[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Notices]
[Pages 69663-69664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28572]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0995]
Information Collection Requirement Being Submitted to the Office
of Management and Budget for Emergency Review and Approval
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal Communications Commission invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection. 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 December
1, 2015.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via
email [email protected]; and to Cathy Williams, FCC, via
email [email protected] and to [email protected]. Include in the
comments the Title as shown in the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION: The Commission is requesting emergency OMB
processing of the information collection requirement(s) contained in
this notice and has requested OMB approval no later than 26 days after
the collection is received at OMB. To view a copy of this information
collection request (ICR) submitted to OMB: (1) Go to the Web page
http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of
the Web page called ``Currently Under Review,'' (3) click on the
downward-pointing arrow in the ``Select Agency'' box below the
``Currently Under Review'' heading, (4) select ``Federal Communications
Commission'' from the list of agencies presented in the ``Select
Agency'' box, (5) click the ``Submit'' button to the right of the
``Select Agency'' box, (6) when the list of FCC ICRs currently under
review appears, look for the Title of this ICR and then click on the
ICR Reference Number. A copy of the FCC submission to OMB will be
displayed.
OMB Control Number: 3060-0995.
Title: Section 1.2105(c), Bidding Application and Certification
Procedures; Sections 1.2105(c) and 1.2205, Prohibition of Certain
Communications.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities, not-for-profit
institutions, and state, local or tribal governments.
Estimated Number of Respondents and Responses: 10 respondents and
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 currently approved information collection
is contained in sections 154(i) and 309(j) of the Communications Act,
as amended, 47 U.S.C. 4(i), 309(j)(5), and section 1.2105(c) of the
Commission's rules, 47
[[Page 69664]]
CFR 1.2105(c). Statutory authority for the revised information
collection is contained in sections 154(i), 309(j), and 1452(a)(3) of
the Communications Act, as amended, 47 U.S.C. 4(i), 309(j)(5),
1452(a)(3), and sections 1.2105(c) and 1.2205 of the Commission's
rules, 47 CFR 1.2105(c), 1.2205.
Estimated Total Annual Burden: 50 hours.
Total Annual Costs: $9,000.
Nature and Extent of Confidentiality: The Commission will take all
reasonable steps to protect the confidentiality of all Commission-held
data of a reverse auction applicant consistent with the confidentiality
requirements of the Spectrum Act and the Commission's rules. See 47
U.S.C. 1452(a)(3); 47 CFR 1.2206. In addition, to the extent necessary,
a full power or Class A television broadcast licensee may request
confidential treatment of any report of a prohibited communication
submitted to the Commission that is not already being treated as
confidential pursuant to section 0.459 of the Commission's rules, 47
CFR 0.459. Forward auction applicants are entitled to request
confidentiality in accordance with section 0.459 of the Commission's
rules, 47 CFR 0.459.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: On February 22, 2012, the President signed the
Spectrum Act, which, among other things, authorized the Commission to
conduct incentive auctions, and directed that the Commission use this
innovative tool for an incentive auction of broadcast television
spectrum to help meet the Nation's growing spectrum needs. See Middle
Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, sections
6402, 6403, 125 Stat. 156 (2012) (Spectrum Act), codified at 47 U.S.C.
309(j)(8)(G), 1452. The Commission's broadcast incentive auction (BIA)
will have three main components: (1) A reverse auction in which
broadcast television licensees will submit bids to voluntarily
relinquish their spectrum usage rights in exchange for defined shares
of proceeds from the forward auction; (2) a repacking of the broadcast
television bands; and (3) a forward auction of initial licenses for
flexible use of the newly available spectrum.
The Commission is revising the currently approved information
collection to implement new collection requirements resulting from the
Commission's adoption of new and modified rules prohibiting certain
communications for full power and Class A television broadcast
licensees and for applicants seeking to participate in the forward
auction component of the BIA and requiring such covered parties to file
a report with the Commission within a specified period of time if they
make or receive a prohibited communication. Subject to certain
exceptions, section 1.2205(b) of the Commission's rules provides that,
beginning on the deadline for submitting applications to participate in
the reverse auction and until the results of the incentive auction are
announced by public notice, all full power and Class A broadcast
television licensees are prohibited from communicating directly or
indirectly any incentive auction applicant's bids or bidding strategies
to any other full power or Class A broadcast television licensee or to
any forward auction applicant. Section 1.2205(c) requires any party
that makes or receives a prohibited communication to report such
communication in writing to the Commission immediately, and in no case
later than five business days after the communication occurs. Section
1.2205(d) provides the procedures for filing any reports required under
section 1.2205(c). Subject to certain exceptions, forward auction
applicants in the BIA are subject to a BIA-specific provision in
section 1.2105(c) of the Commission's rules (in addition to the
Commission's existing prohibited communications rule applicable to
applicants in traditional Commission auctions), which provides that,
beginning on the deadline for submitting applications to participate in
the forward auction and until the results of the incentive auction have
been announced by public notice, all forward auction applicants are
prohibited from communicating directly or indirectly any incentive
auction applicant's bids or bidding strategies to any full power or
Class A broadcast television licensee. Section 1.2105(c) requires
forward applicants that make or receive a prohibited communications
that is prohibited under section 1.2105(c) to file a report of such a
communication with the Commission.
The Commission's rules prohibiting certain communications in
Commission auctions are designed to reinforce existing antitrust laws,
facilitate detection of collusive conduct, and deter anticompetitive
behavior, without being so strict as to discourage pro-competitive
arrangements between auction participants. They also help assure
participants that the auction process will be fair and objective, and
not subject to collusion. The information collected through the
Commission's existing reporting requirement under section 1.2105(c)
allows the Commission to enforce the prohibition on forward auction
applicants by making clear the responsibility of parties who receive
information that potentially violates the rules to promptly report to
the Commission, thereby enhancing the competitiveness and fairness of
its spectrum auctions. The revised information collection under the
BIA-specific rule in section 1.2105(c) and in sections 1.2205(c) and
1.2205(d) will likewise help the Commission enforce the prohibition on
covered parties in the BIA, further assuring incentive auction
participants that the auction process will be fair and competitive. The
prohibited communication reporting requirement required of covered
parties will enable the Commission to ensure that no bidder gains an
unfair advantage over other bidders in its auctions and thus enhances
the competitiveness and fairness of Commission's 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 for
investigation.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2015-28572 Filed 11-9-15; 8:45 am]
BILLING CODE 6712-01-P