On February 22, 2012, the President signed the Spectrum Act, which, among other things, authorized the Commission to conduct incentive auctions, and directed that the Commission use this innovative tool for an incentive auction of broadcast television spectrum to help meet the Nationâs growing spectrum needs.
The modified and new information collection requirements reported under the revised collection are the result of various Commission actions to implement this new and novel approach for use in the BIA.The BIA will have three main components: (1) a âreverse auctionâ in which broadcast television licensees will submit bids to voluntarily relinquish their spectrum usage rights in exchange for defined shares of proceeds from the âforward auctionâ; (2) a ârepackingâ of the broadcast television bands; and (3) a âforward auctionâ of initial licenses for flexible use of the newly available spectrum.
On June 2, 2014, the Commission released a Report and Order, Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, FCC 14-50, 29 FCC Rcd 6567 (2014) (Incentive Auction R&O), in which it adopted general rules to govern the BIA, including additional application disclosure and certification requirements that must be made by applicants seeking to participate in the forward auction component of the BIA.
On December 17, 2014, the Commission released a Public Notice, FCC 14-191, 29 FCC Rcd 15750 (2014), in which it sought comment on the detailed procedures to be used to conduct the BIA consistent with the rules and policies adopted in the Incentive Auction R&O. On August 11, 2015, the Commission released a Public Notice, FCC 15-78, 30 FCC Rcd 8975 (2015), in which it adopted procedures for bidding in the reverse and forward auctions and additional information collection requirements for both auctions, and announced that the auction was scheduled to begin on March 29, 2016.
On October 15, 2015, the Commissionâs Wireless Telecommunications Bureau released a Public Notice, DA 15-1183, in which it adopted the procedures for applying to participate in the reverse and forward auctions, including some additional information collection requirements for both auctions, and announced the deadlines for filing applications to participate in the reverse and forward auctions. The filing window for forward auction applications is scheduled to open on January 26, 2016 and close on February 9, 2016.
On July 20, 2015, the Commission released a Report and Order in which it updated many of its Part 1 competitive bidding rules. Of relevance to the information collection at issue here, the Commission: (1) modified the eligibility requirements for small business benefits, and updated the standardized schedule of small business sizes, including the gross revenues thresholds used to determine eligibility; (2) established a new bidding credit for eligible rural service providers; (3) adopted a rule prohibiting the same individual from serving as an authorized bidder for more than one auction applicant; (4) adopted targeted attribution rules to prevent the unjust enrichment of ineligible entities; (5) revised the former defaulter rule; (6) adopted rules prohibiting joint bidding arrangements with limited exceptions; (7) adopted rules prohibiting the same individual or entity as well as entities that have controlling interests in common from becoming qualified to bid on the basis of more than one auction application in a specific auction, with a limited exception for certain rural wireless partnerships and individual members of such partnerships; and (8) adopted a rule requiring entities with non-controlling interests in other entities to establish internal controls to ensure that bidding information does not flow between them in situations where both entities seek to separately bid in an auction.
The Federal Communications Commission (Commission) requests Office of Management and Budget (OMB) approval to submit the information collection described herein under the âemergency processingâ 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 on the FCC Form 175 (OMB Control Number 3060-0600), which is the form used to apply to participate in non-reverse auctions for Commission licenses and permits. We respectfully request Office of Management and Budget (OMB) approval for this revised information collection no later than 26 days after it is received at OMB.
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
DA 15-959.pdf
DA-15-1183A1 (1).docx
Emergency Supporting Statement_FCC Form 175_OMB 3060-0600 (December 2015) 12-14-15.doc
Application to Participate in an FCC Auction