DISH Network Corporation, Petition for Waiver and Request for Extension of Time, 10149-10150 [2014-03888]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Notices Order and Memorandum Opinion and Order; Second Order on Reconsideration; CC Docket No. 99–273, First Report and Order. Form Number: N/A. Type of Review: Reinstatement without change of a previously approved collection. Respondents: Business or other forprofit. Number of Respondents and Responses: 5,907 respondents; 573,767 responses. (The respondents are now more likely to be using advanced IT software, automation, and standardized business practices to respond to a request for the sharing of directory listings, which accounts for their ability to provide a greater number of responses each year with a reduced incremental burden.) Estimated Time per Response: 1 hour to 547,500 hours. Frequency of Response: Annual, on occasion, and one time reporting requirements, recordkeeping requirement and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151, 153, 154, 201, 222 and 251. Total Annual Burden: 575,448 hours. Total Annual Cost: No cost(s). Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: The Commission is not requesting respondents to submit confidential information to the Commission. If the Commission requests that carriers or providers submit information which they believe is confidential, the carriers or providers may request confidential treatment of their information under 47 CFR 0.459 of the Commission’s rules. Needs and Uses: In April 1996, the Commission issued a Notice of Proposed Rulemaking (NPRM) concerning certain provisions in the Telecommunications Act of 1996 (‘‘the Act’’), including section 251. Section 251 is designed to accelerate private sector development and deployment of telecommunications technologies and services by spurring competition. The Commission adopted rules and regulations designed to implement certain provisions of section 251, and to eliminate operational barriers to competition in the telecommunications services markets. Federal Communications Commission. Gloria J. Miles, Federal Register Liaison, Office of the Secretary, Office of Managing Director. [FR Doc. 2014–03743 Filed 2–21–14; 8:45 am] BILLING CODE 6712–01–P VerDate Mar<15>2010 17:16 Feb 21, 2014 Jkt 232001 FEDERAL COMMUNICATIONS COMMISSION [WT Docket No. 13–225; DA 13–2409] DISH Network Corporation, Petition for Waiver and Request for Extension of Time Federal Communications Commission. ACTION: Notice. AGENCY: In this document, the Federal Communications Commission (Commission), Wireless Telecommunications Bureau provides notice of a Memorandum Opinion and Order in which it granted waivers to DISH Network Corporation, subject to certain conditions, in response to a petition filed by DISH to provide DISH with flexibility to elect whether to use 20 megahertz of Advanced Wireless Services–4 (AWS–4) spectrum at 2000– 2020 MHz (the Lower AWS–4 Band) for uplink or downlink operations. FOR FURTHER INFORMATION CONTACT: Matthew Pearl, Broadband Division, Wireless Telecommunications Bureau, at (202) 418–2607 or by email at Matthew.Pearl@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Memorandum Opinion and Order, DA 13–2409, adopted and released on December 20, 2013. The full text of this document is available for public inspection and copying during normal business hours in the FCC Reference Information Center, 445 12th Street SW., Room CY–A257, Washington, DC 20554. The complete text of the Memorandum Opinion and Order and related Commission documents may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street SW., Room CY–B402, Washington, DC 20554, via telephone at (202) 488–5300, via facsimile at (202) 488–5563, or via email at the Commission’s Web site at https:// hraunfoss.fcc.gov/edocs_public/ attachmatch/DA 13-2409A1.docx. Alternative formats (computer diskette, large print, audio cassette, and Braille) are available by contacting Brian Millin at (202) 418–7426, TTY (202) 418–7365, or via email to bmillin@fcc.gov. SUMMARY: Summary 1. On December 20, 2013, the Wireless Telecommunications Bureau (the Bureau) granted to DISH Network Corporation (DISH) waivers of the Commission’s rules, subject to certain conditions, in response to a petition filed by DISH to provide DISH with PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 10149 flexibility to elect whether to use 20 megahertz of Advanced Wireless Services–4 (AWS–4) spectrum at 2000– 2020 MHz (the Lower AWS–4 Band) for uplink or downlink operations. The Bureau also waived DISH’s final AWS– 4 build-out milestone, extending the deadline from seven to eight years. See DISH Network Corporation, Petition for Waiver of §§ 27.5(j) and 27.53(h)(2)(ii) and Request for Extension of Time, WT Docket No. 13–225 (filed Sept. 9, 2013) (‘‘DISH Petition’’). DISH filed its waiver request on behalf of itself and its wholly owned subsidiaries Gamma Acquisitions L.L.C. and New DBSD Satellite Services G.P. Id. at 1. This Summary refers to DISH Network Corporation and these subsidiaries collectively as ‘‘DISH.’’ In granting this relief, the Bureau determined that, provided DISH complies with several conditions, the request meets the Commission’s general waiver standard as well as requirements specific to wireless services. The decision to grant DISH an extension of time and the flexibility to elect whether to use the Lower AWS–4 Band for uplink or downlink operations was effective upon release of the Memorandum Opinion and Order on December 20, 2013. 2. The Bureau’s grant of the requested waivers was subject to DISH meeting the following two conditions. First, pursuant to commitments made in its waiver request, DISH must bid in the upcoming H Block auction ‘‘either directly or indirectly through an affiliated entity or designated entity, at least a net clearing price’’ equal to the aggregate reserve price set for that auction of $1.564 billion. See Auction of H Block Licenses in the 1915–1920 MHz and 1995–2000 MHz Bands Scheduled for January 14, 2014; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and other Procedures for Auction 96, AU Docket No. 13–178, Public Notice, 28 FCC Rcd 13019, 13064 para. 172 (WTB 2013) (‘‘Auction 96 Procedures PN’’); NTCH, Inc. Petition for Reconsideration of Public Notice Announcing Procedures and Reserve Price for Auction of H Block Licenses (Auction 96), AU Docket No. 13–176, Memorandum Opinion and Order, DA 13–2281 (WTB/Auctions Division, Nov. 27, 2013) (‘‘Auction 96 Procedures PN Recon Order’’). Second, DISH must file its uplink or downlink election, which shall apply to all AWS–4 licenses, as soon as commercially practicable but no later than 30 months after the release date of the Bureau’s Memorandum Opinion and Order. Failure by DISH to comply with either of these conditions will automatically terminate the waivers E:\FR\FM\24FEN1.SGM 24FEN1 10150 Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Notices granted in the Bureau’s Memorandum Opinion and Order. 3. In the event that DISH first preserves its election ability and then elects to use its Lower AWS–4 Band spectrum for downlink operations, the Bureau specified the technical parameters such operations must meet to avoid causing harmful interference to licensees of nearby spectrum bands. These parameters are similar to those established for similar AWS and PCS downlink bands, including the AWS–1 downlink band. 4. In granting the DISH Petition, the Bureau declined to grant Sprint’s request that it impose a specific cost sharing payment condition upon DISH should it be a winning bidder in the H Block auction, because that payment requirement is already established by the Commission’s rules applicable to any winning bidder in that auction. The Bureau also declined to address in the Memorandum Opinion and Order Sprint’s request that it issue a blanket waiver to all future H Block licensees of certain H Block technical rules. Finally, the Bureau rejected NTCH’s various arguments requesting that it deny or delay consideration of the DISH Petition. Federal Communications Commission. Blaise A. Scinto, Chief, Broadband Division, Wireless Telecommunications Bureau. [FR Doc. 2014–03888 Filed 2–21–14; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. AGENCY: In accordance with the requirements of the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. chapter 35), the FDIC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. As part of its continuing effort to reduce paperwork and respondent burden, the FDIC invites the general public and other Federal agencies to take this opportunity to comment on the proposed extension, without change, of its information collection entitled Regulatory Capital Rules (OMB No. mstockstill on DSK4VPTVN1PROD with NOTICES VerDate Mar<15>2010 17:16 Feb 21, 2014 Jkt 232001 This notice requests public comment on the FDIC’s request for extension of OMB’s approval of the Regulatory Capital Rules information collection more fully described below. OMB approved the ICR under emergency procedures for review and clearance in accordance with the PRA. The FDIC is not proposing any changes to the existing ICR at this time. A description of the collection and the current burden estimates follows: SUPPLEMENTARY INFORMATION: Agency Information Collection Activities: Proposed Extension of Information Collection; Comment Request Re: Regulatory Capital Rules SUMMARY: 3064–0153). A copy of previous information collection requests (ICRs) associated with this collection may be obtained by contacting the office listed in the ADDRESSES section of this notice. Previous ICRs are also available at reginfo.gov (https://www.reginfo.gov/ public/do/PRAMain). DATES: Comments must be submitted on or before April 25, 2014. ADDRESSES: Interested parties are invited to submit written comments to the FDIC by any of the following methods: • https://www.FDIC.gov/regulations/ laws/federal/notices.html. • Email: comments@fdic.gov Include the name of the collection in the subject line of the message. • Mail: Leneta G. Gregorie (202–898– 3719), Counsel, Room NYA–5050, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429. • Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m. All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Leneta Gregorie, at the FDIC address above. Proposal To Extend the Following Currently Approved Collection of Information Title: Regulatory Capital Rules. OMB Number: 3064–0153. Affected Public: State nonmember banks, state savings associations, and certain subsidiaries of those entities. Estimated Number of Respondents: Advanced approaches—8; Minimum capital ratios—4,571; Standardized approach—4,571. Frequency of response: Occasional. Estimated Time per Response: Varied. PO 00000 Frm 00066 Fmt 4703 Sfmt 9990 Total Estimated Annual Burden: 737,275 hours. General Description of Collection: This collection comprises the disclosure and recordkeeping requirements associated with minimum capital requirements and overall capital adequacy standards for insured state nonmember banks, state savings associations, and certain subsidiaries of those entities. The capital standards are consistent with agreements reached by the Basel Committee on Banking Supervision (BCBS) in ‘‘Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems,’’ and with section 171 of the Dodd-Frank Act, which requires establishment of minimum risk-based and leverage capital requirements, and with section 939A of the Dodd-Frank Act, which requires the use of alternatives to credit ratings for calculating risk-weighted assets. The data is used by the FDIC to evaluate capital before approving various applications by insured depository institutions, to evaluate capital as an essential component in determining safety and soundness, and to determine whether an institution is subject to prompt corrective action provisions. Request for Comment Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC’s functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record. Dated at Washington, DC, this 19th day of February, 2014. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2014–03818 Filed 2–21–14; 8:45 am] BILLING CODE 6714–01–P E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10149-10150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03888]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 13-225; DA 13-2409]


DISH Network Corporation, Petition for Waiver and Request for 
Extension of Time

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission), Wireless Telecommunications Bureau provides notice of a 
Memorandum Opinion and Order in which it granted waivers to DISH 
Network Corporation, subject to certain conditions, in response to a 
petition filed by DISH to provide DISH with flexibility to elect 
whether to use 20 megahertz of Advanced Wireless Services-4 (AWS-4) 
spectrum at 2000-2020 MHz (the Lower AWS-4 Band) for uplink or downlink 
operations.

FOR FURTHER INFORMATION CONTACT: Matthew Pearl, Broadband Division, 
Wireless Telecommunications Bureau, at (202) 418-2607 or by email at 
Matthew.Pearl@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, DA 13-2409, adopted and released on 
December 20, 2013. The full text of this document is available for 
public inspection and copying during normal business hours in the FCC 
Reference Information Center, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. The complete text of the Memorandum Opinion and 
Order and related Commission documents may be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCPI), Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-
5563, or via email at the Commission's Web site at https://hraunfoss.fcc.gov/edocs_public/attachmatch/DA 13-2409A1.docx. 
Alternative formats (computer diskette, large print, audio cassette, 
and Braille) are available by contacting Brian Millin at (202) 418-
7426, TTY (202) 418-7365, or via email to bmillin@fcc.gov.

Summary

    1. On December 20, 2013, the Wireless Telecommunications Bureau 
(the Bureau) granted to DISH Network Corporation (DISH) waivers of the 
Commission's rules, subject to certain conditions, in response to a 
petition filed by DISH to provide DISH with flexibility to elect 
whether to use 20 megahertz of Advanced Wireless Services-4 (AWS-4) 
spectrum at 2000-2020 MHz (the Lower AWS-4 Band) for uplink or downlink 
operations. The Bureau also waived DISH's final AWS-4 build-out 
milestone, extending the deadline from seven to eight years. See DISH 
Network Corporation, Petition for Waiver of Sec. Sec.  27.5(j) and 
27.53(h)(2)(ii) and Request for Extension of Time, WT Docket No. 13-225 
(filed Sept. 9, 2013) (``DISH Petition''). DISH filed its waiver 
request on behalf of itself and its wholly owned subsidiaries Gamma 
Acquisitions L.L.C. and New DBSD Satellite Services G.P. Id. at 1. This 
Summary refers to DISH Network Corporation and these subsidiaries 
collectively as ``DISH.'' In granting this relief, the Bureau 
determined that, provided DISH complies with several conditions, the 
request meets the Commission's general waiver standard as well as 
requirements specific to wireless services. The decision to grant DISH 
an extension of time and the flexibility to elect whether to use the 
Lower AWS-4 Band for uplink or downlink operations was effective upon 
release of the Memorandum Opinion and Order on December 20, 2013.
    2. The Bureau's grant of the requested waivers was subject to DISH 
meeting the following two conditions. First, pursuant to commitments 
made in its waiver request, DISH must bid in the upcoming H Block 
auction ``either directly or indirectly through an affiliated entity or 
designated entity, at least a net clearing price'' equal to the 
aggregate reserve price set for that auction of $1.564 billion. See 
Auction of H Block Licenses in the 1915-1920 MHz and 1995-2000 MHz 
Bands Scheduled for January 14, 2014; Notice and Filing Requirements, 
Minimum Opening Bids, Upfront Payments, and other Procedures for 
Auction 96, AU Docket No. 13-178, Public Notice, 28 FCC Rcd 13019, 
13064 para. 172 (WTB 2013) (``Auction 96 Procedures PN''); NTCH, Inc. 
Petition for Reconsideration of Public Notice Announcing Procedures and 
Reserve Price for Auction of H Block Licenses (Auction 96), AU Docket 
No. 13-176, Memorandum Opinion and Order, DA 13-2281 (WTB/Auctions 
Division, Nov. 27, 2013) (``Auction 96 Procedures PN Recon Order''). 
Second, DISH must file its uplink or downlink election, which shall 
apply to all AWS-4 licenses, as soon as commercially practicable but no 
later than 30 months after the release date of the Bureau's Memorandum 
Opinion and Order. Failure by DISH to comply with either of these 
conditions will automatically terminate the waivers

[[Page 10150]]

granted in the Bureau's Memorandum Opinion and Order.
    3. In the event that DISH first preserves its election ability and 
then elects to use its Lower AWS-4 Band spectrum for downlink 
operations, the Bureau specified the technical parameters such 
operations must meet to avoid causing harmful interference to licensees 
of nearby spectrum bands. These parameters are similar to those 
established for similar AWS and PCS downlink bands, including the AWS-1 
downlink band.
    4. In granting the DISH Petition, the Bureau declined to grant 
Sprint's request that it impose a specific cost sharing payment 
condition upon DISH should it be a winning bidder in the H Block 
auction, because that payment requirement is already established by the 
Commission's rules applicable to any winning bidder in that auction. 
The Bureau also declined to address in the Memorandum Opinion and Order 
Sprint's request that it issue a blanket waiver to all future H Block 
licensees of certain H Block technical rules. Finally, the Bureau 
rejected NTCH's various arguments requesting that it deny or delay 
consideration of the DISH Petition.

Federal Communications Commission.
Blaise A. Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2014-03888 Filed 2-21-14; 8:45 am]
BILLING CODE 6712-01-P
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