[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55254-55255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21982]
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FEDERAL COMMUNICATIONS COMMISSION
Information Collection Being Reviewed by the Federal
Communications Commission Under Delegated Authority
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection, as required by the Paperwork
Reduction Act (PRA) of 1995. Comments are requested concerning whether
the proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; the accuracy of the
Commission's burden estimate; ways to enhance the quality, utility, and
clarity of the information collected; ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology; and ways to further reduce the information collection
burden on small business concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the PRA that does not display a valid Office of
Management and Budget (OMB) control number.
DATES: Written PRA comments should be submitted on or before November
12, 2013. If you anticipate that you will be submitting comments, but
find it difficult to do so within the period of time allowed by this
notice, you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email
[email protected] mailto:[email protected] and to [email protected]
mailto:[email protected].
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0995.
[[Page 55255]]
Title: Section 1.2105, Bidding Application and Certification
Procedures; Prohibition of Certain Communications.
Form No.: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities, Not-for-profit
institutions, and State, local or Tribal government.
Number of Respondents: 10 respondents; 10 responses.
Estimated Time per Response: 1.5 hours to 2 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in 47
U.S.C. 154(i) and 309(j).
Total Annual Burden: 50 hours.
Total Annual Cost: $9,000.
Nature and Extent of Confidentiality: The Commission is not
requesting that the respondents submit confidential information to the
Commission. If the Commission requests applicants to submit information
that the respondents believe is confidential, respondents may request
confidential treatment of such information under 47 CFR 0.459 of the
Commission's rules.
Privacy Act Impact Assessment: N/A.
Needs and Uses: The Commission will submit this expiring
information collection to the Office of Management and Budget (OMB)
after this 60 day comment period in order to obtain the full three year
clearance from them. The Commission is requesting an extension (no
change in the reporting requirements) of this information collection.
There is no change in the Commission's burden estimates.
Subject to certain exceptions, section 1.2105(c) of the
Commission's rules prohibits auction applicants that are eligible to
bid on any of the same geographic areas from cooperating or
collaborating with respect to, discussing or disclosing to each other
in any manner the substance of their bids or bidding strategies from
the short-form application filing deadline to the post-auction down
payment deadline, unless such applicants are members of a bidding
consortium or other joint bidding agreement reported on their short-
form applications.
The Commission has found that even when a communication of bids or
bidding strategies is limited to one applicant's bids or bidding
strategies, it may unfairly disadvantage the other bidders in the
market by creating an asymmetry of information. Section 1.2105(c)(1) of
the Commission's rules attempts to address this concern by prohibiting
auction applicants from communicating their bids or bidding strategies
to each other. In enforcing Section 1.2105(c)(1), however, the
Commission has encountered auction applicants engaging in
communications prohibited by the rule. In some instances, there has
been concern expressed about the obligation of a bidder to report
information received from another bidder that potentially violates the
rule, and the Commission has previously counseled applicants on the
safest course of action for a recipient of a prohibited communication
during the period in which Section 1.2105(c)(1) prohibitions are in
effect would be to terminate the discussion and promptly report
communication to the Commission. The Commission believes that the anti-
collusion rule to include such a reporting requirement, as a deterrent
to would-be disseminators of prohibited information regarding bids or
bidding strategies, will make clear the responsibility to report such
behavior and will thereby enhance the competitiveness and fairness of
its spectrum auctions. Under the amendment the Commission adopted in
the Seventh Report and Order, an applicant's failure to report a
prohibited communication pursuant to Section 1.2105(c) may constitute a
rule violation distinct from any act of collusion that violates Section
1.2105(c)(1).
The information requirement will enable the Commission to ensure
that no bidder gains an unfair advantage over other bidders in its
spectrum auctions and thus enhance the competitiveness and fairness of
its auctions. The information collected will be reviewed, and if
warranted, referred to the Commission's Enforcement Bureau for possible
investigation and administrative action. The Commission may also refer
allegations of anticompetitive auction conduct to the Department of
Justice (DoJ) for investigation.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-21982 Filed 9-9-13; 8:45 am]
BILLING CODE 6712-01-P