38016 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and To Whom Do I Submit 

Comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the http://www.regulations.gov 

Web site to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: July 23, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–18197 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collections Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

July 27, 2009. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burdens, 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection, as 

required by the Paperwork Reduction 

Act of 1995 (PRA), Public Law No. 104– 

13. An agency may not conduct or 

sponsor a collection of information 

unless it displays a currently valid 

control number. Pursuant to the PRA, 

no person shall be subject to any 

penalty for failing to comply with a 

collection of information that does not 

display a valid control number. 

Comments are requested concerning (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 estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (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. 

DATES: Written PRA comments should 

be submitted on or before September 28, 

2009. If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Interested parties may 

submit all PRA comments by e-mail or 

U.S. post mail. To submit your 

comments by e-mail, send them to 

PRA@fcc.gov and/or 

Cathy.Williams@fcc.gov. To submit your 

comments by U.S. mail, mark them to 

the attention of: Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street, SW., Washington, 

DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918 or send an 

e-mail to PRA@fcc.gov and/or 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: OMB 

Control Number: 3060–1089. 

Title: Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and 

Speech Disabilities; E911 Requirements 

for IP-Enabled Service Providers, CG 

Docket No. 03–123 and WC Docket No. 

05–196, FCC 08–151 and FCC 08–275. 

Form Number: Not Applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Individuals or 

households; Not-for-profit institutions; 

State, local or tribal government. 

Number of Respondents and 

Responses: 12 respondents; 5,608,692 

responses. 

Estimated Time per Response: 3 

minutes (.05 hours) to 1 hour. 

Frequency of Response: One-time, 

quarterly and on occasion reporting 

requirements; Recordkeeping 

requirement; Third party disclosure 

requirement. 

Total Annual Burden: 206,061. 

Total Annual Cost: $4,251,635. 

Obligation To Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in sections 1, 2, 4(i), (4)(j), 

225, 251, and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

154(j), 225, 251, and 303(r). 

Nature and Extent of Confidentiality: 

An assurance of confidentiality is not 

offered because the Commission has no 

direct involvement in the collection of 

personally identifiable information (PII) 

from individuals and/or households. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On November 30, 

2005, the Commission released 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities; Access to Emergency 

Services, Notice of Proposed 

Rulemaking (VRS/IP Relay 911 NPRM), 

CG Docket No. 03–123, FCC 05–196, 

published at 71 FR 5221 (February 1, 

2006), which addressed the issue of 

access to emergency services for 

Internet-based forms of 

Telecommunications Relay Services 

(TRS), namely Video Relay Service 

(VRS) and Internet Protocol (IP) Relay. 

The Commission sought to adopt means 

to ensure that such calls promptly reach 

the appropriate emergency service 

provider. 

On May 8, 2006, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities; Misuse of IP Relay Service 

and Video Relay Service, Further Notice 

of Proposed Rulemaking (IP Relay/VRS 


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Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38017 

Misuse FNPRM), CG Docket No. 03–123, 

FCC 06–58, published at 71 FR 31131 

(June 1, 2006), which sought further 

comment on whether IP Relay and VRS 

providers should be required to 

implement user registration systems and 

what information users should provide, 

as a means of curbing illegitimate IP 

Relay and VRS calls. 

On May 9, 2006, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities, Declaratory Ruling and 

Further Notice of Proposed Rulemaking 

(Interoperability Declaratory Ruling and 

FNPRM), CG Docket No. 03–123, FCC 

06–57, published at 71 FR 30818 and 71 

FR 30848 (May 31, 2006). In the 

Interoperability Declaratory Ruling and 

FNPRM, the Commission sought 

comment on the feasibility of 

establishing a single, open, and global 

database of proxy numbers for VRS 

users that would be available to all 

service providers, so that a hearing 

person can call a VRS user through any 

VRS provider, without having first to 

ascertain the VRS user’s current IP 

address. 

On June 24, 2008, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities; E911 Requirements for IPEnabled Service Providers, Report and 

Order and Further Notice of Proposed 

Rulemaking (First Numbering Order), 

CG Docket No. 03–123 and WC Docket 

No. 05–196, FCC 08–151, addressing the 

issues raised in these notices. The First 

Numbering Order establishes a reliable 

and consistent means by which others 

(including emergency personnel) can 

identify or reach VRS and IP Relay users 

by, among other things, integrating VRS 

and IP Relay users into the ten-digit, 

North American Numbering Plan 

(NANP) numbering system. 

To complete a telephone call to an 

Internet-based TRS user, a provider 

must have some method of logically 

associating the telephone number dialed 

by the caller to the Internet-based TRS 

user’s device. The method adopted by 

the Commission, known as the TRS 

Numbering Directory, is a central 

database that maps each user’s 

telephone number to routing 

information needed to find that user’s 

device on the Internet. The First 

Numbering Order requires VRS and IP 

Relay providers to collect and maintain 

the routing information from their 

registered users and to provision that 

information to the TRS Numbering 

Directory so that this mapping can 

occur. 

In addition, to establish a reliable 

means for VRS and IP Relay providers 

to automatically know the physical 

location of their users, the First 

Numbering Order requires VRS and IP 

Relay providers to collect and maintain 

the Registered Location of their 

registered users. And to ensure that 

emergency personnel can retrieve a 

user’s Registered Location (along with 

the provider’s name and the 

identification number of the 

Communications Assistant for call back 

purposes), the First Numbering Order 

requires VRS and IP Relay providers to 

make that information available from or 

through the appropriate automatic 

location information (ALI) database. 

To ensure that VRS and IP Relay users 

are aware of their providers’ numbering 

and E911 service obligations and to 

inform those users of their providers’ 

E911 capabilities, the First Numbering 

Order requires each VRS and IP Relay 

provider to post an advisory on its Web 

site, and in any promotional materials 

directed to consumers, addressing 

numbering and E911 services for VRS or 

IP Relay. Providers also must obtain and 

keep a record of affirmative 

acknowledgement from each of their 

registered users of having received and 

understood the user notification. 

On December 19, 2008, the 

Commission released the 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities; E911 Requirements for IPEnabled Service Providers, Second 

Report and Order and Order on 

Reconsideration (Second Numbering 

Order), CG Docket No. 03–123 and WC 

Docket No. 05–196, FCC 08–275, further 

addressing the duties of VRS and IP 

Relay providers to supply numbering 

and E911 capabilities to their users, as 

established in the First Numbering 

Order. 

The Second Numbering Order revises 

the ‘‘User Notification’’ information 

collection requirement adopted in the 

First Numbering Order. Specifically, 

VRS and IP Relay consumer advisories 

must explain that: (1) The consumer 

may obtain a telephone number from, 

and register with, his or her provider of 

choice; (2) the consumer may change 

default providers while retaining the 

same telephone number by porting that 

number to the new default provider; (3) 

the consumer may make calls through, 

and receive calls from, any provider; 

and (4) the provider cannot condition 

the ongoing use or possession of 

equipment, or the receipt of different or 

upgraded equipment, on the consumer 

continuing to use the provider as his or 

her default provider. 

The Second Numbering Order also 

adds five new information collection 

requirements to those adopted in the 

First Numbering Order. First, once a 

VRS or IP Relay user with a ‘‘proxy’’ or 

‘‘alias’’ number obtains a NANP 

telephone number, the VRS or IP Relay 

provider must provide a message 

notifying callers of the user’s new 

NANP telephone number and advising 

callers that, after November 12, 2009, 

the user may only be reached by the 

NANP telephone number. (Although the 

permissive dialing period was 

scheduled to end on June 30, 2009, the 

Consumer and Governmental Affairs 

Bureau later extended this deadline 

until after November 12, 2009.) This 

notification requirement is intended to 

smooth the transition of VRS and IP 

Relay users to NANP telephone 

numbers by ensuring that a VRS or IP 

Relay user can be reached by a calling 

party who may not yet know the user’s 

new number. 

Second, VRS and IP Relay providers 

must verify whether a user who places 

a call through a provider is registered 

with another provider in order to 

distinguish a new user who has not yet 

registered from an existing user who is 

dialing around the default provider with 

which he or she is registered. A VRS or 

IP Relay provider may do this by 

requesting a user’s ten-digit NANP 

number and querying the Numbering 

Directory using that number. 

Third, VRS and IP Relay providers 

must institute procedures to verify the 

accuracy of registration information, 

including the consumer’s name and 

mailing address, and include a self 

certification component requiring 

consumers to verify that they have a 

medically recognized hearing or speech 

disability necessitating their use of TRS. 

These measures will be used by VRS 

and IP Relay providers to ensure that 

their services are not used for fraudulent 

or other purposes not authorized by the 

statute or by the Commission’s rules. 

Fourth, any VRS or IP Relay provider 

wishing to pass through numberingrelated costs to its users must obtain 

Commission approval to do so. This 

requirement will be used by the 

Consumer and Governmental Affairs 

Bureau, acting on delegated authority, to 

ensure that only customer-specific, 

actually incurred costs are passed on to 

VRS and IP Relay users. 

Finally, each VRS provider that 

provisions equipment to a consumer 

must make available to the consumer’s 

newly selected default provider certain 

information about that equipment that 

will be used by the new default provider 

to perform the functions required of a 

default provider, including enabling 


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38018 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

point-to-point (non-relay) 

communications between VRS users, 

when a user switches providers but 

wishes to use equipment supplied by 

another default provider. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–18260 Filed 7–29–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[AU Docket No. 09–56; DA 09–1376] 

Auction of Broadband Radio Service 

(BRS) Licenses Scheduled for October 

27, 2009; Notice and Filing 

Requirements, Minimum Opening Bids, 

Upfront Payments, and Other 

Procedures for Auction 86 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document announces the 

procedures and minimum opening bids 

for the upcoming auction of Broadband 

Radio Service Licenses (Auction 86). 

This document is intended to 

familiarize prospective bidders with the 

procedures and minimum opening bids 

for the auction. 

DATES: Applications to participate in 

Auction 86 must be filed prior to 6:00 

p.m. Eastern Time (ET) on August 18, 

2009. Bidding for licenses in Auction 86 

is scheduled to begin on October 27, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auctions and Spectrum Access Division: 

For legal questions: Sayuri Rajapakse at 

(202) 418–0660. For general auction 

questions: Debbie Smith or Linda 

Sanderson at (717) 338–2868. 

Broadband Division: For licensing 

information and service rule questions: 

Nancy Zaczek (legal) or Stephen Zak 

(technical) at 202–418–2487. To request 

materials in accessible formats (Braille, 

large print, electronic files or audio 

format) for people with disabilities, 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530 or (202) 418– 

0432 (TTY). 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 86 Procedures 

Public Notice, which was released on 

June 26, 2009. The complete text of the 

Auction 86 Procedures Public Notice, 

including attachments, as well as 

related Commission documents, are 

available for public inspection and 

copying from 8 a.m. to 4:30 p.m. ET 

Monday through Thursday and from 8 

a.m. to 11:30 a.m. ET on Fridays in the 

FCC Reference Information Center, 445 

12th Street, SW., Room CY–A257, 

Washington, DC 20554. The Auction 86 

Procedures Public Notice and related 

Commission documents may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCPI), Portals II, 445 12th 

Street, SW, Room CY–B402, 

Washington, DC, 20554, telephone 202– 

488–5300, facsimile 202–488–5563, or 

Web site: http://www.BCPIWEB.com, 

using document number DA 09–1376 

for the Auction 86 Procedures Public 

Notice. The Auction 86 Procedures 

Public Notice and related documents are 

also available on the Internet at the 

Commission’s Web site: http:// 

wireless.fcc.gov/auctions/86/. 

I. General Information 

A. Introduction 

1. The Wireless Telecommunications 

Bureau (Bureau) announces the 

procedures and minimum opening bid 

amounts for the upcoming auction of 

licenses for unassigned Broadband 

Radio Service (BR) spectrum. This 

auction, which is designated as Auction 

86, is scheduled to commence on 

October 27, 2009. Auction 86 will offer 

78 licenses. On April 24, 2009 the 

Bureau released a public notice seeking 

comment on competitive bidding 

procedures to be used in Auction 86. 

Interested parties submitted 7 comments 

and 4 reply comments in response to the 

Auction 86 Comment Public Notice 74 

FR 22166, May 12, 2009. 

i. Licenses To Be Offered in Auction 86 

2. The licenses to be offered in 

Auction 86 consist of the available 

spectrum in 78 BRS service areas. BRS 

service areas are BTAs or additional 

service areas similar to BTAs adopted 

by the Commission. In the BRS/EBS 4th 

MO&O, the Commission amended its 

rules to establish Gulf of Mexico service 

areas for BRS, and Auction 86 therefore 

includes licenses for three BRS service 

areas in the Gulf of Mexico. A complete 

list of licenses available for Auction 86 

is included as Attachment A of the 

Auction 86 Procedures Public Notice. 

3. Two commenters sought the 

removal of certain licenses from the 

Auction 86 inventory: SarasotaBradenton, Florida, BTA 408; 

Burlington, Vermont, BTA 063; and 

Rutland-Bennington, Vermont, BTA 

388. The Bureau does not believe that 

the public interest would be served by 

the removal of the licenses from the 

auction. Therefore the Bureau declines 

to remove these three licenses from the 

Auction 86 inventory. 

B. License Descriptions 

4. Where unencumbered, the licenses 

to be auctioned consist of 76.5 

megahertz of spectrum at 2496–2502, 

2602–2615, and 2616–2673.5 MHz. We 

note that the licenses issued pursuant to 

this auction will be issued pursuant to 

the post-transition band plan contained 

in Section 27.5(i)(2) of the 

Commission’s rules. A table showing 

the channelization of this spectrum is 

included as Attachment B of the 

Auction 86 Procedures Public Notice. 

C. Rules and Disclaimers 

i. Relevant Authority 

5. Prospective applicants must 

familiarize themselves thoroughly with 

the Commission’s general competitive 

bidding as well as decisions in 

proceedings regarding competitive 

bidding procedures, application 

requirements, and obligations of 

Commission licensees. 

6. Commenters sought a revision of 

the performance requirement set forth in 

the BRS service rules. 47 CFR 27.14(o) 

provides that a BRS licensee must 

demonstrate substantial service in its 

service area no later than May 1, 2011. 

Other commenters oppose the proposal, 

contending that it would not be in the 

public interest. The requests to change 

the BRS service rules are beyond the 

scope of the public notice regarding the 

procedures for Auction 86. Any such 

rule change would require action by the 

full Commission. Absent such action, 

new licensees will be subject to the 

requirements set forth in the current 

rules. 

ii. Prohibition of Collusion; Compliance 

With Antitrust Laws 

7. To ensure the competitiveness of 

the auction process, 47 CFR 1.2105(c) of 

the Commission’s rules prohibits 

auction applicants for licenses in any of 

the same geographic license areas from 

communicating with each other about 

bids, bidding strategies, or settlements 

unless such applicants have identified 

each other on their short-form 

applications (FCC Form 175) as parties 

with whom they have entered into 

agreements pursuant to 47 CFR 

1.2105(a)(2)(viii). 

a. Entities Subject to Section 1.2105 

8. The anti-collusion rule will apply 

to any applicants that submit short-form 

applications seeking to participate in a 

Commission auction and select licenses 

in the same markets. In Auction 86, the 

rule would prohibit any applicants that 

have selected any of the same licenses 


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