Declaratory Ruling About Reimbursement of Pre-Auction Expenses, 43956 [2016-15870]

Download as PDF 43956 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations recognizes that as a result of repacking during the incentive auction, it may be required to move from channel 31. DATES: This rule is effective July 6, 2016. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Joyce.Bernstein@ fcc.gov, Media Bureau, (202) 418–1647. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 16–93, adopted June 28, 2016, and released June 28, 2016. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street SW., Washington, DC 20554. This document will also be available via ECFS (https:// fjallfoss.fcc.gov/ecfs/). 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 & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television. Federal Communications Commission. Barbara A. Kreisman, Chief, Video Division, Media Bureau. Final rule ehiers on DSK5VPTVN1PROD with RULES For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336, and 339. VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Arizona is amended by removing channel 51 and adding channel 31 at Tolleson. ■ [FR Doc. 2016–15971 Filed 7–5–16; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Chapter I [GN 12–268; FCC 16–47] Declaratory Ruling About Reimbursement of Pre-Auction Expenses Federal Communications Commission. ACTION: Declaratory ruling. AGENCY: In this Declaratory Ruling, the Commission determined that the Spectrum Act’s reimbursement mandate encompasses ‘‘costs reasonably incurred’’ prior to the close of the auction that otherwise are eligible for reimbursement. DATES: This Declaratory Ruling is effective July 6, 2016. This Declaratory Ruling was applicable upon release by the Commission, April 18, 2016. FOR FURTHER INFORMATION CONTACT: Pamela Gallant, 202–418–0614. SUPPLEMENTARY INFORMATION: The Spectrum Act requires the Commission to reimburse broadcast television licensees and multichannel video programming distributors (MVPDs), respectively, for ‘‘costs reasonably incurred’’ in relocating to new channels assigned in the repacking process and in order to continue to carry the signals of stations relocating to new channels. In the Incentive Auction R&O, the Commission established a process that requires eligible entities seeking reimbursement to provide an estimate of their eligible costs following the close of the forward auction and the release of the Channel Reassignment PN. The Commission did not address in the Incentive Auction R&O whether preauction expenses are eligible for reimbursement. Interested parties asked for clarification whether expenses incurred before the auction closes and the repacking results are announced are eligible for reimbursement, explaining that uncertainty regarding this issue discourages advance work that could be performed to expedite the post-auction transition for stations that are reassigned to new channels. In this Declaratory Ruling, the Commission interprets the SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 statutory reimbursement mandate to include ‘‘costs reasonably incurred’’ before and during the auction that otherwise are eligible for reimbursement. Consistent with the Spectrum Act, only stations that ultimately are reassigned to a new channel in their pre-auction band in the repacking process will be eligible for reimbursement of expenses incurred before and during the auction, which will be subject to the same reimbursement process as post-auction expenses. This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). The Commission will not send a copy of this Declaratory Ruling to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because no rules are being adopted by the Commission. Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2016–15870 Filed 7–5–16; 8:45 am] BILLING CODE 6712–01–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 538 and 552 [GSAR–TA–02; Docket No. 2014–0008; Sequence No. 1] RIN 3090–AJ43 General Services Administration Acquisition Regulation (GSAR); Technical Amendments General Services Administration (GSA). ACTION: Final rule. AGENCY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAM) to make revisions made to GSAR Case 2010– G511—Federal Supply Schedules: Purchasing by Non-Federal Entities, which was published in the Federal Register on June 6, 2016. DATES: Effective: July 6, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Dana Munson, General Services SUMMARY: E:\FR\FM\06JYR1.SGM 06JYR1

Agencies

[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Page 43956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15870]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[GN 12-268; FCC 16-47]


Declaratory Ruling About Reimbursement of Pre-Auction Expenses

AGENCY: Federal Communications Commission.

ACTION: Declaratory ruling.

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SUMMARY: In this Declaratory Ruling, the Commission determined that the 
Spectrum Act's reimbursement mandate encompasses ``costs reasonably 
incurred'' prior to the close of the auction that otherwise are 
eligible for reimbursement.

DATES: This Declaratory Ruling is effective July 6, 2016. This 
Declaratory Ruling was applicable upon release by the Commission, April 
18, 2016.

FOR FURTHER INFORMATION CONTACT: Pamela Gallant, 202-418-0614.

SUPPLEMENTARY INFORMATION: The Spectrum Act requires the Commission to 
reimburse broadcast television licensees and multichannel video 
programming distributors (MVPDs), respectively, for ``costs reasonably 
incurred'' in relocating to new channels assigned in the repacking 
process and in order to continue to carry the signals of stations 
relocating to new channels. In the Incentive Auction R&O, the 
Commission established a process that requires eligible entities 
seeking reimbursement to provide an estimate of their eligible costs 
following the close of the forward auction and the release of the 
Channel Reassignment PN. The Commission did not address in the 
Incentive Auction R&O whether pre-auction expenses are eligible for 
reimbursement. Interested parties asked for clarification whether 
expenses incurred before the auction closes and the repacking results 
are announced are eligible for reimbursement, explaining that 
uncertainty regarding this issue discourages advance work that could be 
performed to expedite the post-auction transition for stations that are 
reassigned to new channels. In this Declaratory Ruling, the Commission 
interprets the statutory reimbursement mandate to include ``costs 
reasonably incurred'' before and during the auction that otherwise are 
eligible for reimbursement. Consistent with the Spectrum Act, only 
stations that ultimately are reassigned to a new channel in their pre-
auction band in the repacking process will be eligible for 
reimbursement of expenses incurred before and during the auction, which 
will be subject to the same reimbursement process as post-auction 
expenses. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4). The Commission will not send a copy of this Declaratory 
Ruling to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because no 
rules are being adopted by the Commission.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-15870 Filed 7-5-16; 8:45 am]
 BILLING CODE 6712-01-P
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