Incentive Auction Task Force and Media Bureau Remind Repacked Stations of Certain Post-Auction Transition Requirements and Deadlines, 47336-47341 [2018-20305]
Download as PDF
<![CDATA[
amozie on DSK3GDR082PROD with NOTICES1
47336
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
Remediation and Restoration, (OSRR01–
5), Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite
100, Boston, MA 02109–3912; telephone
number: (617) 918–1428; fax number:
(617) 918–0428; email address:
Shewack.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents which explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The telephone number for the Docket
Center is 202–566–1744. For additional
information about EPA’s public docket,
visit https://www.epa.gov/dockets.
Pursuant to section 3506(c)(2)(A) of
the PRA, EPA is soliciting comments
and information to enable it to: (i)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility; (ii) evaluate the
accuracy of the Agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(iii) enhance the quality, utility, and
clarity of the information to be
collected; and (iv) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. EPA will consider the
comments received and amend the ICR
as appropriate. The final ICR package
will then be submitted to OMB for
review and approval. At that time, EPA
will issue another Federal Register
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: This ICR covers the usage of
TANAs with members of the impacted
community in order to determine how
the community is receiving technical
information about a Superfund remedial
or removal site; whether the community
requires additional assistance in order
to understand and respond to siterelated technical information; and
whether there are organizations in the
community that are interested or
involved in site-related issues and
capable of acting as an appropriate
conduit for technical assistance services
to the affected community. Given the
specific nature of the TANA, 8 to 10
VerDate Sep<11>2014
17:09 Sep 18, 2018
Jkt 244001
persons will be interviewed per site,
with an estimated total of 80 persons
being interviewed per year (8 sites).
Responses to the collection of
information are voluntary and the
names of respondents will be protected
by the Privacy Act. The TANA will help
ensure the community’s needs for
technical information assistance are
defined as early in the remedial/removal
process as possible and enable
meaningful community involvement in
the Superfund decision-making process.
Additionally, the TANA process
produces a blueprint for designing a
coordinated effort to meet the
community’s needs for additional
technical assistance while minimizing
the overlap of services provided.
Form numbers: None.
Respondents/affected entities:
Respondents to this ICR are local/state
government officials, potentiallyresponsible party (PRP) representatives,
community organizations, businesses
and individuals who may be impacted
by a Superfund site or a removal action
lasting 120 days or longer. These
community members voluntarily
participate in community involvement
activities throughout the remedial phase
of the Superfund process. SIC Codes are
OSHA’s Standard Industrial
Classification System used to identify
different groups. Local/state
governments are categorized as Division
J: Public Administration, Major Group
95: Administration of Environmental
Quality, subgroup 9511: Air and Water
Resource and Solid Waste Management.
The other respondents, community
members, do not have a SIC Code as
they do not constitute an industry.
Respondent’s obligation to respond:
voluntary.
Estimated number of respondents: 80
(per year).
Frequency of response: Once during
the remediation of the Site. Each TANA
interview is expected to last
approximately one hour in duration.
Total estimated burden: 80 hours (per
year). Burden is defined at 5 CFR
1320.03(b).
Total estimated cost: $1,860 (per
year), includes $0 annualized capital or
operation & maintenance costs.
Changes in Estimates: A reduction in
the total estimated respondent burden is
expected when compared with the ICR
currently approved by OMB.
Dated: September 12, 2018.
James E. Woolford,
Director, Office of Superfund Remediation
and Technology Innovation.
[FR Doc. 2018–20388 Filed 9–18–18; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 16–306 and GN Docket No.
12–268; DA 18–884]
Incentive Auction Task Force and
Media Bureau Remind Repacked
Stations of Certain Post-Auction
Transition Requirements and
Deadlines
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
This document is intended to
remind stations that were assigned to
new channels as a result of the incentive
auction (repacked stations) of upcoming
deadlines, application filing obligations,
and notice requirements. This document
also provides additional guidance
concerning transition matters, including
permissible station operations during
the phase testing periods, when a
station is expected to cease pre-auction
operations, and the need to coordinate
with other linked-stations.
FOR FURTHER INFORMATION CONTACT:
Evan Morris, Media Bureau, (202) 418–
1656.
SUPPLEMENTARY INFORMATION: This is a
summary of the Public Notice, MB
Docket MB Docket No. 16–306 and GN
Docket No. 12–268, DA 18–884, adopted
and released August 27, 2018, by the
Chief of the Media Bureau pursuant to
delegated authority. The full text of the
Order is available for 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. The
full text is also available online at
https://apps.fcc.gov/ecfs/ and https://
www.fcc.gov/edocs.
SUMMARY:
Summary of the Public Notice
1. The Incentive Auction Task Force
and the Media Bureau (Bureau) herein
remind repacked stations of upcoming
deadlines, application filing obligations,
and notice requirements, and provide
additional guidance concerning
transition matters, including
permissible station operations during
the phase testing periods, when a
station is expected to cease pre-auction
operations, and the need to coordinate
with other linked-stations. For purposes
of this Public Notice, a ‘‘repacked
station’’ means a full power or Class A
broadcast television station that was
assigned both a new channel and to a
post-auction transition phase in the
Incentive Auction Closing and Channel
Reassignment Public Notice. This
includes stations that submitted a
E:\FR\FM\19SEN1.SGM
19SEN1
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
winning bid to move from the ultra-high
frequency (UHF) band to the very-high
frequency (VHF) band, or from the high
VHF band to the low VHF band (i.e.,
band changers). Unless otherwise
specified, ‘‘repacked station’’ also
includes channel sharee stations that are
channel sharing with a repacked station.
Infra, para. 19. This Public Notice does
not address the obligations of displaced
low power television and translator
stations, non-repacked full power or
Class A television stations with unbuilt
construction permits, or the small
number of Class A television stations
that were not protected during the
repacking process.
2. Transition Timetable. Each
repacked station is assigned to one of 10
transition phases, each with specific
dates on which the station, subject to
any required coordination, can
commence testing and operation on its
post-auction channel (testing period
start date) and must cease operating on
its pre-auction channel (phase
completion date). A repacked station’s
phase completion date is also the date
listed on its construction permit as its
construction expiration date. Below is
the current phase transition schedule
with each phase’s applicable testing
period start date and phase completion
date.
Phase
amozie on DSK3GDR082PROD with NOTICES1
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
8 ................
9 ................
10 ..............
Testing
period start
date
09/14/2018
12/01/2018
04/13/2019
06/22/2019
08/03/2019
09/07/2019
10/19/2019
01/18/2020
03/14/2020
05/02/2020
Phase
completion
date
11/30/2018
04/12/2019
06/21/2019
08/02/2019
09/06/2019
10/18/2019
01/17/2020
03/13/2020
05/01/2020
07/03/2020
3. Repacked Station Transition Data.
Information on repacked stations’ postauction channel assignments, phase
assignments, and linked-station sets,
including changes made during the
transition, can be found at the following
website: https://data.fcc.gov/download/
incentive-auctions/Current_Transition_
Files/ (Transition Data website). The
date of any update is noted next to each
file. All modifications to the Transition
Data website can be viewed by clicking
on the link entitled ‘‘Change Log.’’
Individual station’s phase assignments
and deadlines, including changes, can
also be found on each repacked station’s
‘‘facility page’’ in the Commission’s
Licensing and Management System
(LMS) under the ‘‘Transition Data’’ tab.
To access a station’s ‘‘facility page,’’
VerDate Sep<11>2014
17:09 Sep 18, 2018
Jkt 244001
perform a ‘‘Facility Search’’ by call sign
in LMS and then click on the station’s
Facility ID number.
4. Testing/Commencing Post-Auction
Operations. Repacked stations may not
commence testing or operation on their
post-auction channel until 12:01 a.m.
(local time) on their testing period start
date. To be clear, transmitting any signal
(a test signal or otherwise) on a
repacked station’s post-auction channel
prior to its testing period start date
without express authority from the
Commission to do so would be a
violation of the Commission’s
regulations concerning the post-auction
transition and amount to unauthorized
operation. Unless expressly stated in a
repacked station’s construction permit
or necessitated by being part of a linkedstation set, Commission consent is not
required to commence testing or postauction operation starting at 12:01 a.m.
(local time) on a repacked station’s
testing period start date. During the
testing period stations are permitted to
transmit a signal using their postauction channel in order to: (1) Conduct
testing of a station’s equipment/signal to
ensure proper functionality, see 47 CFR
73.1610; and (2) permanently
commence operation on their postauction channel upon ceasing operation
on their pre-auction channel, see 47
CFR 73.1620. The purpose of the testing
period is not for stations to simulcast
signals to viewers on two channels.
Stations must file an application for
license to cover (FCC Form 2100,
Schedule B (full power) or Schedule F
(Class A)) within 10 days following
commencement of program test
authority, see 47 CFR 73.1620.
5. Some stations are required to
receive authority to commence
operation under program test authority,
notably stations that will be operating
on channel 14, see 47 CFR
73.687(e)(4)(ii). Stations should
carefully check the terms of their
construction permits for any special
conditions and any required
documentation that must accompany a
request for program test authority. In
order to avoid going silent, a station that
requires advance permission to
commence program test authority
should request Commission authority to
do so in advance of its phase
completion date.
6. Coordination Among LinkedStations. Stations that are part of a
linked-station set must coordinate both
testing and commencement of operation
on their post-auction channel with all
other stations to which they are directly
linked in that linked-station set.
Stations in a linked station-set are
linked through direct dependencies. An
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
47337
‘‘upstream’’ station in a linked-station
set is one that must transition to its
post-auction channel prior to another
station(s) in the set (the ‘‘downstream’’
station) in order to avoid interference. If
a ‘‘downstream’’ station was to test or
operate on its post-auction channel
while the ‘‘upstream’’ station continued
to operate on its pre-auction channel,
one or both of the stations would
receive interference from the other. In
most cases, coordination will require
more than notice of a station’s
individual plans. Coordination should
result in an agreed upon designated
time and date on which all linkedstations will conduct testing on their
post-auction channels and which all
such stations will commence operation
on their new channels. Failure to
closely coordinate will result, in many
cases, in substantial interference. An
increase of pairwise interference in
excess of 2%, unless expressly
authorized by the Commission or agreed
to among the affected stations, is a
violation of Commission rules. As noted
above, complete information on linkedstation sets and direct dependencies can
be found on the Transition Data website,
as well as on each repacked station’s
‘‘facility page’’ in LMS under the
‘‘Transition Data’’ tab.
7. Requests for Additional Flexibility
Using Special Temporary Authority. As
we have recognized, in order for some
repacked stations to construct their
post-auction facility they may need to
operate with temporary facilities on
either their pre-auction or post-auction
channel for a period of time. If a station
must operate on its pre-auction or postauction channel at variance from its
authorized parameters, a station must
file an application for special temporary
authority (STA) and receive a grant of
such authority prior to commencing
operations. A station could also conduct
such operations without an STA if it
were commencing operation using a
licensed auxiliary facility. There are
several additional tools at a repacked
station’s disposal to remain on the air if
it is unable to commence operation on
its post-auction channel by its phase
completion date. Repacked stations may
seek an STA to individually use a
temporary channel or engage in
temporary joint use of a channel.
Authorization of use of an individual
temporary channel will be restricted to
replicating a station’s pre-auction
coverage area and population served.
While we will consider requests to
temporarily operate in the new wireless
band, we will require broadcasters to
demonstrate that there is no reasonable
alternative available and provide
E:\FR\FM\19SEN1.SGM
19SEN1
amozie on DSK3GDR082PROD with NOTICES1
47338
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
consent from potentially impacted
wireless licensee(s). In the case of a
request for temporary joint use of a
channel, the applicant (joint user) must
include with its request a written
authorization from the licensee of the
host station. Commercial and
noncommercial educational (NCE)
stations as well as full power and Class
A stations may request to engage in
temporary joint use of a channel.
Stations also may request an STA to
continue to operate on their pre-auction
channel beyond their phase completion
deadlines. We clarify that STA requests
to continue operating on a station’s preauction channel should not be made in
lieu of filing for a phase change. See
infra, para. 14. We envision such
requests would be filed when a station
discovers at the last-minute that, due to
unforeseen circumstances beyond its
control, it will be unable to commence
operation on its post-auction channel by
its phase completion date and is left
with no reasonable alternative other
than going silent. Authority for a station
to continue to operate on its pre-auction
channel after its phase completion date
may only be possible at reduced power.
8. As we have previously announced,
the Bureau will evaluate all STA
requests to determine whether grant
would delay or disrupt the post-auction
transition schedule. We will not grant
an STA that would authorize a station
to operate on its pre-auction channel
beyond the end of the 39-month
transition period. While we have
provided several tools to provide relief
to stations that are unable to satisfy
certain transition deadlines, failure to
timely initiate a construction project or
undertake necessary steps to meet
transition deadlines, including due to a
pending application, or the amount of
any reimbursement allocation, will not
be weighed favorably as a factor in
considering such grants of relief. See
Incentive Auction Task Force and
Media Bureau Announce the Initial
Reimbursement Allocation for Eligible
Broadcasters and MVPDs, Public
Notice, 32 FCC Rcd 7556, 7559–60
(IATF/MB 2017); Incentive Auction
Task Force and Media Bureau
Announce a Further Reimbursement
Allocation for Eligible Broadcasters and
MVPDs, Public Notice, DA 18–372, 5
(rel. Apr. 16, 2018). All STAs for
temporary facilities granted in
connection with the post-auction
transition will be for a maximum of 180
days. We recommend that repacked
stations, if possible, file such STA
requests at least 30 days prior to the
date they plan to commence STA
operations. In addition, the Bureau may
VerDate Sep<11>2014
17:09 Sep 18, 2018
Jkt 244001
modify or cancel an STA at any time,
without prior notice or right to hearing,
see 47 CFR 73.1635.
9. Silent Authority. Commission rules
provide that a station may suspend
operations for a period of not more than
30 days absent specific authority from
the Commission. Stations that remain
silent for more than 10 days must notify
the Commission not later than the tenth
day of their suspended operations by
filing a Suspension of Operations
Notification in LMS, 47 CFR
73.1740(a)(4). Stations that need to
remain silent for more than 30 days
must file for a Silent STA. Id. We
remind stations that the license of any
station that remains silent for any
consecutive 12-month period expires
automatically at the end of that period,
by operation of law, except that the
Commission can extend or reinstate
such a license ‘‘to promote equity and
fairness.’’ 47 U.S.C. 312(g). In
considering requests to extend or
reinstate a license, we will examine
whether the station has demonstrated
that its silence is the result of
compelling reasons beyond the station’s
control, including facts that relate to the
post-auction transition process.
10. In the unlikely circumstance
where a station believes it will need to
temporarily go silent because it will be
unable to commence operation on its
post-auction channel by its phase
completion date, the station should
notify its regional coordinator and send
an email to IATransition@fcc.gov as
soon as that fact is known. An up-todate list is available at: https://
www.fcc.gov/about-fcc/fcc-initiatives/
incentive-auctions/transition-schedule,
select the ‘‘Regions’’ tab.
11. Ceasing Pre-Auction Channel
Operation. In order to accommodate a
smooth transition and prevent viewer
confusion, repacked stations are
expected to cease operation on their preauction channel upon whichever of the
following occurs first: (1) The filing of
a license to cover; (2) the
commencement of operation on the
station’s post-auction channel pursuant
to a grant of STA to operate at variance
from its authorized post-auction
parameters; (3) the date a station has
informed viewers it will be ceasing preauction operations or commencing postauction operations; or (4) no later than
11:59 p.m. local time on the station’s
assigned phase completion date. As
discussed in greater detail below, a
station that cannot complete
construction of its post-auction facility
by the construction permit expiration
date (i.e. the station’s phase completion
date), may seek a single extension of the
construction permit expiration date of
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
up to 180 days. However, absent express
authority from the Commission to the
contrary, a repacked station must cease
operation on its pre-auction channel no
later than the station’s phase completion
date.
12. Extension of Construction Permit
Expiration Date. A station may seek a
single extension of the construction
permit expiration date of up to 180 days
by submitting an extension application
using Schedule 2100, FCC Form 337
(Construction Permit Extension). Such
application must be filed 90 days before
a station’s construction permit deadline.
See 47 CFR 73.3700(b)(5). The deadline
for filing a Construction Permit
Extension application, by phase and
based on the current transition
schedule, are as follows:
Phase
1 ......................................
2 ......................................
3 ......................................
4 ......................................
5 ......................................
6 ......................................
7 ......................................
8 ......................................
9 ......................................
10 ....................................
180-day
construction
permit extension
filing deadline
09/04/2018
01/14/2019
03/25/2019
05/06/2019
06/10/2019
07/22/2019
10/21/2019
12/16/2019
02/03/2020
04/06/2020
A Construction Permit Extension
application must include an exhibit
demonstrating that, despite all
reasonable efforts, the station is unable
to complete construction of its new
facility on time due to circumstances
that were either unforeseeable or
beyond its control. The following
circumstances might justify grant of an
extension of a station’s construction
deadline: (1) Weather related delays; (2)
delays in construction due to the
unavailability of equipment or a tower
crew; (3) tower lease disputes; (4)
unusual technical challenges; or (5)
delays caused by the need to obtain
government approvals, such as land use
or zoning approvals, or to observe
competitive bidding requirements prior
to purchasing equipment or services. In
limited circumstances and with
appropriate supporting documentation,
stations may rely on ‘‘financial
hardship’’ as a criterion for seeking an
extension of time. Such circumstances
may, for example, include a situation in
which a station is subject to an active
bankruptcy or receivership proceeding.
47 CFR 73.3700(b)(5)(ii) and (iii).
13. Grant of a Construction Permit
Extension does not modify the
requirement that the station cease
operation on its pre-auction channel by
11:59 p.m. (local time) on its phase
E:\FR\FM\19SEN1.SGM
19SEN1
amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
completion date. The Bureau has also
announced that, prior to grant, it will
evaluate all extension applications to
determine whether grant will delay or
disrupt the post-auction transition
schedule. Additional time beyond the
initial 180-day extension will be subject
to the Commission’s stricter ‘‘tolling’’
rule. See 47 CFR 73.3700(b)(5)(i) and
73.3598(b).
14. Request for Waiver and
Modification of Assigned Transition
Phase. The Bureau has stated that it will
evaluate, on a case-by-case basis,
requests for waiver and modification of
a station’s transition phase under the
Commission’s general waiver standard,
47 CFR 1.3, and by assessing the impact
of the request on the transition
schedule, including the impact on other
broadcasters and viewers. In order to
facilitate a timely and orderly transition,
the Bureau determined that it will view
favorably requests that are compliant
with the Commission’s rules and have
little or no impact on the transition
schedule. We will evaluate factors such
as the impact on viewers, the impact on
other repacked stations’ access to
resources, how modification to the
transition schedule may disrupt
deployment of new 600 MHz broadband
services, and if the phase change would
inhibit broadcasters’ ability to complete
the transition within the 39-month postauction transition period. Requests that
the staff determine would be likely to
delay or disrupt the transition schedule
will be viewed unfavorably. See
Incentive Auction Task Force and
Media Bureau Adopt Post-Incentive
Auction Transition Scheduling Plan,
Public Notice, 32 FCC Rcd 890, 912–14,
paras. 49–52 (MB 2017). During the 10phase transition period, the testing
period start dates and phase completion
dates occur in quick succession,
especially as the transition progresses.
Therefore, we must undertake a detailed
review of each request based on the
unique facts and circumstances
presented in order to determine whether
the benefits of a phase change outweigh
the burdens and is in the public interest.
In particular, we must do all that is
possible to ensure limited resources (for
instance structural engineers, tower
crews, and equipment manufacturers,
among others) are available to repacked
stations and must be mindful of the
additional burdens on viewers that
some phase changes impose when the
change would increase the number of
rescan periods in an area. That is why
we limited the number of rescan periods
per DMA to a maximum of two when
we established the phased transition
schedule. Furthermore, when setting the
VerDate Sep<11>2014
17:09 Sep 18, 2018
Jkt 244001
testing period start date and phase
completion date for each phase, we took
into account time and resource
estimates based on information
collected through notice and comment,
to estimate how long it would take all
the stations in each phase to obtain
access to limited resources and
complete their transitions. We note that
a vast majority of phase changes to date
have involved stations receiving
authority to transition to their postauction channel in the period prior to
Phase 1. These ‘‘early’’ transition cases
in particular presented facts and
circumstances that may no longer be
applicable or have the same benefit after
the testing period start date for Phase 1
commences on September 14, 2018.
15. Required Transition Notifications.
Repacked stations are required to
provide notices to viewers and certain
third-party entities prior to transitioning
to their post-auction channel. Precisely
when these notifications are made will
be unique to each station’s individual
transition plans. With regard to viewer
notifications, at least 30 days prior to
ceasing operation on a station’s preauction channel all stations must air at
least 60-seconds per day of on-air
consumer education public service
announcements (PSAs) or crawls, see 47
CFR 73.3700(c)(3). If a station’s
anticipated transition date changes,
licensees are expected to promptly
provide updated notifications to viewers
reflecting the date change. To the extent
a station is not able to comply with its
consumer education requirements, it
must file a request for waiver of 47 CFR
73.3700(c) as a Legal STA in LMS. All
waiver requests will be evaluated on a
case-by-case basis in accordance with
the Commission waiver standard, 47
CFR 1.3, and must include the following
information: (1) An explanation
describing why the station is unable to
comply with the existing consumer
education requirements; (2) an
alternative but comparable means the
station will use to notify viewers of the
station’s new channel; and (3) why grant
of the waiver request complies with the
Commission’s general waiver standard.
A station may propose to provide
alternative notification to viewers
through, for example, local newspaper,
radio, other in-market television
stations, and/or digital and social
media. Depending on the proposal, the
Bureau may require a combination of
alternative notification efforts. The
required substance of a station’s viewer
notifications are set forth in 47 CFR
73.3700(c)(4) and (5) of the Rules.
Within 30 days following completion of
a station’s transition to its post-auction
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
47339
channel, stations must place in their
online local public inspection file a
certification of compliance with its
viewer notification obligations. 47 CFR
73.3700(c)(6). Stations should upload a
copy of this certification into the folder
in their online local public inspection
file entitled ‘‘Auction Transition
Consumer Certification.’’ Instructions
for accessing and uploading documents
to a station’s online local public
inspection file can be found at: https://
publicfiles.fcc.gov/faq/.
16. Stations must also provide notice
to Multichannel Video Programming
Distributors (MVPDs) not less than 90
days prior to the date on which the
station will begin operations on its postauction channel. The requirements of
the written notice and where the notice
must be sent are provided in 47 CFR
73.3700(d). If a station’s anticipated
transition date changes, the licensee
must send a further notice to the
affected MVPD informing them of the
new anticipated date. 47 CFR
73.3700(d)(5)(v). We strongly encourage
stations also to reach out to their regular
contacts with local MVPDs in addition
to the points of contact identified in the
rule in order to ensure a smooth
transition.
17. Notifications must also be
provided based on individual
conditions placed on stations
construction permits. Some of these
notifications include providing notice to
health care facilities, 47 CFR
15.242(a)(1), such as hospitals and
nursing homes, and AM radio stations.
Stations should review their
construction permit for such conditions
and make arrangements now to ensure
that they are met prior to the filing of
a license to cover.
18. Post-Auction Transition Progress
Reports. Repacked stations are required
to file Post-Auction Transition Progress
Reports using FCC Form 2100, Schedule
387, electronically in LMS at various
times during the transition process. See
47 CFR 73.3700(e)(5). Transition
Progress Report obligations were
established for both reimbursable
repacked stations and non-reimbursable
repacked stations (i.e., band changers).
Reports much be filed quarterly
(Quarterly Report) no later than January
10, April 10, July 10, and October 10.
Each report reflects information for the
preceding quarter: January 10 for the
fourth quarter of the previous year
(October-December), April 10 for the
first quarter (January-March), July 10 for
the second quarter (April-June), and
October 10 for the third quarter (JulySeptember). Reports must also be filed
(1) 10 weeks before the end of their
assigned construction deadline (10-
E:\FR\FM\19SEN1.SGM
19SEN1
47340
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
Week Report); (2) 10 days after they
complete all work related to
construction of their post-auction
facilities (Construction Completion
Report); and (3) five days after they
cease broadcasting on their pre-auction
channel (Pre-Auction Termination
Report). See The Incentive Auction Task
Force and Media Bureau Release
Transition Progress Report Form and
Filing Requirements for Stations Eligible
for Reimbursement from the TV
Broadcast Relocation Fund and Seek
Comment on the Filing of the Report by
Non-Reimbursable Stations, Public
Notice, 32 FCC Rcd 256 (MB 2017); The
Incentive Auction Task Force and
Media Bureau Adopt Filing
Requirements For the Transition
Progress Report Form By Stations that
are Not Eligible for Reimbursement from
the TV Broadcast Relocation Fund,
Public Notice, 32 FCC Rcd 4029 (MB
2017). The 10-Week Report filing dates
based on the current transition schedule
is as follows:
Phase
10-week report
filing deadline
amozie on DSK3GDR082PROD with NOTICES1
1 ......................................
2 ......................................
3 ......................................
4 ......................................
5 ......................................
6 ......................................
7 ......................................
8 ......................................
9 ......................................
10 ....................................
09/21/2018
02/01/2019
04/12/2019
05/24/2019
06/28/2019
08/09/2019
11/08/2019
01/03/2020
02/21/2020
04/24/2020
The timing of the Construction
Completion Report and Pre-Auction
Termination Report will be based on
each station’s unique situation and
transition timing. The Construction
Completion Report should only be filed
when the post-auction facility
authorized in a station’s construction
permit has been completed and the
station could file an application for
license to cover if it were permitted to
commence program test authority on its
post-auction channel. The filing of a
station’s Construction Completion
Report does not necessarily require the
filing of a license to cover. Such filing
is only required once the station
commences program test authority,
which the station is only able to do on
or after its testing period start date,
subject to any required coordination if
the station is in a linked-station set. A
station may file its Construction
Completion Report in advance of its
testing period start date assuming that
construction of its post-auction facility
is complete, but making such a filing
does not permit a station to commence
post-auction operation prior to its
VerDate Sep<11>2014
17:09 Sep 18, 2018
Jkt 244001
testing period start date. If a station will
be commencing operation on its postauction channel under an STA, it must
wait to file its Construction Completion
Report until after it has filed its PreAuction Termination Report and
completed construction of the postauction facility authorized in its
construction permit. Each category of
Transition Progress Report are
individual reports that must be filed
separately. A station must continue to
file Quarterly Reports until it has filed
its 10-Week Report, Pre-Auction
Termination Report, and Construction
Completion Report.
19. Channel Sharing Repacked
Station. In the event that a channel
sharee station (sharee station) is channel
sharing with another station (host
station) that is repacked, the sharee
station must comply with all
notification requirements, including but
not limited to consumer and MVPD
notice requirements as discussed above.
In addition, not less than 60 days prior
to the host station’s phase construction
deadline, the host station must file a
minor change application to its current
channel sharing license for a
construction permit (FCC Form 2100
–Schedule A (full power) and Schedule
E (Class A)) specifying the host station’s
post-auction channel and parameters
previously authorized in its postauction construction permit. Such
applications will be considered minor
changes and will be subject to filing
fees. Please note, these filing
instructions differ from those previously
provided. Failure to follow the
instructions set forth in this Public
Notice could result in application
processing delays and the need to file
additional applications. So long as the
sharee station is licensed to operate on
the same channel as the host station and
a minor change application has been
filed by the host station, LMS is
designed so that a license application
for a post-auction channel filed by the
host station will be filed on behalf of all
licensed sharee stations. LMS requires
that the filer certify that all channel
sharing stations consent to the filing of
the application. Because sharee stations
will be operating from the same postauction facility as the repacked host
station, sharee stations are not required
to file Transition Progress Reports.
Furthermore, only the host station needs
to file a request for waiver and
modification of assigned phase change
so long as a signed letter of consent from
each licensee that is a party to the
channel sharing arrangement is
included with the request. All other
applications and filings discussed in
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
this Public Notice, including but not
limited to requests for an engineering
STA, STA for silent authority, and a
request for Construction Permit
Extension, must be individually filed by
both the host station and any sharee
station.
20. Informal Request for Transition
Dates and Outreach Information. In
order to assist the Commission with
answering viewer inquiries and
evaluating ways to further support
repacked stations’ transition efforts, we
informally request that a repacked
station notify us via email at
IAtransition@fcc.gov once it knows the
specific date that it intends to cease
operations on its pre-auction channel
and commence operations on its postauction channel. We would also
welcome additional information
concerning places the Commission can
direct viewers to obtain information
about a repacked station’s transition
plans, such as a viewer email inquiry
box, website, or hotline. While this is
not an official information collection
and you are not required to provide us
with this information, voluntarily doing
so will help the Commission support
repacked stations transition efforts and
help facilitate a smooth transition
process for viewers.
21. Contacts. Additional questions
concerning the post-incentive auction
transition or this Public Notice may be
referred to the contact persons listed in
the Public Notice.
22. Filings. All applications and
reports referenced in this Public Notice
must be filed in LMS, including but not
limited to Transition Progress Reports,
Applications for License to Cover, STAs
(technical and legal), and Construction
Permit Extensions. LMS filing
instructions are provided in Appendix
A of the Public Notice. Stations are also
asked to send an electronic copy of
certain transition-related filings, as
indicated in Appendix A, via email to:
IATransitionlicensing@fcc.gov.
23. Additional Resources. Repacked
stations and other interested parties may
want to visit the Commission’s
broadcast transition website and/or
review the following additional
resources listed in the Public Notice and
available on the Commission’s EDOCS
database (https://www.fcc.gov/edocs) for
guidance concerning the post-incentive
auction broadcast television transition.
24. This action is taken by the Chief,
Media Bureau, pursuant to authority
delegated by 47 CFR 0.61.
E:\FR\FM\19SEN1.SGM
19SEN1
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Notices
Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
[FR Doc. 2018–20305 Filed 9–18–18; 8:45 am]
assets or the ownership of, control of, or
BILLING CODE 6712–01–P
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
FEDERAL RESERVE SYSTEM
owned by the bank holding company,
Change in Bank Control Notices;
including the companies listed below.
Acquisitions of Shares of a Bank or
The applications listed below, as well
Bank Holding Company
as other related filings required by the
The notificants listed below have
Board, are available for immediate
applied under the Change in Bank
inspection at the Federal Reserve Bank
Control Act (12 U.S.C. 1817(j)) and
indicated. The applications will also be
§ 225.41 of the Board’s Regulation Y (12 available for inspection at the offices of
CFR 225.41) to acquire shares of a bank
the Board of Governors. Interested
or bank holding company. The factors
persons may express their views in
that are considered in acting on the
writing on the standards enumerated in
notices are set forth in paragraph 7 of
the BHC Act (12 U.S.C. 1842(c)). If the
the Act (12 U.S.C. 1817(j)(7)).
proposal also involves the acquisition of
The notices are available for
a nonbanking company, the review also
immediate inspection at the Federal
includes whether the acquisition of the
Reserve Bank indicated. The notices
nonbanking company complies with the
also will be available for inspection at
standards in section 4 of the BHC Act
the offices of the Board of Governors.
(12 U.S.C. 1843). Unless otherwise
Interested persons may express their
noted, nonbanking activities will be
views in writing to the Reserve Bank
indicated for that notice or to the offices conducted throughout the United States.
of the Board of Governors. Comments
Unless otherwise noted, comments
must be received not later than October
regarding each of these applications
5, 2018.
must be received at the Reserve Bank
A. Federal Reserve Bank of Kansas
indicated or the offices of the Board of
City (Dennis Denney, Assistant Vice
Governors not later than October 17,
President) 1 Memorial Drive, Kansas
2018.
City, Missouri 64198–0001:
A. Federal Reserve Bank of Chicago
1. Max E. Nichols Trust and Max E.
(Colette A. Fried, Assistant Vice
Nichols, Great Bend, Kansas,
President) 230 South LaSalle Street,
individually, and as Trustee of such
Chicago, Illinois 60690–1414:
trust; the Max E. Nichols Legacy Trust
and James Steven Clinkinbeard, Topeka,
1. TEB, MHC and TEB Bancorp, Inc.,
Kansas as Trustee of such trust; EPC
both of Wauwatosa, Wisconsin; to
LLC, a Kansas limited liability company; become a mutual bank holding company
Joe Lynn Nichols, Paradise Valley,
and mid-tier stock bank holding
Arizona; and Erin P. Nichols, Lakewood, company, respectively, by acquiring 100
Colorado, (collectively, the Nichols
percent of the voting shares of The
Family Group); to retain voting shares of
Equitable Bank, S.S.B., Wauwatosa,
American State Bancshares, Inc.,
Wisconsin, in connection with the
Wichita, Kansas and indirectly retain
conversion of The Equitable Bank, S.S.B
shares of American State Bank and
from mutual to stock form.
Trust Company, Great Bend, Kansas.
In connection with the proposal, TEB
Board of Governors of the Federal Reserve
Bancorp, Inc., Wauwatosa, Wisconsin,
System, September 14, 2018.
has applied to engage de novo in
Michele T. Fennell,
extending credit and servicing loans,
Assistant Secretary of the Board.
pursuant to section 225.28(b)(1) of
[FR Doc. 2018–20387 Filed 9–18–18; 8:45 am]
Regulation Y.
amozie on DSK3GDR082PROD with NOTICES1
BILLING CODE 6210–01–P
Board of Governors of the Federal Reserve
System, September 14, 2018.
Michele T. Fennell,
Assistant Secretary of the Board.
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
[FR Doc. 2018–20386 Filed 9–18–18; 8:45 am]
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
VerDate Sep<11>2014
17:09 Sep 18, 2018
Jkt 244001
BILLING CODE 6210–01–P
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
47341
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0076; Docket No.
2018–0003; Sequence No. 13]
Submission for OMB Review;
Novation/Change of Name
Requirements
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for comments
regarding an extension to an existing
OMB clearance.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division will be
submitting to the Office of Management
and Budget (OMB) a request to review
and approve an extension of a
previously approved information
collection requirement concerning
Novation/Change of Name
Requirements.
SUMMARY:
Submit comments on or before
October 19, 2018.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for GSA, Room 10236,
NEOB, Washington, DC, 20503.
Additionally submit a copy to GSA by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching the OMB control number.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘Information
Collection 9000–0076, Novation/Change
of Name Requirements’’. Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and
‘‘Information Collection 9000–0076,
Novation/Change of Name
Requirements’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW,
Washington, DC 20405. ATTN: Ms.
Mandell/IC 9000–0076, Novation/
Change of Name Requirements.
Instructions: Please submit comments
only and cite Information Collection
9000–0076, Novation/Change of Name
DATES:
E:\FR\FM\19SEN1.SGM
19SEN1
]]>Agencies
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Notices]
[Pages 47336-47341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20305]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 16-306 and GN Docket No. 12-268; DA 18-884]
Incentive Auction Task Force and Media Bureau Remind Repacked
Stations of Certain Post-Auction Transition Requirements and Deadlines
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document is intended to remind stations that were
assigned to new channels as a result of the incentive auction (repacked
stations) of upcoming deadlines, application filing obligations, and
notice requirements. This document also provides additional guidance
concerning transition matters, including permissible station operations
during the phase testing periods, when a station is expected to cease
pre-auction operations, and the need to coordinate with other linked-
stations.
FOR FURTHER INFORMATION CONTACT: Evan Morris, Media Bureau, (202) 418-
1656.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, MB
Docket MB Docket No. 16-306 and GN Docket No. 12-268, DA 18-884,
adopted and released August 27, 2018, by the Chief of the Media Bureau
pursuant to delegated authority. The full text of the Order is
available for 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. The full text is also available online
at https://apps.fcc.gov/ecfs/ and https://www.fcc.gov/edocs.
Summary of the Public Notice
1. The Incentive Auction Task Force and the Media Bureau (Bureau)
herein remind repacked stations of upcoming deadlines, application
filing obligations, and notice requirements, and provide additional
guidance concerning transition matters, including permissible station
operations during the phase testing periods, when a station is expected
to cease pre-auction operations, and the need to coordinate with other
linked-stations. For purposes of this Public Notice, a ``repacked
station'' means a full power or Class A broadcast television station
that was assigned both a new channel and to a post-auction transition
phase in the Incentive Auction Closing and Channel Reassignment Public
Notice. This includes stations that submitted a
[[Page 47337]]
winning bid to move from the ultra-high frequency (UHF) band to the
very-high frequency (VHF) band, or from the high VHF band to the low
VHF band (i.e., band changers). Unless otherwise specified, ``repacked
station'' also includes channel sharee stations that are channel
sharing with a repacked station. Infra, para. 19. This Public Notice
does not address the obligations of displaced low power television and
translator stations, non-repacked full power or Class A television
stations with unbuilt construction permits, or the small number of
Class A television stations that were not protected during the
repacking process.
2. Transition Timetable. Each repacked station is assigned to one
of 10 transition phases, each with specific dates on which the station,
subject to any required coordination, can commence testing and
operation on its post-auction channel (testing period start date) and
must cease operating on its pre-auction channel (phase completion
date). A repacked station's phase completion date is also the date
listed on its construction permit as its construction expiration date.
Below is the current phase transition schedule with each phase's
applicable testing period start date and phase completion date.
------------------------------------------------------------------------
Phase
Phase Testing period completion
start date date
------------------------------------------------------------------------
1....................................... 09/14/2018 11/30/2018
2....................................... 12/01/2018 04/12/2019
3....................................... 04/13/2019 06/21/2019
4....................................... 06/22/2019 08/02/2019
5....................................... 08/03/2019 09/06/2019
6....................................... 09/07/2019 10/18/2019
7....................................... 10/19/2019 01/17/2020
8....................................... 01/18/2020 03/13/2020
9....................................... 03/14/2020 05/01/2020
10...................................... 05/02/2020 07/03/2020
------------------------------------------------------------------------
3. Repacked Station Transition Data. Information on repacked
stations' post-auction channel assignments, phase assignments, and
linked-station sets, including changes made during the transition, can
be found at the following website: https://data.fcc.gov/download/incentive-auctions/Current_Transition_Files/ (Transition Data website).
The date of any update is noted next to each file. All modifications to
the Transition Data website can be viewed by clicking on the link
entitled ``Change Log.'' Individual station's phase assignments and
deadlines, including changes, can also be found on each repacked
station's ``facility page'' in the Commission's Licensing and
Management System (LMS) under the ``Transition Data'' tab. To access a
station's ``facility page,'' perform a ``Facility Search'' by call sign
in LMS and then click on the station's Facility ID number.
4. Testing/Commencing Post-Auction Operations. Repacked stations
may not commence testing or operation on their post-auction channel
until 12:01 a.m. (local time) on their testing period start date. To be
clear, transmitting any signal (a test signal or otherwise) on a
repacked station's post-auction channel prior to its testing period
start date without express authority from the Commission to do so would
be a violation of the Commission's regulations concerning the post-
auction transition and amount to unauthorized operation. Unless
expressly stated in a repacked station's construction permit or
necessitated by being part of a linked-station set, Commission consent
is not required to commence testing or post-auction operation starting
at 12:01 a.m. (local time) on a repacked station's testing period start
date. During the testing period stations are permitted to transmit a
signal using their post-auction channel in order to: (1) Conduct
testing of a station's equipment/signal to ensure proper functionality,
see 47 CFR 73.1610; and (2) permanently commence operation on their
post-auction channel upon ceasing operation on their pre-auction
channel, see 47 CFR 73.1620. The purpose of the testing period is not
for stations to simulcast signals to viewers on two channels. Stations
must file an application for license to cover (FCC Form 2100, Schedule
B (full power) or Schedule F (Class A)) within 10 days following
commencement of program test authority, see 47 CFR 73.1620.
5. Some stations are required to receive authority to commence
operation under program test authority, notably stations that will be
operating on channel 14, see 47 CFR 73.687(e)(4)(ii). Stations should
carefully check the terms of their construction permits for any special
conditions and any required documentation that must accompany a request
for program test authority. In order to avoid going silent, a station
that requires advance permission to commence program test authority
should request Commission authority to do so in advance of its phase
completion date.
6. Coordination Among Linked-Stations. Stations that are part of a
linked-station set must coordinate both testing and commencement of
operation on their post-auction channel with all other stations to
which they are directly linked in that linked-station set. Stations in
a linked station-set are linked through direct dependencies. An
``upstream'' station in a linked-station set is one that must
transition to its post-auction channel prior to another station(s) in
the set (the ``downstream'' station) in order to avoid interference. If
a ``downstream'' station was to test or operate on its post-auction
channel while the ``upstream'' station continued to operate on its pre-
auction channel, one or both of the stations would receive interference
from the other. In most cases, coordination will require more than
notice of a station's individual plans. Coordination should result in
an agreed upon designated time and date on which all linked-stations
will conduct testing on their post-auction channels and which all such
stations will commence operation on their new channels. Failure to
closely coordinate will result, in many cases, in substantial
interference. An increase of pairwise interference in excess of 2%,
unless expressly authorized by the Commission or agreed to among the
affected stations, is a violation of Commission rules. As noted above,
complete information on linked-station sets and direct dependencies can
be found on the Transition Data website, as well as on each repacked
station's ``facility page'' in LMS under the ``Transition Data'' tab.
7. Requests for Additional Flexibility Using Special Temporary
Authority. As we have recognized, in order for some repacked stations
to construct their post-auction facility they may need to operate with
temporary facilities on either their pre-auction or post-auction
channel for a period of time. If a station must operate on its pre-
auction or post-auction channel at variance from its authorized
parameters, a station must file an application for special temporary
authority (STA) and receive a grant of such authority prior to
commencing operations. A station could also conduct such operations
without an STA if it were commencing operation using a licensed
auxiliary facility. There are several additional tools at a repacked
station's disposal to remain on the air if it is unable to commence
operation on its post-auction channel by its phase completion date.
Repacked stations may seek an STA to individually use a temporary
channel or engage in temporary joint use of a channel. Authorization of
use of an individual temporary channel will be restricted to
replicating a station's pre-auction coverage area and population
served. While we will consider requests to temporarily operate in the
new wireless band, we will require broadcasters to demonstrate that
there is no reasonable alternative available and provide
[[Page 47338]]
consent from potentially impacted wireless licensee(s). In the case of
a request for temporary joint use of a channel, the applicant (joint
user) must include with its request a written authorization from the
licensee of the host station. Commercial and noncommercial educational
(NCE) stations as well as full power and Class A stations may request
to engage in temporary joint use of a channel. Stations also may
request an STA to continue to operate on their pre-auction channel
beyond their phase completion deadlines. We clarify that STA requests
to continue operating on a station's pre-auction channel should not be
made in lieu of filing for a phase change. See infra, para. 14. We
envision such requests would be filed when a station discovers at the
last-minute that, due to unforeseen circumstances beyond its control,
it will be unable to commence operation on its post-auction channel by
its phase completion date and is left with no reasonable alternative
other than going silent. Authority for a station to continue to operate
on its pre-auction channel after its phase completion date may only be
possible at reduced power.
8. As we have previously announced, the Bureau will evaluate all
STA requests to determine whether grant would delay or disrupt the
post-auction transition schedule. We will not grant an STA that would
authorize a station to operate on its pre-auction channel beyond the
end of the 39-month transition period. While we have provided several
tools to provide relief to stations that are unable to satisfy certain
transition deadlines, failure to timely initiate a construction project
or undertake necessary steps to meet transition deadlines, including
due to a pending application, or the amount of any reimbursement
allocation, will not be weighed favorably as a factor in considering
such grants of relief. See Incentive Auction Task Force and Media
Bureau Announce the Initial Reimbursement Allocation for Eligible
Broadcasters and MVPDs, Public Notice, 32 FCC Rcd 7556, 7559-60 (IATF/
MB 2017); Incentive Auction Task Force and Media Bureau Announce a
Further Reimbursement Allocation for Eligible Broadcasters and MVPDs,
Public Notice, DA 18-372, 5 (rel. Apr. 16, 2018). All STAs for
temporary facilities granted in connection with the post-auction
transition will be for a maximum of 180 days. We recommend that
repacked stations, if possible, file such STA requests at least 30 days
prior to the date they plan to commence STA operations. In addition,
the Bureau may modify or cancel an STA at any time, without prior
notice or right to hearing, see 47 CFR 73.1635.
9. Silent Authority. Commission rules provide that a station may
suspend operations for a period of not more than 30 days absent
specific authority from the Commission. Stations that remain silent for
more than 10 days must notify the Commission not later than the tenth
day of their suspended operations by filing a Suspension of Operations
Notification in LMS, 47 CFR 73.1740(a)(4). Stations that need to remain
silent for more than 30 days must file for a Silent STA. Id. We remind
stations that the license of any station that remains silent for any
consecutive 12-month period expires automatically at the end of that
period, by operation of law, except that the Commission can extend or
reinstate such a license ``to promote equity and fairness.'' 47 U.S.C.
312(g). In considering requests to extend or reinstate a license, we
will examine whether the station has demonstrated that its silence is
the result of compelling reasons beyond the station's control,
including facts that relate to the post-auction transition process.
10. In the unlikely circumstance where a station believes it will
need to temporarily go silent because it will be unable to commence
operation on its post-auction channel by its phase completion date, the
station should notify its regional coordinator and send an email to
[email protected] as soon as that fact is known. An up-to-date list
is available at: https://www.fcc.gov/about-fcc/fcc-initiatives/incentive-auctions/transition-schedule, select the ``Regions'' tab.
11. Ceasing Pre-Auction Channel Operation. In order to accommodate
a smooth transition and prevent viewer confusion, repacked stations are
expected to cease operation on their pre-auction channel upon whichever
of the following occurs first: (1) The filing of a license to cover;
(2) the commencement of operation on the station's post-auction channel
pursuant to a grant of STA to operate at variance from its authorized
post-auction parameters; (3) the date a station has informed viewers it
will be ceasing pre-auction operations or commencing post-auction
operations; or (4) no later than 11:59 p.m. local time on the station's
assigned phase completion date. As discussed in greater detail below, a
station that cannot complete construction of its post-auction facility
by the construction permit expiration date (i.e. the station's phase
completion date), may seek a single extension of the construction
permit expiration date of up to 180 days. However, absent express
authority from the Commission to the contrary, a repacked station must
cease operation on its pre-auction channel no later than the station's
phase completion date.
12. Extension of Construction Permit Expiration Date. A station may
seek a single extension of the construction permit expiration date of
up to 180 days by submitting an extension application using Schedule
2100, FCC Form 337 (Construction Permit Extension). Such application
must be filed 90 days before a station's construction permit deadline.
See 47 CFR 73.3700(b)(5). The deadline for filing a Construction Permit
Extension application, by phase and based on the current transition
schedule, are as follows:
------------------------------------------------------------------------
180-day
construction
Phase permit extension
filing deadline
------------------------------------------------------------------------
1.................................................... 09/04/2018
2.................................................... 01/14/2019
3.................................................... 03/25/2019
4.................................................... 05/06/2019
5.................................................... 06/10/2019
6.................................................... 07/22/2019
7.................................................... 10/21/2019
8.................................................... 12/16/2019
9.................................................... 02/03/2020
10................................................... 04/06/2020
------------------------------------------------------------------------
A Construction Permit Extension application must include an exhibit
demonstrating that, despite all reasonable efforts, the station is
unable to complete construction of its new facility on time due to
circumstances that were either unforeseeable or beyond its control. The
following circumstances might justify grant of an extension of a
station's construction deadline: (1) Weather related delays; (2) delays
in construction due to the unavailability of equipment or a tower crew;
(3) tower lease disputes; (4) unusual technical challenges; or (5)
delays caused by the need to obtain government approvals, such as land
use or zoning approvals, or to observe competitive bidding requirements
prior to purchasing equipment or services. In limited circumstances and
with appropriate supporting documentation, stations may rely on
``financial hardship'' as a criterion for seeking an extension of time.
Such circumstances may, for example, include a situation in which a
station is subject to an active bankruptcy or receivership proceeding.
47 CFR 73.3700(b)(5)(ii) and (iii).
13. Grant of a Construction Permit Extension does not modify the
requirement that the station cease operation on its pre-auction channel
by 11:59 p.m. (local time) on its phase
[[Page 47339]]
completion date. The Bureau has also announced that, prior to grant, it
will evaluate all extension applications to determine whether grant
will delay or disrupt the post-auction transition schedule. Additional
time beyond the initial 180-day extension will be subject to the
Commission's stricter ``tolling'' rule. See 47 CFR 73.3700(b)(5)(i) and
73.3598(b).
14. Request for Waiver and Modification of Assigned Transition
Phase. The Bureau has stated that it will evaluate, on a case-by-case
basis, requests for waiver and modification of a station's transition
phase under the Commission's general waiver standard, 47 CFR 1.3, and
by assessing the impact of the request on the transition schedule,
including the impact on other broadcasters and viewers. In order to
facilitate a timely and orderly transition, the Bureau determined that
it will view favorably requests that are compliant with the
Commission's rules and have little or no impact on the transition
schedule. We will evaluate factors such as the impact on viewers, the
impact on other repacked stations' access to resources, how
modification to the transition schedule may disrupt deployment of new
600 MHz broadband services, and if the phase change would inhibit
broadcasters' ability to complete the transition within the 39-month
post-auction transition period. Requests that the staff determine would
be likely to delay or disrupt the transition schedule will be viewed
unfavorably. See Incentive Auction Task Force and Media Bureau Adopt
Post-Incentive Auction Transition Scheduling Plan, Public Notice, 32
FCC Rcd 890, 912-14, paras. 49-52 (MB 2017). During the 10-phase
transition period, the testing period start dates and phase completion
dates occur in quick succession, especially as the transition
progresses. Therefore, we must undertake a detailed review of each
request based on the unique facts and circumstances presented in order
to determine whether the benefits of a phase change outweigh the
burdens and is in the public interest. In particular, we must do all
that is possible to ensure limited resources (for instance structural
engineers, tower crews, and equipment manufacturers, among others) are
available to repacked stations and must be mindful of the additional
burdens on viewers that some phase changes impose when the change would
increase the number of rescan periods in an area. That is why we
limited the number of rescan periods per DMA to a maximum of two when
we established the phased transition schedule. Furthermore, when
setting the testing period start date and phase completion date for
each phase, we took into account time and resource estimates based on
information collected through notice and comment, to estimate how long
it would take all the stations in each phase to obtain access to
limited resources and complete their transitions. We note that a vast
majority of phase changes to date have involved stations receiving
authority to transition to their post-auction channel in the period
prior to Phase 1. These ``early'' transition cases in particular
presented facts and circumstances that may no longer be applicable or
have the same benefit after the testing period start date for Phase 1
commences on September 14, 2018.
15. Required Transition Notifications. Repacked stations are
required to provide notices to viewers and certain third-party entities
prior to transitioning to their post-auction channel. Precisely when
these notifications are made will be unique to each station's
individual transition plans. With regard to viewer notifications, at
least 30 days prior to ceasing operation on a station's pre-auction
channel all stations must air at least 60-seconds per day of on-air
consumer education public service announcements (PSAs) or crawls, see
47 CFR 73.3700(c)(3). If a station's anticipated transition date
changes, licensees are expected to promptly provide updated
notifications to viewers reflecting the date change. To the extent a
station is not able to comply with its consumer education requirements,
it must file a request for waiver of 47 CFR 73.3700(c) as a Legal STA
in LMS. All waiver requests will be evaluated on a case-by-case basis
in accordance with the Commission waiver standard, 47 CFR 1.3, and must
include the following information: (1) An explanation describing why
the station is unable to comply with the existing consumer education
requirements; (2) an alternative but comparable means the station will
use to notify viewers of the station's new channel; and (3) why grant
of the waiver request complies with the Commission's general waiver
standard. A station may propose to provide alternative notification to
viewers through, for example, local newspaper, radio, other in-market
television stations, and/or digital and social media. Depending on the
proposal, the Bureau may require a combination of alternative
notification efforts. The required substance of a station's viewer
notifications are set forth in 47 CFR 73.3700(c)(4) and (5) of the
Rules. Within 30 days following completion of a station's transition to
its post-auction channel, stations must place in their online local
public inspection file a certification of compliance with its viewer
notification obligations. 47 CFR 73.3700(c)(6). Stations should upload
a copy of this certification into the folder in their online local
public inspection file entitled ``Auction Transition Consumer
Certification.'' Instructions for accessing and uploading documents to
a station's online local public inspection file can be found at:
https://publicfiles.fcc.gov/faq/.
16. Stations must also provide notice to Multichannel Video
Programming Distributors (MVPDs) not less than 90 days prior to the
date on which the station will begin operations on its post-auction
channel. The requirements of the written notice and where the notice
must be sent are provided in 47 CFR 73.3700(d). If a station's
anticipated transition date changes, the licensee must send a further
notice to the affected MVPD informing them of the new anticipated date.
47 CFR 73.3700(d)(5)(v). We strongly encourage stations also to reach
out to their regular contacts with local MVPDs in addition to the
points of contact identified in the rule in order to ensure a smooth
transition.
17. Notifications must also be provided based on individual
conditions placed on stations construction permits. Some of these
notifications include providing notice to health care facilities, 47
CFR 15.242(a)(1), such as hospitals and nursing homes, and AM radio
stations. Stations should review their construction permit for such
conditions and make arrangements now to ensure that they are met prior
to the filing of a license to cover.
18. Post-Auction Transition Progress Reports. Repacked stations are
required to file Post-Auction Transition Progress Reports using FCC
Form 2100, Schedule 387, electronically in LMS at various times during
the transition process. See 47 CFR 73.3700(e)(5). Transition Progress
Report obligations were established for both reimbursable repacked
stations and non-reimbursable repacked stations (i.e., band changers).
Reports much be filed quarterly (Quarterly Report) no later than
January 10, April 10, July 10, and October 10. Each report reflects
information for the preceding quarter: January 10 for the fourth
quarter of the previous year (October-December), April 10 for the first
quarter (January-March), July 10 for the second quarter (April-June),
and October 10 for the third quarter (July-September). Reports must
also be filed (1) 10 weeks before the end of their assigned
construction deadline (10-
[[Page 47340]]
Week Report); (2) 10 days after they complete all work related to
construction of their post-auction facilities (Construction Completion
Report); and (3) five days after they cease broadcasting on their pre-
auction channel (Pre-Auction Termination Report). See The Incentive
Auction Task Force and Media Bureau Release Transition Progress Report
Form and Filing Requirements for Stations Eligible for Reimbursement
from the TV Broadcast Relocation Fund and Seek Comment on the Filing of
the Report by Non-Reimbursable Stations, Public Notice, 32 FCC Rcd 256
(MB 2017); The Incentive Auction Task Force and Media Bureau Adopt
Filing Requirements For the Transition Progress Report Form By Stations
that are Not Eligible for Reimbursement from the TV Broadcast
Relocation Fund, Public Notice, 32 FCC Rcd 4029 (MB 2017). The 10-Week
Report filing dates based on the current transition schedule is as
follows:
------------------------------------------------------------------------
10-week report
Phase filing deadline
------------------------------------------------------------------------
1.................................................... 09/21/2018
2.................................................... 02/01/2019
3.................................................... 04/12/2019
4.................................................... 05/24/2019
5.................................................... 06/28/2019
6.................................................... 08/09/2019
7.................................................... 11/08/2019
8.................................................... 01/03/2020
9.................................................... 02/21/2020
10................................................... 04/24/2020
------------------------------------------------------------------------
The timing of the Construction Completion Report and Pre-Auction
Termination Report will be based on each station's unique situation and
transition timing. The Construction Completion Report should only be
filed when the post-auction facility authorized in a station's
construction permit has been completed and the station could file an
application for license to cover if it were permitted to commence
program test authority on its post-auction channel. The filing of a
station's Construction Completion Report does not necessarily require
the filing of a license to cover. Such filing is only required once the
station commences program test authority, which the station is only
able to do on or after its testing period start date, subject to any
required coordination if the station is in a linked-station set. A
station may file its Construction Completion Report in advance of its
testing period start date assuming that construction of its post-
auction facility is complete, but making such a filing does not permit
a station to commence post-auction operation prior to its testing
period start date. If a station will be commencing operation on its
post-auction channel under an STA, it must wait to file its
Construction Completion Report until after it has filed its Pre-Auction
Termination Report and completed construction of the post-auction
facility authorized in its construction permit. Each category of
Transition Progress Report are individual reports that must be filed
separately. A station must continue to file Quarterly Reports until it
has filed its 10-Week Report, Pre-Auction Termination Report, and
Construction Completion Report.
19. Channel Sharing Repacked Station. In the event that a channel
sharee station (sharee station) is channel sharing with another station
(host station) that is repacked, the sharee station must comply with
all notification requirements, including but not limited to consumer
and MVPD notice requirements as discussed above. In addition, not less
than 60 days prior to the host station's phase construction deadline,
the host station must file a minor change application to its current
channel sharing license for a construction permit (FCC Form 2100 -
Schedule A (full power) and Schedule E (Class A)) specifying the host
station's post-auction channel and parameters previously authorized in
its post-auction construction permit. Such applications will be
considered minor changes and will be subject to filing fees. Please
note, these filing instructions differ from those previously provided.
Failure to follow the instructions set forth in this Public Notice
could result in application processing delays and the need to file
additional applications. So long as the sharee station is licensed to
operate on the same channel as the host station and a minor change
application has been filed by the host station, LMS is designed so that
a license application for a post-auction channel filed by the host
station will be filed on behalf of all licensed sharee stations. LMS
requires that the filer certify that all channel sharing stations
consent to the filing of the application. Because sharee stations will
be operating from the same post-auction facility as the repacked host
station, sharee stations are not required to file Transition Progress
Reports. Furthermore, only the host station needs to file a request for
waiver and modification of assigned phase change so long as a signed
letter of consent from each licensee that is a party to the channel
sharing arrangement is included with the request. All other
applications and filings discussed in this Public Notice, including but
not limited to requests for an engineering STA, STA for silent
authority, and a request for Construction Permit Extension, must be
individually filed by both the host station and any sharee station.
20. Informal Request for Transition Dates and Outreach Information.
In order to assist the Commission with answering viewer inquiries and
evaluating ways to further support repacked stations' transition
efforts, we informally request that a repacked station notify us via
email at [email protected] once it knows the specific date that it
intends to cease operations on its pre-auction channel and commence
operations on its post-auction channel. We would also welcome
additional information concerning places the Commission can direct
viewers to obtain information about a repacked station's transition
plans, such as a viewer email inquiry box, website, or hotline. While
this is not an official information collection and you are not required
to provide us with this information, voluntarily doing so will help the
Commission support repacked stations transition efforts and help
facilitate a smooth transition process for viewers.
21. Contacts. Additional questions concerning the post-incentive
auction transition or this Public Notice may be referred to the contact
persons listed in the Public Notice.
22. Filings. All applications and reports referenced in this Public
Notice must be filed in LMS, including but not limited to Transition
Progress Reports, Applications for License to Cover, STAs (technical
and legal), and Construction Permit Extensions. LMS filing instructions
are provided in Appendix A of the Public Notice. Stations are also
asked to send an electronic copy of certain transition-related filings,
as indicated in Appendix A, via email to:
[email protected].
23. Additional Resources. Repacked stations and other interested
parties may want to visit the Commission's broadcast transition website
and/or review the following additional resources listed in the Public
Notice and available on the Commission's EDOCS database (https://www.fcc.gov/edocs) for guidance concerning the post-incentive auction
broadcast television transition.
24. This action is taken by the Chief, Media Bureau, pursuant to
authority delegated by 47 CFR 0.61.
[[Page 47341]]
Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2018-20305 Filed 9-18-18; 8:45 am]
BILLING CODE 6712-01-P
