[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Rules and Regulations]
[Pages 3133-3135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01055]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 27

[WT Docket No. 12-357; FCC 13-88]


Service Rules for the Advanced Wireless Services H Block--
Implementing Section 6401 of the Middle Class Tax Relief and Job 
Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz 
Bands

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 the Advanced Wireless Services H Block--
Implementing Section 6401 of the Middle Class Tax Relief and Job 
Creation Act of 2012 related to the 1915-1920 MHz and 1995-2000 MHz 
Bands. This document 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. Additionally, the Commission 
announces that OMB approved, for a period of three years, the revisions 
to the existing collection on FCC Form 601, which are also associated 
with the Commission's R&O, and that those revisions are also effective 
with publication of this document.

DATES: The effective date for Sec. Sec.  1.946, 27.10, 27.12, and 27.17 
that were adopted on June 27, 2013, and published in the Federal 
Register at 78 FR 50213, August 16, 2013, OMB Control 3060-1184, is 
January 17, 2014. The corresponding revisions to the existing 
collection on FCC Form 601, OMB Control Number 3060-0798, are also 
effective January 17, 2014.

FOR FURTHER INFORMATION CONTACT: Matthew Pearl, Wireless 
Telecommunications Bureau, Broadband Division, at (202) 418-BITS or by 
email at Matthew.Pearl@fcc.gov.

SUPPLEMENTARY INFORMATION: This document announces that, on September 
26, 2013, OMB approved, for a period of three years, the new 
information collection requirements contained in the Commission's R&O, 
FCC 13-88, published at 78 FR 50213, August 16, 2013. The new OMB 
Control Number is 3060-1184. The Commission publishes this document as 
an announcement of the effective date of the H Block rules: Sec. Sec.  
1.946(d), 27.10(d), 27.12, and 27.17. In addition, the Commission notes 
that OMB previously approved or is in the process of approving 
revisions required by the R&O to existing information collections. To 
add the national security certification required by Section 6004 of the 
Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C 1404, to 
the FCC Forms 175, 601, 603, and 608, the Commission has obtained or is 
in the process of obtaining OMB approval for revisions to its 
previously-approved information collections on those forms. The 
effective date for the revisions to the existing collection on FCC Form 
175 has been published. See H Block Report and Order (Revisions to FCC 
Form 175, OMB Control 3060-0600), Effective Date Notice, published at 
78 FR 66287, November 5, 2013. The revisions to the existing collection 
on FCC Form 601 were approved by OMB on January 2, 2014 and those 
revisions are also effective with this notice. See Notice of Office of 
Management and Budget Action, ICR Reference Number 201311-3060-018, FCC 
Application for Radio Service Authorization: WTB and PSHSB, FCC Form 
601, OMB Control 3060-0798, Approved without change on Jan. 2, 2014, 
available at http://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=3060-0798#. To add this certification to 
the FCC Forms 603 and 608, the Commission is currently seeking OMB 
approval for revisions to its existing information collections on those 
forms, and OMB action on these revisions is anticipated on or after 
January 23, 2014 (when the comment cycle for the 30-day notice closes). 
See Information Collections Being Submitted for Review and Approval to 
the Office of Management and Budget, Revisions to FCC Application for 
Assignments of Authorization and Transfers of Control and FCC 
Application or Notification for Spectrum Leasing Arrangement: Wireless 
Telecommunications Bureau, Public Safety and Homeland Security Bureau, 
OMB Control Numbers 3060-0800 and 3060-1058 (FCC Forms 603, 608), 
published at 78 FR 77676 on Dec. 24, 2013, available at http://www.gpo.gov/fdsys/pkg/FR-2013-12-24/pdf/2013-30651.pdf. The Commission 
will publish an effective date notice once these revisions to FCC Forms 
603 and 608 are approved by OMB. 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 Cathy 
Williams at (202) 418-2918 or via the Internet at 
Cathy.Williams@fcc.gov. Please include the new OMB Control Number, 
3060-1184, 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 
September 26, 2013, which contained new and modified information 
collection requirements, in 47 CFR 1.946(d), 27.10(d), 27.12, and 
27.17, 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 No. 12-357, FCC 13-88, which appears at 
78 FR 50213, August 16, 2013, adopts flexible use rules for 10 
megahertz of spectrum in the 1915-1920 MHz and 1995-2000 MHz spectrum 
bands (H Block) that would increase the nation's supply of spectrum for 
mobile broadband. We adopt H Block terrestrial service rules, modified 
as necessary to account for issues unique to the H Block bands. First, 
we find the spectrum is properly allocated for commercial use as 
required by the Spectrum Act. Second, we determine the H Block can be 
used without causing harmful interference to PCS operations in the 
1930-1995 MHz band. Third, we establish 1915-1920 MHz paired with 1995-
2000 MHz as the H Block band plan. Fourth, we adopt technical rules 
that authorize mobile and fixed operations in the bands and protect 
operations in adjacent and nearby spectrum bands from harmful 
interference pursuant to the requirements of the Spectrum Act. Fifth,

[[Page 3134]]

we adopt cost sharing rules that require H Block licensees to pay a pro 
rata share of expenses incurred through clearing the 1915-1920 MHz and 
1995-2000 MHz bands. Sixth, we adopt a variety of flexible use 
regulatory, licensing, and operating rules for H Block licensees. 
Seventh, we adopt performance requirements for the H Block spectrum. 
Specifically, a licensee of H Block 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 
license areas' population within four years, and to at least 75 percent 
of the population in each of its license areas within ten years, and to 
appropriate penalties if these benchmarks are not met. Eighth, we adopt 
procedures to assign H Block licenses through a system of competitive 
bidding.
    The effective date of the rules adopted in that Report and Order 
was published as August 16, 2013, except for Sec. Sec.  1.946(d), 
27.10(d), 27.12, and 27.17. Through this document, the Commission 
announces that it has received this approval (new OMB Control No. 3060-
1184, Expiration Date: September 30, 2016) and that Sec. Sec.  
1.946(d), 27.10(d), 27.12, and 27.17 were approved by OMB on September 
26, 2013.
    The Commission has also received approval to add the national 
security certification required by Section 6004 of the Middle Class Tax 
Relief and Job Creation Act of 2012, 47 U.S.C 1404, to the FCC Form 
601. Additionally, the FCC Form 601 is revised to update the Alien 
Ownership certifications pursuant to the Second Report and Order, FCC 
13-50, IB Docket 11-133, Review of Foreign Ownership Policies for 
Common Carrier and Aeronautical Radio Licensees under section 310(b)(4) 
of the Communications Act of 1934, as Amended, published at 78 FR 
41314-01 on July 10, 2013, available at http://www.gpo.gov/fdsys/pkg/FR-2013-07-23/pdf/2013-17711.pdf.
    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 Numbers are 3060-1184 and 3060-0798. 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: 3060-1184.
    OMB Approval Date: September 26, 2013.
    OMB Expiration Date: September 30, 2016.
    Title: Service Rules for the Advanced Wireless Services H Block--
Implementing Section 6401 of the Middle Class Tax Relief and Job 
Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz 
Bands.
    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: 4 respondents; 4 responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: On occasion, reporting, recordkeeping 
requirements, and third party disclosure requirement.
    Obligation To Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in 15 U.S.C. 79 
et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 227, 303(r), 
309, 310, 1404, and 1451.
    Total Annual Burden: 2 hours.
    Total Annual Cost: 0.
    Privacy Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: The following information collection requirements 
which were not effective until approved by the Office of Management and 
Budget apply to the following rule sections:
    (a) Section 1.946 requires H Block licensees to file a construction 
notification and certify that they have met the applicable performance 
benchmarks.
    (b) Section 27.10 requires an H Block licensee to notify the 
Commission within 30 days if it changes, or adds to, the carrier status 
on its license.
    (c) Section 27.12 requires H Block licensees to comply with certain 
eligibility reporting requirements.
    (d) Section 27.17 requires H Block licensees to notify the 
Commission within ten days if they permanently discontinue service by 
filing FCC Form 601 or 605 and requesting license cancellation.

    OMB Control No.: 3060-0798.
    OMB Approval Date: January 2, 2014.
    OMB Expiration Date: January 31, 2017.
    Title: FCC Application for Radio Service Authorization:

Wireless Telecommunications Bureau
Public Safety and Homeland Security Bureau
    Form No.: FCC Form 601.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; and State, Local or Tribal 
government.
    Number of Respondents: 253,120.
    Estimated Time per Response: 1.25 hours.
    Frequency of Response: On occasion reporting requirement, third 
party disclosure requirement, Record Keeping & Other--10 year.
    Obligation To Respond: Required to obtain or retain benefits.
    Total Annual Burden: 221,780 hours.
    Total Annual Cost: $55,410,000.
    Privacy Act Impact Assessment: Yes.
    Nature and Extent of Confidentiality: In general there is no need 
for confidentiality. On a case by case basis, the Commission may be 
required to withhold from disclosure certain information about the 
location, character, or ownership of a historic property, including 
traditional religious sites.
    Needs and Uses: FCC Form 601 is a consolidated, multi-part 
application form, or ``long form,'' that is used for general market-
based licensing and site-by-site licensing for wireless 
telecommunications and public safety services filed through the 
Commission's Universal Licensing System (ULS). FCC Form 601 is composed 
of a main form that contains the administrative information and a 
series of schedules used for filing technical and other information. 
Respondents are encouraged to submit FCC Form 601 electronically and 
are required to do so when submitting FCC Form 601 to apply for an 
authorization for which the applicant was the winning bidder in a 
spectrum auction.
    The data collected on FCC Form 601 include the FCC Registration 
Number (FRN), which serves as a ``common link'' for all filings an 
entity has with the FCC. The Debt Collection Improvement Act of 1996 
requires that those entities filing with the Commission to use a FRN.
    FCC Form 601 is being used for auctionable services as they are 
implemented; FCC Form 601 is used to apply for a new authorization, or 
to amend a pending application for an authorization to operate a 
license wireless radio services. This includes Public Mobile Services, 
Personal Communications Services, General Wireless Communications 
Services, Private Land Mobile Radio Services, Broadcast Auxiliary 
Services, Fixed Microwave Services, Instructional Television Fixed 
Service (ITFS) and the

[[Page 3135]]

Multipoint Distribution Service (MDS), Maritime Services (excluding 
ships), and Aviation Services (excluding aircraft). It may also be used 
to modify or renew an existing license, cancel a license, withdraw a 
pending application, obtain a duplicate license, submit required 
notifications, request an extension of time to satisfy construction 
requirements, or request an administrative update to an existing 
license (such as mailing address change), request a Special Temporary 
Authority (STA) or a Developmental License.
    The FCC Form 601 is revised to add a National Security 
Certification that is applicable to applicants for licenses issued as a 
result of the Middle Class Tax Relief and Job Creation Act of 2012 
(2012 Spectrum Act). Section 6004 of the 2012 Spectrum Act, 47 U.S.C 
1404, prohibits a person who has been, for reasons of national 
security, barred by any agency of the Federal Government from bidding 
on a contract, participating in an auction, or receiving a grant from 
participating in any auction that is required or authorized to be 
conducted pursuant to the 2012 Spectrum Act.
    Additionally, the FCC Form 601 is being revised to update the Alien 
Ownership certifications pursuant to the Second Report and Order FCC 
13-50 IB Docket 11-133 Review of Foreign Ownership Policies for Common 
Carrier and Aeronautical Radio Licensees under section 310(b)(4) of the 
Communications Act of 1934, as Amended.
    The Commission will use the information to ensure H Block 
licensees' compliance with required filings of notifications, 
certifications, regulatory status changes, and applicable performance 
benchmarks. Also, such information will be used to verify whether H 
Block applicants and, in the context of the national security 
certification requirement, whether other applicants for Spectrum Act 
licenses are legally and technically qualified to hold licenses; and to 
determine compliance with Commission rules. Any submissions made 
through the Universal Licensing System must be filed electronically.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-01055 Filed 1-16-14; 8:45 am]
BILLING CODE 6712-01-P