Application to Participate in a FCC Auction, FCC Form 175

Forms and Documents

Document Name	Status
Non-substantive change request for 3060-0600 FCC Form 175 national security cert 9-26-13.docx Justification for No Material/Nonsubstantive Change	2013-09-26
Supporting Statement OMB 3060-0600 (September 2013)(non-substantive change update).doc Supporting Statement A	2013-09-26
0600_SignedOMBLetter_082613.pdf Supplementary Document	2013-08-26

IC Document Collections

IC ID	Document Title	Status
30443	Application to Participate in a FCC Auction Other-electronic screen shots	Unchanged

ICR Details

OMB Control No: 3060-0600	ICR Reference No: 201309-3060-009
Status: Historical Active	Previous ICR Reference No: 201308-3060-009
Agency/Subagency: FCC	Agency Tracking No: WTB/Auctions
Title: Application to Participate in a FCC Auction, FCC Form 175
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/25/2014
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/26/2013
	Date Received in OIRA: 09/26/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2014	03/31/2014	03/31/2014
Responses	500	0	500
Time Burden (Hours)	750	0	750
Cost Burden (Dollars)	0	0	0

---

Abstract: The FCC Form 175 is used to participate in a competitive bidding (auction), or for a license, authorization, assignment or transfer of control. The applicant shall follow the ownership disclosure requirements in 47 CFR Sections 1.2105, 1.2110 and 1.2112 of the Commission's rules. The Federal Communication Commission uses information collected in FCC Form 175 in determining whether applicants are legally, technically, and financially qualified to participate in Commission auctions for licenses or permits. On September 17, 2013, the Office of Management and Budget (OMB) provided emergency approval under the Paperwork Reduction Act (PRA) of a minor revision to the Federal Communications Commission's (Commission) currently-approved information collection on FCC Form 175, which is used by the public to apply to participate in competitive bidding (auctions) for Commission licenses and permits, to add a national security certification to implement Section 6004 of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, § 6004, 125 Stat. 156, 222-223 (2012) (2012 Spectrum Act). The supporting statement accompanying the Commission's PRA approval request contained a general reference the FCC Form 175 certification requirements contained in 47 C.F.R. § 1.2105 of the Commission's rules, but inadvertently omitted a reference to the specific Commission rule – 47 C.F.R. § 1.2105(a)(2)(xii) – that requires the addition of the new certification to FCC Form 175. That rule, which was adopted by the Commission in a June 27, 2013 Report and Order, implements Section 6004 by requiring that a party seeking to participate in any auction conducted pursuant to the 2012 Spectrum Act certify in its application, under penalty of perjury, that the applicant and all of the related individuals and entities required to be disclosed on its application are not person(s) who have 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 and thus statutorily prohibited from participating in such a Commission auction. See 47 C.F.R. § 1.2105(a)(2)(xii). The Commission has updated its earlier-filed supporting statement to include a reference to 47 C.F.R. § 1.2105(a)(2)(xii) and has included it as part of this non-substantive change request. Also, this change request does not have an impact on the burden hours or costs for this collection. Therefore, the Commission is submitting this non-substantive change request to the Office of Management and Budget (OMB) for approval.

Emergency Justfication: On 2/22/12, the President signed the 2012 Spectrum Act, which, among other things requires the FCC to license certain specified frequency bands using a system of competitive bidding not later than three years after enactment. Section 6004 of the 2012 Spectrum At (47 U.S.C. section 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. The reason for the emergency is that the FCC has added a national security certification to FCC Form 175 and individuals and entities must file the form in early October to participate in the auction and the certification must be added to the form. This entails no additional burden to this information collection.

---

Authorizing Statute(s): US Code: 47 USC 4(i) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 309(j)(5) Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: PL: Pub.L. 112 - 96 6004 Name of Law: Middle Class Tax Relief and Job Creation Act of 2012 (2012 Spectrum Act)

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AJ86	Final or interim final rulemaking	78 FR 50214	08/16/2013

---

Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 52767	08/26/2013
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application to Participate in a FCC Auction	FCC Form 175	Application to Participate in a FCC Auction - Certifications

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	500	500	0	0	0	0
Annual Time Burden (Hours)	750	750	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government: $11,498

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/26/2013

---