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 â 47 C.F.R. § 1.2105(a)(2)(xii) â 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.
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.
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
PL: Pub.L. 112 - 96 6004 Name of Law: Middle Class Tax Relief and Job Creation Act of 2012 (2012 Spectrum Act)
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:
(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;
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.
Non-substantive change request for 3060-0600 FCC Form 175 national security cert 9-26-13.docx
Supporting Statement OMB 3060-0600 (September 2013)(non-substantive change update).doc
0600_SignedOMBLetter_082613.pdf
Application to Participate in a FCC Auction