The Federal Communications Commission
(Commission) is seeking to obtain approval from the Office of
Management and Budget (OMB) for a revision to a currently approved
collection, with no change in burden estimates. The currently
approved collection requires a minor revision to require the
submission of a signed acknowledgment with the FCC Form 175 to
implement new note US91 in section 2.106 of the Commission's rules,
47 C.F.R. § 2.106, US note 91, and new section 27.1134(f) of the
Commission's rules, 47 C.F.R. § 27.1134(f). The Federal
Communications 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.
The Federal
Communications Commission (Commission) requests Office of
Management and Budget (OMB) approval to submit the information
collection described herein under the “emergency processing”
provisions of the Paperwork Reduction Act (PRA) of 1995 (5 CFR
1320.13). The Commission is requesting clearance for a revision to
a currently approved information collection to require the
submission of a signed acknowledgment with the FCC Form 175, which
is the form used to apply to participate in competitive bidding
(auctions) for Commission licenses and permits. We respectfully
request OMB approval for this revised information collection no
later than 26 days after it is received at OMB. On February 22,
2012, the President signed the Middle Class Tax Relief and Job
Creation Act of 2012, Pub. L. No. 112-96, 125 Stat. 156 (2012)
(2012 Spectrum Act), which, among other things, requires the
Commission to allocate for commercial use and license certain
specified frequency bands using a system of competitive bidding not
later than three years after enactment. On March 31, 2014, the
Commission released a Report and Order (R&O), FCC 14-31, GN
Docket No. 13-185, 28 FCC Rcd 4610 (2014), in which it established
service rules and competitive bidding procedures for the 1695-1710
MHz, 1755-1780 MHz, and 2155-2180 MHz bands. On May 19, 2014, the
Commission’s Wireless Telecommunications Bureau (WTB) released a
Public Notice announcing that an auction to assign licenses in
these frequency bands is will begin on November 13, 2014 and
soliciting comment on proposed auction procedures for the auction.
On July 23, 2014, the WTB released a Public Notice, DA 14-1018,
adopting procedures for the auction. The R&O adopted new rules
to address commercial operations in these bands in light of the
temporary and indefinite sharing by Federal incumbent users and
commercial licensees, including a requirement that commercial
licensees operate on a co-equal, primary operations with Federal
systems within specified geographic zones, and a requirement that
licensees in the 1755-1780 MHz band accept interference from
Federal systems as long as such systems remain in the band. To
implement these rules, the Public Notice adopting procedures for
the auction includes a requirement that an applicant in any auction
for licenses in the 1755-1780 MHz band submit with its FCC Form 175
a signed acknowledgement statement related to sharing and potential
interference. The Commission therefore seeks approval for a
revision to its previously approved collection of information on
FCC Form 175 to permit collection of the signed acknowledgement
statement. Under the revised collection, an applicant in any
auction for licenses in the 1755-1780 MHz band will be required to
submit a signed acknowledgement with its FCC Form 175 stating that
(1) the applicant acknowledges that under 47 C.F.R. § 27.1134(f) it
must accept any interference from incumbent federal operations in
1755-1780 MHz identified in an approved Transition Plan until such
time as these operations vacate the 1755-1780 MHz band in
accordance with 47 CFR part 301; (2) the applicant acknowledges
that under 47 USC § 2.106, US note 91 it must accept harmful
interference from certain incumbent federal systems, including
federal earth stations at 25 sites; (3) the applicant accepts the
risk that this may pose to any base station or associated equipment
that it may deploy; any services it may offer; and any of its other
business arrangements; (4) the applicant acknowledges that it
understands these risks could potentially affect the value of any
licenses in 1755-1780 MHz band and that it has considered these
risks before submitting any bids for applicable licenses; and (5)
this acknowledgement does not supersede the licensee’s rights and
obligations specified by law, rule, or other Commission action with
respect to these frequencies.
US Code:
47 USC 4(i), 154(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.
Form FCC Form 175 Application to Participate in an FCC Auction
Emergency Justification Letter for 3060-0600 (July 2014).pdf
DA-14-1018A1.docx
Supporting Statement OMB 3060-0600 (Emergency for Aknowledgement Statement)(July 2014) - updated 7-24-14 - FINAL (clean).doc
Application to Participate in an FCC Auction