On August 3, 2017, the Commission
released the WRS Reform Second Report and Order in which it
consolidated the hodgepodge of service-specific geographic
partitioning and spectrum disaggregation rules into a consolidated
Part 1 rule, 1.950 (See Amendment of Parts 1, 22, 24, 27, 74, 80,
90, 95, and 101 To Establish Uniform License Renewal,
Discontinuance of Operation, and Geographic Partitioning and
Spectrum Disaggregation Rules and Policies for Certain Wireless
Radio Services, Second Report and Order and Further Notice of
Proposed Rulemaking, FCC 17-105 (WRS Reform Second Report and
Order)). Of relevance to the information collection at issue here,
the Commission required that when portions of geographic licenses
are sold, both parties to the transaction have a clear construction
obligation and penalty in the event of failure. Specifically, §
1.950(c) requires parties seeking approval for geographic
partitioning, spectrum disaggregation, or a combination of both to
apply for a partial assignment of authorization by filing FCC Form
603 pursuant to § 1.948 of the Commission's rules. Each request for
geographic partitioning must include an attachment defining the
perimeter of the partitioned area by geographic coordinates to the
nearest second of latitude and longitude, based upon the 1983 North
American Datum (NAD83). Alternatively, applicants may specify an
FCC-recognized service area (e.g., Basic Trading Area, Economic
Area, Major Trading Area, Metropolitan Service Area, or Rural
Service Area), county, or county equivalent, in which case,
applicants need only list the specific FCC-recognized service area,
county, or county equivalent names comprising the partitioned area.
Additionally, applicants have the option to submit geographic data
associated with applications to partition and/or disaggregate their
license using a shapefile, KML or Geojson file format. In addition,
§ 1.950(d) requires applicants for geographic partitioning,
spectrum disaggregation, or a combination of both, to include, if
applicable, a certification with their partial assignment of
authorization application stating which party will meet any
incumbent relocation requirements, except as otherwise stated in
service-specific rules. Further, § 1.950(g) provides parties to
geographic partitioning, spectrum disaggregation, for a combination
of both, with two options to satisfy service-specific performance
requirements (i.e., construction and operation requirements). Under
the first option, each party may certify that it will individually
satisfy any service specific requirements and, upon failure, must
individually face any service-specific performance penalties. Under
the second option, both parties may agree to share responsibility
for any service-specific requirements. Upon failure to meet their
shared service-specific performance requirements, both parties will
be subject to any service-specific penalties. The Commission seeks
approval for revisions to its currently approved collection of
information under OMB Control Number 3060-0800 to permit the
collection of the additional information in connection with partial
assignments of authorizations for geographic partitioning, spectrum
disaggregation, or a combination of both, pursuant to the rules and
information collection requirements adopted by the Commission in
the WRS Reform Second Report and Order. We do not anticipate that
these revisions will impact the collection filing burden.
US Code:
47
USC 309 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 155 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 154 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 161 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 158 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 310 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 301 Name of Law: Communications Act of 1934, as amended
US Code: 47
USC 308 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 303(r) Name of Law: Communications Act of 1934, as
amended
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.