Supporting Statement 3060-XXXX co channel 11 21 14

Section 74.802, Low Power Auxiliary Stations Co-channel 3060-xxxx

Coordination with TV Broadcast Stations February 2015

SUPPORTING STATEMENT

A. Justification:

1. The Federal Communications Commission (Commission) is requesting approval of a collection for the coordination of certain wireless microphone operations with television licensees, as explained below.

Low power auxiliary station (“LPAS”) operations are intended for uses such as wireless microphones, cue and control communications, and synchronization of TV camera signals (referenced collectively as “wireless microphones”). The Commission’s rules provide for licensed LPAS operations on unused television channels on a secondary, non-exclusive basis.¹

In the Incentive Auction Report and Order,² the Commission adopted rules to implement the broadcast television spectrum incentive auction, which will involve reorganizing the existing television band and repurposing a portion of the UHF television band for new wireless broadband services, and which will affect wireless microphone operations across the current TV bands. To ensure that wireless microphones users have access to as many television channels as possible following the repacking process, the Commission determined to revise its rules for co-channel operations in two ways to provide wireless microphones with access to additional television channels in particular locations without raising interference concerns to television licensees.

First, the Commission decided to revise its rule at 47 C.F.R. § 74.802(b) to permit wireless microphones to operate in the bands allocated for TV broadcasting at distances as close as four kilometers from a television station’s predicted contour (including digital or analog full power, Class A, and low power television (LPTV) stations), which is closer than the distance requirement in the current rule.³

Second, to enable licensed LPAS operators to access additional co-channel spectrum, the Commission determined that it would also permit licensees to operate even closer to television stations than the revised separation distances, provided that any such operations are coordinated with the television licensees, and revised its rule accordingly.⁴ Requiring coordination with broadcasters effectively addresses the concerns of broadcasters about revising the rules to provide for closer co-channel operations, based on the potential for interference to television operations. The revised rule is attached at the end of this supporting statement.

The Commission is requesting the Office of Management and Budget (OMB) approval for the collection relating to this coordination requirement.

Statutory authority for this collection of information is contained in 47 U.S.C. §§ 151, 154, 301, 303, 307, 308, 309, 310, 316, 319, 325(b), 332, 336(f), 338, 339, 340, 399b, 403, 534, 535, 1404, 1452, and 1454.

There are no impacts under the Privacy Act because individuals or households are not involved with this collection of information.

2. The information in the coordination requirement will be used by LPASs, including wireless microphones, to operate in television band spectrum in a more efficient and effective manner where such operations are co-channel on that spectrum with television stations, and the coordination requirement addresses concerns about the potential for potential interference to television operations. LPASs, including wireless microphones, operate on television band spectrum that also is used by television broadcast stations. Because of the incentive auction of television band spectrum to be held by the Commission, there will be a reduced amount of television spectrum that can accommodate wireless LPAS and other operations. In order to ensure that LPAS operations can be accommodated in an efficient and effective manner, the Commission determined to revise its rules to expand the areas where wireless microphones may be used in the television bands by reducing the co-channel separation distance requirements, which provide the distance at which co-channel LPAS operations must be separated from the television station. In addition, the Commission will permit LPASs to operate even closer to television stations provided that any such operations are coordinated with television licensees.

3. This is a coordination requirement involving operations between Commission licensees and communications with frequency coordinators. The use of information technology is feasible in this situation.

4. There is no duplication of effort because LPAS licensees have not previously been authorized under the rule to operate at such close proximity to TV broadcasters, nor has there been a corresponding coordination requirement.

5. This coordination requirement is necessary for LPASs to operate on TV band spectrum in an efficient and effective manner, while addressing concerns on the potential for interference to television operations. This particular coordination requirement applies to large and small entities alike. There is already a level of familiarity available to LPAS operators which are required to select frequencies in a manner to avoid interference with each other and are guided by the need to avoid interference to TV broadcasters.

6. This collection is a part of the Commission’s steps to ensure that the reduced amount of television spectrum that remains following the incentive auction can continue to accommodate wireless microphone operations, along with other uses of the spectrum, in an efficient and effective manner. Wireless microphones provide many important functions that serve the public interest, including in enabling broadcasters and other video programming networks to serve consumers, including helping to cover breaking news and broadcasting live sports events. They often are integral to creating high quality content that consumers demand and value, and contribute substantially to the economy. If the required collection is not undertaken, these LPAS licensees will not be able to access the additional TV band spectrum in the manner anticipated by the Commission, and some of the important functions that their operation make available to the public may not be achieved. Conducting the collection on a less frequent basis would be inconsistent with the goal of providing access for LPAS licensees to additional co-channel spectrum.

7. There are no special circumstances associated with this collection of information.

8. The 60-day notice soliciting comments on this collection was published in the Federal Register as required under 5 CFR 1320.8(d) on December 1, 2014 (79 FR 71099). No PRA comments were received as a result of the Notice.

9. Respondents will not receive any payments or gifts in connection with this collection of information.

10. There is no need for confidentiality with this collection.

11. The information collection requirements do not address any private matters or questions of a sensitive nature.

12. We estimate that there will be approximately 200 coordinations requiring two respondents for each coordination, one by 200 LPAS licensees and one by 200 TV broadcasters. We estimate that the coordination requirement will take a total of 2 hours to fulfill the requirement (on average, 1 hour will be done by in-house personal and the remaining 1 hour of coordination will be done by outside engineers or equivalent personnel).⁵

Total Number of Respondents: 200 + 200 = 400 respondents

We estimate that LPAS licensees and TV broadcast stations will use in-house personnel to meet this coordination requirement approximately 50 percent of the time and take an hour to fulfill the requirement, and that they will use outside engineers or equivalent personnel approximately 50 percent of the time and take an hour to fulfill the requirement. In addition, we estimate that approximately 70 percent of the respondents will coordinate on a one-time basis over the next three years on average. We estimate that approximately 30 percent of the respondents will coordinate more than one time on average, which is estimated to be approximately 3 times annually over the next three years for each of these respondents.

200 x 0.70 ÷ 3 = 47 responses annually

200 x 0.30 x 3 = 180 responses annually

Total Number of Responses Annually: 47 + 180 = 227 responses⁶

We estimate that it will take approximately 1.0 hours per respondent on average to meet the coordination requirement, comprised of approximately one hour by an in-house engineer or equivalent individual.

47 responses x 1 hour/response = 47 hours

180 responses x 1 hour/response = 180 hours

Total Annual Burden Hours: 47 hours + 180 hours = 227 hours

We estimate the use of an in-house engineer or equivalent individual at $50 per hour for the required coordination.

47 hours x $50/hour = $2,350

180 hours x $50/hour = $9,000

Total Annual In-House Cost to the Respondents: $2,350 + $9,000 = $11,350

13. Cost to the Respondents

(a) Total annualized capital/startup costs: $0.00.

(b) Total annual costs (O&M): Operational and maintenance is generally included as part of the coordination process.

We estimate that preparation cost is generally included as part of the coordination process.

We estimate that the respondents will purchase the services of an outside consultant, outside engineer, or equivalent individual or service at a rate of $250 per hour at approximately one hour on average in those cases where its in-house personnel do not perform the coordination. We estimate that the purchase of such services will be done for approximately 50 percent of the time for the coordination requirement and will take an hour.

47 responses x 1 hour/response x $250/hour = $11,750

180 responses x 1 hours x $250/hour = $45,000

Total estimated respondent cost: $11,750 + $45,000 = $56,750

(c) Total annualized cost requested:

Total annualized cost requested: $0 + $56,750 = $56,750

14. There is no cost to the Federal Government. Coordinations will not be actively monitored in the absence of complaints.

15. This is a new information collection. It will add program changes/increases to OMB’s inventory as follows: 400 respondents, 227 responses, 227 annual burden hours and $56,750 in annual cost. These increases are due to some information collection requirements adopted in the Incentive Auction Report and Order, FCC 14-50.

16. The data will not be published.

17. There is no form associated with this collection, therefore, the expiration date for OMB approval is not applicable.

18. The Commission published a 60-day notice (79 FR 71099) seeking comment from the public on the information collection requirements contained in this collection. In the notice, the Commission stated that individuals and households are respondents to this collection. After further review, the Commission has determined that individuals and households are not respondents to this collection. There are no exceptions to the “Certification Statement.”

B. Collections of Information Employing Statistical Methods:

No statistical methods are employed.

1 The selection of frequencies in the bands allocated for TV broadcasting shall be guided by the need to avoid interference to TV broadcast reception. In these bands, LPAS usage is secondary to TV broadcasting and land mobile stations operating in the UHF-TV spectrum and must not cause harmful interference. 47 C.F.R. § 74.803(b).

2 Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and Order, 29 FCC Rcd 6567 (2014) (Incentive Auction Report and Order).

3 See 47 C.F.R. § 74.802(b).

4 47 C.F.R. § 74.802(b).

5 This portion of the requirement is accounted for under question 13 because it is being performed by an outside engineer or equivalent individual.

6 The 400 respondents will work on the same 227 responses when fulfilling the coordination requirement.

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