[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Rules and Regulations]
[Pages 48621-48622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19355]


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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.

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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 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 Kevin.Holmes@fcc.gov.

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 Judith-B.Herman@fcc.gov. Please include the OMB Control Number, 3060-1030, in 
your correspondence. The Commission will also accept your comments via 
email at PRA@fcc.gov.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov 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