On June 27, 2013, the Commission
released a Report and Order (R&O), FCC 13-88, WT Docket No.
12-357, in which it established service rules and competitive
bidding procedures for the 1915-1920 MHz and 1995-2000 MHz bands.
See Service Rules for the Advanced Wireless Services H
Block-Implementing Section 6401 of the Middle Class Tax Relief and
Job Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000
MHz Bands, Report and Order, FCC 13-88, 28 FCC Rcd 9483 (2013). The
R&O also implemented 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, 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 or being issued a license. In addition, the R&O
determined that the National Security Certification required by
Section 6004 extends to transfers, assignments, and other secondary
market mechanisms involving licenses granted pursuant to the 2012
Spectrum Act. See H Block R&O, 28 FCC Rcd at 9555 ¶ 187. The
Commission therefore seeks approval for a revision to its currently
approved information collection on FCC Form 608 to include this
additional certification. The revised collection will enable the
Commission to determine whether an applicant's request for a
license pursuant to the 2012 Spectrum Act is consistent with
Section 6004. Additionally, the form 608 is being revised to update
the Alien Ownership certifications pursuant to the Second Report
and Order, FCC 13-50, IB Docket 11-133, Review of Foreign Ownership
Policies for Common Carrier and Aeronautical Radio Licensees under
Section 310(b)(4) of the Communications Act of 1934, as Amended.
The addition of the National Security Certification and the
revision to the Alien Ownership certification result in no change
in burden for the revised collection. The Commission estimates that
the additional certification will not measurably increase the
estimated average amount of time for respondents to complete FCC
Form 608 across the range of applicants or for Commission staff to
review the applications. The required notifications and
applications will provide the Commission with useful information
about spectrum usage and helps to ensure that licensees and lessees
are complying with Commission interference and non-interference
related policies and rules. Similar information and verification
requirements have been used in the past for licensees operating
under authorizations, and such requirements will serve to minimize
interference, verify lessees are legally and technically qualified
to hold licensees. and ensure compliance with Commission rules.
This submission documents a non-substantive change request to an
existing information collection pursuant to 44 U.S.C. § 3507. This
submission seeks to make minor changes to FCC Form 608 used by
Wireless Licensees to file applications for Transfers and
Assignments of licenses authorizations and Spectrum
Leases.
US Code:
47 USC 154(i), 154(j) Name of Law: Communications Act of 1934,
as amended
US Code:
47 USC 155, 158, 161 Name of Law: Communications Act of 1934,
as amended
US Code:
47 USC 301, 303(r), 308, 309, 310 Name of Law: Communications
Act of 1934, as amended
US Code: 47
USC 332 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 151 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 503 Name of Law: Communications Act of 1934, as amended
There are no program changes to
this collection. There are adjustments/decreases to the annual
burden hours of 3,964 hours which are due to the Commission
miscalculating the burden hours in its previous submission to OMB.
Also, there are adjustments/increases to the annual cost burden of
$371,575 which are due to increases in the hourly consulting fees
(attorney) for this collection.
$33,615
No
No
No
No
No
Uncollected
Dorothy Stifflemire 202
418-7349
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:
(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.