[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Rules and Regulations]
[Pages 57923-57924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23846]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[IB Docket No. 95-91; FCC 10-82]
Establishment of Rules and Policies for the Satellite Digital
Audio Radio Service in the 2310-2360 MHz Frequency Band
AGENCY: Federal Communications Commission.
ACTION: Final rules; announcement of effective date.
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SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection requirements contained in the Satellite
Digital Audio Radio Service (SDARS) Second Report and Order. The
information collection requirements were approved on July 5, 2011 by
OMB.
DATES: The amendments to 47 CFR 25.144(e)(3), 25.144(e)(8),
25.144(e)(9), 25.263(b) and 25.263(c), published at 75 FR 45058, August
2, 2010, are effective on September 19, 2011.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Cathy Williams on (202) 418-2918 or via e-mail to:
[email protected].
SUPPLEMENTARY INFORMATION: This document announces that on July 5, 2011
OMB approved, for a period of three years, the information collection
requirements contained in 47 CFR 25.144 and 25.263. The Commission
publishes this document to announce the effective date of these rule
sections. See Satellite Digital Audio Radio Service (SDARS) Second
Report and Order (FCC 10-82; IB Docket No. 95-91), 75 FR 45058, August
2, 2010.
Synopsis
As required by the Paperwork Reduction Act of 1995, (44 U.S.C.
3507), the Commission is notifying the public that it received OMB
approval on July 5, 2011, for the information collection requirement
contained in 47 CFR 25.144 and 25.263. Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection of information unless it
displays a current, valid OMB Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a valid OMB Control Number.
The OMB Control Number is 3060-1153 and the total annual reporting
burdens for respondents for this information collection are as follows:
Title: Satellite Digital Audio Radio Service (SDARS).
Form Number: Not applicable.
Type of Review: New collection.
OMB Control Number: 3060-1153.
OMB Approval Date: 07/05/2011.
OMB Expiration Date: 07/31/2014.
Respondents: Business or other for-profit entities.
Number of Respondents: 1 respondent; 74 responses.
Estimated Time per Response: 4-12 hours
Frequency of Response: On occasion filing requirement,
recordkeeping requirement and third party disclosure requirement.
Obligation to Respond: The information collection requirements
accounted for in this collection are necessary to determine the
technical and legal qualifications of SDARS applicants or licensees to
operate a station, transfer or assign a license, and to determine
whether the authorization is in the public interest, convenience, and
necessity. The statutory authority for this information collection is
contained in Sections 4, 301, 302, 303, 307, 309 and 332 of the
Communications Act, as amended, and 47 U.S.C. 154, 301, 302a, 303, 307,
309, and 332.
Total Annual Burden: 400 hours.
Annual Cost Burden: $171,320.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this information collection.
Needs and Uses: On May 20, 2010, the Commission adopted and
released a Second Report and Order titled, ``In the Matter of
Establishment of Rules and Policies for the Digital Audio Radio
Satellite Service in the 2310-2360 MHz Frequency Band,'' IB Docket No.
95-91, GEN Docket No. 90-357, RM-8610, 25 FCC Rcd 11710 (2010). In this
Second Report and Order, the Commission adopted a framework for the
regulation of SDARS terrestrial repeaters. First, the Commission
adopted technical rules governing the operation of SDARS repeaters that
will not unduly constrain the deployment of SDARS repeaters, but that
will, at the same time, limit the potential for harmful interference to
adjacent spectrum users in the Wireless Communications Service (WCS).
Second, the Commission adopted a blanket-licensing regime to facilitate
the flexible deployment of SDARS repeaters, which are necessary to
ensure a high quality service to the public, while ensuring that such
repeater operations comply with the Commission's rules regarding RF
safety, antenna marking and lighting, and equipment authorization, as
well as with international agreements. The Commission adopted a site-
by-site licensing regime for repeater operations that did not qualify
for blanket licensing. Finally, the Commission addressed other issues
regarding SDARS repeater operations that are not associated with the
interference concerns raised by WCS licensees. Specifically, the
Commission adopted rules to ensure that SDARS repeaters remain truly
complementary to a satellite-based service, and that SDARS
[[Page 57924]]
terrestrial repeaters are not used to transmit local programming or
advertising.
47 CFR 25.144(e)(3)--SDARS licensee shall, before deploying any
new, or modifying any existing, terrestrial repeater, notify
potentially affected WCS licensees pursuant to the procedure set forth
in 25.263.
47 CFR 25.144(e)(8)--SDARS licensees must file an earth station
application using Form 312 to obtain blanket authority for terrestrial
repeaters operating at 12 kW EIRP (average) or less and in compliance
with FCC rules; application must include certain parameters of
operation and a certification that the proposed SDARS terrestrial
repeater operations will comply with all the rules adopted for such
operations.
47 CFR 25.144(e)(9)--The operation of non-compliant repeaters and/
or repeaters operating above 12 kW EIRP (average) must be applied for
and authorized under individual site-by-site licenses using Form 312
and appropriate waiver of the Commission's rules.
47 CFR 25.263(b)--SDARS licensees are required to provide
informational notifications as specified in 25.263, including
requirement that SDARS licensees must share with WCS licensees certain
technical information at least 10 business days before operating a new
repeater, and at least 5 business days before operating a modified
repeater.
47 CFR 25.263(c); Recordkeeping/Third party disclosure--SDARS
licensees operating terrestrial repeaters must maintain an accurate and
up-to-date inventory of terrestrial repeaters operating above 2 W EIRP,
including the information set forth in 25.263(c)(2) for each repeater,
which shall be made available to the Commission upon request.
Requirement can be satisfied by maintaining inventory on a secure Web
site that can be accessed by authorized Commission staff.
Not codified (para. 278 of Order)--SDARS licensees must provide
potentially affected WCS licensees with an inventory of their
terrestrial repeater infrastructure.
Federal Communications Commission.
Avis Mitchell,
Federal Register Liaison, Office of the Secretary, Office of Managing
Director.
[FR Doc. 2011-23846 Filed 9-16-11; 8:45 am]
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