Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 11743 

in that rule it would publish a 

document in the Federal Register 

announcing the effective date. The 

document announcing the effective date 

is published elsewhere in this issue of 

the Federal Register. 

The document makes corrections to 

§§ 1.60001, 1.60002, 1.60006, and 

1.60007. 

Correction 

In FR Doc. 2022–17520 appearing on 

page 57403 in the Federal Register of 

Tuesday, September 20, 2022, the 

following corrections are made: 

§ 1.60001 [Corrected] 

■ 1. On page 57417, in the third column, 

in § 1.60001, in paragraph (b), ‘‘pursuant 

to § 1.60002 or the rural-focused 

transaction prong pursuant to 

§ 1.60003’’ is corrected to read 

‘‘pursuant to § 1.60003 or the ruralfocused transaction prong pursuant to 

§ 1.60004’’. 

§ 1.60002 [Corrected] 

■ 2. On page 57418, in the first column, 

in § 1.60002, in paragraph (e), 

‘‘§ 1.60005(e);’’ is corrected to read 

‘‘§ 1.60005;’’. 

§ 1.60006 [Corrected] 

■ 3. On page 57420, in the third column, 

in § 1.60006, in paragraph (g), ‘‘§ 20.30 

of this chapter’’ is corrected to read 

‘‘§ 1.9003’’. 

§ 1.60007 [Corrected] 

■ 4. On page 57420, in the third column, 

in § 1.60007: 

■ a. In paragraph (a)(1), ‘‘§ 1.60006(e)’’ 

is corrected to read ‘‘§ 1.60006(f)’’; 

■ b. In § 1.60007, in paragraph (a)(2) 

‘‘§ 1.60006(a) or (c),’’ is corrected to read 

‘‘§ 1.60006(b) or (d)’’; 

■ c. In paragraph (a)(3), ‘‘§ 1.60006(b) or 

(c)’’ is corrected to read ‘‘§ 1.60006(c) or 

(d)’’; 

■ d. In paragraph (b)(1), § 1.60006(e)’’ is 

corrected to read ‘‘§ 1.60006(f)’’; 

■ e. In paragraph (b)(2), ‘‘§ 1.60006(a) or 

(c)’’ is corrected to read ‘‘§ 1.60006(b) or 

(d)’’; and 

■ f. In paragraph (b)(3), ‘‘§ 1.60006(b) or 

(c)’’ is corrected to read ‘‘§ 1.60006(c) or 

(d)’’. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–02863 Filed 2–14–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WT Docket No. 19–38; FCC 22–53; FR ID 

201552] 

Partitioning, Disaggregation, and 

Leasing of Spectrum 

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 the information collection 

requirements under OMB Control 

Numbers 3060–0798, 3060–0800, and 

3060–1058 associated with the rules 

adopted in the Report and Order and 

Second Further Notice of Proposed 

Rulemaking, FCC 22–53, governing the 

partitioning, disaggregation, and leasing 

of spectrum, and that compliance with 

these rules is now required. This 

document is consistent with the Report 

and Order and Second Further Notice of 

Proposed Rulemaking, which states that 

the Commission will publish a 

document in the Federal Register 

announcing the effective date for these 

revised rule sections and revising the 

rules accordingly. 

DATES: The additions of 47 CFR 1.60001 

through 1.60007, published at 87 FR 

57403, September 20, 2022, and delayed 

indefinitely, are effective February 15, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams, Office of the Managing 

Director, Federal Communications 

Commission, at (202) 418–2918 or 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that OMB 

approved the information collection 

requirements in 47 CFR 1.60001– 

1.60007 on September 25, 2023, 

December 5, 2023, and January 18, 2024, 

respectively. These rule sections were 

adopted in the Report and Order and 

Second Further Notice of Proposed 

Rulemaking, FCC 22–53. The 

Commission publishes this document as 

an announcement of the immediate 

effective date for these revised rules. 

Published elsewhere in this issue of the 

Federal Register is a document making 

corrections to §§ 1.60001, 1.60002, 

1.60006, and 1.660007. 

Synopsis 

As required by the Paperwork 

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

the Commission is notifying the public 

that it received final OMB approvals on 

September 25, 2023, December 5, 2023, 

and January 18, 2024, respectively, for 

the information collection requirements 

contained in 47 CFR 1.60001–1.60007. 

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 Numbers for 

the information collection requirements 

in 47 CFR 1.60001–1.60007 are 3060– 

0798, 3060–0800, and 3060–1058. 

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: 3060–0798. 

OMB Approval Date: September 25, 

2023. 

OMB Expiration Date: September 30, 

2026. 

Title: FCC Authorization for Radio 

Service Authorization; Wireless 

Telecommunications Bureau; Public 

Safety and Homeland Security Bureau. 

Form Number: FCC Form 601. 

Respondents: Individual and 

households, Business or other for-profit 

entities, state, local, or tribal 

government, and not for profit 

institutions. 

Estimated Number of Respondents 

and Responses: 255,552 respondents; 

255,552 responses. 

Estimated Time per Response: 0.5 to 

1.25 hours. 

Frequency of Response: 

Recordkeeping requirement; third party 

disclosure requirement, on occasion 

reporting requirement and periodic 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for these collections are 

contained in 47 U.S.C. 151, 152, 154, 

154(i), 155(c), 157, 201, 202, 208, 214, 

301, 302a, 303, 307, 308, 309, 310, 311, 

314, 316, 319, 324, 331, 332, 333, 336, 

534, 535, and 554 of the 

Communications Act of 1934. 

Estimated Total Annual Burden: 

225,808 hours. 

Total Annual Cost: $72,474,000. 

Needs and Uses: On July 18, 2022, the 

Commission released a Report and 

Order and Second Further Notice of 

Proposed Rulemaking, Partitioning, 

Disaggregation, and Leasing of 

Spectrum, WT Docket No. 19–38, FCC 


khammond on DSKJM1Z7X2PROD with RULES
11744 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 

22–53, in which the Commission 

established the Enhanced Competition 

Incentive Program (ECIP) to establish 

incentives for wireless radio service 

licensees to make underutilized 

spectrum available to small carriers, 

Tribal Nations, and entities serving rural 

areas (ECIP Report and Order in WT 

Docket No. 19–38, FCC 22–53). In the 

Report and Order, the Commission 

adopted a program under which any 

covered geographic area licensee may 

offer spectrum to an unaffiliated eligible 

entity through a partition and/or 

disaggregation, and any covered 

geographic area licensee eligible to lease 

in an included service may offer 

spectrum to an unaffiliated eligible 

entity through a long-term leasing 

arrangement. If the FCC finds that 

approval of an ECIP eligible assignment 

or lease is in the public interest, the 

agency will consent to the transaction 

and confer benefits, including five-year 

license term extensions, one year 

construction extensions, and substituted 

alternative construction requirements 

for rural-focused transactions. 

In establishing the ECIP, the 

Commission requires applicants seeking 

to participate in the program to submit 

certain information that shows the 

transaction qualifies for ECIP inclusion. 

The Commission found that the ECIP 

builds on Congressional goals in the 

MOBILE NOW Act to incentivize 

beneficial transactions in the public 

interest that will promote greater 

competition in the provision of wireless 

services, facilitate increased availability 

of advanced wireless services in rural 

areas, facilitate new opportunities for 

small carriers and Tribal Nations to 

increase access to spectrum, and bring 

more advanced wireless service 

including 5G to underserved 

communities. The ECIP related change 

created a new Schedule O, similar to 

schedule K, that will be used by certain 

ECIP Licensees to file either their Initial 

Operation Requirement Notifications 

(IORN) or their Final Operation 

Requirement Notifications (FORN), as 

required by 47 CFR 1.60004, 1.60006. 

OMB Control Number: 3060–0800. 

OMB Approval Date: December 5, 

2023. 

OMB Expiration Date: December 31, 

2026. 

Title: FCC Application for 

Assignments of Authorization and 

Transfers of Control: Wireless 

Telecommunications Bureau and Public 

Safety and Homeland Security Bureau. 

Form Number: FCC Form 603. 

Respondents: Business or other forprofit entities, Individuals or 

households, not-for-profit institutions, 

and State, Local or Tribal Governments. 

Estimated Number of Respondents 

and Responses: 2,567 respondents; 

2,567 responses. 

Estimated Time per Response: 0.05 

hours–1.80 hours. 

Frequency of Response: 

Recordkeeping requirement, on 

occasion reporting requirement and 

periodic reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection is contained 

in 47 U.S.C. 154, 155, 158, 161, 301, 

303(r), 308, 309, 310 and 332. 

Estimated Total Annual Burden: 

2,957 hours. 

Total Annual Cost: $532,728. 

Needs and Uses: On July 18, 2022, the 

Commission adopted the Partition, 

Disaggregation and Leasing of Spectrum 

Report and Order and Second Further 

Notice of Proposed Rulemaking that 

modifies partitioning, disaggregation, 

and leasing rules to provide specific 

incentives for small carriers and Tribal 

Nations, and entities in rural areas, to 

voluntarily participate in ECIP (ECIP 

Report and Order in WT Docket No. 19– 

38, FCC 22–53). The ECIP proceeding is 

in response to Congressional direction 

in the Making Opportunities for 

Broadband Investment and Limiting 

Excessive and Needless Obstacles to 

Wireless Act (MOBILE NOW Act) to 

consider steps to increase the diversity 

of spectrum access and the availability 

of advanced telecommunications 

services in rural areas. The ECIP will 

promote greater competition in the 

provision of wireless services, facilitate 

increased availability of advanced 

wireless services in rural areas, facilitate 

new opportunities for small carriers and 

Tribal Nations to increase access to 

spectrum, and bring more advanced 

wireless service including 5G to 

underserved communities. 

In establishing ECIP, the Commission 

revised its rules to allow partition and/ 

or disaggregation assignment 

applications pursuant to § 1.950 or full 

assignments pursuant to § 1.948, to 

designate a Qualifying Transaction 

identified in the application as seeking 

consideration under the ECIP. 

Respondents are also required to select 

the applicable ECIP prong to its 

Qualifying Transaction, pursuant to 

either § 1.60003 or § 1.60004. 

Respondents will also certify via 

attachment to FCC Form 603 for the 

purpose of certifying compliance with 

§ 1.60002 of the Commission’s rules, 

which requires simply a check box of 

yes that the applicant selects. This has 

been approved by non-substantive 

change request. 

OMB Control Number: 3060–1058. 

OMB Approval Date: January 18, 

2024. 

OMB Expiration Date: January 31, 

2027. 

Title: FCC Application or Notification 

for Spectrum Leasing Arrangement or 

Private Commons Arrangement; 

Wireless Telecommunications Bureau; 

Public Safety and Homeland Security 

Bureau. 

Form Number: FCC Form 608. 

Respondents: Individual and 

households, Business or other for-profit 

entities, state, local, or tribal 

government, and not for profit 

institutions. 

Estimated Number of Respondents 

and Responses: 1,116 respondents and 

1,116 responses. 

Estimated Time per Response: 0.05 to 

1 hour. 

Frequency of Response: 

Recordkeeping requirement; third party 

disclosure requirement, on occasion 

reporting requirement and periodic 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

154, 155, 158, 161, 301, 303(r), 308, 309, 

310 and 332. 

Estimated Total Annual Burden: 

1,135 hours. 

Total Annual Cost: $1,443,825. 

Needs and Uses: On July 18, 2022, the 

Commission released a Report and 

Order and Second Further Notice of 

Proposed Rulemaking, Partitioning, 

Disaggregation, and Leasing of 

Spectrum, WT Docket No. 19–38, FCC 

22–53, in which the Commission 

established the Enhanced Competition 

Incentive Program (ECIP) to establish 

incentives for wireless radio service 

licensees to make underutilized 

spectrum available to small carriers, 

Tribal Nations, and entities serving rural 

areas (ECIP Report and Order in WT 

Docket No. 19–38, FCC 22–53). In the 

Report and Order, the Commission 

adopted a program under which any 

covered geographic area licensee may 

offer spectrum to an unaffiliated eligible 

entity through a partition and/or 

disaggregation, and any covered 

geographic area licensee eligible to lease 

in an included service may offer 

spectrum to an unaffiliated eligible 

entity through a long-term leasing 

arrangement. If the FCC finds that 

approval of an ECIP eligible assignment 

or lease is in the public interest, the 

agency will consent to the transaction 

and confer benefits, including five-year 

license term extensions, one year 

construction extensions, and substituted 

alternative construction requirements 

for rural-focused transactions. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations 11745 

In establishing the ECIP, the 

Commission requires applicants seeking 

to participate in the program to submit 

certain information that shows the 

transaction qualifies for ECIP inclusion. 

The Commission found that the ECIP 

builds on Congressional goals in the 

MOBILE NOW Act to incentivize 

beneficial transactions in the public 

interest that will promote greater 

competition in the provision of wireless 

services, facilitate increased availability 

of advanced wireless services in rural 

areas, facilitate new opportunities for 

small carriers and Tribal Nations to 

increase access to spectrum, and bring 

more advanced wireless service 

including 5G to underserved 

communities. Specifically, in the ECIP 

Report and Order, the Commission 

revised its rules to allow any covered 

geographic licenses in included services 

to be leased to eligible entities through 

a long-term leasing arrangement. 

Specifically, in the ECIP Report and 

Order, the Commission revised its rules 

to allow any covered geographic 

licenses in included services to be 

leased to eligible entities through a longterm leasing arrangement, to designate a 

Qualifying Transaction identified in the 

application as seeking consideration 

under the ECIP. Two new questions are 

being added to the FCC Form 608 as a 

result. Respondents are required to 

indicate by yes or no answer whether 

the application is seeking consideration 

under ECIP. Respondents are also 

required to select the applicable ECIP 

prong to its Qualifying Transaction, 

pursuant to either § 1.60003 or 

§ 1.60004. A certification is also 

included via attachment to FCC Form 

608 for the purpose of certifying 

compliance with § 1.60002 of the 

Commission’s rules, which requires 

simply a check box of yes by the 

applicant. This has been approved by 

non-substantive change request. 

Finally, a new Schedule J is being 

added to FCC Form 608 and will be 

used by Spectrum Manager Lessors (i.e., 

the Licensee) to file either the Initial 

Operation Requirement Notifications 

(IORN) or the Final Operation 

Requirement Notifications (FORN), as 

required by 47 CFR 1.60004, 1.60006, on 

behalf of the Lessee. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–02864 Filed 2–14–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212, 237, and 252 

[Docket DARS–2023–0016] 

RIN 0750–AL07 

Defense Federal Acquisition 

Regulation Supplement: Transfer and 

Adoption of Military Animals (DFARS 

Case 2020–D021) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2020. 

DATES: Effective February 15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly R. Ziegler, telephone 703– 

901–3176. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 88 FR 25606 on 

April 27, 2023, to implement section 

372(f) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2020 (Pub. L. 116–92). Section 

372(f), as implemented at 10 U.S.C. 

2387 (previously 10 U.S.C. 2410r), 

requires DoD contracting officers to 

include a clause in contracts when 

contract working dogs are provided 

under the contract. 10 U.S.C. 2387 

requires the transfer of a contract 

working dog, after the service life of the 

dog has terminated, to the United States 

Air Force, 341st Training Squadron. The 

preamble to the proposed rule contained 

a detailed description of the treatment 

and care to be provided for a contract 

working dog whose service life has 

terminated and the conditions under 

which that determination may be made. 

Three respondents submitted 

comments on the proposed rule. 

II. Discussion and Analysis. 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments is provided, as follows: 

A. Summary of Significant Changes 

from the Proposed Rule. 

There are no significant changes from 

the proposed rule. 

B. Analysis of Public Comments 

1. Support for the Rule 

Comment: Some respondents support 

the rule. 

Response: The support is noted. 

2. Application to All Contracts for 

Military Working Dogs 

Comment: Some respondents voiced 

concerns that the rule will only apply to 

contracts at or below the simplified 

acquisition threshold (SAT). 

Response: The rule applies to all 

contracts for contract working dogs, as 

defined in 10 U.S.C. 2387(c), including 

those valued at or below the SAT. 

Section III of the preamble for the 

proposed rule provides the legal basis 

for applying the rule to contracts valued 

at or below the SAT and for commercial 

services and products, including 

commercially available off-the-shelf 

(COTS) items. 

3. Replacement vs. Termination of 

Contract Working Dogs 

Comment: Some respondents were 

concerned that a contract working dog 

would be replaced instead of retired 

under a service contract, avoiding the 

termination and transfer of the dog. 

Response: DoD generally contracts for 

a team consisting of the working dog 

and handler under a service contract. 

Service contracts include standards of 

performance for the team. If the team 

cannot perform to the standard, the 

contractor is generally expected to 

replace the team with a team that can 

perform to the standard. The statute 

recognizes that the inability to perform 

to the standard in an individual DoD 

contract does not mean that a dog has 

met the conditions for retirement or 

termination. Specifically, the contract 

working dog service life would continue 

if the dog could be utilized on another 

Federal Government contract, which 

could have different standards than a 

DoD contract. 

Comment: A respondent expressed 

concerns that the proposed rule 

explanation of the impact characterized 

the need for a contracting officer to 

make a determination as ‘‘rare’’ because 

it may be assumed that a dog’s service 

life would never be terminated. 

Response: As noted in section IV of 

the preamble for the proposed rule, DoD 

does not expect the impact of the rule 

to be significant because the number of 

acquisitions that include contract 

working dogs and handlers are few in 

number. If the contracting officer’s 

representative or requiring activity 

identifies a non-performing working dog 

and handler, an assessment will be 

conducted by Government experts to 


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