Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority, 17710-17712 [2016-07121]
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Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices
traditional telecommunications carriers
and interconnected VoIP providers by
allowing both entities to obtain numbers
directly from the Numbering
Administrators. It will further help the
FCC to maintain efficient utilization of
numbering resources and ensure that
telephone numbers are not being
stranded.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2016–07115 Filed 3–29–16; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0600 and 3060–0995]
Information Collections Being
Reviewed by the Federal
Communications Commission Under
Delegated Authority
AGENCY:
Federal Communications
Commission.
ACTION: Notice and request for
comments.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before May 31, 2016.
VerDate Sep<11>2014
18:06 Mar 29, 2016
Jkt 238001
ADDRESSES:
Direct all PRA comments to
Cathy Williams, FCC, via email PRA@
fcc.gov and to Cathy.Williams@fcc.gov.
Include in the comments the Title as
shown in the SUPPLEMENTARY
INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0600.
Title: Application to Participate in an
FCC Auction, FCC Form 175.
Form Number: FCC Form 175.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities, not-for-profit institutions,
and state, local or tribal governments.
Estimated Number of Respondents
and Responses: 500 respondents and
500 responses.
Estimated Time per Response: 90
minutes.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for the currently approved
information collection is contained in
sections 154(i) and 309(j)(5) of the
Communications Act, as amended, 47
U.S.C. 4(i), 309(j)(5), and sections
1.2105, 1.2110, 1.2112 of the
Commission’s rules, 47 CFR 1.2105,
1.2110, 1.2112. Statutory authority for
the revised information collection is
contained in sections 154(i) and
309(j)(5) of the Communications Act of
1934, as amended, 47 U.S.C. 4(i),
309(j)(5), and sections 1.2105, 1.2110,
1.2112 of the Commission’s rules, as
amended, 47 CFR 1.2105, 1.2110,
1.2112.
Estimated Total Annual Burden: 750
hours.
Total Annual Costs: None.
Nature and Extent of Confidentiality:
Information collected on FCC Form 175
is made available for public inspection,
and the Commission is not requesting
that respondents submit confidential
information on FCC Form 175.
Respondents seeking to have
information collected on FCC Form 175
withheld from public inspection may
request confidential treatment of such
information pursuant to section 0.459 of
the Commission’s rules, 47 CFR 0.459.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: A request for
extension of this information collection
(no change in requirements) will be
submitted to the Office of Management
and Budget (OMB) after this 60-day
comment period in order to obtain the
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
full three year clearance from OMB. On
February 22, 2012, the President signed
the Spectrum Act, which, among other
things, authorized the Commission to
conduct incentive auctions, and
directed that the Commission use this
innovative tool for an incentive auction
of broadcast television spectrum to help
meet the Nation’s growing spectrum
needs. See Middle Class Tax Relief and
Job Creation Act of 2012, Pub. L. 112–
96, sections 6402, 6403, 125 Stat. 156
(2012) (Spectrum Act). The
Commission’s broadcast incentive
auction (BIA) will have three main
components: (1) A reverse auction in
which broadcast television licensees
will submit bids to voluntarily
relinquish their spectrum usage rights in
exchange for defined shares of proceeds
from the forward auction; (2) a
repacking of the broadcast television
bands; and (3) a forward auction of
initial licenses for flexible use of the
newly available spectrum.
The Commission is revising the
currently approved information
collection on FCC Form 175 to
implement new collection requirements
that are the result of (1) various
Commission actions in which the
Commission adopted general rules and
procedures to govern the BIA, including
rules applicable to applicants seeking to
participate in the forward auction
component of the BIA and, (2) the
Commission’s adoption of new and
modified competitive bidding rules and
requirements in the Updating Part 1
Report and Order, which will apply to
applicants seeking to participate in a
Commission auction, including the
forward auction component of the BIA.
The Commission’s auction rules and
related requirements are designed to
ensure that the competitive bidding
process is limited to serious qualified
applicants, deter possible abuse of the
bidding and licensing process, and
enhance the use of competitive bidding
to assign Commission licenses in
furtherance of the public interest. The
information collected on FCC Form 175
is used by the Commission to determine
if an applicant is legally, technically,
and financially qualified to participate
in a Commission auction. Additionally,
if an applicant applies for status as a
particular type of auction participant
pursuant to Commission rules, the
Commission uses information collected
on FCC Form 175 to determine whether
the applicant is eligible for the status
requested. Commission staff reviews the
information collected on FCC Form 175
for a particular auction as part of the
pre-auction process, prior to the auction
being held. Staff determines whether
each applicant satisfies the
E:\FR\FM\30MRN1.SGM
30MRN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices
Commission’s requirements to
participate in the auction and, if
applicable, is eligible for the status as a
particular type of auction participant it
requested. Without the information
collected on FCC Form 175, the
Commission will not be able to
determine if an applicant is legally,
technically, and financially qualified to
participate in a Commission auction,
including the forward auction
component of the BIA, and has
complied with the various applicable
regulatory and statutory auction
requirements for such participation.
The Commission plans to continue to
use the FCC Form 175 for all upcoming,
non-reverse spectrum auctions,
including those required or authorized
to be conducted pursuant to the
Spectrum Act, collecting only the
information necessary for each
particular auction.
OMB Control Number: 3060–0995.
Title: Section 1.2105(c), Bidding
Application and Certification
Procedures; Sections 1.2105(c) and
1.2205, Prohibition of Certain
Communications.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities, not-for-profit institutions,
and state, local or tribal governments.
Estimated Number of Respondents
and Responses: 10 respondents and 10
responses.
Estimated Time per Response: 1.5
hours to 2 hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this currently approved
information collection is contained in
sections 154(i) and 309(j) of the
Communications Act, as amended, 47
U.S.C. 4(i), 309(j)(5), and section
1.2105(c) of the Commission’s rules, 47
CFR 1.2105(c). Statutory authority for
the revised information collection is
contained in sections 154(i), 309(j), and
1452(a)(3) of the Communications Act,
as amended, 47 U.S.C. 4(i), 309(j)(5),
1452(a)(3), and sections 1.2105(c) and
1.2205 of the Commission’s rules, 47
CFR 1.2105(c), 1.2205.
Estimated Total Annual Burden: 50
hours.
Total Annual Costs: $9,000.
Nature and Extent of Confidentiality:
The Commission will take all reasonable
steps to protect the confidentiality of all
Commission-held data of a reverse
auction applicant consistent with the
confidentiality requirements of the
Spectrum Act and the Commission’s
VerDate Sep<11>2014
18:06 Mar 29, 2016
Jkt 238001
rules. See 47 U.S.C. 1452(a)(3); 47 CFR
1.2206. In addition, to the extent
necessary, a full power or Class A
television broadcast licensee may
request confidential treatment of any
report of a prohibited communication
submitted to the Commission that is not
already being treated as confidential
pursuant to section 0.459 of the
Commission’s rules, 47 CFR 0.459.
Forward auction applicants are entitled
to request confidentiality in accordance
with section 0.459 of the Commission’s
rules, 47 CFR 0.459.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: A request for
extension of this information collection
(no change in requirements) will be
submitted to the Office of Management
and Budget (OMB) after this 60-day
comment period in order to obtain the
full three year clearance from OMB. On
February 22, 2012, the President signed
the Spectrum Act, which, among other
things, authorized the Commission to
conduct incentive auctions, and
directed that the Commission use this
innovative tool for an incentive auction
of broadcast television spectrum to help
meet the Nation’s growing spectrum
needs. See Middle Class Tax Relief and
Job Creation Act of 2012, Public Law
112–96, sections 6402, 6403, 125 Stat.
156 (2012) (Spectrum Act), codified at
47 U.S.C. 309(j)(8)(G), 1452. The
Commission’s broadcast incentive
auction (BIA) will have three main
components: (1) A reverse auction in
which broadcast television licensees
will submit bids to voluntarily
relinquish their spectrum usage rights in
exchange for defined shares of proceeds
from the forward auction; (2) a
repacking of the broadcast television
bands; and (3) a forward auction of
initial licenses for flexible use of the
newly available spectrum.
The Commission is revising the
currently approved information
collection to implement new collection
requirements resulting from the
Commission’s adoption of new and
modified rules prohibiting certain
communications for full power and
Class A television broadcast licensees
and for applicants seeking to participate
in the forward auction component of the
BIA and requiring such covered parties
to file a report with the Commission
within a specified period of time if they
make or receive a prohibited
communication. Subject to certain
exceptions, section 1.2205(b) of the
Commission’s rules provides that,
beginning on the deadline for
submitting applications to participate in
the reverse auction and until the results
of the incentive auction are announced
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
17711
by public notice, all full power and
Class A broadcast television licensees
are prohibited from communicating
directly or indirectly any incentive
auction applicant’s bids or bidding
strategies to any other full power or
Class A broadcast television licensee or
to any forward auction applicant.
Section 1.2205(c) requires any party that
makes or receives a prohibited
communication to report such
communication in writing to the
Commission immediately, and in no
case later than five business days after
the communication occurs. Section
1.2205(d) provides the procedures for
filing any reports required under section
1.2205(c). Subject to certain exceptions,
forward auction applicants in the BIA
are subject to a BIA-specific provision in
section 1.2105(c) of the Commission’s
rules (in addition to the Commission’s
existing prohibited communications
rule applicable to applicants in
traditional Commission auctions),
which provides that, beginning on the
deadline for submitting applications to
participate in the forward auction and
until the results of the incentive auction
have been announced by public notice,
all forward auction applicants are
prohibited from communicating directly
or indirectly any incentive auction
applicant’s bids or bidding strategies to
any full power or Class A broadcast
television licensee. Section 1.2105(c)
requires forward applicants that make or
receive a prohibited communications
that is prohibited under section
1.2105(c) to file a report of such a
communication with the Commission.
The Commission’s rules prohibiting
certain communications in Commission
auctions are designed to reinforce
existing antitrust laws, facilitate
detection of collusive conduct, and
deter anticompetitive behavior, without
being so strict as to discourage procompetitive arrangements between
auction participants. They also help
assure participants that the auction
process will be fair and objective, and
not subject to collusion. The
information collected through the
Commission’s existing reporting
requirement under section 1.2105(c)
allows the Commission to enforce the
prohibition on forward auction
applicants by making clear the
responsibility of parties who receive
information that potentially violates the
rules to promptly report to the
Commission, thereby enhancing the
competitiveness and fairness of its
spectrum auctions. The revised
information collection under the BIAspecific rule in section 1.2105(c) and in
sections 1.2205(c) and 1.2205(d) will
E:\FR\FM\30MRN1.SGM
30MRN1
17712
Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices
likewise help the Commission enforce
the prohibition on covered parties in the
BIA, further assuring incentive auction
participants that the auction process
will be fair and competitive. The
prohibited communication reporting
requirement required of covered parties
will enable the Commission to ensure
that no bidder gains an unfair advantage
over other bidders in its auctions and
thus enhances the competitiveness and
fairness of Commission’s auctions. The
information collected will be reviewed
and, if warranted, referred to the
Commission’s Enforcement Bureau for
possible investigation and
administrative action. The Commission
may also refer allegations of
anticompetitive auction conduct to the
Department of Justice for investigation.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016–07121 Filed 3–29–16; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0895]
Information Collection Being Reviewed
by the Federal Communications
Commission
AGENCY:
Federal Communications
Commission.
ACTION: Notice and request for
comments.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or the Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
VerDate Sep<11>2014
18:06 Mar 29, 2016
Jkt 238001
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before May 31, 2016.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to Nicole.Ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele at (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0895.
Title: Numbering Resource
Optimization, CC Docket No. 99–200.
Form Number: FCC Form 502.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities and state, local or tribal
government.
Number of Respondents and
Responses: 2,793 respondents; 10,165
responses.
Estimated Time per Response: 1
hour–44.4 hours.
Frequency of Response: On occasion
and semi-annual reporting requirements
and recordkeeping requirement.
Obligation to Respond: Mandatory.
Statutory authority for this information
collection is contained in 47 U.S.C. 151,
153, 154, 201–205 and 251 of the
Communications Act of 1934.
Total Annual Burden: 132,384 hours.
Total Annual Cost: $3,465,570.20.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
Disaggregated, carrier specific forecast
and utilization data will be treated as
confidential and will be exempt from
public disclosure under 5 U.S.C.
552(b)(4).
Needs and Uses: The data collected
on FCC Form 502 helps the Commission
manage the ten-digit North American
Numbering Plan (NANP), which is
currently being used by the United
States and 19 other countries. Under the
Communications Act of 1934, as
amended, the Commission was given
‘‘exclusive jurisdictions over those
portions of the North American
Numbering Plan that pertains to the
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
United States.’’ Pursuant to that
authority, the Commission conducted a
rulemaking in March 2000 that the
Commission found that mandatory data
collection is necessary to efficiently
monitor and manage numbering use.
The Commission is revising this
information collection to implement its
newly adopted rules that allow
interconnected Voice over Internet
Protocol (VoIP) providers to obtain
numbering resources directly from the
Numbering Administrators. The
following information collection
requirements will be contained in this
collection:
(1) Utilization/Forecast Report;
(2) Application for initial numbering
resource;
(3) Application for growth numbering
resources;
(4) Recordkeeping requirement;
(5) Notifications by state
commissions;
(6) Demonstration to state
commission; and
(7) Petitions for additional delegation
of numbering authority.
The data from this information
collection is used by the FCC, state
regulatory commissions, and the
NANPA to monitor numbering resource
utilization by all carriers using the
resource and to project the dates of area
code and NANP exhaust.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2016–07148 Filed 3–29–16; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0953]
Information Collection Being Reviewed
by the Federal Communications
Commission
AGENCY:
Federal Communications
Commission.
ACTION: Notice and request for
comments.
SUMMARY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or the Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
E:\FR\FM\30MRN1.SGM
30MRN1
Agencies
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17710-17712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07121]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0600 and 3060-0995]
Information Collections Being Reviewed by the Federal
Communications Commission Under Delegated Authority
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal Communications Commission invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection. Comments are requested
concerning: Whether the proposed collection of information is necessary
for the proper performance of the functions of the Commission,
including whether the information shall have practical utility; the
accuracy of the Commission's burden estimate; ways to enhance the
quality, utility, and clarity of the information collected; ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the PRA that does not display a valid Office of
Management and Budget (OMB) control number.
DATES: Written PRA comments should be submitted on or before May 31,
2016.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email
PRA@fcc.gov and to Cathy.Williams@fcc.gov. Include in the comments the
Title as shown in the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0600.
Title: Application to Participate in an FCC Auction, FCC Form 175.
Form Number: FCC Form 175.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities, not-for-profit
institutions, and state, local or tribal governments.
Estimated Number of Respondents and Responses: 500 respondents and
500 responses.
Estimated Time per Response: 90 minutes.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for the currently approved information collection
is contained in sections 154(i) and 309(j)(5) of the Communications
Act, as amended, 47 U.S.C. 4(i), 309(j)(5), and sections 1.2105,
1.2110, 1.2112 of the Commission's rules, 47 CFR 1.2105, 1.2110,
1.2112. Statutory authority for the revised information collection is
contained in sections 154(i) and 309(j)(5) of the Communications Act of
1934, as amended, 47 U.S.C. 4(i), 309(j)(5), and sections 1.2105,
1.2110, 1.2112 of the Commission's rules, as amended, 47 CFR 1.2105,
1.2110, 1.2112.
Estimated Total Annual Burden: 750 hours.
Total Annual Costs: None.
Nature and Extent of Confidentiality: Information collected on FCC
Form 175 is made available for public inspection, and the Commission is
not requesting that respondents submit confidential information on FCC
Form 175. Respondents seeking to have information collected on FCC Form
175 withheld from public inspection may request confidential treatment
of such information pursuant to section 0.459 of the Commission's
rules, 47 CFR 0.459.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: A request for extension of this information
collection (no change in requirements) will be submitted to the Office
of Management and Budget (OMB) after this 60-day comment period in
order to obtain the full three year clearance from OMB. On February 22,
2012, the President signed the Spectrum Act, which, among other things,
authorized the Commission to conduct incentive auctions, and directed
that the Commission use this innovative tool for an incentive auction
of broadcast television spectrum to help meet the Nation's growing
spectrum needs. See Middle Class Tax Relief and Job Creation Act of
2012, Pub. L. 112-96, sections 6402, 6403, 125 Stat. 156 (2012)
(Spectrum Act). The Commission's broadcast incentive auction (BIA) will
have three main components: (1) A reverse auction in which broadcast
television licensees will submit bids to voluntarily relinquish their
spectrum usage rights in exchange for defined shares of proceeds from
the forward auction; (2) a repacking of the broadcast television bands;
and (3) a forward auction of initial licenses for flexible use of the
newly available spectrum.
The Commission is revising the currently approved information
collection on FCC Form 175 to implement new collection requirements
that are the result of (1) various Commission actions in which the
Commission adopted general rules and procedures to govern the BIA,
including rules applicable to applicants seeking to participate in the
forward auction component of the BIA and, (2) the Commission's adoption
of new and modified competitive bidding rules and requirements in the
Updating Part 1 Report and Order, which will apply to applicants
seeking to participate in a Commission auction, including the forward
auction component of the BIA.
The Commission's auction rules and related requirements are
designed to ensure that the competitive bidding process is limited to
serious qualified applicants, deter possible abuse of the bidding and
licensing process, and enhance the use of competitive bidding to assign
Commission licenses in furtherance of the public interest. The
information collected on FCC Form 175 is used by the Commission to
determine if an applicant is legally, technically, and financially
qualified to participate in a Commission auction. Additionally, if an
applicant applies for status as a particular type of auction
participant pursuant to Commission rules, the Commission uses
information collected on FCC Form 175 to determine whether the
applicant is eligible for the status requested. Commission staff
reviews the information collected on FCC Form 175 for a particular
auction as part of the pre-auction process, prior to the auction being
held. Staff determines whether each applicant satisfies the
[[Page 17711]]
Commission's requirements to participate in the auction and, if
applicable, is eligible for the status as a particular type of auction
participant it requested. Without the information collected on FCC Form
175, the Commission will not be able to determine if an applicant is
legally, technically, and financially qualified to participate in a
Commission auction, including the forward auction component of the BIA,
and has complied with the various applicable regulatory and statutory
auction requirements for such participation.
The Commission plans to continue to use the FCC Form 175 for all
upcoming, non-reverse spectrum auctions, including those required or
authorized to be conducted pursuant to the Spectrum Act, collecting
only the information necessary for each particular auction.
OMB Control Number: 3060-0995.
Title: Section 1.2105(c), Bidding Application and Certification
Procedures; Sections 1.2105(c) and 1.2205, Prohibition of Certain
Communications.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities, not-for-profit
institutions, and state, local or tribal governments.
Estimated Number of Respondents and Responses: 10 respondents and
10 responses.
Estimated Time per Response: 1.5 hours to 2 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this currently approved information collection
is contained in sections 154(i) and 309(j) of the Communications Act,
as amended, 47 U.S.C. 4(i), 309(j)(5), and section 1.2105(c) of the
Commission's rules, 47 CFR 1.2105(c). Statutory authority for the
revised information collection is contained in sections 154(i), 309(j),
and 1452(a)(3) of the Communications Act, as amended, 47 U.S.C. 4(i),
309(j)(5), 1452(a)(3), and sections 1.2105(c) and 1.2205 of the
Commission's rules, 47 CFR 1.2105(c), 1.2205.
Estimated Total Annual Burden: 50 hours.
Total Annual Costs: $9,000.
Nature and Extent of Confidentiality: The Commission will take all
reasonable steps to protect the confidentiality of all Commission-held
data of a reverse auction applicant consistent with the confidentiality
requirements of the Spectrum Act and the Commission's rules. See 47
U.S.C. 1452(a)(3); 47 CFR 1.2206. In addition, to the extent necessary,
a full power or Class A television broadcast licensee may request
confidential treatment of any report of a prohibited communication
submitted to the Commission that is not already being treated as
confidential pursuant to section 0.459 of the Commission's rules, 47
CFR 0.459. Forward auction applicants are entitled to request
confidentiality in accordance with section 0.459 of the Commission's
rules, 47 CFR 0.459.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: A request for extension of this information
collection (no change in requirements) will be submitted to the Office
of Management and Budget (OMB) after this 60-day comment period in
order to obtain the full three year clearance from OMB. On February 22,
2012, the President signed the Spectrum Act, which, among other things,
authorized the Commission to conduct incentive auctions, and directed
that the Commission use this innovative tool for an incentive auction
of broadcast television spectrum to help meet the Nation's growing
spectrum needs. See Middle Class Tax Relief and Job Creation Act of
2012, Public Law 112-96, sections 6402, 6403, 125 Stat. 156 (2012)
(Spectrum Act), codified at 47 U.S.C. 309(j)(8)(G), 1452. The
Commission's broadcast incentive auction (BIA) will have three main
components: (1) A reverse auction in which broadcast television
licensees will submit bids to voluntarily relinquish their spectrum
usage rights in exchange for defined shares of proceeds from the
forward auction; (2) a repacking of the broadcast television bands; and
(3) a forward auction of initial licenses for flexible use of the newly
available spectrum.
The Commission is revising the currently approved information
collection to implement new collection requirements resulting from the
Commission's adoption of new and modified rules prohibiting certain
communications for full power and Class A television broadcast
licensees and for applicants seeking to participate in the forward
auction component of the BIA and requiring such covered parties to file
a report with the Commission within a specified period of time if they
make or receive a prohibited communication. Subject to certain
exceptions, section 1.2205(b) of the Commission's rules provides that,
beginning on the deadline for submitting applications to participate in
the reverse auction and until the results of the incentive auction are
announced by public notice, all full power and Class A broadcast
television licensees are prohibited from communicating directly or
indirectly any incentive auction applicant's bids or bidding strategies
to any other full power or Class A broadcast television licensee or to
any forward auction applicant. Section 1.2205(c) requires any party
that makes or receives a prohibited communication to report such
communication in writing to the Commission immediately, and in no case
later than five business days after the communication occurs. Section
1.2205(d) provides the procedures for filing any reports required under
section 1.2205(c). Subject to certain exceptions, forward auction
applicants in the BIA are subject to a BIA-specific provision in
section 1.2105(c) of the Commission's rules (in addition to the
Commission's existing prohibited communications rule applicable to
applicants in traditional Commission auctions), which provides that,
beginning on the deadline for submitting applications to participate in
the forward auction and until the results of the incentive auction have
been announced by public notice, all forward auction applicants are
prohibited from communicating directly or indirectly any incentive
auction applicant's bids or bidding strategies to any full power or
Class A broadcast television licensee. Section 1.2105(c) requires
forward applicants that make or receive a prohibited communications
that is prohibited under section 1.2105(c) to file a report of such a
communication with the Commission.
The Commission's rules prohibiting certain communications in
Commission auctions are designed to reinforce existing antitrust laws,
facilitate detection of collusive conduct, and deter anticompetitive
behavior, without being so strict as to discourage pro-competitive
arrangements between auction participants. They also help assure
participants that the auction process will be fair and objective, and
not subject to collusion. The information collected through the
Commission's existing reporting requirement under section 1.2105(c)
allows the Commission to enforce the prohibition on forward auction
applicants by making clear the responsibility of parties who receive
information that potentially violates the rules to promptly report to
the Commission, thereby enhancing the competitiveness and fairness of
its spectrum auctions. The revised information collection under the
BIA-specific rule in section 1.2105(c) and in sections 1.2205(c) and
1.2205(d) will
[[Page 17712]]
likewise help the Commission enforce the prohibition on covered parties
in the BIA, further assuring incentive auction participants that the
auction process will be fair and competitive. The prohibited
communication reporting requirement required of covered parties will
enable the Commission to ensure that no bidder gains an unfair
advantage over other bidders in its auctions and thus enhances the
competitiveness and fairness of Commission's auctions. The information
collected will be reviewed and, if warranted, referred to the
Commission's Enforcement Bureau for possible investigation and
administrative action. The Commission may also refer allegations of
anticompetitive auction conduct to the Department of Justice for
investigation.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016-07121 Filed 3-29-16; 8:45 am]
BILLING CODE 6712-01-P