verifiable to
justify the addition of the census blocks
requested. In support of its request that
several thousand census blocks in
northwestern New Mexico be added to
the list of eligible areas for Auction 902,
the petition for reconsideration provides
additional information regarding the
drive tests that the petitioner previously
had conducted in support of its
comments, including a certified
statement from a radiofrequency
engineer who conducted the drive tests.
The petitioner also supplied two lists of
census blocks, one listing census blocks
containing roads on which it had
conducted tests and the second listing
untested areas. Three commenters
jointly oppose the petition, contending
that the petitioner did not test one
network at all, and thus that it is
probable that the petitioner’s drive test
failed to identify the presence of 4G 700
MHz operations in certain census
blocks. The petitioner concedes that it
did not test this network. The joint filers
also argue that the Bureaus should not
consider the petitioner’s additional
information. Another commenter asserts
that it provides service to certain census
blocks in these areas using the 850 MHz
band. This commenter claims that the
petitioner did not test the 850 MHz
frequency. The petitioner does not
respond to this comment.
9. The Bureaus find that it is in the
public interest to consider the
additional information provided in the
petition for reconsideration. The
Bureaus note that the petition does not
present wholly new evidence or newly
discovered evidence, but rather more
fully explains the drive tests that the
petitioner already conducted. However,
in light of the Commission’s goal of
promoting provision of 3G or better
mobile voice and broadband services to
Tribal lands that lack such services, the
Bureaus believe that consideration of
the information in the petition is
warranted.
10. The Bureaus grant the petition as
to certain census blocks in which the
petitioner conducted drive tests that
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61351
show no 3G or 4G service. The Bureaus
are not, however, persuaded by the
petitioner’s argument that nearby census
blocks untested by the petitioner should
be presumed to have a similar lack of 3G
or better service. Such an assumption is
not sufficient to rebut the Mosaik data
indicating that 3G or better service is
available in those areas. The Bureaus
also will not add census blocks where
other carriers show that they provide 3G
or better mobile voice and broadband
service. The petitioner admits that it did
not conduct testing of one network, and
thus it fails to rebut that carrier’s
showing regarding its service coverage,
which includes maps, an explanation of
methodologies for determining
coverage, and certifications as to the
veracity of the material provided. In
addition, the petitioner’s earlier
uncertified statement that it tested
another carrier’s 850 MHz frequencies is
insufficient to rebut the evidence
submitted by that carrier regarding its
service coverage, which includes a map,
an explanation of methodologies for
determining coverage, and certifications
as to the veracity of the material
provided. Finally, Tribal Mobility Fund
Phase I support is only available in
populated census blocks on Tribal
lands. The Bureaus therefore will not
add census blocks that have a
population of zero, and they will not
add census blocks that are beyond the
external borders of the Navajo Nation
(and that are not otherwise identified as
Tribal lands in the 2010 Census data).
The Bureaus also note that some of the
census blocks that the petitioner
requested were already included in the
list of eligible areas. In sum, the Bureaus
add 40 census blocks that the petitioner
drive tested, that are not served by other
carriers, as demonstrated in the record,
and that are both located on Tribal lands
and populated. A list of those 40 census
blocks is provided as Attachment B to
the Auction 902 Public Notice released
on September 27, 2013.
Eligible Areas Map and GIS Data
11. The interactive map of eligible
areas has been updated to reflect these
changes to the eligible areas for Auction
902. The link to the interactive map is
available on the Auction 902 Web site
at https://wireless.fcc.gov/auctions/902/,
and the map itself is at https://
www.fcc.gov/maps/tribal-mobility-fundphase-1-eligible-areas. The Bureaus are
also making available geographic
information system (GIS) data for the
eligible areas. The GIS data, which is
simply another format of the eligible
census block data, is being provided as
a downloadable shapefile that is
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61352
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
available on the Auction 902 Web site
at https://wireless.fcc.gov/auctions/902/.
Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access
Division, WTB.
[FR Doc. 2013–24303 Filed 10–2–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL RESERVE SYSTEM
tkelley on DSK3SPTVN1PROD with NOTICES
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than October
17, 2013.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. Jay D. Bergman, Joliet, Illinois, to
acquire voting shares of Community
Holdings Corp., Palos Hills, Illinois; and
thereby indirectly acquire voting shares
of FirstSecure Bank and Trust Company,
Palos Hill, IL.
B. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480–0291:
1. Roderick J. Heneman, Warroad,
Minnesota; to retain voting shares of
Warroad Bancshares, Inc., and thereby
indirectly retain voting shares of
Security State Bank of Warroad, both in
Warroad, Minnesota.
C. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Christopher S. Caley, Silver Creek,
Nebraska; to retain voting shares of
Clark Bancshares, Inc., and thereby
indirectly retain voting shares of Bank
of Clarks, both in Clarks, Nebraska.
2. Glory Burns, Fort Collins, Colorado,
Robin Isham, Templeton, California,
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18:29 Oct 02, 2013
Jkt 232001
Andrea Voss, Chadron, Nebraska, Julie
Jennings, Lone Tree, Colorado, and R.
Will Isham, Gordon, Nebraska, in their
individual capacities and as fiduciaries
of the following trusts: E. Joy Isham
Irrevocable Trust, and the RWI Marital
Deduction Testamentary Trust, both of
Gordon, Nebraska, all as members of the
Isham Family Group, to retain shares of
Isham Management Company, and
therby retain shares of The First
National Bank of Gordon, both of
Gordon, Nebraska.
1. Community & Southern Holdings,
Inc., Atlanta, Georgia; to merge with
Verity Capital Group, Inc., and thereby
indirectly acquire Verity Bank, both in
Winder, Georgia.
B. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Summerfield Financial Services,
LLC, Lincoln, Nebraska; to acquire 100
percent of the voting shares of State
Bank of Chester, Chester, Nebraska.
Board of Governors of the Federal Reserve
System, September 27, 2013.
Michael J. Lewandowski,
Associate Secretary of the Board.
Board of Governors of the Federal Reserve
System, September 27, 2013.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2013–24101 Filed 10–2–13; 8:45 am]
[FR Doc. 2013–24100 Filed 10–2–13; 8:45 am]
BILLING CODE 6210–01–P
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
FEDERAL TRADE COMMISSION
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
Agency Information Collection
Activities; Proposed Collection;
Comment Request
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications will also be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than October 28,
2013.
A. Federal Reserve Bank of Atlanta
(Chapelle Davis, Assistant Vice
President) 1000 Peachtree Street NE.,
Atlanta, Georgia 30309:
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AGENCY:
Federal Trade Commission
(FTC).
Notice and request for public
comment.
ACTION:
The FTC is soliciting public
comments on proposed information
requests to Patent Assertion Entities
(‘‘PAEs’’) and other entities asserting
patents in the wireless communications
sector, including manufacturers and
other non-practicing entities and
organizations engaged in licensing. For
purposes of this notice, PAEs are firms
with a business model based primarily
on purchasing patents and then
attempting to generate revenue by
asserting the intellectual property
against persons who are already
practicing the patented technology.1
These comments will be considered
before the FTC submits a request for
Office of Management and Budget
(OMB) review of the compulsory
process orders described in this notice
under the Paperwork Reduction Act
(PRA). The compulsory process orders
will seek information from those firms
concerning, among other things, patent
acquisition, litigation, and licensing
practices.
SUMMARY:
Comments must be received on
or before December 2, 2013.
DATES:
1 The Commission distinguishes PAEs from other
non-practicing entities or NPEs that primarily seek
to develop and transfer technology, such as
universities, research entities and design firms. Fed.
Trade Comm’n, The Evolving IP Marketplace:
Aligning Patent Notice and Remedies With
Competition, 8 n.5 (2011), available at https://
www.ftc.gov/os/2011/03/110307patentreport.pdf.
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]]>Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61350-61352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24303]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[AU Docket No. 13-53; DA 13-1986, DA 13-1978]
Tribal Mobility Fund Phase I Auction (Auction 902); Short-Form
Application Filing Window Rescheduled To Open on September 30, 2013;
Updated List of Eligible Areas; Petition for Reconsideration of Auction
902 Procedures Public Notice Granted in Part
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireless Telecommunications and Wireline
Competition Bureaus (Bureaus) announce the rescheduling of the filing
window for short-form applications and release an updated list of
eligible areas for Auction 902.
FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau,
Auctions and Spectrum Access Division: For Tribal Mobility Fund Phase I
questions: Patricia Robbins at (202) 418-0660. To request materials in
accessible formats (Braille, large print, electronic files, audio
format) for people with disabilities, send an email to fcc504@fcc.gov
or call the Consumer and Governmental Affairs Bureau at (202) 418-0530
or (202) 418-0432 (TTY).
SUPPLEMENTARY INFORMATION: This is a summary of the Auction 902 Public
Notices released on September 25 and 27, 2013. The complete text of the
Auction 902 Public Notices, including attachments and related
Commission documents, are available for public inspection and copying
from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday
or from 8:00 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 Auction 902 Public Notices, including attachments and
related Commission documents, also 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,
DA 13-1986 and DA 13-1978 for the Auction 902 Public Notices. The
Auction 902 Public Notices, including attachments and related
Commission documents, also are available on the Internet at the
Commission's Web site: https://wireless.fcc.gov/auctions/902/, or by
using the search function for AU Docket No. 13-53 on the Commission's
Electronic Comment Filing System (ECFS) Web page at https://www.fcc.gov/cgb/ecfs/.
Short-Form Application Filing Window Rescheduled To Open on September
30, 2013
1. The Bureaus announce that the filing window for short-form
applications to participate in Auction 902, the reverse auction that
will award up to $50 million in one-time Tribal Mobility Fund Phase I
support, will now open at 12 noon Eastern Time (ET) on September 30,
2013. This filing window was previously scheduled to open on September
25, 2013, but the opening has been delayed to provide time for
implementing revisions to the list of census blocks to be eligible for
support in this auction. The Auction 902 filing window will remain open
on a 24 hour basis from 12 noon ET on September 30, 2013, until 6:00
p.m. ET on October 9, 2013. All other dates and deadlines for Auction
902 remain as previously announced.
2. An online tutorial, which provides information about pre-auction
procedures, completing short-form applications, auction conduct, the
FCC Auction System, auction rules, and Mobility Fund rules, available
at https://wireless.fcc.gov/auctions/902/ will be updated prior to the
opening of the short-form application filing window to reflect this new
opening date.
List of Eligible Areas Updated
3. The Bureaus release an updated list of eligible areas for
Auction 902. The updated list (1) reflects changes to the
[[Page 61351]]
eligible areas for Auction 902 based on authorizations of support and
default determinations from the initial auction of Mobility Fund Phase
I support (Auction 901), and (2) incorporates 40 additional census
blocks in northwestern New Mexico based on a partial grant of a
petition for reconsideration.
4. The updated list of bidding areas is released as Attachment A to
the Auction 902 Public Notice released on September 27, 2013. An
updated version of the file containing detailed information about the
census blocks of all of the bidding areas is available on the Auction
902 Web site at https://wireless.fcc.gov/auctions/902.
Changes Based on Auction 901 Authorizations and Defaults
5. The eligible areas for Tribal Mobility Fund Phase I (Auction
902) have been updated to reflect Auction 901 support authorizations
and default determinations. In the list of bidding areas released with
the Auction 902 Procedures Public Notice, 78 FR 56875, September 16,
2013, the Bureaus identified with an asterisk the items with one or
more census blocks that were the subject of a winning bid in Auction
901 for which the relevant long-form application remained pending. The
Bureaus explained that, if any winning bids from Auction 901 covering
blocks that would otherwise be eligible for Auction 902 could not be
authorized prior to Auction 902, then such eligible blocks would be
made available in the auction. The Bureaus explained that they would
exclude certain blocks if they were to authorize Auction 901 support in
those blocks prior to Auction 902.
6. The Bureaus announce the removal of certain census blocks for
which support has been authorized for Auction 901 winning bids, as
these areas will not be available for support in Auction 902. Also, for
those blocks on which Auction 901 winning bidders have defaulted, the
Bureaus removed the asterisks in the list that previously identified
the relevant census blocks as having received winning bids in Auction
901, and these areas will be eligible for bidding in Auction 902. Some
Auction 901 long-form applications remain pending, and the Bureaus plan
to update the list of Auction 902 eligible areas prior to the date of
the auction to reflect any further Auction 901 authorizations of
support or default determinations.
Addition of Certain Blocks in Northwestern New Mexico
7. The Bureaus grant in part a petition for reconsideration of the
Auction 902 Procedures Public Notice and they add certain census blocks
in northwestern New Mexico to the list of eligible areas for Auction
902. Specifically, the Bureaus add census blocks that were drive
tested, but only to the extent that such blocks are on Tribal lands,
are populated, and are not served, as demonstrated in the record, by
other carriers.
8. The petitioner sought reconsideration of the Bureaus'
determination in the Auction 902 Procedures Public Notice, that the
petitioner had submitted drive test data that was not sufficiently
verifiable to justify the addition of the census blocks requested. In
support of its request that several thousand census blocks in
northwestern New Mexico be added to the list of eligible areas for
Auction 902, the petition for reconsideration provides additional
information regarding the drive tests that the petitioner previously
had conducted in support of its comments, including a certified
statement from a radiofrequency engineer who conducted the drive tests.
The petitioner also supplied two lists of census blocks, one listing
census blocks containing roads on which it had conducted tests and the
second listing untested areas. Three commenters jointly oppose the
petition, contending that the petitioner did not test one network at
all, and thus that it is probable that the petitioner's drive test
failed to identify the presence of 4G 700 MHz operations in certain
census blocks. The petitioner concedes that it did not test this
network. The joint filers also argue that the Bureaus should not
consider the petitioner's additional information. Another commenter
asserts that it provides service to certain census blocks in these
areas using the 850 MHz band. This commenter claims that the petitioner
did not test the 850 MHz frequency. The petitioner does not respond to
this comment.
9. The Bureaus find that it is in the public interest to consider
the additional information provided in the petition for
reconsideration. The Bureaus note that the petition does not present
wholly new evidence or newly discovered evidence, but rather more fully
explains the drive tests that the petitioner already conducted.
However, in light of the Commission's goal of promoting provision of 3G
or better mobile voice and broadband services to Tribal lands that lack
such services, the Bureaus believe that consideration of the
information in the petition is warranted.
10. The Bureaus grant the petition as to certain census blocks in
which the petitioner conducted drive tests that show no 3G or 4G
service. The Bureaus are not, however, persuaded by the petitioner's
argument that nearby census blocks untested by the petitioner should be
presumed to have a similar lack of 3G or better service. Such an
assumption is not sufficient to rebut the Mosaik data indicating that
3G or better service is available in those areas. The Bureaus also will
not add census blocks where other carriers show that they provide 3G or
better mobile voice and broadband service. The petitioner admits that
it did not conduct testing of one network, and thus it fails to rebut
that carrier's showing regarding its service coverage, which includes
maps, an explanation of methodologies for determining coverage, and
certifications as to the veracity of the material provided. In
addition, the petitioner's earlier uncertified statement that it tested
another carrier's 850 MHz frequencies is insufficient to rebut the
evidence submitted by that carrier regarding its service coverage,
which includes a map, an explanation of methodologies for determining
coverage, and certifications as to the veracity of the material
provided. Finally, Tribal Mobility Fund Phase I support is only
available in populated census blocks on Tribal lands. The Bureaus
therefore will not add census blocks that have a population of zero,
and they will not add census blocks that are beyond the external
borders of the Navajo Nation (and that are not otherwise identified as
Tribal lands in the 2010 Census data). The Bureaus also note that some
of the census blocks that the petitioner requested were already
included in the list of eligible areas. In sum, the Bureaus add 40
census blocks that the petitioner drive tested, that are not served by
other carriers, as demonstrated in the record, and that are both
located on Tribal lands and populated. A list of those 40 census blocks
is provided as Attachment B to the Auction 902 Public Notice released
on September 27, 2013.
Eligible Areas Map and GIS Data
11. The interactive map of eligible areas has been updated to
reflect these changes to the eligible areas for Auction 902. The link
to the interactive map is available on the Auction 902 Web site at
https://wireless.fcc.gov/auctions/902/, and the map itself is at https://www.fcc.gov/maps/tribal-mobility-fund-phase-1-eligible-areas. The
Bureaus are also making available geographic information system (GIS)
data for the eligible areas. The GIS data, which is simply another
format of the eligible census block data, is being provided as a
downloadable shapefile that is
[[Page 61352]]
available on the Auction 902 Web site at https://wireless.fcc.gov/auctions/902/.
Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2013-24303 Filed 10-2-13; 8:45 am]
BILLING CODE 6712-01-P
