33144 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 

information concerning the Paperwork 

Reduction Act information collection 

requirements, contact Nicole Ongele at 

(202) 418–2991 or nicole.ongele@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 2, 

2018, OMB approved, for a period of 

three years, the information collection 

requirements relating to certain 

payphone compensation rules contained 

in the Commission’s Modernization of 

Payphone Compensation Rules Report 

and Order, FCC 18–21, published at 83 

FR 11422, March 15, 2018, as specified 

above. 

The OMB Control Number is 3060– 

1046. The Commission publishes this 

document as an announcement of the 

effective date of the rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Nicole Ongele, Federal 

Communications Commission, Room 

1–A620, 445 12th Street SW, 

Washington, DC 20554. Please include 

the OMB Control Number, 3060–1046, 

in your correspondence. The 

Commission will also accept your 

comments via email at PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on July 2, 

2018, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR part 64. Under 5 CFR part 

1320, an agency may not conduct or 

sponsor a collection of information 

unless it displays a current, valid OMB 

Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1046. The foregoing notice is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13, 

October 1, 1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1046. 

OMB Approval Date: July 2, 2018. 

OMB Expiration Date: July 31, 2021. 

Title: Part 64, Modernization of 

Payphone Compensation Rules et al., 

WC Docket No. 17–141 et al., FCC 

18–21. 

Form Number: N/A. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 329 respondents; 2,257 

responses. 

Estimated Time per Response: 0.50 

hours–122 hours. 

Frequency of Response: On occasion, 

one-time, and quarterly reporting 

requirements; third party disclosure 

requirements; and recordkeeping 

requirement. 

Obligation To Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

151, 154 and 276 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 34,720 hours. 

Total Annual Cost: No cost(s). 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

The Commission is not requesting that 

the respondents submit confidential 

information to the FCC. Respondents 

may, however, request confidential 

treatment for information they believe to 

be confidential under 47 CFR 0.459 of 

the Commission’s rules. 

Needs and Uses: Section 276 of the 

Communications Act, as amended (the 

Act), requires that the Federal 

Communications Commission 

(Commission or FCC) establish rules 

ensuring that payphone service 

providers or PSPs are ‘‘fairly 

compensated’’ for each and every 

completed payphone-originated call. 

The Commission’s Payphone 

Compensation Rules satisfy section 276 

by identifying the party liable for 

compensation and establishing a 

mechanism for PSPs to be paid. A 2003 

Report and Order (FCC 03–235) 

established detailed rules (Payphone 

Compensation Rules) ensuring that 

payphone service providers or PSPs are 

‘‘fairly compensated’’ for each and every 

completed payphone-originated call 

pursuant to section 276 of the 

Communications Act, as amended (the 

Act). The Payphone Compensation 

Rules satisfy section 276 by identifying 

the party liable for compensation and 

establishing a mechanism for PSPs to be 

paid. The Payphone Compensation 

Rules: (1) Place liability to compensate 

PSPs for payphone-originated calls on 

the facilities-based long distance 

carriers or switch-based resellers (SBRs) 

from whose switches such calls are 

completed; (2) define these responsible 

carriers as ‘‘Completing Carriers’’ and 

require them to develop their own 

system of tracking calls to completion; 

(3) require Completing Carriers to file 

with PSPs a quarterly report and also 

submit an attestation by the chief 

financial officer (CFO) that the payment 

amount for that quarter is accurate and 

is based on 100% of all completed calls; 

(4) require quarterly reporting 

obligations for other facilities-based 

long distance carriers in the call path, if 

any, and define these carriers as 

‘‘Intermediate Carriers;’’ and (5) give 

parties flexibility to agree to alternative 

compensation arrangements (ACA) so 

that small Completing Carriers may 

avoid the expense of instituting a 

tracking system and undergoing an 

audit. On February 22, 2018, the 

Commission adopted a Report and 

Order, FCC 18–21 (2018 Payphone 

Order), that: (1) Eliminated the 

payphone call tracking system audit and 

associated reporting requirements; (2) 

permitted a company official, including 

but no longer limited to, the chief 

financial officer (CFO), to certify that a 

Completing Carrier’s quarterly 

compensation payments to PSPs are 

accurate and complete; and (3) 

eliminated expired interim and 

intermediate per-payphone 

compensation rules that no longer apply 

to any entity. We believe that the 

revisions adopted in the 2018 Payphone 

Order significantly decrease the 

paperwork burden on carriers. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2018–15157 Filed 7–16–18; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[GN Docket No. 16–142; FCC 17–158] 

Authorizing Permissive Use of the 

‘‘Next Generation’’ Broadcast 

Television Standard 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with FCC 17–158. This 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33145 

document is consistent with the 

Commission’s Report and Order, which 

stated that the Commission would 

publish a document in the Federal 

Register announcing the effective date 

of those rules. 

DATES: The additions of 47 CFR 73.3801, 

73.6029, and 74.782 as published at 83 

FR 4998, February 2, 2018, are effective 

as of July 17, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Evan Baranoff, Policy Division, Media 

Bureau, at 202–418–7142, or via email 

at evan.baranoff@ffc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 2, 

2018, OMB approved the information 

collection requirements contained in 

§§ 73.3801, 73.6029, and 74.782 of the 

Commission’s rules. The OMB Control 

Number is 3060–1254. The Commission 

publishes this document as an 

announcement of the effective date of 

these rules. If you have any comments 

on the burden estimates listed below, or 

how the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street SW, Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–1254, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on July 2, 

2018, for the information collection 

requirements contained in §§ 73.3801, 

73.6029, and 74.782 of the 

Commission’s rules. Under 5 CFR part 

1320, an agency may not conduct or 

sponsor a collection of information 

unless it displays a current, valid OMB 

Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1254. 

OMB Approval Date: July 2, 2018. 

OMB Expiration Date: July 31, 2021. 

Title: Next Gen TV/ATSC 3.0 Local 

Simulcasting Rules; 47 CFR 73.3801 

(full-power TV), 73.6029 (Class A TV), 

and 74.782 (low-power TV) and FCC 

Form 2100 (Next Gen TV License 

Application) 

Form Number: FCC Form 2100 (Next 

Gen TV License Application) 

Respondents: Business or other forprofit entities, state, local, or tribal 

government and not for profit 

institutions. 

Number of Respondents and 

Responses: 1,130 respondents; 4,760 

responses. 

Estimated Time per Response: 0.017– 

8 hours. 

Frequency of Response: On occasion 

reporting requirement; Recordkeeping 

requirement; Third party disclosure. 

Obligation To Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in Sections 1, 

4, 7, 301, 303, 307, 308, 309, 316, 319, 

325(b), 336, 338, 399b, 403, 614, and 

615 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151, 154, 157, 

301, 303, 307, 308, 309, 316, 319, 

325(b), 336, 338, 399b, 403, 534, and 

535. 

Total Annual Burden: 3,504 hours. 

Total Annual Cost: $130,500. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection. 

Needs and Uses: On November 20, 

2017, the Commission released a Report 

and Order (Order), FCC 17–158, in GN 

Docket No. 16–142, authorizing 

television broadcasters to use the ‘‘Next 

Generation’’ broadcast television (Next 

Gen TV) transmission standard, also 

called ‘‘ATSC 3.0’’ or ‘‘3.0,’’ on a 

voluntary, market-driven basis. This 

authorization is subject to broadcasters 

continuing to deliver current-generation 

digital television (DTV) service, using 

the ATSC 1.0 transmission standard, 

also called ‘‘ATSC 1.0’’ or ‘‘1.0,’’ to their 

viewers. The requirement to continue to 

provide ATSC 1.0 service is called 

‘‘local simulcasting.’’ The local 

simulcasting rules (47 CFR 73.3801 

(full-power TV), 73.6029 (Class A TV), 

and 74.782 (low-power TV),) contain the 

following information collection 

requirements which require OMB 

approval. 

License Application to FCC/FCC Form 

2100 (Reporting Requirement; 47 CFR 

73.3801(f), 73.6029(f), and 74.782(g)): A 

broadcaster must file an application 

(FCC Form 2100) with the Commission, 

and receive Commission approval, 

before: (i) Moving its ATSC 1.0 signal to 

the facilities of a host station, moving 

that signal from the facilities of an 

existing host station to the facilities of 

a different host station, or discontinuing 

an ATSC 1.0 guest signal; (ii) 

commencing the airing of an ATSC 3.0 

signal on the facilities of a host station 

(that has already converted to ATSC 3.0 

operation), moving its ATSC 3.0 signal 

to the facilities of a different host 

station, or discontinuing an ATSC 3.0 

guest signal; or (iii) converting its 

existing station to transmit an ATSC 3.0 

signal or converting the station from 

ATSC 3.0 back to ATSC 1.0 

transmissions. As directed by the 

Commission, the Media Bureau will be 

amending FCC Form 2100 and the 

relevant schedules (Schedules B, D & F) 

(See Schedule B—Full Power License to 

cover application (OMB control number 

3060–0837); Schedule D—LPTV/ 

Translator License to cover application 

(OMB control number 3060–0017); and 

Schedule F—Class A License to cover 

application (OMB control number 3060– 

0928)) as necessary to implement the 

Next Gen TV licensing process and 

collect the required information 

(detailed below). The form will be 

revised to establish the streamlined 

‘‘one-step’’ licensing process for Next 

Gen TV applicants, including adding 

the above listed purposes (i-iii) to the 

form. FCC staff will use the license 

application to determine compliance 

with FCC rules and to determine 

whether the public interest would be 

served by grant of the application for a 

Next Gen TV station license. 

Next Gen TV Broadcaster On-Air 

Notices to Consumers (Third-Party 

Disclosure Requirement; 47 CFR 

73.3801(g), 73.6029(g), and 74.782(h)): 

Commercial and noncommercial 

educational (NCE) broadcast TV stations 

that relocate their ATSC 1.0 signals (e.g., 

moving to a host station’s facility, 

subsequently moving to a different host, 

or returning to its original facility) are 

required to air daily Public Service 

Announcements (PSAs) or crawls every 

day for 30 days prior to the date that the 

stations will terminate ATSC 1.0 

operations on their existing facilities. 

Stations that transition directly to ATSC 

3.0 will be required to air daily PSAs or 

crawls every day for 30 days prior to the 

date that the stations will terminate 

ATSC 1.0 operations. Broadcaster on-air 

notices to consumers will be used to 

inform consumers if stations they watch 

will be changing channels and 


daltland on DSKBBV9HB2PROD with RULES
33146 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 

encouraged to rescan their receivers for 

new channel assignments. 

Next Gen TV Broadcaster Written 

Notices to MVPDs (Third-Party 

Disclosure Requirement; 47 CFR 

73.3801(h), 73.6029(h), and 74.782(i)): 

Next Gen TV stations relocating their 

ATSC 1.0 signals (e.g., moving to a 

temporary host station’s facilities, 

subsequently moving to a different host, 

or returning to its original facility) must 

provide notice to MVPDs that: (i) No 

longer will be required to carry the 

station’s ATSC 1.0 signal due to the 

relocation; or (ii) carry and will 

continue to be obligated to carry the 

station’s ATSC 1.0 signal from the new 

location. Broadcaster notices to 

multichannel video programming 

distributors (MVPDs) will be used to 

notify MVPDs that carry a Next Gen TV 

broadcast station about channel changes 

and facility information. 

Local Simulcasting Agreements 

(Recordkeeping Requirement; 47 CFR 

73.3801(e), 73.6029(e), and 74.782(f)): 

Broadcasters must maintain a written 

copy of any local simulcasting 

agreement and provide it to the 

Commission upon request. FCC staff 

will review the local simulcasting 

agreement (when applicable) to 

determine compliance with FCC rules 

and to determine whether the public 

interest would be served by grant of the 

application for a Next Gen TV station 

license. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2018–15156 Filed 7–16–18; 8:45 am] 

BILLING CODE 6712–01–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

48 CFR Part 9903 

Cost Accounting Standards: Revision 

of the Exemption From Cost 

Accounting Standards for Contracts 

and Subcontracts for the Acquisition 

of Commercial Items 

AGENCY: Cost Accounting Standards 

Board, Office of Federal Procurement 

Policy, Office of Management and 

Budget. 

ACTION: Final rule. 

SUMMARY: The Office of Federal 

Procurement Policy (OFPP), Cost 

Accounting Standards (CAS) Board, is 

publishing a final rule revising the 

exemption for contracts or subcontracts 

for the acquisition of commercial items. 

This final rule clarifies the types of 

contracts that are exempt from the 

application of Cost Accounting 

Standards when acquiring commercial 

items. 

DATES: Effective August 16, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Raymond Wong, Staff Director, Cost 

Accounting Standards Board (telephone: 

202–395–6805; email: rwong@

omb.eop.gov). 

SUPPLEMENTARY INFORMATION: This final 

rule revises the exemption 48 CFR 

9903.201–1(b)(6) for contracts or 

subcontracts for the acquisition of 

commercial items (hereafter referred to 

as the ‘‘(b)(6) commercial item 

exemption’’). 

A. Regulatory Process—Changes to 48 

CFR Part 9903 

The CAS Board’s regulations and 

Standards are codified at 48 CFR 

chapter 99. This final rule amends a 

CAS Board regulation other than a 

Standard and, as such, is not subject to 

the statutorily prescribed rulemaking 

process for the promulgation of a 

Standard at 41 U.S.C. 1502(c) [formerly, 

41 U.S.C. 422(g)]. 

B. Background and Summary 

In November 2012, the CAS Board 

issued a proposed rule to clarify the 

exemption from CAS when acquiring 

commercial items. 77 FR 69422. The 

exemption enumerates the contract 

types that are authorized when 

procuring commercial items. Over the 

years, the CAS Board has issued several 

rules addressing the exemption to 

reflect statutory changes regarding the 

types of contracts that may be used in 

commercial item acquisitions. See 61 FR 

39360 (providing an exemption for firmfixed-price contracts and subcontracts 

for the acquisition of commercial items 

as authorized by section 4305 of the 

Clinger-Cohen Act of 1996 (FARA), Pub. 

L. 104–106); 62 FR 31294 (adding fixedprice contracts with economic price 

adjustments other than those based on 

actual incurred costs for labor and 

materials); and 72 FR 36367 (expanding 

the list of exempt contract types to 

include time-and-material and laborhour contracts, in response to changes 

made by section 1432 of the Services 

Acquisition Reform Act of 2003, Pub. L. 

108–136, which authorized these types 

of contracts for the acquisition of 

commercial items). 

Since enactment of the Federal 

Acquisition Streamlining Act in 1994 

(Pub. L. 103–355), the Federal 

Acquisition Regulation (FAR) has 

included an enumerated list of contract 

types authorized for use in acquiring 

commercial items. See 48 CFR part 

12.207. Similar to the CAS Board, the 

Federal Acquisition Regulatory Council 

has amended FAR 12.207 several times 

to reflect statutory changes and clarify 

the intent of the regulation. An 

inconsistency has developed between 

the list of contract types recognized for 

use in acquiring commercial items set 

forth in paragraph (b)(6) and that 

commercial item exemption and 

contract types reflected in FAR 12.207. 

For example, FAR 12.207 allows the use 

of firmed fixed price contracts in 

conjunction with award fee incentives 

or performance or delivery incentives, 

known as fixed-price incentive (FPI) 

contracts, when the award fee or 

incentive is based solely on factors other 

than cost. However, the (b)(6) 

exemption does not expressly recognize 

FPI contracts on the enumerated list of 

exempt contracts. Because of this 

discrepancy, some commenters on a 

prior CAS Board rulemaking expressed 

concern that these types of FPI contracts 

might be excluded under a literal 

reading of the (b)(6) exemption. See 72 

FR 36367. 

In its proposed rule, the CAS Board 

sought to address the inconsistencies 

between the lists in the (b)(6) exemption 

and FAR 12.207 by removing reference 

to specific contract types in the (b)(6) 

exemption and instead making simple 

reference to ‘‘contracts and subcontracts 

for the acquisition of commercial 

items.’’ The CAS Board explained that 

this generalized language would 

‘‘obviate the continuing need to update 

and keep current a detailed listing of 

permissible contract types for the 

acquisition of commercial items, which 

continues to evolve with the passage of 

time.’’ 77 FR 69424. The CAS Board 

further explained that this language 

tracks the exemption set forth in its 

authorizing statute at 41 U.S.C. 

1502(b)(1)(C)(i) as well as the language 

in section 4205 of the Clinger-Cohen 

Act. 

The CAS Board received several 

comments in response to the proposed 

rule. A discussion of the comments and 

the Board’s responses are set forth in 

section C. Of particular note, some 

commenters raised concern that more 

general language may perpetuate 

ambiguities regarding what contract 

types are covered by the exemption. 

After review of the public comments 

and further deliberation, the CAS Board 

has concluded that the desired goal of 

clarification can be more effectively 

achieved by adding language to the 

exemption that cross references to FAR 

12.207 and its enumeration of contract 

types authorized for the acquisition of 

commercial items. The CAS Board 


daltland on DSKBBV9HB2PROD with RULES