18490 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

eligibility such as partnership 

agreements, shareholder agreements, 

management agreements, spectrum 

leasing arrangements, and all other 

agreements, including oral agreements, 

establishing de facto and de jure control 

of the qualifying Tribal entity. A 

qualifying Tribal entity also must 

provide the date(s) on which each of the 

agreements listed was entered into. 

(f) An applicant seeking eligibility as 

a qualifying Tribal entity must attach 

with its long-form application a 

certification from the Tribal government 

stating that the applicant is authorized 

by the Tribal government to site 

facilities and provide service on its 

Tribal lands. 

(g) Tribal land(s). Any federally 

recognized Indian tribe’s reservation, 

Pueblo, or Colony, including former 

reservations in Oklahoma, Alaska 

Native regions established pursuant to 

the Alaska Native Claims Settlement Act 

(85 Stat. 688), and Indian allotments. 

(h) Unserved and/or underserved 

Tribal land(s). Those Tribal lands with 

Wireless Radio Services coverage to no 

more than 65 percent of the population 

of the Tribal land area based on the 

most recently available U.S. Census 

Data. 

§ 1.1003 Tribal Licensing Priority. 

During a window announced by the 

Commission for the filing of 

applications for a Tribal licensing 

priority, a qualifying Tribal entity 

having jurisdiction over unserved or 

underserved Tribal lands within the 

geographic area of a Wireless Radio 

Service license that has not been 

assigned, may submit a long-form 

license application for an authorization 

to use the Tribal land portion of that 

license. In the event that license 

applications filed by qualifying Tribal 

entities are mutually exclusive, the 

Commission will resolve these mutually 

exclusive applications by means of a 

competitive bidding process open only 

to those qualifying Tribal entities. 

§ 1.1004 Tribal Lands Construction Safe 

Harbor. 

Satisfaction of Construction 

Requirements through Service to Tribal 

Lands. A Wireless Radio Licensee with 

Tribal lands within the geographic area 

of its license will be deemed to have 

satisfied its construction obligations for 

its entire service area if it deploys 

coverage to at least 75% of the 

geographic area of such Tribal lands. 

[FR Doc. 2011–7825 Filed 4–1–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 64 

[CG Docket No. 11–47; FCC 11–38] 

Contributions to the 

Telecommunications Relay Service 

Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes rules to 

implement the ‘‘Twenty-First Century 

Communications and Video 

Accessibility Act of 2010’’ (CVAA) 

which requires each interconnected 

voice over Internet Protocol (VoIP) 

service provider and each provider of 

non-interconnected VoIP service to 

participate in and contribute to the 

Telecommunications Relay Services 

(TRS) Fund. The law directs that within 

one year after the date of enactment of 

the CVAA, such VoIP providers shall 

participate in and contribute to the 

Fund in a manner prescribed by the 

Commission by regulation. The 

regulations must oblige such 

participation in a manner that is 

consistent with and comparable to the 

obligations of other contributors to the 

fund. 

DATES: Comments are due on or before 

May 4, 2011. Reply comments are due 

on or before May 19, 2011. Written 

comments on the proposed information 

collection requirements, subject to the 

Paperwork Reduction Act (PRA) of 

1995, Public Law 104–13, should be 

submitted on or before June 3, 2011. 

ADDRESSES: You may submit comments, 

identified by [CG Docket No. 11–47], by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS) http:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Filers should 

follow the instructions provided on the 

Web site for submitting comments and 

transmit one electronic copy of the 

filing to each docket number referenced 

in the caption, which in this case is CG 

Docket No. 11–47. For ECFS filers, 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. 

To get filing instructions, filers should 

send an e-mail to ecfs@fcc.gov, and 

include the following words in the body 

of the message, ‘‘get form <your e-mail 

address>.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. In addition, 

parties must send one copy to the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Washington, DC 20554, or 

via e-mail to fcc@bcpiweb.com. Filings 

can be sent by hand or messenger 

delivery, by commercial overnight 

courier, or by first-class or overnight 

U.S. Postal Service mail. All filings 

must be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. 

• Envelopes must be disposed of 

before entering the building. The filing 

hours are 8 a.m. to 7 p.m. 

• 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 firstclass, Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington DC 20554. 

In addition, document FCC 11–38 

contains proposed information 

collection requirements subject to the 

PRA. It will be submitted to the Office 

of Management and Budget (OMB) for 

review under section 3507 of the PRA. 

OMB, the general public, and other 

Federal agencies are invited to comment 

on the proposed information collection 

requirements contained in this 

document. PRA comments should be 

submitted to Cathy Williams, Federal 

Communications Commission via e-mail 

at PRA@fcc.gov and 

Cathy.Williams@fcc.gov and Nicholas A. 

Fraser, Office of Management and 

Budget via fax at 202–395–5167 or via 

e-mail to 

Nicholas_A._Fraser@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rosaline Crawford, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, at (202) 418–2075 or 

e-mail Rosaline.Crawford@fcc.gov. 

For additional information concerning 

the PRA information collection 

requirements contained in this 

document, contact Cathy Williams, 

Federal Communications Commission, 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18491 

at (202) 418–2918, or via e-mail 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Contributions to the 

Telecommunications Relay Service 

Fund, Notice of Proposed Rulemaking 

(NPRM), document FCC 11–38, adopted 

March 2, 2011, released March 3, 2011, 

in CG Docket No. 11–47. 

The full text of document FCC 11–38 

and copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying via ECFS, and during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. They may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554, telephone: (800) 378–3160, fax: 

(202) 488–5563, or Internet: http:// 

www.bcpiweb.com. Document FCC 11– 

38 can also be downloaded in Word or 

Portable Document Format (PDF) at 

http://www.fcc.gov/cgb/dro/ 

trs.html#orders. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

e-mail to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). To view a copy of this 

information collection request (ICR) 

submitted to OMB: (1) Go to the Web 

page http://www.reginfo.gov/public/do/ 

PRAMain, (2) look for the section of the 

Web page called ‘‘Currently Under 

Review,’’ (3) click on the downwardpointing arrow in the ‘‘Select Agency’’ 

box below the ‘‘Currently Under 

Review’’ heading, (4) select ‘‘Federal 

Communications Commission’’ from the 

list of agencies presented in the ‘‘Select 

Agency’’ box, (5) click the ‘‘Submit’’ 

button to the right of the ‘‘Select 

Agency’’ box, (6) when the list of FCC 

ICRs currently under review appears, 

look for the Title of this ICR and then 

click on the ICR Reference Number. A 

copy of the FCC submission to OMB 

will be displayed. 

Pursuant to 47 CFR 1.1200 et. seq., 

this matter shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substances of the presentations 

and not merely a listing of the subjects 

discussed. More than a one or two 

sentence description of the views and 

arguments presented is generally 

required. Other rules pertaining to oral 

and written ex parte presentations in 

permit-but-disclose proceedings are set 

forth in 47 CFR 1.1206 (b). 

Initial Paperwork Reduction Act of 

1995 Analysis 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

OMB to comment on the proposed 

information collection requirements 

contained in this document, as required 

by the PRA. Public and agency 

comments are due June 3, 2011. 

Comments should address: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimates; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology; 

and (e) ways to further reduce the 

information collection burden on small 

business concerns with fewer than 25 

employees. In addition, pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506 (c)(4), the Commission seeks 

specific comment on how it may 

‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ 

OMB Control Number: 3060–0855. 

Title: Telecommunications Reporting 

Worksheets and Related Collections. 

Form No.: FCC Forms 499–A and 

499–Q. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Businesses or other forprofit entities; Not-for-profit 

institutions. 

Number of Respondents and 

Responses: 8,183 respondents and 

46,957 responses. 

Estimated Time per Response: .25 

hours to 25 hours. 

Frequency of Response: Annual, onoccasion and quarterly reporting 

requirement; Recordkeeping 

requirement; Third party disclosure 

requirement. 

Obligation to Respond: Mandatory. 

Statutory authority for this information 

collection is contained in sections 151, 

154(i), 154(j), 155, 157, 201, 205, 214, 

225, 254, 303(r), 715 and 719 of the Act, 

47 U.S.C. 151, 154(i), 154(j), 155, 157, 

201, 205, 214, 225, 254, 303(r), 616, and 

620. 

Total Annual Burden: 313,881 hours. 

Total Annual Costs: None. 

Nature and Extent of Confidentiality: 

The Commission will allow respondents 

to certify that data contained in their 

submissions is privileged or 

confidential commercial or financial 

information and that disclosure of such 

information would likely cause 

substantial harm to the competitive 

position of the entity filing the FCC 

worksheets. If the Commission receives 

a request for or proposes to disclose the 

information, the respondent would be 

required to make the full showing 

pursuant to the Commission’s rules for 

withholding from public inspection 

information submitted to the 

Commission. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: In document FCC 

11–38, the Commission proposes rules 

to require contributions to the 

Telecommunications Relay Service 

Fund (TRS Fund) by noninterconnected Voice over Internet 

Protocol (VoIP) service providers with 

interstate end-user revenues. In section 

103(b) of the CVAA, Congress added a 

new section 715 to the Communications 

Act of 1934, as amended (the Act), 

which directs the Commission, within 

one year after the date of enactment of 

the CVAA, to require each 

interconnected VoIP service provider 

and each provider of noninterconnected VoIP service to 

participate in and contribute to the TRS 

Fund established in § 64.604(c)(5)(iii) of 

the Commission’s rules, as in effect on 

the date of enactment of such Act, in a 

manner, to be prescribed by the 

Commission by regulation, that is 

consistent with and comparable to the 

obligations of other contributors to the 

TRS Fund. In 2007, the Commission 

added interconnected VoIP service 

providers to the providers of interstate 

and international telecommunications 

services that contribute to the TRS 

Fund. See VoIP TRS Order, published at 

72 FR 43546, August 6, 2007. 

The NPRM proposes to extend these 

obligations to non-interconnected VoIP 

service providers. This would require 

them to register using blocks 1, 2, and 

6 of the FCC Form 499–A, and to 

annually file the completed form with 

the Commission. The NPRM makes 

other proposals regarding the TRS Fund 

rules that do not contain any paperwork 

requirements. 

Synopsis 

1. In document FCC 11–38, the 

Commission proposes rules to 

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implement section 103(b) of the CVAA, 

Public Law 111–260. The CVAA added 

a new section 715 to the Act which 

requires each interconnected VoIP 

service provider and each provider of 

non-interconnected VoIP service to 

participate in and contribute to the TRS 

Fund. Section 715 of the Act also 

requires the Commission to adopt 

regulations to provide for obligations of 

such providers that are consistent with 

and comparable to the obligations of 

other contributors to the TRS Fund. 

Currently, providers of interstate and 

international telecommunications 

services and interconnected VoIP 

service contribute to the TRS Fund but 

non-interconnected VoIP providers do 

not. In document FCC 11–38, the 

Commission proposes: to conform the 

definition of ‘‘interconnected VoIP 

service with the definition in the CVAA 

and to define ‘‘non-interconnected VoIP 

service’’; amend the Commission’s rules 

to specifically require interconnected 

and non-interconnected VoIP service 

providers to contribute to the TRS Fund 

in a manner that is consistent with and 

comparable to the obligations of other 

contributors to the Fund; amend the 

Commission’s rules to apply the $25 per 

year minimum contribution requirement 

only to contributors who have subject 

revenues; and make other editorial 

changes to the Commission’s Rules 

deemed appropriate and necessary. 

Document FCC 11–38 also seeks 

comment on issues relating to the 

provision of free services, 

administrative costs of providers, 

possible zero and de minimis 

contributions, registration requirements, 

the completion and submission of 

Telecommunications Reporting 

Worksheets (FCC Form 499–A), 

adopting an interim safe harbor 

percentage for calculating interstate 

end-user revenues, reporting billed or 

collected revenues, and the 

implementation deadline. 

Background 

Interconnected VoIP Services 

2. In 2007, the Commission extended 

section 225’s TRS requirements to 

interconnected VoIP service providers, 

including that such providers must 

contribute to the TRS Fund. Since 2006, 

interconnected VoIP service providers 

have been required to report their 

annual interstate end-user 

telecommunications revenue 

information on FCC Form 499–A for the 

purpose of the Universal Service Fund 

(USF) contribution requirements. 

3. Providers of ‘‘non-interconnected 

VoIP service’’ have not been required to 

contribute to the TRS Fund and have 

not been required to register or report 

revenues through the annual filing of 

FCC Form 499–A for any purpose. 

Examples of VoIP services that are not 

within the Commission’s definition of 

‘‘interconnected VoIP’’ include one-way 

VoIP services (i.e., services that enable 

users to terminate calls to the Public 

Switched Telephone Network (PSTN), 

but do not permit users to receive calls 

that originate on the PSTN, or enable 

users to receive calls from the PSTN, but 

do not permit the user to make calls 

terminating to the PSTN) and IP-based 

voice services that do not require a 

broadband connection. 

Discussion 

4. The CVAA defines ‘‘noninterconnected VoIP’’ service as a 

service that ‘‘enables real-time voice 

communications that originate from or 

terminate to the user’s location using 

Internet protocol or any successor 

protocol; and requires Internet protocol 

compatible customer premises 

equipment; and does not include any 

service that is an interconnected VoIP 

service’’. 

5. Section 9.3 of the Commission’s 

rules defines ‘‘interconnected VoIP 

service’’ as a service that enables realtime, two-way voice communications; 

requires a broadband connection from 

the user’s location; requires Internet 

protocol-compatible customer premises 

equipment (‘‘CPE’’); and permits users 

generally to receive calls that originate 

on the PSTN and to terminate calls to 

the PSTN. Section 101 of the CVAA 

requires the Commission to define 

‘‘interconnected VoIP service’’ as that 

term is defined under § 9.3 of the 

Commission’s rules, ‘‘as such section 

may be amended from time to time.’’ 

Document FCC 11–38 proposes to 

amend the TRS rules to remove the 

actual text of the definition, and instead 

codify the following language provided 

in the CVAA: ‘‘The term ‘interconnected 

VoIP service’ has the meaning given 

such term under § 9.3 of title 47, Code 

of Federal Regulations, as such section 

may be amended from time to time.’’ It 

seeks comment on this proposal. 

Participation in and Contribution to the 

TRS Fund 

6. Carriers and interconnected VoIP 

service providers are currently required 

to contribute the TRS Fund and, since 

2007, interconnected VoIP service 

providers have been reporting revenues 

for this purpose on FCC Form 499–A. 

The NPRM proposes to continue using 

that form for interconnected VoIP 

service and to extend that requirement 

to non-interconnected VoIP service 

providers. It seeks comment on this 

proposal. 

7. The current FCC Form 499–A and 

instructions are not designed to collect 

revenue or other information from 

providers of ‘‘non-interconnected VoIP 

services.’’ The NPRM proposes that the 

Wireline Competition Bureau, in 

consultation with the Commission’s 

Consumer and Governmental Affairs 

Bureau, make any revisions to the FCC 

Form 499–A or its instructions that may 

be necessary to effectuate the 

requirements of section 715 of the Act. 

It seeks comment on this proposal. 

8. Revenue Base. Currently, 

contributions to the TRS Fund are 

assessed based on ‘‘interstate end-user 

telecommunications revenues.’’ The 

NPRM proposes to require noninterconnected VoIP service providers 

to report their interstate end-user 

revenues as ‘‘telecommunications 

revenues’’ on the FCC Form 499–A, for 

the limited purpose of determining 

required TRS Fund contributions, and 

to contribute to the TRS Fund. 

Requiring providers of noninterconnected VoIP services to report 

interstate end-user revenues as 

‘‘telecommunications revenues’’ would 

be consistent with how interconnected 

VoIP providers have been reporting 

assessable revenues on the FCC Form 

499–A. 

9. Because some VoIP service 

providers offer some or all of their 

services free to the public, the NPRM 

asks for comment on how the 

Commission can ensure their 

participation and contributions are 

consistent with and comparable to the 

obligations of other contributors to the 

TRS Fund. For example, it asks whether 

it would be appropriate to assess 

contributions from providers of free 

VoIP services based on revenues from 

sources other than the ‘‘interstate enduser revenues of such services’’ such as 

revenues from advertisers, donors, or 

other revenue sources. The NPRM also 

seeks input on whether and how to 

account for end-user revenues 

associated with VoIP services when 

those services are provided as part of or 

in combination with other services such 

as Internet-based customer services or 

video games that generate revenue, or 

can the revenues associated with the 

VoIP service be disaggregated from the 

revenue, if any, associated with the nonVoIP service. The NPRM seeks comment 

on these issues. 

10. Administrative Costs to the 

Provider. The Senate Report to the 

CVAA permits the Commission to 

‘‘consider administrative costs to the 

provider when calculating 

contributions’’ and to ‘‘determine that an 

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obligation for any one provider could be 

zero or a de minimis amount.’’ The 

NPRM seeks comment on the types of 

‘‘administrative costs to the provider’’ 

that could be reported and how these 

may be considered when calculating 

contributions. It also seeks comment on 

how ‘‘administrative costs to the 

provider’’ might be considered when 

calculating contributions for a TRS 

Fund contributor that provides free 

services and therefore reports no subject 

revenues. Additionally, if 

administrative costs of interconnected 

or non-interconnected VoIP service 

providers are taken into consideration 

when calculating contributions, the 

NPRM seeks comment on the extent to 

which they should be considered any 

differently than the administrative costs 

of carriers or others required to 

contribute to the TRS Fund under the 

Commission’s rules. 

11. Minimum Contribution 

Requirement. Currently, carriers and 

interconnected VoIP service providers 

are required to file with USAC, by April 

1st of each year, a completed FCC Form 

499–A, which is used in part to 

calculate contributions to the TRS Fund. 

Filers are instructed to enter ‘‘0’’ on any 

line for which the filer had no revenues 

for the year. The NPRM seeks comment 

on whether a service that is offered 

wholly for free to the public would 

result in a filer reporting no end-user 

revenues for such service for the year. 

12. The Commission has previously 

held that the $25 minimum TRS Fund 

contribution requirement applies to all 

telecommunications carriers that have 

end-user revenues. The NPRM 

tentatively concludes that VoIP service 

providers that have no subject revenue 

for the respective reporting year should 

not be subject to this minimum 

contribution amount and seeks 

comment on this tentative conclusion. 

Alternatively, the NPRM seeks comment 

on whether VoIP service providers that 

report no subject revenue for the 

reporting year should be assessed a de 

minimis contribution amount. 

13. Conforming Amendments to 

Rules. The NPRM also proposes making 

conforming amendments to the 

Commission’s rules. The NPRM 

proposes, and seeks comment on, 

replacing the terms ‘‘carrier,’’ ‘‘carriers,’’ 

and ‘‘service providers’’ in 

§ 64.604(c)(5)(iii)(B) of the 

Commission’s rules with the term 

‘‘contributor(s)’’ and replacing ‘‘interstate 

end-user telecommunications revenues’’ 

in § 64.604(c)(5)(iii)(B) of the 

Commission’s rules and ‘‘interstate enduser revenues of such services’’ in 

§ 64.604(c)(5)(iii)(B) of the 

Commission’s rules with the phrase 

‘‘revenues subject to contributions.’’ 

14. Meaning of ‘‘Participate In.’’ 

Section 715 of the Act requires each 

interconnected VoIP service provider 

and each provider of noninterconnected VoIP service to 

‘‘participate in and contribute to the 

[TRS] Fund.’’ The NPRM tentatively 

concludes that the term ‘‘participate in’’ 

includes the requirement for 

contributors to complete and submit a 

Telecommunications Reporting 

Worksheet (FCC Form 499–A) annually 

and seeks comment on this conclusion 

and the meaning of the term ‘‘participate 

in’’ in this context. 

15. Contributor Registration. The 

process of completing and submitting 

the FCC Form 499–A includes a 

registration process of the filing entity. 

All current TRS Fund contributors have 

completed this registration process. The 

NPRM tentatively concludes that 

requiring all providers of noninterconnected VoIP services to 

similarly register with the Commission 

and designate a District of Columbia 

agent for service of process using the 

FCC Form 499–A in accordance with its 

instructions will facilitate the 

Commission’s enforcement of TRS Fund 

contribution obligations and is 

consistent with the congressional 

mandate for consistent and comparable 

obligations. The NPRM proposes to 

amend the registration requirements in 

§ 64.1195 of the Commission’s rules to 

include non-interconnected VoIP 

service providers or to adapt those rules 

for non-interconnected VoIP service 

providers under the Commission’s TRS 

rules. Finally, the NPRM seeks comment 

on whether § 1.47(h) of the 

Commission’s rules should be amended 

to include providers of noninterconnected VoIP services among 

those required to designate a District of 

Columbia agent for service of process. 

16. Safe Harbor. The NPRM seeks 

comment on whether, for purposes of 

TRS Fund contribution calculations, a 

non-interconnected VoIP service 

provider should be permitted to report 

its interstate end-user revenues in FCC 

Form 499–A by using actual revenues, 

using a traffic study, or using the 

interim safe harbor percentage (64.9 

percent). 

17. Billed or Collected Revenues. FCC 

Form 499–A filers are instructed to 

provide information about interstate 

end-user telecommunications revenues 

that are ‘‘billed’’ (or ‘‘earned’’) or 

‘‘uncollectible’’ rather than revenues 

‘‘collected.’’ The NPRM seeks comment 

on whether calculations of TRS Fund 

contributions should be based on each 

contributor’s collected revenues rather 

than billed revenues. 

18. Implementation Deadline. Section 

715 of the Act requires ‘‘[w]ithin one 

year after the date of enactment of the 

CVAA’’ each interconnected VoIP 

service provider and each provider of 

non-interconnected VoIP service to 

participate in and contribute to the TRS 

Fund ‘‘in a manner prescribed by the 

Commission by regulation.’’ The oneyear deadline has already been met with 

regard to interconnected VoIP service 

providers because they have been 

reporting revenues and contributing to 

the TRS Fund annually since 2007. The 

NPRM proposes to require noninterconnected VoIP service providers 

to register and designate a District of 

Columbia agent for service of process by 

September 30, 2011, using the FCC 

Form 499–A in accordance with its 

instructions. It also proposes to require 

all non-interconnected VoIP service 

providers to complete and submit FCC 

Form 499–A by April 1, 2012 to report 

interstate end-user revenues for such 

services for the period from October 1 

through December 31, 2011. Finally, it 

proposes to begin assessing noninterconnected VoIP service providers 

for TRS contributions based on revenues 

reported for the October through 

December 2011 period for the 2012 

through 2013 TRS Fund year (July 1, 

2012 through June 30, 2013). The NPRM 

seeks comments on these proposals. 

Initial Regulatory Flexibility Analysis 

19. The Regulatory Flexibility Act of 

1980, as amended (RFA), requires that 

an initial regulatory flexibility analysis 

be prepared for notice-and-comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The 

Commission has certified that the rules 

proposed in document FCC 11–38, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. 

20. The RFA generally defines the 

term ‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one that: 

(1) Is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

21. In document FCC 11–38, the 

Commission seeks comment on its 

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18494 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

proposal to implement section 103(b) of 

the CVAA, signed into law by President 

Obama on October 8, 2010, that requires 

the Commission to establish rules 

requiring each interconnected VoIP 

service provider and each provider of 

non-interconnected VoIP service to 

participate in and contribute to the 

interstate TRS Fund beginning within 

one year of the enactment of the CVAA. 

22. The TRS Fund compensates 

providers of TRS for their reasonable 

costs of providing the service on an 

interstate basis. Document FCC 11–38 

seeks comment on, and proposes rules, 

to implement section 103(b) of the 

CVAA and to require providers of noninterconnected VoIP service to 

participate in and contribute to the TRS 

Fund in a manner that is consistent with 

and comparable to other contributors. 

Document FCC 11–38 also seeks 

comment on issues relating to the 

possible zero and de minimis 

contributions in connection with the 

provision of free services and the 

administrative costs of providers, 

registration requirements, the 

completion and submission of 

Telecommunications Reporting 

Worksheets (FCC Form 499–A), the 

adoption of an interim safe harbor 

percentage for calculating interstate 

end-user revenues, and the 

implementation deadline. 

23. Specifically, document FCC 11–38 

proposes: to require providers of noninterconnected VoIP service to register 

with the Commission and designate a 

District of Columbia agent for service of 

process for purposes of contributing to 

the TRS Fund; to complete and file FCC 

Form 499–A annually; to permit 

providers of non-interconnected VoIP 

service to determine interstate end-user 

revenues by using actual revenues, a 

traffic study or to utilize a safe harbor; 

and to exempt service providers with no 

end user revenues for the reporting year 

from the $25 minimum contribution 

requirement to the TRS Fund. It also 

seeks comment on whether sources of 

revenue other than interstate end-user 

revenues (e.g., advertising, donations) 

should be considered when a service 

provider has no end-user revenues (i.e., 

when services are provided to the 

public for free) and whether TRS Fund 

contributions should be based on each 

contributor’s collected revenues rather 

than billed revenues. 

24. The Commission proposes to 

require that non-interconnected VoIP 

service providers register and designate 

a District of Columbia agent for service 

of process by filling out blocks 1, 2, and 

6 of the FCC Form 499–A and to 

annually file the completed Form with 

the Commission. This is consistent with 

the Congressional mandate in section 

103(b) of the CVAA to require providers 

of non-interconnected VoIP service to 

participate in and contribute to the TRS 

Fund in a manner that is consistent with 

and comparable to the obligations of 

other contributors to the Fund. Such 

reporting would be for the limited 

purpose of determining required TRS 

Fund contributions and would not 

prejudge issues concerning the 

appropriate regulatory classification of 

VoIP services. It has previously been 

estimated that filling out the FCC Form 

499–A takes 13.5 hours (i.e., less than 

two work days of a single full-time 

employee) annually. Thus, filling out 

the form does not have a significant 

economic impact upon small entities. 

25. Document FCC 11–38 seeks 

comment on how the Commission can 

best ensure that the obligations of VoIP 

service providers that offer some or all 

of their interstate services free to the 

public are consistent with and 

comparable to the obligations of other 

contributors to the TRS Fund. Section 

225(d)(3)(B) of the Act requires the 

Commission to adopt regulations that 

costs caused by interstate 

telecommunications relay service be 

recovered from ‘‘all subscribers’’ for 

every interstate service. Document FCC 

11–38 seeks comment on whether it 

would be necessary or appropriate to 

assess contributions from providers of 

free VoIP services based on revenues 

from sources other than the ‘‘interstate 

end-user revenues of such services,’’ 

such as advertising and donor 

contributions, or whether TRS Fund 

contributions of VoIP providers should 

be based solely on interstate end-user 

revenues, even if that results in a zero 

contribution. Because the typical 

contribution historically has been 

slightly less than 1% of revenues 

annually, this will not have a significant 

economic impact upon small entities. 

26. Additionally, the TRS rules 

currently impose a minimum $25 

contribution on all entities, regardless of 

their reported revenues. Document FCC 

11–38 proposes that if the Commission 

determines that contributions to the 

TRS Fund are to be based solely on 

interstate end-user revenues, VoIP 

providers and other carriers subject to 

TRS Fund contribution requirements 

with a zero contribution calculation 

(i.e., they either did not charge for enduser service or generated some end-user 

revenue but it was offset by 

administrative costs that cancelled out 

the revenue) not be subject to the 

minimum $25 contribution. If this 

proposal is not adopted, alternatively, 

document FCC 11–38 seeks comment on 

whether a VoIP service provider that 

reports no revenue for the reporting year 

should be assessed a ‘‘de minimis’’ 

contribution amount. Even if the 

Commission applies the minimum $25 

annual contribution to the TRS Fund to 

providers with a zero contribution 

calculation, it would not constitute a 

significant economic impact upon small 

entities. 

27. The Commission has previously 

recognized that some interconnected 

VoIP service providers may have 

difficulty complying with the end-user 

revenue reporting requirements because 

they do not have the ability to identify 

whether calls are interstate. As a result, 

the Commission established a safe 

harbor which estimated the percentage 

of interconnected VoIP service revenues 

attributable to interstate calls to be 

64.9%. These VoIP service providers 

may report their interstate end-user 

revenues on the FCC Form 499–A by 

using actual revenues, a traffic study or 

the safe harbor. Document FCC 11–38 

seeks comment on whether the 

Commission should also apply the safe 

harbor to non-interconnected VoIP 

service providers. Because the safe 

harbor is used when it reduces TRS 

Fund contributions, application of it to 

non-interconnected VoIP services will 

not have any significant negative 

economic impact upon small entities. 

28. Document FCC 11–38 also 

requests input on whether to modify the 

FCC Form 499–A to ask filers to provide 

information on ‘‘collected’’ (i.e. earned) 

revenues rather than, as currently, on 

‘‘billed’’ (i.e., potentially uncollectible) 

revenues. This would harmonize the 

basis for TRS Fund contributions with 

those for the Universal Service Fund, 

which bases contributions on 

‘‘collected’’ revenues. Because it would 

relieve providers of basing their 

contribution to the TRS Fund on billed 

revenues, it would reduce TRS Fund 

contributions and therefore would not 

have any significant negative economic 

impact upon small entities. 

29. Finally, the CVAA requires that 

VoIP service providers begin 

participating in, and contributing to, the 

TRS Fund within one year of the date 

of the CVAA’s enactment. This deadline 

has been met with regard to 

interconnected VoIP service providers 

who have been participating in the 

Fund since 2007. To meet the statutory 

deadline, document FCC 11–38 

proposes to require non-interconnected 

VoIP service providers to register by 

September 30, 2011 by completing 

blocks 1, 2 and 6 of the FCC Form 499– 

A, and to complete and submit the Form 

by April 1, 2012, reporting their enduser revenues for the period from 

October 1 through December 31, 2011. 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18495 

This uniform registration deadline is 

mandated by statute and will not have 

a significant adverse economic impact 

upon small entities. 

30. With regard to whether a 

substantial number of small entities 

may be economically impacted by the 

requirements proposed in document 

FCC 11–38, the Commission notes that 

a substantial number of small entities 

will be likely be affected; however, for 

the reasons stated above, the cumulative 

economic impact on such entities will 

be de minimis. Most participating 

entities are likely to meet the definition 

of a small entity as a ‘‘small 

organization.’’ VoIP service providers 

are included in the census business 

category ‘‘All Other 

Telecommunications.’’ This category 

comprises ‘‘establishments primarily 

engaged in providing specialized 

telecommunications services, such as 

satellite tracking, communications 

telemetry, and radar station operation. 

This industry also includes 

establishments primarily engaged in 

providing satellite terminal stations and 

associated facilities connected with one 

or more terrestrial systems and capable 

of transmitting telecommunications to, 

and receiving telecommunications from, 

satellite systems. Establishments 

providing Internet services or VoIP 

services via client-supplied 

telecommunications connections are 

also included in this industry.’’ For this 

category, Census Bureau data for 2007 

show that there were a total of 2,383 

firms that operated for the entire year. 

Of this total, 2,347 firms had annual 

receipts of under $25 million and 12 

firms had annual receipts of $25 million 

to $49,999,999. Consequently, the 

Commission estimates that the majority 

of All Other Telecommunications firms 

are small entities that might be affected 

by our action. 

31. Historically, the contributions to 

the TRS Fund have totaled slightly less 

than 1% of revenues. Moreover, many 

non-interconnected VoIP service 

providers offer their services for free 

and, unless revenue sources other than 

end-user interstate revenues are 

included, will have no annual 

contribution or the de minimis $25 

contribution, depending on the outcome 

of this proceeding. Accordingly, the 

Commission concludes that a zero or 

$25 contribution is a de minimis 

amount. 

32. Therefore, based on the foregoing 

analysis of all foreseeable economic 

impacts, the Commission certifies that 

the proposals in document FCC 11–38, 

if adopted, will not have a significant 

economic impact on a substantial 

number of small entities. 

33. The Commission will send a copy 

of the document FCC 11–38, including 

a copy of this Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the SBA. 

Ordering Clauses 

Pursuant to the authority contained in 

sections 1, 4(i), 4(j), 225, and 715 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 154(j), 

225, and 616, document FCC 11–38 IS 

ADOPTED. The Commission’s 

Consumer and Governmental Affairs 

Bureau, Reference Information Center, 

SHALL SEND a copy of document FCC 

11–38, including the Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects 

47 CFR Part 1 

Communications common carriers, 

Reporting and recordkeeping 

requirements, Telecommunications. 

47 CFR Part 64 

Reporting and recordkeeping 

requirements, Telecommunications, 

Telephone. 

Federal Communications Commission. 

Bulah Wheeler, 

Deputy Manager. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

parts 1 and 64 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. 

2. In § 1.47, revise paragraph (h) to 

read as follows: 

§ 1.47 Service of documents and proof of 

service. 

* * * * * 

(h) Every common carrier and 

interconnected VoIP provider, as 

defined in § 54.5 of this chapter, and 

non-interconnected VoIP provider, as 

defined in § 64.601(a)(15) of this 

chapter, that is subject to the 

Communications Act of 1934, as 

amended, shall designate an agent in the 

District of Columbia, and may designate 

additional agents if it so chooses, upon 

whom service of all notices, process, 

orders, decisions, and requirements of 

the Commission may be made for and 

on behalf of such carrier, interconnected 

VoIP provider, or non-interconnected 

VoIP provider in any proceeding before 

the Commission. Such designation shall 

include, for the carrier, interconnected 

VoIP provider, or non-interconnected 

VoIP provider and its designated agents, 

a name, business address, telephone or 

voicemail number, facsimile number, 

and, if available, Internet e-mail 

address. Such carrier, interconnected 

VoIP provider, or non-interconnected 

VoIP provider shall additionally list any 

other names by which it is known or 

under which it does business, and, if the 

carrier, interconnected VoIP provider, or 

non-interconnected VoIP provider is an 

affiliated company, the parent, holding, 

or management company. Within thirty 

(30) days of the commencement of 

provision of service, such carrier, 

interconnected VoIP provider, or noninterconnected VoIP provider shall file 

such information with the Chief of the 

Enforcement Bureau’s Market Disputes 

Resolution Division. Such carriers, 

interconnected VoIP providers, and 

non-interconnected VoIP providers may 

file a hard copy of the relevant portion 

of the Telecommunications Reporting 

Worksheet, as delineated by the 

Commission in the Federal Register, to 

satisfy this requirement. Each 

Telecommunications Reporting 

Worksheet filed annually by a common 

carrier, interconnected VoIP provider, or 

non-interconnected VoIP provider must 

contain a name, business address, 

telephone or voicemail number, 

facsimile number, and, if available, 

Internet e-mail address for its 

designated agents, regardless of whether 

such information has been revised since 

the previous filing. Carriers, 

interconnected VoIP providers, and 

non-interconnected VoIP providers 

must notify the Commission within one 

week of any changes in their 

designation information by filing 

revised portions of the 

Telecommunications Reporting 

Worksheet with the Chief of the 

Enforcement Bureau’s Market Disputes 

Resolution Division. A paper copy of 

this designation list shall be maintained 

in the Office of the Secretary of the 

Commission. Service of any notice, 

process, orders, decisions or 

requirements of the Commission may be 

made upon such carrier, interconnected 

VoIP provider, or non-interconnected 

VoIP provider by leaving a copy thereof 

with such designated agent at his office 

or usual place of residence. If such 

carrier, interconnected VoIP provider, or 

non-interconnected VoIP provider fails 

to designate such an agent, service of 

any notice or other process in any 

proceeding before the Commission, or of 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

18496 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 

any order, decision, or requirement of 

the Commission, may be made by 

posting such notice, process, order, 

requirement, or decision in the Office of 

the Secretary of the Commission. 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

3. The authority citation for part 64 is 

revised to read as follows: 

Authority: 47 U.S.C. 154, 254(k); secs. 

404(b)(2(B), (c), Pub. L. 104–104, 110 Stat. 56. 

Interpret or apply 47 U.S.C, 201, 218, 222, 

225, 226, 228, 254(k), 616, and 620, unless 

otherwise noted. 

Subpart F—Telecommunications Relay 

Services and Related Customer 

Premises Equipment for Persons With 

Disabilities 

4. The authority citation for subpart F 

is revised to read as follows: 

Authority: 47 U.S.C. 151–154; 225, 255, 

303(r), 616, and 620. 

5. In § 64.601, revise paragraph 

(a)(10), redesignate paragraphs (a)(15) 

through (a)(27) as paragraphs (a)(16) 

through (a)(28), and by adding new 

paragraph (a)(15) to read as follows: 

§ 64.601 Definitions and provisions of 

general applicability. 

(a) * * * 

(10) Interconnected VoIP service. The 

term ‘‘interconnected VoIP service’’ has 

the meaning given such term under § 9.3 

of title 47, Code of Federal Regulations, 

as such section may be amended from 

time to time. 

* * * * * 

(15) Non-interconnected VoIP service. 

The term ‘‘non-interconnected VoIP 

service’’— 

(i) means a service that— 

(A) enables real-time voice 

communications that originate from or 

terminate to the user’s location using 

Internet protocol or any successor 

protocol; and 

(B) requires Internet protocol 

compatible customer premises 

equipment; and 

(ii) does not include any service that 

is an interconnected VoIP service. 

* * * * * 

6. In § 64.604, revise paragraphs 

(c)(5)(iii)(A) and (c)(5)(iii)(B), remove 

paragraph (c)(5)(iii)(D), redesignate 

paragraph (c)(5)(iii)(C) as paragraph 

(c)(5)(iii)(D), and add new paragraph 

(c)(5)(iii)(C) to read as follows: 

§ 64.604 Mandatory minimum standards. 

* * * * * 

(c) * * * 

(5) * * * 

(iii) * * * 

(A) Contributions. Every carrier 

providing interstate telecommunications 

services (including interconnected VoIP 

service providers pursuant to 

§ 64.601(b)) and every provider of noninterconnected VoIP service shall 

contribute to the TRS Fund on the basis 

of interstate end-user 

telecommunications revenues as 

described herein. Contributions shall be 

made by all carriers who provide 

interstate services, including, but not 

limited to, cellular telephone and 

paging, mobile radio, operator services, 

personal communications service (PCS), 

access (including subscriber line 

charges), alternative access and special 

access, packet-switched, WATS, 800, 

900, message telephone service (MTS), 

private line, telex, telegraph, video, 

satellite, intraLATA, international and 

resale services. For purposes of this 

paragraph, telecommunications 

revenues include revenues from noninterconnected VoIP services. 

(B) Contribution computations. 

Contributors’ contributions to the TRS 

fund shall be the product of their 

subject revenues for the prior calendar 

year and a contribution factor 

determined annually by the 

Commission. The contribution factor 

shall be based on the ratio between 

expected TRS Fund expenses to the 

contributors’ revenues subject to 

contribution. In the event that 

contributions exceed TRS payments and 

administrative costs, the contribution 

factor for the following year will be 

adjusted by an appropriate amount, 

taking into consideration projected cost 

and usage changes. In the event that 

contributions are inadequate, the fund 

administrator may request authority 

from the Commission to borrow funds 

commercially, with such debt secured 

by future years’ contributions. Each 

subject contributor that has revenues 

subject to contribution must contribute 

at least $25 per year. Contributors 

whose annual contributions total less 

than $1,200 must pay the entire 

contribution at the beginning of the 

contribution period. Contributors whose 

contributions total $1,200 or more may 

divide their contributions into equal 

monthly payments. Contributors shall 

complete and submit, and contributions 

shall be based on, a 

‘‘Telecommunications Reporting 

Worksheet’’ (as published by the 

Commission in the Federal Register). 

The worksheet shall be certified to by an 

officer of the contributor, and subject to 

verification by the Commission or the 

administrator at the discretion of the 

Commission. Contributors’ statements 

in the worksheet shall be subject to the 

provisions of section 220 of the 

Communications Act of 1934, as 

amended. The fund administrator may 

bill contributors a separate assessment 

for reasonable administrative expenses 

and interest resulting from improper 

filing or overdue contributions. The 

Chief of the Consumer and 

Governmental Affairs Bureau may 

waive, reduce, modify or eliminate 

contributor reporting requirements that 

prove unnecessary and require 

additional reporting requirements that 

the Bureau deems necessary to the 

sound and efficient administration of 

the TRS Fund. 

(C) Registration Requirements for 

Providers of Non-Interconnected VoIP 

Service. 

(1). Applicability. A noninterconnected VoIP service provider 

that will provide interstate service shall 

file the registration information 

described in paragraph (c)(5)(iii)(C)(2) of 

this section in accordance with the 

procedures described in paragraphs 

(c)(5)(iii)(C)(3) and (c)(5)(iii)(C)(4) of this 

section. Any non-interconnected VoIP 

service provider already providing 

interstate service on the effective date of 

these rules shall submit the relevant 

portion of its FCC Form 499–A in 

accordance with paragraphs 

(c)(5)(iii)(C)(2) and (c)(5)(iii)(C)(3) of this 

section. 

(2). Information required for purposes 

of TRS Fund contributions. A noninterconnected VoIP service provider 

that is subject to the registration 

requirement pursuant to paragraph 

(c)(5)(iii)(C)(1) of this section shall 

provide the following information: 

(i) The provider’s business name(s) 

and primary address; 

(ii) The names and business addresses 

of the provider’s chief executive officer, 

chairman, and president, or, in the 

event that a provider does not have such 

executives, three similarly senior-level 

officials of the provider; 

(iii) The provider’s regulatory contact 

and/or designated agent; 

(iv) All names that the provider has 

used in the past; and 

(v) The state(s) in which the provider 

provides such service. 

(3). Submission of registration. A 

provider that is subject to the 

registration requirement pursuant to 

paragraph (c)(5)(iii)(C)(1) of this section 

shall submit the information described 

in paragraph (c)(5)(iii)(C)(2) of this 

section in accordance with the 

Instructions to FCC Form 499–A. FCC 

Form 499–A must be submitted under 

oath and penalty of perjury. 

(4). Changes in information. A 

provider must notify the Commission of 

any changes to the information provided 

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules 18497 

pursuant to paragraph (c)(5)(iii)(C)(2) of 

this section within no more than one 

week of the change. Providers may 

satisfy this requirement by filing the 

relevant portion of FCC Form 499–A in 

accordance with the Instructions to such 

form. 

* * * * * 

[FR Doc. 2011–7798 Filed 4–1–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 11–54, RM–11624; DA 11– 

499] 

Television Broadcasting Services; 

Augusta, GA 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Southern Media Holdings, Inc. (‘‘SMH’’), 

the licensee of station WFXG, Augusta, 

Georgia, requesting the substitution of 

channel 51 for channel 31 at Augusta. 

SMH seeks this channel substitution as 

it cannot obtain the credit necessary to 

construct the channel 31 facility and 

states that the money required to 

construct the channel 31 facility will 

instead be used to serve other aspects of 

the public interest. 

DATES: Comments must be filed on or 

before May 4, 2011, and reply comments 

on or before May 19, 2011. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Harry C. Martin, Esq., Fletcher, Heald & 

Hildreth, PLC, 1300 N. 17th Street, 11th 

Floor, Arlington, VA 22209. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, 

joyce.bernstein@fcc.gov, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

11–54, adopted March 15, 2011, and 

released March 16, 2011. The full text 

of this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 

104–13. In addition, therefore, it does 

not contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts (other than 

ex parte presentations exempt under 47 

CFR 1.1204(a)) are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1208 for rules governing 

restricted proceedings. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

Proposed Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Georgia, is amended by adding 

channel 51 and removing channel 31 at 

Augusta. 

[FR Doc. 2011–7787 Filed 4–1–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 31, 32, 45, 49, 52, and 

53 

[FAR Case 2010–009; Docket 2010–0009; 

Sequence 1] 

RIN 9000–AL95 

Federal Acquisition Regulation; 

Government Property 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to clarify 

reporting, reutilization, and disposal of 

Government property and the contractor 

requirements under the Government 

property clause. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before June 3, 2011. 

to be considered in the formation of the 

final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2010–009 by any 

of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2010–009’’ under 

the heading ‘‘Enter Keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘FAR Case 2010–009.’’ Follow the 

instructions provided at the ‘‘Submit a 

Comment’’ screen. Please include your 

name, company name (if any), and ‘‘FAR 

Case 2010–009’’ on your attached 

document. 

• Fax: (202) 501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1275 

First Street, NE., 7th Floor, Washington, 

DC 20417. 

Instructions: Please submit comments 

only and cite FAR Case 2010–009, in all 

correspondence related to this case. All 

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