[Federal Register Volume 63, Number 169 (Tuesday, September 1, 1998)]
[Notices]
[Pages 46444-46445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23440]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Submitted to OMB for 
Review and Approval

August 25, 1998.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, Pub. L. 104-13. An agency 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 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning: (a) 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; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, clarity of 
the information collected; and (d) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated information techniques or other forms of information 
technology.

DATES: Written comments should be submitted on or before October 1, 
1998. 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 comments to Les Smith, Federal Communications, 
Room 234, 1919 M St., NW., Washington, DC 20554 or via internet to 
[email protected].


[[Page 46445]]


FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Les Smith at 202-418-0217 or via 
internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Approval Number: 3060-0767.
    Title: Auction Forms and License Transfer Disclosures--Supplement 
for the Second R & O, Order on Reconsideration, and Fifth NPRM in CC 
Docket No. 92-297.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business and other for-profit entities; State, Local 
or Tribal Government.
    Number of Respondents: 44,000 (180,000 annual responses).
    Estimated Time Per Response: 0.5-4.0 hours.
    Frequency of Response: Recordkeeping; On occasion reporting 
requirements.
    Total Annual Burden: 773,000 hours.
    Cost to Respondents: $47,452,000.
    Needs and Uses: The auction rules, among other things, require 
small business applicants to submit ownership information and gross 
revenue calculations, and all applicants to submit terms of joint 
bidding agreements (if any). Furthermore, in case a licensee defaults 
or losses its license, the Commission retains the discretion to 
reauction such licenses. If licenses are reauctioned, the new license 
winner would be required at the close of the reauction, to comply with 
the same disclosure requirements. Finally, licensees who transfer 
licenses within three years will be required to maintain certain 
information to ensure compliance with Commission rules.
    Specifically: (1) Small business license winners (and their 
successors in interest as licensees) will be required to maintain a 
file over the license term containing ownership and gross revenues 
information, necessary to determine their business eligibility as a 
small business and (2) licensees who transfer licensees within three 
years are required to maintain a file of all documents and contracts 
pertaining to the transfer. Applicants that do not obtain the 
license(s) for which they applied shall maintain such files until the 
grant of such license(s) is final, or one year from the date of the 
filing of their short-form, application (FCC Form 175), whichever is 
earlier.
    The Commission also adopted rules to determine the amount of unjust 
enrichment payments to be assessed upon assignment, transfer, 
partitioning and disaggregation of licenses. This rule, applicable to 
all current and future licensees, is based upon the unjust enrichment 
of rule currently applicable to broadband PCS licensees. Additionally, 
the Commission amended its general anticollusion rules, permitting the 
holder of a non-controlling attributable interest in an applicant to 
obtain an ownership interest in or enter into a consortium arrangement 
with another applicant for a license in the same geographic area 
provided that the original applicant has withdrawn from the auction, is 
no longer placing bids, and has no further eligibility. To meet the 
requirements of the exception, the attributable interest holder will be 
required to certify to the Commission that it did not communicate with 
the new applicant prior to the date the original applicant withdrew 
from the auction, and that it will not convey bidding information, or 
otherwise serve as a nexus between the previous and the new applicant.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 98-23440 Filed 8-31-98; 8:45 am]
BILLING CODE 6712-10-P