Procedures for Submitting Financial Information Required for the Disbursement of Incentive Payments and Reimbursement Payments After the Incentive Auction Closes, 20478-20480 [2017-08816]
Download as PDF
20478
Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices
Dated: April 25, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017–08795 Filed 5–1–17; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EL17–30–000]
sradovich on DSK3GMQ082PROD with NOTICES
Notice of Supplement To Petition for
Declaratory Order: Nogales
Transmission, L.L.C.; Nogales Frontier
Operations, L.L.C.
Take notice that on April 25, 2017,
pursuant to Rule 207(a)(2) of the Federal
Energy Regulatory Commission’s
(Commission) Rules of Practice and
Procedure,1 Nogales Transmission,
L.L.C. and Nogales Frontier Operations,
L.L.C. filed a supplement to its petition
for declaratory order filed on December
21, 2016, as more fully explained in its
supplemented petition.
Any person desiring to intervene or to
protest in this proceeding must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed on or before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Petitioner.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with Internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 5 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426.
1 18
CFR 385.207(a)(2) (2016).
VerDate Sep<11>2014
16:36 May 01, 2017
Jkt 241001
The filings in the above proceeding
are accessible in the Commission’s
eLibrary system by clicking on the
appropriate link in the above list. They
are also available for review in the
Commission’s Public Reference Room in
Washington, DC. There is an
eSubscription link on the Web site that
enables subscribers to receive email
notification when a document is added
to a subscribed docket(s). For assistance
with any FERC Online service, please
email FERCOnlineSupport@ferc.gov.or
call (866) 208–3676 (toll free). For TTY,
call (202) 502–8659.
Comment Date: 5:00 p.m. Eastern time
on May 25, 2017.
Dated: April 26, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017–08807 Filed 5–1–17; 8:45 am]
BILLING CODE 6717–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[GN Docket No. 12–268; AU Docket No. 14–
252; MB Docket No. 16–306; DA 17–282]
Procedures for Submitting Financial
Information Required for the
Disbursement of Incentive Payments
and Reimbursement Payments After
the Incentive Auction Closes
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document, the
Incentive Auction Task Force, Wireless
Telecommunications Bureau, and Media
Bureau announce instructions to full
power and Class A broadcasters and
multichannel video programming
distributors who anticipate receiving
incentive and/or reimbursement
payment(s) following the incentive
auction. Specifically, the instructions
describe the essential steps that must be
taken before receiving incentive
payments based on winning reverse
auction bids or payments from the
Television Broadcaster Relocation Fund
for expenses eligible for reimbursement.
DATES: Reverse auction winning bidders
must submit an FCC Form 1875 for each
station with a winning bid within 20
business days after the release of the
Auction 1000 Closing and Channel
Reassignment Public Notice.
ADDRESSES: Full power and Class A
broadcasters and multichannel video
programming distributors who
anticipate receiving incentive and/or
reimbursement payment(s) must mail
the original hard-copy of their
completed, signed, and notarized FCC
SUMMARY:
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Form 1875 or 1876, as applicable, to:
Federal Communications Commission,
Travel & Operations Group, Attn: Chief
of TOG, 9300 East Hampton Drive,
Capitol Heights, MD 20743.
FOR FURTHER INFORMATION CONTACT: For
general auction questions, contact Linda
Sanderson, Linda.Sanderson@fcc.gov,
(717) 338–2868. For reverse auction
incentive payment questions, contact
Erik Salovaara, Erik.Salovaara@fcc.gov,
(202) 418–0660, or Kathryn Hinton,
Kathryn.Hinton@fcc.gov, (202) 418–
0660. For reimbursement questions,
contact Pam Gallant, Pamela.Gallant@
fcc.gov, (202) 418–0614. Press contact:
Charles Meisch, Charles.Meisch@
fcc.gov, (202) 418–2943. For FCC User
Registration-related questions, contact
the FCC User Registration System and
CORES Help Desk, CORESHelpDesk@
fcc.gov, (202) 418–4120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Auction 1000 Financial
Procedures Public Notice, GN Docket
No. 12–268, AU Docket No. 14–252, MB
Docket No. 16–306; DA 17–282, released
on March 29, 2017. The complete text
of the Auction 1000 Financial
Procedures Public Notice is available for
public inspection and copying from 8:00
a.m. to 4:30 p.m. 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 complete text is also available on
the Commission’s Web site at https://
www.fcc.gov/media, the Auction 1000
Web site at https://www.fcc.gov/
auctions/1000, or by using the search
function on the ECFS Web page at
https://www.fcc.gov/cgb/ecfs/.
Alternative formats are available to
persons with disabilities by sending an
email to FCC504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
1. The Auction 1000 Financial
Procedures Public Notice provides
instructions describing the essential
steps that full power and Class A
broadcasters and multichannel video
programming distributors (MVPDs) who
anticipate receiving incentive and/or
reimbursement payment(s) following
the incentive auction (collectively,
Payment Applicants) must take before
receiving payments. Specifically, the
Auction 1000 Financial Procedures
Public Notice describes and explains
FCC Forms 1875 and 1876, the forms
that Payment Applicants must use to
provide the Commission with directions
for making payments. These forms
enable Payment Applicants to certify
their agreement with and
E:\FR\FM\02MYN1.SGM
02MYN1
Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
acknowledgement of required payment
terms, to identify the individual(s)
authorized to give the Commission
instructions regarding payments, and to
identify the financial institution and
account into which payments should be
made. The Auction 1000 Financial
Procedures Public Notice also describes
the CORES Incentive Auction Financial
Module, the web-based software that
enables Payment Applicants to enter
bank account information electronically
and view payment information.
I. Procedures for Providing Payment
Applicant’s Payment Instructions to the
Commission
2. A Payment Applicant must submit
payment instructions for each station
(Facility ID) or MVPD (File Number) for
which it anticipates receiving a payment
in connection with the incentive
auction through a two-step process to
reduce the risk of error or fraud. First,
a Payment Applicant must submit a
signed and notarized FCC Form 1875
(for reverse auction winning bidders) or
FCC Form 1876 (for reassigned stations
and MVPDs), along with a bank account
verification letter or redacted bank
statement that confirms ownership of
the bank account, for each Facility ID/
File Number receiving an incentive
payment or reimbursement payment.
After determining that all of the
required information has been provided
in the FCC Form 1875/1876, as
applicable, FCC staff will grant the
Payment Applicant access to the CORES
Incentive Auction Financial Module.
Next, the Payment Applicant must enter
bank account information for the
payment recipient in the CORES
Incentive Auction Financial Module.
FCC staff will review the information
submitted electronically in the CORES
Incentive Auction Financial Module to
confirm that it matches the bank
account information submitted in the
signed and notarized FCC Form 1875/
1876, as applicable. FCC staff will
contact the Payment Applicant to
resolve any discrepancies between
information received in the FCC Form
1875/1876, as applicable, and in the
CORES Incentive Auction Financial
Module and will instruct the Payment
Applicant how to submit updated
payment instructions. No incentive
payment or reimbursement payment
will be made if the bank account
information in the CORES Incentive
Auction Financial Module does not
match the bank account information in
the FCC Form 1875/1876, as applicable.
3. When filling out an FCC Form
1875/1876, as applicable, and entering
bank account information electronically
in the CORES Incentive Auction
VerDate Sep<11>2014
16:36 May 01, 2017
Jkt 241001
Financial Module, a Payment Applicant
should follow the instructions in the
Auction 1000 Financial Procedures
Public Notice, the forthcoming CORES
Incentive Auction Financial Module
User Manual, and any related
Commission releases. A Payment
Applicant should be fully familiar with
other public notices and/or decisions
that have been issued in this
proceeding, any future public notices
and/or decisions that may be issued in
this proceeding, and any other relevant
public notices and/or decisions the
Commission issued in other proceedings
that may relate to the incentive auction.
Additional guidance, data, and
information related to the post-auction
transition will be available at
www.fcc.gov/incentiveauctions.
Additionally, copies of these and other
relevant documents are available at the
FCC’s headquarters located at 445 12th
Street SW., Washington, DC 20554
during normal business hours. On
March 13, 2017, the Incentive Auction
Task Force, in conjunction with the
Media Bureau, hosted a public
workshop to review procedures related
to the post-auction broadcast transition.
A recording of the workshop is
accessible from www.fcc.gov/
incentiveauctions and can also be
accessed directly at www.fcc.gov/newsevents/events/2017/03/post-incentiveauction-transition-workshop.
II. Processing Reverse Auction
Incentive Payments
A. Complete Payments
4. Consistent with making only a
single incentive payment to a single
payee and into a single account for each
station with a winning bid, each
incentive payment disbursed by the U.S.
Treasury will be for the station’s total
incentive payment. The amount
received in the account designated by
the Payment Applicant may reflect
offsets and withholding. In such
circumstances, the amount received
may be less than the amount of the
winning bid.
B. Sequencing, if Necessary
5. It may be possible to disburse funds
to cover the full amount of incentive
payments for all stations with winning
bids at one time. In the event, however,
that this is not possible, incentive
payments for stations with winning bids
will be disbursed after sufficient funds
become available to cover those
payments. To allow stations with
winning bids to vacate their spectrum in
a manner that will maintain the
transition schedule for stations
remaining on the air, the order in which
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
20479
stations with winning bids will receive
incentive payments will be determined
by the post-auction transition schedule.
C. Public Notice of Ready to Pay
6. When the Commission is ready to
direct the U.S. Treasury to make
incentive payments, a public notice will
specify each station with a winning bid,
along with its respective winning bidder
as identified in the Auction 1000
Closing and Channel Reassignment
Public Notice (Closing and
Reassignment Public Notice), for which
a payment is ready to be disbursed
(Ready to Pay Public Notice). The
precise timing of any such public notice
cannot be known with certainty in
advance. A single public notice may
cover all incentive payments for all
winning bidders or multiple public
notices may be needed should incentive
payments need to be disbursed at more
than one time for any reason. In
addition, notwithstanding the
availability of sufficient funds to make
all incentive payments, technical issues
or factors relating to a particular payee
may require additional time to resolve.
In that case, the Commission will issue
a Ready to Pay Public Notice covering
other stations’ incentive payments and
subsequently issue another Ready to
Pay Public Notice as soon as the
particular issues relating to the delayed
payment are resolved.
7. The release of a Ready to Pay
Public Notice for specified stations with
winning bids will indicate that
Commission staff has directed the U.S.
Treasury to make the related incentive
payments. However, the Commission
does not control the precise date on
which the U.S. Treasury makes each
incentive payment or when each
incentive payment is received in the
account identified by the winning
bidder or becomes available to the
account holder. For purposes of
implementing Commission rules and
procedures that establish deadlines
based on when a winning bidder
receives its incentive payment, a station
with a winning bid will be considered
to have received its incentive payment
five (5) business days after the date of
the Ready to Pay Public Notice stating
that the incentive payment for the
particular station with a winning bid is
ready to be disbursed.
8. The Auction Payments component
of the CORES Incentive Auction
Financial Module separately will report
the U.S. Treasury scheduled
disbursement date. That date is
provided for purposes of tracking
payments. The scheduled disbursement
date reported in the Auction Payments
component of the CORES Incentive
E:\FR\FM\02MYN1.SGM
02MYN1
20480
Federal Register / Vol. 82, No. 83 / Tuesday, May 2, 2017 / Notices
Auction Financial Module, however,
will not be considered the date of
receipt by the winning bidder for
purposes of implementing the
Commission’s rules. Instead, the
winning bidder will be considered to
have received its payment five (5)
business days after the date of the Ready
to Pay Public Notice stating that the
incentive payment for a particular
station with a winning bid is ready to
be disbursed.
9. The U.S. Treasury has authority to
offset federal payments, including
incentive payments, based on
information not available to the
Commission. Consequently, the Auction
Payments component of the CORES
Incentive Auction Financial Module
cannot report information regarding any
such offsets. A winning bidder needing
information regarding any discrepancy
between the amount of its winning bid
and the incentive payment received that
is not accounted for by offsets or
withholdings identified by the
Commission must seek the information
directly from the U.S. Treasury by
calling 1–800–304–3107. Hearing
impaired callers may use the Federal
Relay Service by dialing 1–800–877–
8339 to reach a communications
assistant who will dial the toll free
number.
sradovich on DSK3GMQ082PROD with NOTICES
III. Processing Reimbursement
Payments
A. Tracking Reimbursement Payments
10. The Commission does not control
the precise date on which the U.S.
Treasury makes each reimbursement
payment or when each reimbursement
payment is received in the account
identified by the Eligible Entity or
becomes available to the account holder.
After a payment is in fact made, the
Auction Payments component of the
CORES Incentive Auction Financial
Module separately will report the U.S.
Treasury scheduled disbursement date
for the payment being made. That date
is provided for purposes of tracking
payments. The Auction Payments
component of the CORES Incentive
Auction Financial Module will also
show the 399 file number, reference
code, and the amount that the FCC
requested be disbursed with respect to
the Facility ID/File Number.
11. The U.S. Treasury has authority to
offset federal payments, including
reimbursement payments, based on
information not available to the
Commission. Consequently, the Auction
Payments component of the CORES
Incentive Auction Financial Module
cannot report information regarding any
such offsets. An Eligible Entity needing
VerDate Sep<11>2014
16:36 May 01, 2017
Jkt 241001
information regarding any discrepancy
between its approved reimbursement
payment and the amount it actually
received must seek the information
directly from the U.S. Treasury by
calling 1–800–304–3107. Hearing
impaired callers may use the Federal
Relay Service by dialing 1–800–877–
8339 to reach a communications
assistant who will dial the toll free
number.
B. Effects of Ownership Changes
12. Given that the Commission will be
processing reimbursement payments for
several years after the release of the
Closing and Reassignment Public
Notice, a licensee may assign or transfer
a reassigned station before it has
received all of its reimbursement
allotment. If any reassigned station is
the subject of a transaction (i.e.,
assignment or transfer of control) that is
consummated after the release of the
Closing and Reassignment Public Notice
and results in a new FRN for that station
(i.e., results in a new FRN-Facility ID
relationship), FCC staff will deactivate
the bank account information associated
with the station’s pre-consummation
FRN, and will hold the station’s inprocess reimbursement payment(s), if
any, upon acceptance of the
consummation. Once a reimbursement
payment has been processed (i.e.,
submitted to the U.S. Treasury for
disbursement) a freeze will not preclude
transmittal of the processed payment.
To facilitate future reimbursement
payments, the assignee must file a new
reimbursement request and timely
submit a new FCC Form 1876, along
with a bank account verification letter
or redacted bank statement that
confirms ownership of the bank
account. Any delay in submission of a
new FCC Form 1876 may cause a delay
in the disbursement of a reimbursement
payment as directed by the assignee.
13. The assignee also must submit
bank account information in the
Auction Bank Accounts component of
the CORES Incentive Auction Financial
Module even if the bank account
information has not changed as a result
of the ownership change. None of the
station’s payment information
associated with the pre-consummation
FRN will transfer over to the station’s
post-consummation FRN in the Auction
Payments component of the CORES
Incentive Auction Financial Module.
Any pre-consummation payment
information will, however, remain
available to any authorized users via the
pre-consummation FRN account.
Therefore, the assignor and assignee
should address in any transaction
agreement the responsibilities and
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
expectations of each party with respect
to reimbursement payments, use of the
FRN accounts related to the transferred
or assigned station(s), and any related
matters.
14. Reimbursement payments will be
disbursed only to an Eligible Entity—
reimbursement payments will not be
disbursed to third parties. As a result,
once the assignment or transfer of a
reassigned station has been
consummated, reimbursement payments
will only be disbursed to the assignee or
transferee. Because an assignment or
transfer of control application could be
granted and the parties could
consummate the transaction while a
reimbursement request is pending, we
strongly encourage licensees of
reassigned stations to account for this
possibility in their transaction
agreements and to consider the status of
pending reimbursement requests when
deciding to consummate a transaction.
Failure to do so may result in a delay
in grant of the assignment or transfer of
control application and/or delay the
Commission’s reimbursement process.
15. Prior to granting and/or accepting
consummation of a post-auction
transaction involving one or more
reassigned stations, the Media Bureau
will provide additional procedural
guidance to the parties involved in the
transaction.
Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access
Division, WTB.
[FR Doc. 2017–08816 Filed 5–1–17; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
Federal Election Commission.
Tuesday, April 25, 2017
at 10:00 a.m. and its continuation at the
conclusion of the open meeting on April
27, 2017.
PLACE: 999 E Street NW., Washington,
DC.
STATUS: This meeting was closed to the
public.
AGENCY:
DATE AND TIME:
FEDERAL REGISTER NOTICE OF PREVIOUS
ANNOUNCEMENT: 82 FR 18644.
The April 25th
meeting was postponed to April 26th.
THIS MEETING ALSO DISCUSSED:
Information the premature disclosure of
which would be likely to have a
considerable adverse effect on the
implementation of a proposed
Commission action.
*
*
*
*
*
CHANGE IN THE MEETING:
E:\FR\FM\02MYN1.SGM
02MYN1
Agencies
[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Notices]
[Pages 20478-20480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08816]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[GN Docket No. 12-268; AU Docket No. 14-252; MB Docket No. 16-306; DA
17-282]
Procedures for Submitting Financial Information Required for the
Disbursement of Incentive Payments and Reimbursement Payments After the
Incentive Auction Closes
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this document, the Incentive Auction Task Force, Wireless
Telecommunications Bureau, and Media Bureau announce instructions to
full power and Class A broadcasters and multichannel video programming
distributors who anticipate receiving incentive and/or reimbursement
payment(s) following the incentive auction. Specifically, the
instructions describe the essential steps that must be taken before
receiving incentive payments based on winning reverse auction bids or
payments from the Television Broadcaster Relocation Fund for expenses
eligible for reimbursement.
DATES: Reverse auction winning bidders must submit an FCC Form 1875 for
each station with a winning bid within 20 business days after the
release of the Auction 1000 Closing and Channel Reassignment Public
Notice.
ADDRESSES: Full power and Class A broadcasters and multichannel video
programming distributors who anticipate receiving incentive and/or
reimbursement payment(s) must mail the original hard-copy of their
completed, signed, and notarized FCC Form 1875 or 1876, as applicable,
to: Federal Communications Commission, Travel & Operations Group, Attn:
Chief of TOG, 9300 East Hampton Drive, Capitol Heights, MD 20743.
FOR FURTHER INFORMATION CONTACT: For general auction questions, contact
Linda Sanderson, Linda.Sanderson@fcc.gov, (717) 338-2868. For reverse
auction incentive payment questions, contact Erik Salovaara,
Erik.Salovaara@fcc.gov, (202) 418-0660, or Kathryn Hinton,
Kathryn.Hinton@fcc.gov, (202) 418-0660. For reimbursement questions,
contact Pam Gallant, Pamela.Gallant@fcc.gov, (202) 418-0614. Press
contact: Charles Meisch, Charles.Meisch@fcc.gov, (202) 418-2943. For
FCC User Registration-related questions, contact the FCC User
Registration System and CORES Help Desk, CORESHelpDesk@fcc.gov, (202)
418-4120.
SUPPLEMENTARY INFORMATION: This is a summary of the Auction 1000
Financial Procedures Public Notice, GN Docket No. 12-268, AU Docket No.
14-252, MB Docket No. 16-306; DA 17-282, released on March 29, 2017.
The complete text of the Auction 1000 Financial Procedures Public
Notice is available for public inspection and copying from 8:00 a.m. to
4:30 p.m. 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 complete text is also
available on the Commission's Web site at https://www.fcc.gov/media, the
Auction 1000 Web site at https://www.fcc.gov/auctions/1000, or by using
the search function on the ECFS Web page at https://www.fcc.gov/cgb/ecfs/. Alternative formats are available to persons with disabilities
by sending an email to FCC504@fcc.gov or by calling the Consumer &
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
1. The Auction 1000 Financial Procedures Public Notice provides
instructions describing the essential steps that full power and Class A
broadcasters and multichannel video programming distributors (MVPDs)
who anticipate receiving incentive and/or reimbursement payment(s)
following the incentive auction (collectively, Payment Applicants) must
take before receiving payments. Specifically, the Auction 1000
Financial Procedures Public Notice describes and explains FCC Forms
1875 and 1876, the forms that Payment Applicants must use to provide
the Commission with directions for making payments. These forms enable
Payment Applicants to certify their agreement with and
[[Page 20479]]
acknowledgement of required payment terms, to identify the
individual(s) authorized to give the Commission instructions regarding
payments, and to identify the financial institution and account into
which payments should be made. The Auction 1000 Financial Procedures
Public Notice also describes the CORES Incentive Auction Financial
Module, the web-based software that enables Payment Applicants to enter
bank account information electronically and view payment information.
I. Procedures for Providing Payment Applicant's Payment Instructions to
the Commission
2. A Payment Applicant must submit payment instructions for each
station (Facility ID) or MVPD (File Number) for which it anticipates
receiving a payment in connection with the incentive auction through a
two-step process to reduce the risk of error or fraud. First, a Payment
Applicant must submit a signed and notarized FCC Form 1875 (for reverse
auction winning bidders) or FCC Form 1876 (for reassigned stations and
MVPDs), along with a bank account verification letter or redacted bank
statement that confirms ownership of the bank account, for each
Facility ID/File Number receiving an incentive payment or reimbursement
payment. After determining that all of the required information has
been provided in the FCC Form 1875/1876, as applicable, FCC staff will
grant the Payment Applicant access to the CORES Incentive Auction
Financial Module. Next, the Payment Applicant must enter bank account
information for the payment recipient in the CORES Incentive Auction
Financial Module. FCC staff will review the information submitted
electronically in the CORES Incentive Auction Financial Module to
confirm that it matches the bank account information submitted in the
signed and notarized FCC Form 1875/1876, as applicable. FCC staff will
contact the Payment Applicant to resolve any discrepancies between
information received in the FCC Form 1875/1876, as applicable, and in
the CORES Incentive Auction Financial Module and will instruct the
Payment Applicant how to submit updated payment instructions. No
incentive payment or reimbursement payment will be made if the bank
account information in the CORES Incentive Auction Financial Module
does not match the bank account information in the FCC Form 1875/1876,
as applicable.
3. When filling out an FCC Form 1875/1876, as applicable, and
entering bank account information electronically in the CORES Incentive
Auction Financial Module, a Payment Applicant should follow the
instructions in the Auction 1000 Financial Procedures Public Notice,
the forthcoming CORES Incentive Auction Financial Module User Manual,
and any related Commission releases. A Payment Applicant should be
fully familiar with other public notices and/or decisions that have
been issued in this proceeding, any future public notices and/or
decisions that may be issued in this proceeding, and any other relevant
public notices and/or decisions the Commission issued in other
proceedings that may relate to the incentive auction. Additional
guidance, data, and information related to the post-auction transition
will be available at www.fcc.gov/incentiveauctions. Additionally,
copies of these and other relevant documents are available at the FCC's
headquarters located at 445 12th Street SW., Washington, DC 20554
during normal business hours. On March 13, 2017, the Incentive Auction
Task Force, in conjunction with the Media Bureau, hosted a public
workshop to review procedures related to the post-auction broadcast
transition. A recording of the workshop is accessible from www.fcc.gov/incentiveauctions and can also be accessed directly at www.fcc.gov/news-events/events/2017/03/post-incentive-auction-transition-workshop.
II. Processing Reverse Auction Incentive Payments
A. Complete Payments
4. Consistent with making only a single incentive payment to a
single payee and into a single account for each station with a winning
bid, each incentive payment disbursed by the U.S. Treasury will be for
the station's total incentive payment. The amount received in the
account designated by the Payment Applicant may reflect offsets and
withholding. In such circumstances, the amount received may be less
than the amount of the winning bid.
B. Sequencing, if Necessary
5. It may be possible to disburse funds to cover the full amount of
incentive payments for all stations with winning bids at one time. In
the event, however, that this is not possible, incentive payments for
stations with winning bids will be disbursed after sufficient funds
become available to cover those payments. To allow stations with
winning bids to vacate their spectrum in a manner that will maintain
the transition schedule for stations remaining on the air, the order in
which stations with winning bids will receive incentive payments will
be determined by the post-auction transition schedule.
C. Public Notice of Ready to Pay
6. When the Commission is ready to direct the U.S. Treasury to make
incentive payments, a public notice will specify each station with a
winning bid, along with its respective winning bidder as identified in
the Auction 1000 Closing and Channel Reassignment Public Notice
(Closing and Reassignment Public Notice), for which a payment is ready
to be disbursed (Ready to Pay Public Notice). The precise timing of any
such public notice cannot be known with certainty in advance. A single
public notice may cover all incentive payments for all winning bidders
or multiple public notices may be needed should incentive payments need
to be disbursed at more than one time for any reason. In addition,
notwithstanding the availability of sufficient funds to make all
incentive payments, technical issues or factors relating to a
particular payee may require additional time to resolve. In that case,
the Commission will issue a Ready to Pay Public Notice covering other
stations' incentive payments and subsequently issue another Ready to
Pay Public Notice as soon as the particular issues relating to the
delayed payment are resolved.
7. The release of a Ready to Pay Public Notice for specified
stations with winning bids will indicate that Commission staff has
directed the U.S. Treasury to make the related incentive payments.
However, the Commission does not control the precise date on which the
U.S. Treasury makes each incentive payment or when each incentive
payment is received in the account identified by the winning bidder or
becomes available to the account holder. For purposes of implementing
Commission rules and procedures that establish deadlines based on when
a winning bidder receives its incentive payment, a station with a
winning bid will be considered to have received its incentive payment
five (5) business days after the date of the Ready to Pay Public Notice
stating that the incentive payment for the particular station with a
winning bid is ready to be disbursed.
8. The Auction Payments component of the CORES Incentive Auction
Financial Module separately will report the U.S. Treasury scheduled
disbursement date. That date is provided for purposes of tracking
payments. The scheduled disbursement date reported in the Auction
Payments component of the CORES Incentive
[[Page 20480]]
Auction Financial Module, however, will not be considered the date of
receipt by the winning bidder for purposes of implementing the
Commission's rules. Instead, the winning bidder will be considered to
have received its payment five (5) business days after the date of the
Ready to Pay Public Notice stating that the incentive payment for a
particular station with a winning bid is ready to be disbursed.
9. The U.S. Treasury has authority to offset federal payments,
including incentive payments, based on information not available to the
Commission. Consequently, the Auction Payments component of the CORES
Incentive Auction Financial Module cannot report information regarding
any such offsets. A winning bidder needing information regarding any
discrepancy between the amount of its winning bid and the incentive
payment received that is not accounted for by offsets or withholdings
identified by the Commission must seek the information directly from
the U.S. Treasury by calling 1-800-304-3107. Hearing impaired callers
may use the Federal Relay Service by dialing 1-800-877-8339 to reach a
communications assistant who will dial the toll free number.
III. Processing Reimbursement Payments
A. Tracking Reimbursement Payments
10. The Commission does not control the precise date on which the
U.S. Treasury makes each reimbursement payment or when each
reimbursement payment is received in the account identified by the
Eligible Entity or becomes available to the account holder. After a
payment is in fact made, the Auction Payments component of the CORES
Incentive Auction Financial Module separately will report the U.S.
Treasury scheduled disbursement date for the payment being made. That
date is provided for purposes of tracking payments. The Auction
Payments component of the CORES Incentive Auction Financial Module will
also show the 399 file number, reference code, and the amount that the
FCC requested be disbursed with respect to the Facility ID/File Number.
11. The U.S. Treasury has authority to offset federal payments,
including reimbursement payments, based on information not available to
the Commission. Consequently, the Auction Payments component of the
CORES Incentive Auction Financial Module cannot report information
regarding any such offsets. An Eligible Entity needing information
regarding any discrepancy between its approved reimbursement payment
and the amount it actually received must seek the information directly
from the U.S. Treasury by calling 1-800-304-3107. Hearing impaired
callers may use the Federal Relay Service by dialing 1-800-877-8339 to
reach a communications assistant who will dial the toll free number.
B. Effects of Ownership Changes
12. Given that the Commission will be processing reimbursement
payments for several years after the release of the Closing and
Reassignment Public Notice, a licensee may assign or transfer a
reassigned station before it has received all of its reimbursement
allotment. If any reassigned station is the subject of a transaction
(i.e., assignment or transfer of control) that is consummated after the
release of the Closing and Reassignment Public Notice and results in a
new FRN for that station (i.e., results in a new FRN-Facility ID
relationship), FCC staff will deactivate the bank account information
associated with the station's pre-consummation FRN, and will hold the
station's in-process reimbursement payment(s), if any, upon acceptance
of the consummation. Once a reimbursement payment has been processed
(i.e., submitted to the U.S. Treasury for disbursement) a freeze will
not preclude transmittal of the processed payment. To facilitate future
reimbursement payments, the assignee must file a new reimbursement
request and timely submit a new FCC Form 1876, along with a bank
account verification letter or redacted bank statement that confirms
ownership of the bank account. Any delay in submission of a new FCC
Form 1876 may cause a delay in the disbursement of a reimbursement
payment as directed by the assignee.
13. The assignee also must submit bank account information in the
Auction Bank Accounts component of the CORES Incentive Auction
Financial Module even if the bank account information has not changed
as a result of the ownership change. None of the station's payment
information associated with the pre-consummation FRN will transfer over
to the station's post-consummation FRN in the Auction Payments
component of the CORES Incentive Auction Financial Module. Any pre-
consummation payment information will, however, remain available to any
authorized users via the pre-consummation FRN account. Therefore, the
assignor and assignee should address in any transaction agreement the
responsibilities and expectations of each party with respect to
reimbursement payments, use of the FRN accounts related to the
transferred or assigned station(s), and any related matters.
14. Reimbursement payments will be disbursed only to an Eligible
Entity--reimbursement payments will not be disbursed to third parties.
As a result, once the assignment or transfer of a reassigned station
has been consummated, reimbursement payments will only be disbursed to
the assignee or transferee. Because an assignment or transfer of
control application could be granted and the parties could consummate
the transaction while a reimbursement request is pending, we strongly
encourage licensees of reassigned stations to account for this
possibility in their transaction agreements and to consider the status
of pending reimbursement requests when deciding to consummate a
transaction. Failure to do so may result in a delay in grant of the
assignment or transfer of control application and/or delay the
Commission's reimbursement process.
15. Prior to granting and/or accepting consummation of a post-
auction transaction involving one or more reassigned stations, the
Media Bureau will provide additional procedural guidance to the parties
involved in the transaction.
Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2017-08816 Filed 5-1-17; 8:45 am]
BILLING CODE 6712-01-P