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 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]


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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
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