Service Rules for the Advanced Wireless Services H Block-Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz Bands, 7587-7589 [2014-02826]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Rules and Regulations]
[Pages 7587-7589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02826]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 27

[WT Docket No. 12-357; FCC 13-88]


Service Rules for the Advanced Wireless Services H Block-
Implementing Section 6401 of the Middle Class Tax Relief and Job 
Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz 
Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years 
revisions to FCC Form 603, OMB Control Number 3060-0800, and FCC Form 
608, OMB Control Number 3060-1058, associated with the Commission's 
Report and Order (R&O), Service Rules for the Advanced Wireless 
Services H Block-Implementing Section 6401 of the Middle Class Tax 
Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz and 
1995-2000 MHz Bands. A notice announcing the effective date of the 
service rules and revisions to the FCC Form 601 was published on 
January 17, 2014 in the Federal Register.

DATES: The rules Sec. Sec.  1.946, 27.10, 27.12, and 27.17 effective on 
January 17, 2014, pursuant to a rule published at 79 FR 3133 (January 
17, 2014). The corresponding revisions to the existing collections on 
FCC Form 603, OMB Control Number 3060-0800, and FCC Form 608, OMB 
Control Number 3060-1058, are effective February 10, 2014.

FOR FURTHER INFORMATION CONTACT: Dorothy Stifflemire, Wireless 
Telecommunications Technologies, Systems Innovation Division, at (202) 
418-7349 or by email at Dorothy.Stifflemire@fcc.gov 
Dorothy.Stifflemire@fcc.gov.

SUPPLEMENTARY INFORMATION: This document announces that, on January 27, 
2014, OMB approved, for a period of three years, the revised 
information collection requirements for the FCC Forms 603 and 608 that 
were submitted to OMB for review and described in a 30-day notice 
published at 78 FR 77676, December 24, 2013. These OMB approved 
revisions add the national security certification required by Sec.  
6004 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 
U.S.C 1404, to the FCC Forms 603 and 608. The Commission has already 
obtained OMB approval for revisions to its previously-approved 
information collections for FCC Forms 175 and 601. The effective date 
for the revisions to the existing collection on FCC Form 175 has been 
published. See H Block Report and Order (Revisions to FCC Form 175, OMB 
Control 3060-0600), Effective Date Notice, published at 78 FR 66287 on 
November 5, 2013. The revisions to the existing collection on FCC Form 
601, OMB Control Number 3060-0798), Effective Date Notice, were 
published at 79 FR 3133 on January 17, 2014. See Notice of Office of 
Management and Budget Action, ICR Reference Number 201311-3060-018, FCC 
Application for Radio Service Authorization: WTB and PSHSB, FCC Form 
601, OMB Control 3060-0798, Approved without change on Jan. 2, 2014, 
available at https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=3060-0798#.
    If you have any comments on the burden estimates listed below, or 
how the Commission can improve the collections and reduce any burdens 
caused thereby, please contact Cathy Williams at (202) 418-2918 or via 
the Internet at Cathy.Williams@fcc.gov 
Cathy.Williams@fcc.gov. Please include the OMB 
Control Number 3060-0800 on correspondence regarding FCC Form 603, and 
OMB

[[Page 7588]]

Control Number 3060-1058 on correspondence regarding the FCC Form 608. 
The Commission will also accept your comments via email at PRA@fcc.gov 
PRA@fcc.gov.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

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 
January 27, 2014 for revisions to the FCC Forms 603 and 608 to add the 
national security certification required by Sec.  6004 of the Middle 
Class Tax Relief and Job Creation Act of 2012, 47 U.S.C 1404. 
Additionally, the FCC Forms 603 and 608 are revised to update the Alien 
Ownership certifications pursuant to the Second Report and Order, FCC 
13-50, IB Docket 11-133, Review of Foreign Ownership Policies for 
Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) 
of the Communications Act of 1934, as Amended, published at 78 FR 
41314-01 on July 10, 2013, available at https://www.gpo.gov/fdsys/pkg/FR-2013-07-10/pdf/2013-15314.pdf.
    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 Numbers are 3060-0800 and 3060-1058. 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: 3060-0800.
    OMB Approval Date: January 27, 2014.
    OMB Expiration Date: January 31, 2017.
    Title: FCC Application for Assignment of Authorization or Transfer 
of Control: WTB and PSHS Bureaus.
    Form Number: FCC Form 603.
    Respondents: Individuals or households, Business or other for-
profit entities, not-for-profit institutions, and State, local or 
tribal government.
    Number of Respondents and Responses: 2,447 respondents; 2,447 
responses.
    Estimated Time per Response: 0.5-1.75 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
47 U.S.C. 4(i), 154(i), 303(r) and 309(j).
    Total Annual Burden: 2,754 hours.
    Total Annual Cost: $366,975.
    Privacy Impact Assessment: Yes.
    Nature and Extent of Confidentiality: In general there is no need 
for confidentiality with this collection of information.
    Needs and Uses: FCC Form 603 is a multi-purpose form used to apply 
for approval of assignment or transfer of control of licenses in the 
wireless services. The data collected on this form is used by the FCC 
to determine whether the public interest would be served by approval of 
the requested assignment or transfer. This form is also used to notify 
the Commission of consummated assignments and transfers of wireless 
and/or public safety licenses that have previously been consented to by 
the Commission or for which notification but not prior consent is 
required. This form is used by applicants/licensees in the Public 
Mobile Services, Personal Communications Services, General Wireless 
Communications Services, Private Land Mobile Radio Services, Broadcast 
Auxiliary Services, Broadband Radio Services, Educational Radio 
Services, Fixed Microwave Services, Maritime Services (excluding 
ships), and Aviation Services (excluding aircraft).
    The purpose of this form is to obtain information sufficient to 
identify the parties to the proposed assignment or transfer, establish 
the parties basic eligibility and qualifications, classify the filing, 
and determine the nature of the proposed service. Various technical 
schedules are required along with the main form applicable to Auctioned 
Services, Partitioning and Disaggregation, Undefined Geographical Area 
Partitioning, Notification of Consummation or Request for Extension of 
Time for Consummation. The FCC Form 603 is revised to add a National 
Security Certification that is applicable to applicants for licenses 
issued pursuant to the Middle Class Tax Relief and Job Creation Act of 
2012 (the 2012 Spectrum Act). Sec.  6004 of the 2012 Spectrum Act, 47 
U.S.C. 1404, prohibits a person who has been, for reasons of national 
security, barred by any agency of the Federal Government from bidding 
on a contract, participating in an auction, or receiving a grant from 
participating in any auction that is required or authorized to be 
conducted pursuant to the 2012 Spectrum Act. On June 27, 2013, the 
Commission released a Report and Order (R&O), FCC 13-88, WT Docket No. 
12-357, in which it established service rules and competitive bidding 
procedures for the 1915-1920 MHz and 1995-2000 MHz bands. See Service 
Rules for the Advanced Wireless Services H Block-Implementing Section 
6401 of the Middle Class Tax Relief and Job Creation Act of 2012 
Related to the 1915-1920 MHz and 1995-2000 MHz Bands, Report and Order, 
FCC 13-88, 28 FCC Rcd 9483 (2013). The R&O also implemented Sec.  6004 
by requiring that a party seeking to participate in any auction 
conducted pursuant to the 2012 Spectrum Act certify in its application, 
under penalty of perjury, that the applicant and all of the related 
individuals and entities required to be disclosed on its application 
are not person(s) who have been, for reasons of national security, 
barred by any agency of the Federal Government from bidding on a 
contract, participating in an auction, or receiving a grant and thus 
statutorily prohibited from participating in such a Commission auction 
or being issued a license. In addition, the R&O determined that the 
National Security Certification required by Sec.  6004 extends to 
transfers, assignments, and other secondary market mechanisms involving 
licenses granted pursuant to the 2012 Spectrum Act. See H Block R&O, 28 
FCC Rcd at 9555 ] 187. OMB approved the revision to the collection for 
the FCC Form 603 to include this additional certification. The revised 
collection will enable the Commission to determine whether an 
applicant's request for a license pursuant to the 2012 Spectrum Act is 
consistent with Sec.  6004.
    Additionally, the FCC Form 603 is revised to update the Alien 
Ownership certifications pursuant to the Second Report and Order, FCC 
13-50, IB Docket 11-133, Review of Foreign Ownership Policies for 
Common Carrier and Aeronautical Radio Licensees under Sec.  310(b)(4) 
of the Communications Act of 1934, as Amended.
    The addition of the National Security Certification and the 
revision to the Alien Ownership certification resulted in no change in 
burden for the revised collection.
    OMB Control No.: 3060-1058.
    OMB Approval Date: January 27, 2014.

[[Page 7589]]

    OMB Expiration Date: January 31, 2017.
    Title: FCC Application or Notification for Spectrum Leasing 
Arrangement: Wireless Telecommunications Bureau and/or Public Safety 
and Homeland Security Bureau.
    Form No.: FCC Form 608.
    Respondents: Business or other for-profit; Not-for-profit 
institutions; and State, Local or Tribal government.
    Number of Respondents and Responses: 991 respondents; 991 
responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement, 
Recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for collection is contained in 47 U.S.C. 151, 
154(i), 154(j), 155, 158, 161, 301, 303(r), 308, 309, 310 and 503.
    Total Annual Burden: 991 hours.
    Total Annual Cost: $1,282,075.
    Privacy Act Impact Assessment: Not applicable.
    Nature and Extent of Confidentiality: In general there is no need 
for confidentiality with this collection of information.
    Needs and Uses: The FCC Form 608 is a multipurpose form. It is used 
to provide notification or request approval for any spectrum leasing 
arrangement (`Leases') entered into between an existing licensee 
(`Licensee') in certain wireless services and a spectrum lessee 
(`Lessee'). This form also is required to notify or request approval 
for any spectrum subleasing arrangement (`Sublease'). The data 
collected on the form is used by the FCC to determine whether the 
public interest would be served by the Lease or Sublease. The form is 
also used to provide notification for any Private Commons Arrangement 
entered into between a Licensee, Lessee, or Sublessee and a class of 
third-party users (as defined in Sec.  1.9080 of the Commission's 
Rules).
    The FCC Form 608 is revised to add a National Security 
Certification that is applicable to applicants for licenses issued 
pursuant to the Middle Class Tax Relief and Job Creation Act of 2012 
(2012 Spectrum Act). Sec.  6004 of the 2012 Spectrum Act, 47 U.S.C. 
1404, prohibits a person who has been, for reasons of national 
security, barred by any agency of the Federal Government from bidding 
on a contract, participating in an auction, or receiving a grant from 
participating in any auction that is required or authorized to be 
conducted pursuant to the 2012 Spectrum Act. On June 27, 2013, the 
Commission released a Report and Order (R&O), FCC 13-88, WT Docket No. 
12-357, in which it established service rules and competitive bidding 
procedures for the 1915-1920 MHz and 1995-2000 MHz bands. See Service 
Rules for the Advanced Wireless Services H Block-Implementing Section 
6401 of the Middle Class Tax Relief and Job Creation Act of 2012 
Related to the 1915-1920 MHz and 1995-2000 MHz Bands, Report and Order, 
FCC 13-88, 28 FCC Rcd 9483 (2013). The R&O also implemented Sec.  6004 
by requiring that a party seeking to participate in any auction 
conducted pursuant to the 2012 Spectrum Act certify in its application, 
under penalty of perjury, that the applicant and all of the related 
individuals and entities required to be disclosed on its application 
are not person(s) who have been, for reasons of national security, 
barred by any agency of the Federal Government from bidding on a 
contract, participating in an auction, or receiving a grant and thus 
statutorily prohibited from participating in such a Commission auction 
or being issued a license. In addition, the R&O determined that the 
National Security Certification required by Sec.  6004 extends to 
transfers, assignments, and other secondary market mechanisms involving 
licenses granted pursuant to the 2012 Spectrum Act. See H Block R&O, 28 
FCC Rcd at 9555 ] 187. OMB approved the revision to the collection for 
the FCC Form 608 to include this additional certification. The revised 
collection will enable the Commission to determine whether an 
applicant's request for a license pursuant to the 2012 Spectrum Act is 
consistent with Sec.  6004. Additionally, the FCC Form 608 is revised 
to update the Alien Ownership certifications pursuant to the Second 
Report and Order, FCC 13-50, IB Docket 11-133, Review of Foreign 
Ownership Policies for Common Carrier and Aeronautical Radio Licensees 
under Sec.  310(b)(4) of the Communications Act of 1934, as Amended. 
The addition of the National Security Certification and the revision to 
the Alien Ownership certification result in no change in burden for the 
revised collection. The Commission estimates that the additional 
certification will not measurably increase the estimated average amount 
of time for respondents to complete FCC Form 608 across the range of 
applicants or for Commission staff to review the applications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2014-02826 Filed 2-7-14; 8:45 am]
BILLING CODE 6712-01-P