Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices 51975 

as noted in the County’s May 27, 2011 

request and additional follow up 

documentation. This supplementary 

information constitutes the detailed 

written justification required by Section 

1605(c) for waivers based on a finding 

under subsection (b). 

Authority: Pub. L. 111–5, section 1605. 

Dated: August 9, 2011. 

Dennis J. McLerran, 

Regional Administrator, EPA, Region 10. 

[FR Doc. 2011–21230 Filed 8–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Privacy Act System of Records 

AGENCY: Federal Communications 

Commission (FCC, Commission, or the 

Agency) 

ACTION: Notice; one new Privacy Act 

system of records; two deleted systems 

of records. 

SUMMARY: Pursuant to subsection (e)(4) 

of the Privacy Act of 1974, as amended 

(‘‘Privacy Act’’), 5 U.S.C. 552a, the FCC 

proposes to add one new, consolidated 

system of records, FCC/OMD–28, ‘‘Time 

and Attendance Records.’’ FCC/OMD– 

28, ‘‘Time and Attendance Records’’ 

will incorporate the information, i.e., 

personally identifiable information (PII), 

presently covered by FCC/OMD–14, 

‘‘Pay and Leave Records,’’ and FCC/ 

OMD–21, ‘‘Garnishment and Levy of 

Wages,’’ and also add new and/or 

updated information that pertains to the 

responsibilities of the FCC’s Human 

Resources Management (the Agency) 

division of the Office of Managing 

Director (OMD). Upon approval of FCC/ 

OMD–30, the Commission will cancel 

FCC/OMD–14 and FCC/OMD–21. The 

purposes for adding this new system of 

records, FCC/OMD–28, ‘‘Time and 

Attendance Records,’’ are for the 

Agency to use the records in this system 

primarily to prepare time and 

attendance records and to certify hours 

worked/leave earned and leave taken 

and to administer the FCC’s time and 

attendance/payroll program. These 

records may also be used to validate and 

verify hours worked/leave taken/credit 

hours claimed and to ensure appropriate 

recordkeeping as well as appropriate 

expenditure of Federal funds. The new 

system of records will consolidate FCC/ 

OMD–14 and FCC/OMD–21 that the 

Agency currently uses so that all the 

personally identifiable information (PII) 

in the two information systems are now 

housed in a single Agency system of 

records. 

DATES: In accordance with subsections 

(e)(4) and (e)(11) of the Privacy Act, any 

interested person may submit written 

comments concerning the alteration of 

this system of records on or before 

September 19, 2011. The Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget (OMB), which has oversight 

responsibility under the Privacy Act to 

review the system of records, and 

Congress may submit comments on or 

before September 28, 2011. The 

proposed new system of records will 

become effective on September 28, 2011 

unless the FCC receives comments that 

require a contrary determination. The 

Commission will publish a document in 

the Federal Register notifying the 

public if any changes are necessary. As 

required by 5 U.S.C. 552a(r) of the 

Privacy Act, the FCC is submitting 

reports on this proposed new system to 

OMB and Congress. 

ADDRESSES: Address comments to Leslie 

F. Smith, Privacy Analyst, Performance 

Evaluation and Records Management 

(PERM), Room 1–C216, Federal 

Communications Commission (FCC), 

445 12th Street, SW., Washington, DC 

20554, (202) 418–0217, or via the 

Internet at Leslie.Smith@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Leslie F. Smith, Performance 

Evaluation and Records Management 

(PERM), Room 1–C216, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554, 

(202) 418–0217 or via the Internet at 

Leslie.Smith@fcc.gov. 

SUPPLEMENTARY INFORMATION: As 

required by the Privacy Act of 1974, as 

amended, 5 U.S.C. 552a(e)(4) and 

(e)(11), this document sets forth notice 

of this proposed new system of records 

maintained by the FCC. The FCC 

previously gave complete notice of the 

two systems of records, FCC/OMD–14, 

‘‘Pay and Leave’’ and FCC/OMD–21, 

‘‘Garnishment and Levy of Wages,’’ 

which the Commission intends to 

cancel upon both the approval and 

deployment of FCC/OMD–28, ‘‘Time 

and Attendance Records,’’ as referenced 

under this Notice by publication in the 

Federal Register on April 5, 2006 (71 FR 

17234, 17257 and 17266 respectively). 

This notice is a summary of the more 

detailed information about the proposed 

new system of records, which may be 

viewed at the location given above in 

the ADDRESSES section. The purposes for 

adding this new system of records, FCC/ 

OMD–28, ‘‘Time and Attendance 

Records,’’ are for the Agency to use the 

records in this system of records 

primarily to prepare time and 

attendance records and to certify hours 

worked/leave earned and leave taken 

and to administer the FCC’s time and 

attendance/payroll program. These 

records may also be used to validate and 

verify hours worked/leave taken/credit 

hours claimed and to ensure appropriate 

recordkeeping as well as appropriate 

expenditure of Federal funds. The new 

system of records will consolidate FCC/ 

OMD–14 and FCC/OMD–21 that the 

Agency currently uses so that all the PII 

data in the two information systems are 

now housed in a single Agency system 

of records. 

This notice meets the requirement 

documenting the change to the systems 

of records that the FCC maintains, and 

provides the public, OMB, and Congress 

with an opportunity to comment. 

FCC/OMD–14 

SYSTEM NAME: 

Time and Attendance Records. 

SECURITY CLASSIFICATION: 

The FCC’s Security Operations Center 

(SOC) has not assigned a security 

classification to this system of records. 

SYSTEM LOCATION: 

Human Resources Management 

(HRM), Office of Managing Director 

(OMD), Federal Communications 

Commission (FCC), 445 12th Street, 

SW., Washington, DC 20554. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The categories of individuals in this 

system consist of current and former 

employees of the Federal 

Communications Commission (FCC). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The categories of records in this 

system are used: 

1. To administer the pay, leave, and 

garnishment requirements for FCC 

employees: FCC employee’s name, work 

and home addresses, Social Security 

Number (SSN), bureau/office, 

timekeeper number, salary, pay plan, 

number of hours worked, leave accrual 

rate, usage, and balances, and associated 

supporting documentation such as 

Request for Leave, Credit Hours earned, 

Compensatory and Overtime hours 

requested and earned, time off awards 

credited, leave transfer requests, leave 

donor forms, medical documentation to 

support advance of sick leave and leave 

transfer, tax, payroll allotment, and 

direct deposit forms, etc; and 

2. To administer garnishment and 

levy orders: Orders served upon the FCC 

for implementation, correspondence, 

and memorandum issued by a court of 

competent jurisdiction or by another 

government entity authorized to issue 


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such an order for a FCC employee 

subject thereto. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

1. To administer the pay and leave, 

and garnishment records: 5 U.S.C. 5501 

et seq., 5525 et seq., 5701 et seq. and 

6301 et seq.; 28 U.S.C. 66a; 44 U.S.C. 

2801 and 2802; 5 U.S.C. 6328–6340; 

Federal Employees Leave Sharing Act of 

1988 and Amendments of 1993 (Pub. L. 

103–103 and Pub. L. 100–566); 

Executive Order 9397, November 22, 

1943; Pub. L. 100–202, Pub. L. 100–440, 

Pub. L. 101–509, and Personal 

Responsibility and Work Opportunity 

Reconciliation Act of 1996 (Pub. L. 104– 

193); and 

2. To administer the garnishment and 

levy orders: 5 U.S.C. 5520a; 10 U.S.C. 

1408; and 42 U.S.C. 659. 

PURPOSE(S): 

The Human Resources Management 

(HRM) uses the records in this system 

to: 

1. Authorize payroll deductions, 

including but not limited to allotments, 

charitable contributions, and union 

dues; 

2. Collect indebtedness, including but 

not limited to overpayment of salary 

and unpaid Internal Revenue Service 

(IRS) taxes and/or state taxes, etc.; 

3. Pay income tax obligations, 

including but not limited to the Internal 

Revenue Service (IRS) and states’ 

revenue departments; 

4. Authorize the U.S. Department of 

the Agriculture’s (USDA) National 

Finance Center (NFC) to issue salary 

checks; 

5. Report gross wages and 

compensation information, including 

but not limited to unemployment 

compensation; 

6. Pay any uncollected compensation, 

including but not limited to lump-sum 

payments of leave upon an employee’s 

separation, such as retirement and 

resignation, or due to the beneficiaries 

of a deceased employee; 

7. Determine leave balances, 

including but not limited to accrued and 

used leave, sick leave, eligibility for 

and/or authorize donations for the leave 

transfer program, and other types of 

leave categories; 

8. Produce summary descriptive 

statistics and analytical studies in 

support of the FCC’s Human Resource 

Management (HRM) functions; 

9. Respond to general requests for 

statistical information (without 

disclosing any personally identifiable 

information (PII)) under the Freedom of 

Information Act (FOIA); 

10. Locate specific individuals for 

Human Resource Management (HRM) 

functions; and 

11. Direct the FCC’s implementation 

of garnishment and levy orders served 

upon the Commission for 

implementation, correspondence, and 

memorandum, issued by a court of 

competent jurisdiction or by another 

government entity authorized to issue 

such an order for a Commission 

employee subject thereto. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Information about individuals in this 

system of records may routinely be 

disclosed under the following 

conditions: 

1. Compliance with Welfare Reform 

Requirements—Names, Social Security 

Numbers, home addresses, dates of 

birth, dates of hire, quarterly earnings, 

employer identifying information, and 

state of hire of employees may be 

disclosed to the Office of Child Support 

Enforcement, Administration for 

Children and Families, Department of 

Health and Human Services for the 

purposes of locating individuals to 

establish paternity, establishing and 

modifying orders of child support, 

identifying sources of income, and for 

other child support enforcement actions 

as required by the Personal 

Responsibility and Work Opportunity 

Reconciliation Act; 

2. Adjudication and Litigation— 

Where by careful review, the agency 

determines that the records are both 

relevant and necessary to litigation and 

the use of such records is deemed by the 

agency to be for a purpose that is 

compatible with the purpose for which 

the agency collected the records, these 

records may be used by a court or 

adjudicative body in a proceeding 

when: (a) the agency or any component 

thereof; or (b) any employee of the 

agency in his or her official capacity; or 

(c) any employee of the agency in his or 

her individual capacity where the 

agency has agreed to represent the 

employee; or (d) the United States 

Government is a party to litigation or 

has an interest in such litigation; 

3. Law enforcement and 

Investigation—Where there is an 

indication of a violation or potential 

violation of a statute, regulation, rule, or 

order, records from this system may be 

shared with appropriate Federal, State, 

or local authorities either for purposes 

of obtaining additional information 

relevant to a FCC decision or for 

referring the record for investigation, 

enforcement, or prosecution by another 

agency; 

4. Congressional Inquiries—When 

requested by a Congressional office in 

response to an inquiry by an individual 

made to the Congressional office for the 

individual’s own records; 

5. Government-wide Program 

Management and Oversight—When 

requested by the National Archives and 

Records Administration (NARA) for the 

purpose of records management 

inspections conducted under authority 

of 44 U.S.C. 2904 and 2906; when the 

U.S. Department of Justice (DOJ) is 

contacted in order to obtain that 

department’s advice regarding 

disclosure obligations under the 

Freedom of Information Act; or when 

the Office of Management and Budget 

(OMB) is contacted in order to obtain 

that office’s advice regarding obligations 

under the Privacy Act; 

6. Employment, Clearances, 

Licensing, Contract, Grant, or other 

Benefits Decisions by the Agency— 

Disclosure may be made to a Federal, 

State, local, foreign, tribal, or other 

public agency maintaining civil, 

criminal, or other relevant enforcement 

records, or other pertinent records, or to 

another public authority or professional 

organization, if necessary to obtain 

information relevant to an investigation 

concerning the retention of an employee 

or other personnel action (other than 

hiring), the retention of a security 

clearance, the letting of a contract, or 

the issuance or retention of a grant or 

other benefit; 

7. Employment, Clearances, 

Licensing, Contract, Grant, or other 

Benefits Decisions by Other than the 

Agency—Disclosure may be made to a 

Federal, State, local, foreign, tribal, or 

other public authority of the fact that 

this system of records contains 

information relevant to the retention of 

an employee, the retention of a security 

clearance, the letting of a contract, or 

the issuance or retention of a license, 

grant, or other benefit. The other agency 

or licensing organization may then make 

a request supported by the written 

consent of the individual for the entire 

records if it so chooses. No disclosure 

will be made unless the information has 

been determined to be sufficiently 

reliable to support a referral to another 

office within the agency or to another 

Federal agency for criminal, civil, 

administrative, personnel, or regulatory 

action; 

8. Labor Relations—A record from 

this system may be disclosed to officials 

of labor organizations recognized under 

5 U.S.C. Chapter 71 upon receipt of a 

formal request and in accord with the 

conditions of 5 U.S.C. 7114 when 

relevant and necessary to their duties of 

exclusive representation concerning 

personnel policies, practices, and 

matters affecting working conditions; 


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9. Financial Obligations under the 

Debt Collection Act—A record from this 

system may be disclosed to other 

Federal agencies for the purpose of 

collecting and reporting on delinquent 

debts as authorized by the Debt 

Collection Act of 1982 or the Debt 

Collection Improvement Act of 1996. A 

record from this system may be 

disclosed to any Federal, state, or local 

agency to conduct an authorized 

computer matching program in 

compliance with the Privacy Act of 

1974, as amended, to identify and locate 

individuals who are delinquent in their 

repayment of certain debts owed to the 

U.S. Government. A record from this 

system may be used to prepare 

information on items considered income 

for taxation purposes to be disclosed to 

Federal, State, and local governments; 

10. Financial Obligations Required by 

the National Finance Center et al.— 

When the National Finance Center (the 

FCC’s designated payroll office), the 

Department of the Treasury Debt 

Management Services, and/or a current 

employer to effect a salary, IRS and/or 

state tax refund(s), or administrative 

offset to satisfy an indebtedness; and to 

Federal agencies to identify and locate 

former employees for the purposes of 

collecting such indebtedness, including 

through administrative, salary, or tax 

refund offsets. Identifying and locating 

former employees, and the subsequent 

referral to such agencies for offset 

purposes, may be accomplished through 

authorized computer matching 

programs. Disclosures will be made only 

when all procedural steps established 

by the Debt Collection Act of 1982, as 

amended by the Debt Collection 

Improvement Act of 1996 or the 

Computer Matching and Privacy 

Protection Act of 1988 as appropriate, 

have been taken; 

11. Breach Notification—A record 

from this system may be disclosed to 

appropriate agencies, entities, and 

persons when (1) the Commission 

suspects or has confirmed that the 

security or confidentiality of 

information in the system of records has 

been compromised; (2) the Commission 

has determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Commission or another agency or entity) 

that rely upon the compromised 

information; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the Commission’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm; and 

12. Pay and Leave Disclosures—A 

record from this system may be 

disclosed to any source from which 

additional information is requested 

relevant to an FCC determination 

concerning an individual’s pay or leave 

to the extent necessary to identify the 

individual, inform the source of the 

purpose(s) of the requests, and to 

identify the type of information 

requested. 

In each of these cases, the FCC will 

determine whether disclosure of the 

records is compatible with the purpose 

for which the records were collected. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Disclosures may be made from this 

system to consumer reporting agencies 

as defined in the Fair Credit Reporting 

Act, 15 U.S.C. 1681a(f), or the Federal 

Claims Collection Act of 1966, 28 U.S.C. 

3701(a)(3). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information includes paper 

document, records, and files that are 

stored in file cabinets, and electronic 

records, files and data that are stored on 

the FCC’s network computer database. 

RETRIEVABILITY: 

Records are indexed by the FCC’s 

employee’s name. 

SAFEGUARDS: 

The paper documents, files, and 

records, which are stored in file cabinets 

in the HRM office suite, are locked 

when not in use and/or at the end of the 

business day. These file cabinets are 

accessible only via card-coded security 

doors. Access is restricted to authorized 

HRM supervisors, staff, and contractors. 

The electronic records, files, and data 

are housed in the FCC’s computer 

network databases. Access to the 

electronic files is restricted to 

authorized HRM supervisors, staff, and 

contractors. Authorized staff and 

contractors in the FCC’s Information 

Technology Center (ITC), who manage 

the FCC’s computer network databases, 

also have access to the electronic files. 

Other FCC employees and contractors 

may be granted access on a ‘‘need-toknow’’ basis. The FCC’s computer 

network databases are protected by the 

FCC’s security protocols, which include 

controlled access, passwords, and other 

security features. The electronic 

information is backed-up routinely. 

Back-up tapes are stored on-site and at 

a secured, off-site location. 

RETENTION AND DISPOSAL: 

1. For Pay and Leave Records—The 

FCC maintains and disposes of these 

records in accordance with General 

Records Schedule 2 (GRS 2) issued by 

the National Archives and Records 

Administration (NARA). Under the GRS 

2, records are retained for various 

periods. Generally, the records are kept 

from 3 to 56 years, depending on the 

type of record involved. 

2. For Garnishment and Levy of 

Wages Records—The FCC retains these 

records until the expiration of the 

garnishment or levy order or until the 

employee leaves the Commission, 

whichever comes first. In some 

instances that are related to a 

garnishment or levy order, the 

information is destroyed three years 

after the termination of the garnishment 

or levy order. 

Disposal of the paper documents, 

records, and files is by shredding. 

Electronic records are destroyed 

physically (electronic storage media) or 

by electronic erasure. 

Individuals may request a copy of the 

(document) disposition instructions 

from the FCC Privacy Act Officer or 

access GRS 2 directly at http:// 

www.archives.gov/records-mgmt/ardor/ 

grs02.html. 

SYSTEM MANAGER(S) AND ADDRESS: 

Human Resources Management 

(HRM), Office of Managing Director 

(OMD), Federal Communications 

Commission (FCC), 445 12th Street, 

SW., Washington, DC 20554. 

NOTIFICATION PROCEDURE: 

Address inquiries to the Human 

Resources Management (HRM), Office of 

Managing Director (OMD), Federal 

Communications Commission (FCC), 

445 12th Street, SW., Washington, DC 

20554. 

RECORD ACCESS PROCEDURES: 

Address inquiries to the Human 

Resources Management (HRM), Office of 

Managing Director (OMD), Federal 

Communications Commission (FCC), 

445 12th Street, SW., Washington, DC 

20554. 

CONTESTING RECORD PROCEDURES: 

Address inquiries to the Human 

Resources Management (HRM), Office of 

Managing Director (OMD), Federal 

Communications Commission (FCC), 

445 12th Street, SW., Washington, DC 

20554. 

RECORD SOURCE CATEGORIES: 

The sources of the records in this 

system are FCC employees and FCC 

managers, bankruptcy courts, state 

domestic relations courts, state public 


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health and welfare departments or 

agencies, Internal Revenue Service, and 

intra-agency memoranda. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Federal Communications Commission. 

Bulah P. Wheeler, 

Deputy Manager, Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2011–21246 Filed 8–18–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[ET Docket No. 04–186 and 02–380; DA 11– 

1291] 

Unlicensed Operation in the TV 

Broadcast Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document the Office of 

Engineering and Technology 

conditionally designates Microsoft 

Corporation as TV bands device 

database administrators. The TV bands 

databases will be used by fixed and 

personal portable unlicensed devices to 

identify unused channels in the 

spectrum used principally by the 

broadcast television service that are 

available at their geographic locations. 

Microsoft is the tenth entity designated 

to develop a database that will enable 

the introduction of this new class of 

unlicensed broadband wireless devices 

in the TV spectrum. 

FOR FURTHER INFORMATION CONTACT: 

Hugh L. Van Tuyl at (202) 418–7056 or 

Alan Stillwell at (202) 418–2925 or via 

the Internet at Hugh.VanTuyl@fcc.gov or 

Alan.Stillwell@fcc.gov, TTY (202) 418– 

2989. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, ET 

Docket No. 04–186 and 02–380, DA 11– 

1291, adopted July 28, 2011 and 

released July 29, 2011. The full text of 

this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

complete text of this document also may 

be purchased from the Commission’s 

copy contractor, Best Copy and Printing, 

Inc., 445 12th Street, SW., Room CY– 

B402, Washington, DC 20554. The full 

text may also be downloaded at: 

http://www.fcc.gov. 

Summary of Order 

1. In this Order, the Office of 

Engineering and Technology designates 

Microsoft Corporation as a TV bands 

database administrator pursuant to 

§ 15.715 of its rules, subject to 

conditions described. The TV bands 

databases will be used by fixed and 

personal portable unlicensed devices to 

identify unused channels in the 

spectrum used principally by the 

broadcast television service that are 

available at their geographic locations. 

Microsoft is the tenth entity designated 

to develop a database that will enable 

the introduction of this new class of 

unlicensed broadband wireless devices 

in the TV spectrum. 

2. On September 23, 2010, the 

Commission adopted a Second 

Memorandum Opinion and Order 

(Second MO&O) in ET Docket No. 04– 

186, 75 FR 75814, December 6, 2010, 

that updated the rules for unlicensed 

wireless devices that can operate in 

broadcast television spectrum at 

locations where that spectrum is unused 

by licensed services. This unused TV 

spectrum is commonly referred to as 

television ‘‘white spaces.’’ The rules 

allow for the use of unlicensed TV 

bands devices in the unused spectrum 

to provide broadband data and other 

services for consumers and businesses. 

3. To prevent interference to 

authorized users of the TV bands, TV 

bands devices must include a geolocation capability and the capability to 

access a database that identifies 

incumbent users entitled to interference 

protection, including, for example, full 

power and low power TV stations, 

broadcast auxiliary point-to-point 

facilities, PLMRS/CMRS operations on 

channels 14–20, and the Offshore 

Radiotelephone Service. The database 

will calculate and communicate to a TV 

bands device which TV channels are 

vacant and can be used at the device’s 

location. The database will also register 

the locations of fixed TV bands devices 

and protected locations and channels of 

certain incumbent services that are not 

recorded in Commission databases. The 

rules state that the Commission will 

designate one or more entities to 

administer a TV bands database. 

4. The Office of Engineering and 

Technology (OET) released a public 

notice on November 25, 2009, inviting 

entities interested in being designated as 

a TV bands database administrator to 

file proposals with the Commission and 

inviting comments on the proposals. 

The notice requested that entities 

address how the basic components of a 

TV band database as required by the 

Commission’s rules would be satisfied— 

i.e., a data repository, a data registration 

process, and a query process—and 

whether the entity sought to provide all 

or only some of these functions. Entities 

were also required to affirm that the 

database service would comply with all 

of the applicable rules. Nine parties 

filed proposals in response to this 

public notice. 

5. On January 26, 2011, OET issued an 

Order designating all nine parties that 

filed proposals as TV bands database 

administrators, subject to certain 

conditions. Specifically, the 

administrators were required to: (1) 

Supplement their initial filings to show 

how they will comply with the rule 

changes adopted in the Second MO&O; 

(2) attend workshops conducted by OET 

to address the operation of the databases 

to ensure consistency and compliance 

with the rules; (3) cooperate with any 

steps OET deems necessary to ensure 

compliance with the rules; and (4) agree 

that they will not use their capacity as 

a database manager to engage in any 

discriminatory or anti-competitive 

practices or any practices that may 

compromise the privacy of users. In 

addition, each administrator’s database 

will be subject to a trial period of not 

less than 45 days before it is allowed to 

be made available for actual use by TV 

bands devices to allow interested parties 

an opportunity to check that the 

database is providing accurate results. 

OET conducted three workshops after 

the release of the January 26, 2011 

order. 

6. On April 18, 2011, Microsoft 

Corporation filed a proposal with OET 

seeking designation as a TV bands 

database administrator. Microsoft’s 

proposal addressed the questions in the 

November 25, 2009, public notice that 

invited proposals from parties seeking 

to be designated as database 

administrators. In addition, Microsoft 

provided information to show that it 

will comply with the rule changes 

adopted in the Second MO&O and 

stated that it will comply with the other 

three conditions in the January 26, 2011, 

order that conditionally designated the 

nine database administrators. Microsoft 

representatives attended all three of 

OET’s database administrator 

workshops. On April 29, 2011, OET 

issued a public notice seeking comment 

on Microsoft’s proposal. Two parties 

filed comments, and Microsoft filed 

reply comments. 

Discussion 

7. Based upon our review of its 

proposal and the record before us, OET 

is designating Microsoft Corporation as 

a TV bands database administrator, 

subject to the conditions described. OET 

finds that Microsoft has shown that it 

has the technical expertise to develop 

and operate a TV bands database. 

Moreover, none of the concerns raised 


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