[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Rules and Regulations]
[Pages 48621-48622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19355]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 27, and 101
[WT Docket Nos. 12-70 and 04-356; ET Docket No. 10-142; FCC 12-151]
Service Rules for Advanced Wireless Services in the 2000-2020 MHz
and 2180-2200 MHz Bands, etc.
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
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 associated with the Commission's Report and
Order (R&O), Service Rules for Advanced Wireless Services in the 2000-
2020 MHz and 2180-2200 MHz Bands, etc.
This notice is consistent with the R&O, which stated that the
Commission would publish a document in the Federal Register announcing
the effective date of those rules.
DATES: The amendments to Sec. Sec. 1.949, 27.14, 27.17, 27.1131,
27.1134, 27.1136, 27.1166, 27.1168, 21.1170, 101.69, and 101.73(d) that
appeared in the Federal Register at 78 FR 8229, February 5, 2013, are
effective on August 9, 2013.
FOR FURTHER INFORMATION CONTACT: Kevin Holmes, Wireless
Telecommunications Bureau, Broadband Division, at (202) 418-BITS or by
email at [email protected].
SUPPLEMENTARY INFORMATION: This document announces that, on July 31,
2013, OMB approved, for a period of three years, the information
collection requirements contained in the Commission's R&O, FCC 12-151,
published at 78 FR 8229 on February 5, 2013. The OMB Control Number is
3060-1030. The Commission publishes this notice as an announcement of
the effective date of the rules. If you have any comments on the burden
estimates listed below, or how the Commission can improve the
collections and reduce any burdens caused thereby, please contact
Judith B. Herman at (202) 418-0214 or via email at [email protected]. Please include the OMB Control Number, 3060-1030, in
your correspondence. The Commission will also accept your comments via
email at [email protected].
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
July 31, 2013, which contained new or modified information collection
requirements, in 47 CFR 1.949, 27.14, 27.17, 27.1131, 27.1134, 27.1136,
27.1166, 27.1168, 21.1170, 101.69, and 101.73(d), which would not be
effective until approved by the Office of Management and Budget. The
information collection was adopted in the Report and Order in WT Docket
Nos. 12-70 and 04-356; ET Docket No. 10-142, FCC 12-151, which appears
at 78 FR 8229, February 5, 2013, adopts flexible use rules for 40
megahertz of spectrum in the 2 GHz band (2000-2020 MHz and 2180-2200
MHz) that would increase the nation's supply of spectrum for mobile
broadband. Also, we adopted AWS-4 terrestrial service, technical, and
licensing rules that generally follow the Commission's part 27 flexible
use rules, modified as necessary to account for issues unique to the
AWS-4 bands. First, we establish 2000-2020 MHz paired with 2180-2200
MHz as the AWS-4 band plan. In addition, we adopted appropriate
technical rules for operations in the AWS-4 band. This includes rules
governing the relationship of the AWS-4 band to other bands. Third,
mindful that AWS-4 spectrum is now allocated on a co-primary basis for
Mobile Satellite and for terrestrial Fixed and Mobile services and that
MSS licensees already have authorizations to provide service in the
band, we determined that the AWS-4 rules must provide for the
protection of 2 GHz MSS systems from harmful interference caused by
AWS-4 systems. Fourth, consistent with our determination below to grant
AWS-4 terrestrial operating authority to the incumbent 2 GHz MSS
licensees, we proposed to assign terrestrial rights by modifying the
MSS operators' licenses pursuant to section 316 of the Communications
Act. Fifth, we adopted performance requirements for the AWS-4 spectrum.
Specifically, licensees of AWS-4 operating authority will be subject to
build-out requirements that require a licensee to provide terrestrial
signal coverage and offer terrestrial service to at least 40 percent of
its total terrestrial license areas' population within four years, and
to at least 70 percent of the population in each of its license areas
within seven years, and to appropriate penalties if these
[[Page 48622]]
benchmarks are not met. Sixth, we adopted a variety of regulatory,
licensing, operating, and relocation and cost sharing requirements for
licensees of AWS-4 operating authority. Seventh, we eliminated the ATC
rules for the 2 GHz MSS band and propose to modify the 2 GHz MSS
operators' licenses to eliminate their ATC authority. In so doing, the
AWS-4 Report and Order would carry out a recommendation in the National
Broadband Plan that the Commission enables the provision of stand-alone
terrestrial services in the 2 GHz Mobile Satellite Service (MSS)
spectrum band, thus dramatically increasing the value of this spectrum
to the public. The AWS-4 Report and Order would remove regulatory
barriers to mobile broadband use of this spectrum; would adopt service,
technical, and licensing rules that would encourage innovation and
investment in mobile broadband; and would provide certainty and a
stable regulatory regime for the rapid deployment of wireless
broadband.
The effective date of the rules adopted in that Report and Order
was published as March 7, 2013, except for Sec. Sec. 1.949, 27.14,
27.17, 27.1131, 27.1134, 27.1136, 27.1166, 27.1168, 21.1170, 101.69,
and 101.73(d). Through this document, the Commission announces that it
has received this approval (OMB Control No. 3060-1030, Expiration Date:
July 31, 2016) and that Sec. Sec. 1.949, 27.14, 27.17, 27.1131,
27.1134, 27.1136, 27.1166, 27.1168, 21.1170, 101.69, and 101.73(d) will
become effective August 9, 2013.
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 current, valid OMB Control
Number. The OMB Control Number is 3060-1030. The foregoing notice is
required by the Paperwork Reduction Act of 1995, Public Law 104-13,
October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1030.
OMB Approval Date: July 31, 2013.
OMB Expiration Date: July 31, 2016.
Title: Service Rules for Advanced Wireless Services (AWS) in the
1.7 GHz and 2.1 GHz.
Form Number: N/A.
Respondents: Business or other for-profit entities, not-for-profit
institutions, Federal Government, and state, local or tribal
government.
Number of Respondents: 979 respondents; 1,625 responses.
Estimated Time per Response: .25 hours to 5 hours.
Frequency of Response: On occasion, annual and every 10 year
reporting requirements, recordkeeping requirement and third party
disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in 47
U.S.C. 151, 152, 154(i), 201, 301, 302, 303(f), 303(g), 303(r), 307,
308, 309, 310, 316, 319, 324, 332, and 333 of the Communications Act of
1934, as amended; and the Commercial Spectrum Enhancement Act (CSEA),
Public Law 108-494, 118 Stat. 3896, 3992 (2004).
Total Annual Burden: 32,386 hours.
Total Annual Cost: $581,800.
Privacy Impact Assessment: N/A.
Nature and Extent of Confidentiality: There is no need for
confidentiality except as follows: some relocators that seek
reimbursement through the FCC cost-sharing plan administered by the
clearinghouses will be required to retain records for more than three
years, as will the clearinghouses themselves.
Needs and Uses: The information collection requirements which were
not effective until approved by the Office of Management and Budget
apply to the rules listed in the DATES sections.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-19355 Filed 8-8-13; 8:45 am]
BILLING CODE 6712-01-P