[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Proposed Rules]
[Pages 18137-18138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7475]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[GEN Docket No. 86-285; FCC 11-27]


Amendment of the Schedule of Application Fees

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the Commission seeks comments to clarify the 
rules on the payment of filing fees by winning bidders in auctions of 
construction permits in the broadcast services in conjunction with 
their long-form applications.

DATES: Comments are due April 18, 2011, and reply comments are due May 
2, 2011.

ADDRESSES: You may submit comments, identified by GEN Docket No. 86-
285, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#1471777267547277773a737b62"><span class="__cf_email__" data-cfemail="395c5a5f4a795f5a5a175e564f">[email protected]</span></a>. Include GEN Docket No. 86-285 in the 
subject line of the message.
    <bullet> Mail: Commercial overnight mail (other than U.S. Postal 
Service Express Mail, and Priority Mail, must be sent to 9300 East 
Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-
class, Express, and Priority mail should be addressed to 445 12th 
Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of Managing 
Director at (202) 418-0444.

SUPPLEMENTARY INFORMATION:
    1. By this Notice of Proposed Rulemaking, adopted on February 28, 
2011 and released on March 3, 2011, we seek to clarify the rules on the 
payment of filing fees by winning bidders in auctions of construction 
permits in the broadcast services in conjunction with their long-form 
applications. In the Broadcast Competitive Bidding First Report and 
Order, the Commission required the filing of application fees in such 
cases, and section 1.1104, the Schedule of Charges for Media Bureau 
Service filings, requires the payment of a fee when the long-form 
application is filed.\1\ However, section 1.2107(c) of the rules 
provides with regard to the filing of long-form applications by winning 
bidders in auctions that, ``Notwithstanding any other provision in 
Title 47 of the Code of Federal Regulations to the contrary, high 
bidders need not submit an additional application filing fee with their 
long-form applications.'' \2\ To resolve any inconsistency and to 
conform Section 1.2107(c) to the Commission's determination in the 
Broadcast Competitive Bidding First Report and Order as reflected in 
section 1.1104, we propose to amend section 1.2107(c) by revising the 
cited sentence to read as follows: ``Except as otherwise provided in 
section 1.1104 of the rules, high bidders need not submit an additional 
application fee with their long-form applications.'' We seek comment on 
this proposal.
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    \1\ Implementation of Section 309(j) of the Communications Act--
Competitive Bidding Procedures for Commercial Broadcast and 
Instructional Television Fixed Television Service Licenses, MM 
Docket No. 97-234, First Report and Order, 13 FCC Rcd 15920, 15984-
85 para. 164 (1998) (Broadcast Competitive Bidding First Report and 
Order).
    \2\ 47 CFR 1.2107(c). The Commission adopted section 1.2107(c) 
before the Balanced Budget Act of 1997 extended the Commission's 
competitive bidding authority under Section 309(j) of the 
Communications Act of 1934 to mutually exclusive applications for 
construction permits or licenses in broadcast services. See Balanced 
Budget Act of 1997, Public Law 105-33, Title III, 111 Stat. 251 
(1997).
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Procedural Matters

    2. Regulatory Flexibility Act. The rule change proposed in the 
Notice of Proposed Rulemaking will not have a significant economic 
impact on a substantial number of small entities or impose significant 
costs on parties to Commission proceedings.
    3. Comment Filing Procedures. Pursuant to Sections 1.415 and 1.419 
of the Commission's rules, 47 CFR 1.415 and 1.419, interested parties 
may file comments in the Notice of Proposed Rulemaking 15 days after 
publication in the Federal Register, and reply comments 15 days after 
the comment deadline. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
    <bullet> Electronic Filers. Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/. 
Filers should follow the instructions provided on the Web site for 
submitting comments.
    <bullet> ECFS filers must transmit one electronic copy of the 
comments for Gen. Docket No. 86-285. In completing the transmittal 
screen, filers should include their full name, U.S. Postal Service 
mailing address, and the applicable docket number. Parties may also 
submit an electronic comment by Internet e-mail.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although we continue 
to experience delays in receiving U.S. Postal Service mail due to 
security measures). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.

[[Page 18138]]

    <bullet> All hand-delivered and/or messenger-delivered paper 
filings for the Commission's Secretary must be delivered to FCC 
Headquarters at 445 Twelfth St., SW., Room TW-A325, Washington, DC 
20554. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building.
    <bullet> Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 Twelfth Street, SW., Washington, DC 
20554.
    4. Parties shall also serve one copy with the Commission's copy 
contractor, Best Copy and Printing, Inc. (BPCI), Portals II, 445 
Twelfth Street, SW., Room CY-B402, Washington, DC 20554, (202) 488-
5300, or via e-mail to <a href="/cdn-cgi/l/email-protection#2147424261434251485644430f424e4c"><span class="__cf_email__" data-cfemail="0c6a6f6f4c6e6f7c657b696e226f6361">[email protected]</span></a>. Documents in GEN Docket No. 86-
285 will be available for public inspection and copying during business 
hours at the FCC Reference Information Center, Portals II, 445 Twelfth 
Street, SW., Room CY-A257, Washington, DC 20554. The documents may also 
be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-
5563, TTY (202) 488-5562, e-mail <a href="/cdn-cgi/l/email-protection#62040101220001120b1507004c010d0f"><span class="__cf_email__" data-cfemail="4d2b2e2e0d2f2e3d243a282f632e2220">[email protected]</span></a>.
    5. Ex Parte Presentations. The Notice of Proposed Rulemaking shall 
be treated as a ``permit-but-disclose'' proceeding in accordance with 
the Commission's ex parte rules, 47 CFR 1.1200 et seq. Requirements 
pertaining to oral and written presentations are set forth in Section 
1.1206(b) of the Commission's rules.
    6. Accessible Formats. To request materials in accessible formats 
for people with disabilities (Braille, large print, electronic files, 
audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection#4a2c29297f7a7e0a2c2929642d253c"><span class="__cf_email__" data-cfemail="40262323757074002623236e272f36">[email protected]</span></a> or call the Consumer & 
Governmental Affairs Bureau at (202) 418-0432 (tty).

Ordering Clauses

    7. Accordingly, it is ordered, that, pursuant to sections 1, 4(i), 
4(j), and 8 of the Communications Act of 1934, as amended, 47 U.S.C. 
sections 151, 154(i), 154(j), and 158, this Notice of Proposed 
Rulemaking is hereby adopted.
    8. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the U.S. Small Business Administration.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

    1. The authority citation for Part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309, unless otherwise noted.

    2. Amend Sec.  1.2107 by revising paragraph (c) to read as follows:


Sec.  1.2107.  Submission of down payment and filing of long-form 
applications.

* * * * *
    (c) A high bidder that meets its down payment obligations in a 
timely manner must, within ten (10) business days after being notified 
that it is a high bidder, submit an additional application (the ``long-
form application'') pursuant to the rules governing the service in 
which the applicant is the high bidder. Except as otherwise provided in 
Sec.  1.1104, high bidders need not submit an additional application 
filing fee with their long-form applications.
* * * * *
[FR Doc. 2011-7475 Filed 3-31-11; 8:45 am]
BILLING CODE 6712-01-P


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