Revised Inventory for Auction of Flexible-Use Licenses in the 2.5 GHz Band; Comment Sought on Upfront Payments, Minimum Opening Bids, and Other Procedures for the Revised Inventory of Auction 108, 11379-11382 [2022-04006]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
jspears on DSK121TN23PROD with PROPOSALS1
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
Dated: February 18, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022–04118 Filed 2–28–22; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
11379
or messenger delivered filings. This is a
temporary measure taken to help protect
the health and safety of individuals, and
to mitigate the transmission of COVID–
19.
• Email: Commenters are asked to
also submit a copy of their comments
and reply comments electronically to
the following address: auction108@
fcc.gov.
47 CFR Parts 1 and 27
FOR FURTHER INFORMATION CONTACT:
[AU Docket No. 20–429; DA 22–171; FR ID
73250]
Auction Legal Questions: Daniel
Habif, Lyndsey Grunewald or Scott
Mackoul, (202) 418–0660.
General Auction Questions: (717)
338–2868.
Auction Inventory Questions: John
Schauble, (202) 418–0797.
2.5 GHz Band Licensing Questions:
Madelaine Maior, (202) 418–1466, or
Nadja Sodos-Wallace, (202) 418–0955.
SUPPLEMENTARY INFORMATION: This is a
summary of the Auction 108 Revised
Inventory Public Notice, AU Docket No.
20–429, DA 22–171, adopted on
February 18, 2022 and released on
February 18, 2022. The complete text of
the Auction 108 Revised Inventory
Comment Public Notice is available on
the Commission’s website at https://
www.fcc.gov/auction/108 or by using
the search function for AU Docket No.
20–429, DA 22–171, on the
Commission’s Electronic Comment
Filing System (ECFS) web page at
www.fcc.gov/ecfs. Alternative formats
are available to persons with disabilities
by sending an email to FCC504@fcc.gov
or by calling the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Revised Inventory for Auction of
Flexible-Use Licenses in the 2.5 GHz
Band; Comment Sought on Upfront
Payments, Minimum Opening Bids,
and Other Procedures for the Revised
Inventory of Auction 108
Federal Communications
Commission.
ACTION: Proposed rule; proposed auction
procedures.
AGENCY:
The Office of Economics and
Analytics and the Wireless
Telecommunications Bureau seek
comment on the application of
procedures governing the conduct of
Auction 108 in light of additions to the
proposed license inventory for Auction
108.
DATES: Comments are due on or before
March 4, 2022.
ADDRESSES: Interested parties may file
comments in AU Docket No. 20–429.
Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS) or by filing paper
copies. Interested parties are strongly
encouraged to file comments
electronically.
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS at https://
www.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings in response to the Public
Notice can be sent by commercial
courier or by first-class or overnight U.S.
Postal Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• Commercial deliveries (other than
U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9050
Junction Dr., Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, or Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Until further notice, the
Commission no longer accepts any hand
SUMMARY:
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
I. Introduction
1. By the Auction 108 Revised
Inventory Comment Public Notice, the
Office of Economics and Analytics
(OEA) and the Wireless
Telecommunications Bureau (WTB)
seek further comment on the procedures
governing to be used for Auction 108.
Specifically, OEA and WTB seek
comment on whether any procedures
need to be adjusted for all the licenses
available in Auction 108 in light of
additions to the initial license
inventory. OEA and WTB also seek
comment on minimum opening bids
and upfront payment amounts for the
additional licenses. OEA and WTB have
updated the listing of county and
channel block combinations potentially
available for Auction 108 to add or
remove certain licenses, and that
updated Attachment A file is available
at www.fcc.gov/auction/108.
2. On January 13, 2021, the
Commission released the Auction 108
E:\FR\FM\01MRP1.SGM
01MRP1
11380
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
Comment Public Notice, 86 FR 12146,
that sought comment on competitive
bidding procedures and various other
procedures to be used in Auction 108,
in accordance with 47 U.S.C. 309(j)(3).
That public notice also described the
licenses to be offered in Auction 108
and made available a file listing all
county and channel block combinations
potentially available for bidding in
Auction 108. The Commission noted
that the results of the Rural Tribal
Priority Window would determine the
final inventory, which would be
released in advance of the deadline for
the submission of short-form
applications to bid in Auction 108. On
February 9, 2022, OEA and WTB
released the Auction 108 Further
Comment Public Notice, 87 FR 8764,
seeking comment on the use of a
particular clock auction format for
Auction 108.
3. The Auction 108 Revised Inventory
Comment Public Notice seeks focused
input on whether any bidding
procedures for Auction 108 as described
in those previous public notices should
be adjusted or modified in light of the
additions to the auction inventory. The
Auction 108 Revised Inventory
Comment Public Notice proposes no
changes to the proposed upfront
payments, minimum opening bids, or
other procedures from those described
in the Auction 108 Comment Public
Notice and the Auction 108 Further
Comment Public Notice. In light of the
limited scope of the Auction 108
Revised Inventory Comment Public
Notice and comments urging the
Commission to move expeditiously to
the start of bidding, OEA and WTB
provide for a single round of comments
by March 4, 2022, with no filing period
for reply comments. A subsequent
public notice will announce final
procedures for Auction 108, including
the procedures, terms, conditions, dates,
and deadlines for applying to and
participating in Auction 108, as well as
provide an overview of the post-auction
application and payment processes. An
updated inventory for Auction 108 will
be released prior to the short-form
application deadline in Auction 108.
II. Background on Revised Inventory
4. In light of the comments and ex
parte filings made in this proceeding
raising issues concerning the accuracy
of the inventory, WTB staff performed
additional geographic information
systems (GIS) analysis of existing
licenses and prepared a new inventory
based on license service area data
extracted from the Universal Licensing
System (ULS) on February 2, 2022. For
purposes of this analysis, a channel
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
block/county combination is considered
unavailable, and is therefore not
included in the inventory, if more than
99.9999% of the area within the county
is fully encumbered by an existing
license for that channel block. In the 2.5
GHz Report and Order, 84 FR 57343, the
Commission determined that any
remaining unassigned EBS spectrum
will be made available for commercial
use via competitive bidding. In order to
identify unassigned spectrum, WTB has
treated as encumbered any areas
calculated to be at least 99.9999%
encumbered to avoid computational
errors found to have been attributable to
rounding when calculating areas as part
of its GIS analysis. As a result of this
further analysis, and taking into account
the information provided by
commenters, OEA and WTB have added
189 licenses in 130 counties and
removed 370 licenses in 301 counties
from the initial Auction 108 inventory.
The majority of the changes to the
inventory result from further review of
the availability of the J guard band
(2568–2572 MHz) in Channel Block 2
and further analysis of how canceled,
terminated, or expired licenses modified
the geographic service areas of active
licenses.
5. In addition to reflecting further
analysis of the incumbent licenses, the
revised inventory also takes into
account WTB’s actions in the Rural
Tribal Priority Window. The
Commission established the Rural
Tribal Priority Window to provide
federally-recognized tribes with an
opportunity to submit applications to
obtain unassigned 2.5 GHz spectrum in
order to foster communications
networks in rural Tribal areas. The
Rural Tribal Priority Window opened on
February 3, 2020, and closed on
September 2, 2020. The revised
inventory reflects licenses issued based
upon Rural Tribal Priority Window
applications acted on to date. This
inventory does not take into account
Rural Tribal Priority Window
applications that are pending (i.e.,
counties that are requested in whole or
in part by pending applications are
included in this inventory). Potential
bidders should be aware that there are
counties that would become fully or
partially encumbered if certain pending
Rural Tribal Priority Window
applications are granted.
6. OEA and WTB remind each
potential bidder that it is solely
responsible for investigating and
evaluating all technical and marketplace
factors that may have a bearing on the
potential uses of a license that it may
seek in Auction 108, including the
availability of unassigned white space
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
in any particular market. In addition to
the typical due diligence considerations
encouraged of bidders in all auctions,
OEA and WTB call particular attention
in Auction 108 to potential
encumbrances due to existing licenses
and the Rural Tribal Priority Window
issues, which may impact the licenses
available in Auction 108. OEA and WTB
note in particular that there will be a
substantial number of licenses in
inventory where the amount of
unassigned area or frequency that is
unassigned is very small. Each applicant
should carefully consider these issues
and the technical and economic
implications for commercial use of the
2.5 GHz band. The Commission makes
no representations or warranties about
the use of this spectrum for particular
services, or about the information in
Commission databases that is furnished
by outside parties. Each applicant
should be aware that a Commission
auction represents an opportunity to
become a Commission licensee, subject
to certain conditions and regulations.
This includes the established authority
of the Commission to alter the terms of
existing licenses by rulemaking, which
is equally applicable to licenses
awarded by auction. A Commission
auction does not constitute an
endorsement by the Commission of any
particular service, technology, or
product, nor does a Commission license
constitute a guarantee of business
success.
III. Further Comment Sought on
Bidding Procedures
7. The Auction 108 Comment Public
Notice and the Auction 108 Further
Comment Public Notice sought on
procedures for Auction 108, including:
Auction format; bidding credits for
eligible small businesses and rural
service providers; bidding credit caps;
upfront payments and bidding
eligibility; minimum opening bids and
reserve prices; activity rules; activity
rule waivers and reducing eligibility;
and information procedures during the
auction. In the Auction 108 Revised
Inventory Comment Public Notice, OEA
and WTB seek comment on whether
these procedures need to be adjusted for
all licenses in Auction 108 in light of
additions to the initial license
inventory. OEA and WTB also seek
comment on minimum opening bids
and upfront payment amounts for the
additional licenses in the Auction 108
inventory
8. Digital Equity and Inclusion. As
part of the Commission’s continuing
effort to advance digital equity for all,
including people of color and others
who have been historically underserved,
E:\FR\FM\01MRP1.SGM
01MRP1
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
marginalized, and adversely affected by
persistent poverty and inequality, OEA
and WTB invite comment on any
equity-related considerations and
benefits (if any) that may be associated
with the issues discussed in the Auction
108 Revised Inventory Comment Public
Notice. Specifically, OEA and WTB seek
comment on how any bidding
procedures for Auction 108 as applied
to the new licenses included in the
revised inventory may promote or
inhibit advances in diversity, equity,
inclusion, and accessibility.
jspears on DSK121TN23PROD with PROPOSALS1
IV. Procedural Matters
A. Third Supplemental Initial
Regulatory Flexibility Analysis
9. As required by the Regulatory
Flexibility Act of 1980, as amended,
OEA and WTB prepared a Third
Supplemental Initial Regulatory
Flexibility Analysis (Third
Supplemental IRFA) of the possible
significant economic impact on small
entities of the policies and rules
addressed in the Auction 108 Revised
Inventory Comment Public Notice to
supplement the Regulatory Flexibility
Analyses completed in the 2.5 GHz
Report and Order, Auction 108
Comment Public Notice, Auction 108
Further Comment Public Notice, and
other Commission orders pursuant to
which Auction 108 will be conducted.
Written public comments are requested
on the Third Supplemental IRFA.
Comments must be identified as
responses to the Third Supplemental
IRFA and must be filed by the same
deadline for comments specified on the
first page of the Auction 108 Revised
Inventory Comment Public Notice. OEA
and WTB will send a copy of the
Auction 108 Revised Inventory
Comment Public Notice, including the
Third Supplemental IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA). In
addition, the Auction 108 Revised
Inventory Comment Public Notice and
Third Supplemental IRFA (or
summaries thereof) will be published in
the Federal Register.
10. Need for, and Objectives of, the
Proposed Rules. The Auction 108
Revised Inventory Comment Public
Notice seeks comment on certain
procedural rules that may be affected by
the new licenses included in the revised
inventory for Auction 108, which will
auction geographic overlay licenses of
unlicensed spectrum in the 2.5 GHz
band (2496–2690 MHz). This process is
intended to provide notice of and
adequate time for potential applicants to
comment on these auction procedures.
To promote the efficient and fair
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
administration of the competitive
bidding process for all Auction 108
participants, the Auction 108 Revised
Inventory Comment Public Notice seeks
comment on the application of auction
procedures detailed in the Auction 108
Comment Public Notice and the Auction
108 Further Comment Public Notice to
the new licenses included in the revised
inventory.
11. The procedures for the conduct of
Auction 108 on which the Auction 108
Revised Inventory Comment Public
Notice seeks comment constitute the
more specific implementation of the
competitive bidding rules contemplated
by 47 CFR parts 1 and 27, the 2.5 GHz
Report and Order, and relevant
competitive bidding orders, and are
fully consistent therewith.
12. Legal Basis. The Commission’s
statutory obligations to small businesses
under the Communications Act of 1934,
as amended, are found in 47 U.S.C.
309(j)(3)(B) and 309(j)(4)(D). The
statutory basis for the Commission’s
competitive bidding rules is found in
various provisions of the
Communications Act of 1934, as
amended, including 47 U.S.C. 154(i),
301, 302, 303(e), 303(f), 303(r), 304, 307,
and 309(j). The Commission has
established a framework of competitive
bidding rules, updated most recently in
2015, pursuant to which it has
conducted auctions since the inception
of the auctions program in 1994 and
would conduct Auction 108.
13. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply. The RFA
directs agencies to provide a description
of, and, where feasible, an estimate of
the number of small entities that may be
affected by the proposed rules and
policies, if adopted. The RFA generally
defines the term small entity as having
the same meaning as the terms small
business, small organization, and small
governmental jurisdiction. In addition,
the term small business has the same
meaning as the term small business
concern under the Small Business Act.
A small business concern is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
SBA.
14. As noted above, Regulatory
Flexibility Analyses were incorporated
into the 2.5 GHz Report and Order, the
Auction 108 Comment Public Notice,
and the Auction 108 Further Comment
Public Notice. Those analyses described
in detail the small entities that might be
significantly affected. In the Auction
108 Revised Inventory Comment Public
Notice, OEA and WTB hereby
PO 00000
Frm 00056
Fmt 4702
Sfmt 4702
11381
incorporate by reference the
descriptions and estimates of the
number of small entities from the
previous Regulatory Flexibility
Analyses in the 2.5 GHz Report and
Order, the Auction 108 Comment Public
Notice, and the Auction 108 Further
Comment Public Notice.
15. Description of Projected
Reporting, Recordkeeping, and Other
Compliance Requirements for Small
Entities. OEA and WTB do not expect
the processes and procedures described
in the Auction 108 Revised Inventory
Comment Public Notice will require
small entities to hire attorneys,
engineers, consultants, or other
professionals to participate in Auction
108 and comply with the procedures
ultimately established because of the
information, resources, and guidance
the Commission makes available to
potential and actual participants. For
example, OEA intends to make
information on the bidding system
available and offer demonstrations and
other educational opportunities for
applicants in Auction 108 to familiarize
themselves with the FCC auction
application system and the auction
bidding system, consistent with the
previously detailed bidding procedures
that may be affected by new licenses
added to the inventory as described in
the Auction 108 Revised Inventory
Comment Public Notice. By providing
these resources as well as the resources
discussed below, OEA and WTB expect
small entities that use the available
resources to experience lower
participation and compliance costs.
Nevertheless, while WTB and OEA
cannot quantify the cost of compliance
with the procedures on which they seek
comment, they do not believe that the
costs of compliance will unduly burden
small entities that choose to participate
in the auction because the procedures
for Auction 108 on which the Auction
108 Revised Inventory Comment Public
Notice seeks comment are similar in
many respects to the procedures in
recent spectrum auctions conducted by
the Commission.
16. Steps Taken to Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered. The RFA requires an
agency to describe any significant,
specifically small business, alternatives
that it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
E:\FR\FM\01MRP1.SGM
01MRP1
jspears on DSK121TN23PROD with PROPOSALS1
11382
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.
17. OEA and WTB have taken steps to
minimize any economic impact of the
auction procedures on small entities
through, among other things, the
Commission’s potential use of
previously detailed auction procedures
under the revised inventory. The
Commission received comments noting
discrepancies in the initial Auction 108
inventory that the Commission released
with the Auction 108 Comment Pubic
Notice. The revised inventory will allow
all interested parties, including small
entities, to further evaluate the potential
procedures for Auction 108 in light of
the new licenses included in the revised
inventory and provide small entities
with information about the available
licenses essential to conducting their
own due diligence.
18. OEA and WTB have also taken
steps to minimize any economic impact
of the auction procedures on small
entities through, among other things, the
many resources the Commission
provides potential auction participants.
These resources, which are described in
detail in the Supplemental IRFA
incorporated into the Auction 108
Comment Public Notice are provided at
no cost and include, for example, access
to an FCC Auctions Hotline for
information about the auction process
and procedures; an FCC Auctions
Technical Support Hotline for technical
assistance on issues such as access to or
navigation within the electronic FCC
Form 175 and use of the FCC’s auction
bidding system; a web-based, interactive
online tutorial produced by Commission
staff to familiarize applicants with
auction procedures, filing requirements,
bidding procedures, and other matters
related to an auction; the opportunity to
participate in a mock auction; and the
opportunity to participate in Auction
108 electronically via the internet.
Additionally, eligible small businesses
and rural service providers will be able
to participate in the bidding credit
program for Auction 108, which may
lower their relative costs of
participation. In the Auction 108
Revised Inventory Comment Public
Notice, OEA and WTB incorporate by
reference the description of the
additional steps taken to minimize the
significant economic impact on small
entities, and significant alternatives
considered, from the Regulatory
Flexibility Analysis in the Auction 108
Comment Public Notice and Auction
108 Further Comment Public Notice.
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
19. These procedures for the conduct
of Auction 108 on which the Auction
108 Revised Inventory Comment Public
Notice seeks comment constitute the
more specific implementation of the
competitive bidding rules contemplated
by 47 CFR parts 1 and 27, the 2.5 GHz
Report and Order, and relevant
competitive bidding orders, and are
fully consistent therewith.
20. Federal Rules that May Duplicate,
Overlap, or Conflict with the Proposed
Rules. None.
B. Deadlines and Filing Procedures
21. Pursuant to 47 CFR 1.415(d) and
1.419, interested parties may file
comments on or before the date
indicated on the first page of the
Auction 108 Revised Inventory
Comment Public Notice, in AU Docket
No. 20–429. Comments may be filed
using the Commission’s Electronic
Comment Filing System (ECFS) or by
filing paper copies.
22. Ex Parte Requirements. This
proceeding has been designated as a
permit-but-disclose proceeding in
accordance with the Commission’s ex
parte rules. Persons making oral ex parte
presentations must file a copy of any
written presentations or memoranda
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine Period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentations must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to the Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with 47 CFR
1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Federal Communications Commission.
William Huber,
Associate Chief, Auctions Division, Office of
Economics and Analytics.
[FR Doc. 2022–04006 Filed 2–28–22; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 220204–0040]
RIN 0648–BH70
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery;
Electronic Monitoring Program
Regulations for Bottom Trawl and NonWhiting Midwater Trawl Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This proposed rule would
implement electronic monitoring (EM)
program regulations for vessels using
groundfish bottom trawl and nonwhiting midwater trawl gear in the
Pacific Coast Groundfish Trawl Catch
Share Program. The proposed action
would allow vessels using bottom trawl
and non-whiting midwater trawl gear to
use EM in place of human observers to
meet requirements for 100 percent at-sea
catch monitoring. The proposed action
is intended to increase operational
flexibility and reduce monitoring costs
for vessels in the groundfish trawl
fishery. The proposed rule would also
revise some existing regulations for EM
vessels and EM service providers to
clarify and streamline EM program
requirements.
SUMMARY:
Comments on this proposed rule
must be received no later than March
31, 2022.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0127 by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
DATES:
E:\FR\FM\01MRP1.SGM
01MRP1
]]>Agencies
[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Proposed Rules]
[Pages 11379-11382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04006]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 27
[AU Docket No. 20-429; DA 22-171; FR ID 73250]
Revised Inventory for Auction of Flexible-Use Licenses in the 2.5
GHz Band; Comment Sought on Upfront Payments, Minimum Opening Bids, and
Other Procedures for the Revised Inventory of Auction 108
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; proposed auction procedures.
-----------------------------------------------------------------------
SUMMARY: The Office of Economics and Analytics and the Wireless
Telecommunications Bureau seek comment on the application of procedures
governing the conduct of Auction 108 in light of additions to the
proposed license inventory for Auction 108.
DATES: Comments are due on or before March 4, 2022.
ADDRESSES: Interested parties may file comments in AU Docket No. 20-
429. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies. Interested parties are
strongly encouraged to file comments electronically.
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS at https://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings in response to the Public Notice can be sent by
commercial courier or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
Commercial deliveries (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Dr.,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, or Priority mail
must be addressed to 45 L Street NE, Washington, DC 20554.
Until further notice, the Commission no longer accepts any
hand or messenger delivered filings. This is a temporary measure taken
to help protect the health and safety of individuals, and to mitigate
the transmission of COVID-19.
Email: Commenters are asked to also submit a copy of their
comments and reply comments electronically to the following address:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Auction Legal Questions: Daniel Habif, Lyndsey Grunewald or Scott
Mackoul, (202) 418-0660.
General Auction Questions: (717) 338-2868.
Auction Inventory Questions: John Schauble, (202) 418-0797.
2.5 GHz Band Licensing Questions: Madelaine Maior, (202) 418-1466,
or Nadja Sodos-Wallace, (202) 418-0955.
SUPPLEMENTARY INFORMATION: This is a summary of the Auction 108 Revised
Inventory Public Notice, AU Docket No. 20-429, DA 22-171, adopted on
February 18, 2022 and released on February 18, 2022. The complete text
of the Auction 108 Revised Inventory Comment Public Notice is available
on the Commission's website at https://www.fcc.gov/auction/108 or by
using the search function for AU Docket No. 20-429, DA 22-171, on the
Commission's Electronic Comment Filing System (ECFS) web page at
www.fcc.gov/ecfs. Alternative formats are available to persons with
disabilities by sending an email to [email protected] or by calling the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202)
418-0432 (TTY).
I. Introduction
1. By the Auction 108 Revised Inventory Comment Public Notice, the
Office of Economics and Analytics (OEA) and the Wireless
Telecommunications Bureau (WTB) seek further comment on the procedures
governing to be used for Auction 108. Specifically, OEA and WTB seek
comment on whether any procedures need to be adjusted for all the
licenses available in Auction 108 in light of additions to the initial
license inventory. OEA and WTB also seek comment on minimum opening
bids and upfront payment amounts for the additional licenses. OEA and
WTB have updated the listing of county and channel block combinations
potentially available for Auction 108 to add or remove certain
licenses, and that updated Attachment A file is available at
www.fcc.gov/auction/108.
2. On January 13, 2021, the Commission released the Auction 108
[[Page 11380]]
Comment Public Notice, 86 FR 12146, that sought comment on competitive
bidding procedures and various other procedures to be used in Auction
108, in accordance with 47 U.S.C. 309(j)(3). That public notice also
described the licenses to be offered in Auction 108 and made available
a file listing all county and channel block combinations potentially
available for bidding in Auction 108. The Commission noted that the
results of the Rural Tribal Priority Window would determine the final
inventory, which would be released in advance of the deadline for the
submission of short-form applications to bid in Auction 108. On
February 9, 2022, OEA and WTB released the Auction 108 Further Comment
Public Notice, 87 FR 8764, seeking comment on the use of a particular
clock auction format for Auction 108.
3. The Auction 108 Revised Inventory Comment Public Notice seeks
focused input on whether any bidding procedures for Auction 108 as
described in those previous public notices should be adjusted or
modified in light of the additions to the auction inventory. The
Auction 108 Revised Inventory Comment Public Notice proposes no changes
to the proposed upfront payments, minimum opening bids, or other
procedures from those described in the Auction 108 Comment Public
Notice and the Auction 108 Further Comment Public Notice. In light of
the limited scope of the Auction 108 Revised Inventory Comment Public
Notice and comments urging the Commission to move expeditiously to the
start of bidding, OEA and WTB provide for a single round of comments by
March 4, 2022, with no filing period for reply comments. A subsequent
public notice will announce final procedures for Auction 108, including
the procedures, terms, conditions, dates, and deadlines for applying to
and participating in Auction 108, as well as provide an overview of the
post-auction application and payment processes. An updated inventory
for Auction 108 will be released prior to the short-form application
deadline in Auction 108.
II. Background on Revised Inventory
4. In light of the comments and ex parte filings made in this
proceeding raising issues concerning the accuracy of the inventory, WTB
staff performed additional geographic information systems (GIS)
analysis of existing licenses and prepared a new inventory based on
license service area data extracted from the Universal Licensing System
(ULS) on February 2, 2022. For purposes of this analysis, a channel
block/county combination is considered unavailable, and is therefore
not included in the inventory, if more than 99.9999% of the area within
the county is fully encumbered by an existing license for that channel
block. In the 2.5 GHz Report and Order, 84 FR 57343, the Commission
determined that any remaining unassigned EBS spectrum will be made
available for commercial use via competitive bidding. In order to
identify unassigned spectrum, WTB has treated as encumbered any areas
calculated to be at least 99.9999% encumbered to avoid computational
errors found to have been attributable to rounding when calculating
areas as part of its GIS analysis. As a result of this further
analysis, and taking into account the information provided by
commenters, OEA and WTB have added 189 licenses in 130 counties and
removed 370 licenses in 301 counties from the initial Auction 108
inventory. The majority of the changes to the inventory result from
further review of the availability of the J guard band (2568-2572 MHz)
in Channel Block 2 and further analysis of how canceled, terminated, or
expired licenses modified the geographic service areas of active
licenses.
5. In addition to reflecting further analysis of the incumbent
licenses, the revised inventory also takes into account WTB's actions
in the Rural Tribal Priority Window. The Commission established the
Rural Tribal Priority Window to provide federally-recognized tribes
with an opportunity to submit applications to obtain unassigned 2.5 GHz
spectrum in order to foster communications networks in rural Tribal
areas. The Rural Tribal Priority Window opened on February 3, 2020, and
closed on September 2, 2020. The revised inventory reflects licenses
issued based upon Rural Tribal Priority Window applications acted on to
date. This inventory does not take into account Rural Tribal Priority
Window applications that are pending (i.e., counties that are requested
in whole or in part by pending applications are included in this
inventory). Potential bidders should be aware that there are counties
that would become fully or partially encumbered if certain pending
Rural Tribal Priority Window applications are granted.
6. OEA and WTB remind each potential bidder that it is solely
responsible for investigating and evaluating all technical and
marketplace factors that may have a bearing on the potential uses of a
license that it may seek in Auction 108, including the availability of
unassigned white space in any particular market. In addition to the
typical due diligence considerations encouraged of bidders in all
auctions, OEA and WTB call particular attention in Auction 108 to
potential encumbrances due to existing licenses and the Rural Tribal
Priority Window issues, which may impact the licenses available in
Auction 108. OEA and WTB note in particular that there will be a
substantial number of licenses in inventory where the amount of
unassigned area or frequency that is unassigned is very small. Each
applicant should carefully consider these issues and the technical and
economic implications for commercial use of the 2.5 GHz band. The
Commission makes no representations or warranties about the use of this
spectrum for particular services, or about the information in
Commission databases that is furnished by outside parties. Each
applicant should be aware that a Commission auction represents an
opportunity to become a Commission licensee, subject to certain
conditions and regulations. This includes the established authority of
the Commission to alter the terms of existing licenses by rulemaking,
which is equally applicable to licenses awarded by auction. A
Commission auction does not constitute an endorsement by the Commission
of any particular service, technology, or product, nor does a
Commission license constitute a guarantee of business success.
III. Further Comment Sought on Bidding Procedures
7. The Auction 108 Comment Public Notice and the Auction 108
Further Comment Public Notice sought on procedures for Auction 108,
including: Auction format; bidding credits for eligible small
businesses and rural service providers; bidding credit caps; upfront
payments and bidding eligibility; minimum opening bids and reserve
prices; activity rules; activity rule waivers and reducing eligibility;
and information procedures during the auction. In the Auction 108
Revised Inventory Comment Public Notice, OEA and WTB seek comment on
whether these procedures need to be adjusted for all licenses in
Auction 108 in light of additions to the initial license inventory. OEA
and WTB also seek comment on minimum opening bids and upfront payment
amounts for the additional licenses in the Auction 108 inventory
8. Digital Equity and Inclusion. As part of the Commission's
continuing effort to advance digital equity for all, including people
of color and others who have been historically underserved,
[[Page 11381]]
marginalized, and adversely affected by persistent poverty and
inequality, OEA and WTB invite comment on any equity-related
considerations and benefits (if any) that may be associated with the
issues discussed in the Auction 108 Revised Inventory Comment Public
Notice. Specifically, OEA and WTB seek comment on how any bidding
procedures for Auction 108 as applied to the new licenses included in
the revised inventory may promote or inhibit advances in diversity,
equity, inclusion, and accessibility.
IV. Procedural Matters
A. Third Supplemental Initial Regulatory Flexibility Analysis
9. As required by the Regulatory Flexibility Act of 1980, as
amended, OEA and WTB prepared a Third Supplemental Initial Regulatory
Flexibility Analysis (Third Supplemental IRFA) of the possible
significant economic impact on small entities of the policies and rules
addressed in the Auction 108 Revised Inventory Comment Public Notice to
supplement the Regulatory Flexibility Analyses completed in the 2.5 GHz
Report and Order, Auction 108 Comment Public Notice, Auction 108
Further Comment Public Notice, and other Commission orders pursuant to
which Auction 108 will be conducted. Written public comments are
requested on the Third Supplemental IRFA. Comments must be identified
as responses to the Third Supplemental IRFA and must be filed by the
same deadline for comments specified on the first page of the Auction
108 Revised Inventory Comment Public Notice. OEA and WTB will send a
copy of the Auction 108 Revised Inventory Comment Public Notice,
including the Third Supplemental IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration (SBA). In addition, the
Auction 108 Revised Inventory Comment Public Notice and Third
Supplemental IRFA (or summaries thereof) will be published in the
Federal Register.
10. Need for, and Objectives of, the Proposed Rules. The Auction
108 Revised Inventory Comment Public Notice seeks comment on certain
procedural rules that may be affected by the new licenses included in
the revised inventory for Auction 108, which will auction geographic
overlay licenses of unlicensed spectrum in the 2.5 GHz band (2496-2690
MHz). This process is intended to provide notice of and adequate time
for potential applicants to comment on these auction procedures. To
promote the efficient and fair administration of the competitive
bidding process for all Auction 108 participants, the Auction 108
Revised Inventory Comment Public Notice seeks comment on the
application of auction procedures detailed in the Auction 108 Comment
Public Notice and the Auction 108 Further Comment Public Notice to the
new licenses included in the revised inventory.
11. The procedures for the conduct of Auction 108 on which the
Auction 108 Revised Inventory Comment Public Notice seeks comment
constitute the more specific implementation of the competitive bidding
rules contemplated by 47 CFR parts 1 and 27, the 2.5 GHz Report and
Order, and relevant competitive bidding orders, and are fully
consistent therewith.
12. Legal Basis. The Commission's statutory obligations to small
businesses under the Communications Act of 1934, as amended, are found
in 47 U.S.C. 309(j)(3)(B) and 309(j)(4)(D). The statutory basis for the
Commission's competitive bidding rules is found in various provisions
of the Communications Act of 1934, as amended, including 47 U.S.C.
154(i), 301, 302, 303(e), 303(f), 303(r), 304, 307, and 309(j). The
Commission has established a framework of competitive bidding rules,
updated most recently in 2015, pursuant to which it has conducted
auctions since the inception of the auctions program in 1994 and would
conduct Auction 108.
13. Description and Estimate of the Number of Small Entities to
Which the Proposed Rules Will Apply. The RFA directs agencies to
provide a description of, and, where feasible, an estimate of the
number of small entities that may be affected by the proposed rules and
policies, if adopted. The RFA generally defines the term small entity
as having the same meaning as the terms small business, small
organization, and small governmental jurisdiction. In addition, the
term small business has the same meaning as the term small business
concern under the Small Business Act. A small business concern is one
which: (1) Is independently owned and operated; (2) is not dominant in
its field of operation; and (3) satisfies any additional criteria
established by the SBA.
14. As noted above, Regulatory Flexibility Analyses were
incorporated into the 2.5 GHz Report and Order, the Auction 108 Comment
Public Notice, and the Auction 108 Further Comment Public Notice. Those
analyses described in detail the small entities that might be
significantly affected. In the Auction 108 Revised Inventory Comment
Public Notice, OEA and WTB hereby incorporate by reference the
descriptions and estimates of the number of small entities from the
previous Regulatory Flexibility Analyses in the 2.5 GHz Report and
Order, the Auction 108 Comment Public Notice, and the Auction 108
Further Comment Public Notice.
15. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities. OEA and WTB do not expect
the processes and procedures described in the Auction 108 Revised
Inventory Comment Public Notice will require small entities to hire
attorneys, engineers, consultants, or other professionals to
participate in Auction 108 and comply with the procedures ultimately
established because of the information, resources, and guidance the
Commission makes available to potential and actual participants. For
example, OEA intends to make information on the bidding system
available and offer demonstrations and other educational opportunities
for applicants in Auction 108 to familiarize themselves with the FCC
auction application system and the auction bidding system, consistent
with the previously detailed bidding procedures that may be affected by
new licenses added to the inventory as described in the Auction 108
Revised Inventory Comment Public Notice. By providing these resources
as well as the resources discussed below, OEA and WTB expect small
entities that use the available resources to experience lower
participation and compliance costs. Nevertheless, while WTB and OEA
cannot quantify the cost of compliance with the procedures on which
they seek comment, they do not believe that the costs of compliance
will unduly burden small entities that choose to participate in the
auction because the procedures for Auction 108 on which the Auction 108
Revised Inventory Comment Public Notice seeks comment are similar in
many respects to the procedures in recent spectrum auctions conducted
by the Commission.
16. Steps Taken to Minimize the Significant Economic Impact on
Small Entities, and Significant Alternatives Considered. The RFA
requires an agency to describe any significant, specifically small
business, alternatives that it has considered in reaching its proposed
approach, which may include the following four alternatives (among
others): (1) The establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to small entities; (2) the clarification, consolidation, or
simplification of
[[Page 11382]]
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.
17. OEA and WTB have taken steps to minimize any economic impact of
the auction procedures on small entities through, among other things,
the Commission's potential use of previously detailed auction
procedures under the revised inventory. The Commission received
comments noting discrepancies in the initial Auction 108 inventory that
the Commission released with the Auction 108 Comment Pubic Notice. The
revised inventory will allow all interested parties, including small
entities, to further evaluate the potential procedures for Auction 108
in light of the new licenses included in the revised inventory and
provide small entities with information about the available licenses
essential to conducting their own due diligence.
18. OEA and WTB have also taken steps to minimize any economic
impact of the auction procedures on small entities through, among other
things, the many resources the Commission provides potential auction
participants. These resources, which are described in detail in the
Supplemental IRFA incorporated into the Auction 108 Comment Public
Notice are provided at no cost and include, for example, access to an
FCC Auctions Hotline for information about the auction process and
procedures; an FCC Auctions Technical Support Hotline for technical
assistance on issues such as access to or navigation within the
electronic FCC Form 175 and use of the FCC's auction bidding system; a
web-based, interactive online tutorial produced by Commission staff to
familiarize applicants with auction procedures, filing requirements,
bidding procedures, and other matters related to an auction; the
opportunity to participate in a mock auction; and the opportunity to
participate in Auction 108 electronically via the internet.
Additionally, eligible small businesses and rural service providers
will be able to participate in the bidding credit program for Auction
108, which may lower their relative costs of participation. In the
Auction 108 Revised Inventory Comment Public Notice, OEA and WTB
incorporate by reference the description of the additional steps taken
to minimize the significant economic impact on small entities, and
significant alternatives considered, from the Regulatory Flexibility
Analysis in the Auction 108 Comment Public Notice and Auction 108
Further Comment Public Notice.
19. These procedures for the conduct of Auction 108 on which the
Auction 108 Revised Inventory Comment Public Notice seeks comment
constitute the more specific implementation of the competitive bidding
rules contemplated by 47 CFR parts 1 and 27, the 2.5 GHz Report and
Order, and relevant competitive bidding orders, and are fully
consistent therewith.
20. Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rules. None.
B. Deadlines and Filing Procedures
21. Pursuant to 47 CFR 1.415(d) and 1.419, interested parties may
file comments on or before the date indicated on the first page of the
Auction 108 Revised Inventory Comment Public Notice, in AU Docket No.
20-429. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies.
22. Ex Parte Requirements. This proceeding has been designated as a
permit-but-disclose proceeding in accordance with the Commission's ex
parte rules. Persons making oral ex parte presentations must file a
copy of any written presentations or memoranda summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine Period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda, or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to the Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Federal Communications Commission.
William Huber,
Associate Chief, Auctions Division, Office of Economics and Analytics.
[FR Doc. 2022-04006 Filed 2-28-22; 8:45 am]
BILLING CODE 6712-01-P
