76902 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

Settlements meeting these criteria ‘‘will 

probably pass muster and receive 

approval.’’ Id. at 1093; see also World 

Chance Logistics (Hong Kong), Ltd.- 

Possible Violations, 31 S.R.R. 1346, 

1350 (FMC 2010). 

The clarifying language reflects the 

Commission’s intent as expressed when 

it promulgated section 502.72 that it 

was not changing its long standing 

policy with respect to review of 

settlement agreements, and articulates 

the requisite procedure for voluntary 

and involuntary dismissal of 

complaints. 

This final rule is not a ‘‘major rule’’ 

under 5 U.S.C. 804(2). No notice of 

proposed rulemaking is required; 

therefore, the provisions of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., do not apply. 

List of Subjects in 46 CFR Part 502 

Administrative practices and 

procedures, Claims, Equal Access to 

Justice, Investigations, Practice and 

procedure, Procedural rules, Reporting 

and recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Federal Maritime 

Commission amends 46 CFR part 502 as 

follows: 

PART 502—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 502 

continues to read as follows: 

Authority: 5 U.S.C. 504, 551, 552, 553, 

556(c), 559, 561–569, 571–596, 5 U.S.C. 571– 

584; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 

U.S.C. 9701; 46 U.S.C. 305, 40103–40104, 

40304, 40306, 40501–40503, 40701–40706, 

41101–41109, 41301–41309, 44101–44106; 

E.O. 11222 of May 8, 1965. 

Subpart E—Proceedings; Pleadings; 

Motions; Replies 

■ 2. Revise § 502.72 to read as follows: 

§ 502.72 Dismissals. 

(a) Voluntary dismissal. (1) By the 

complainant. When no settlement 

agreement is involved, the complainant 

may dismiss an action without an order 

from the presiding officer by filing a 

notice of dismissal before the opposing 

party serves either an answer, a motion 

to dismiss, or a motion for summary 

decision. Unless the notice or 

stipulation states otherwise, the 

dismissal is without prejudice. 

(2) By stipulation of the parties. The 

parties may dismiss an action at any 

point without an order from the 

presiding officer by filing a stipulation 

of dismissal signed by all parties who 

have appeared. In the stipulation the 

parties must certify that no settlement 

on the merits was reached. Unless the 

stipulation states otherwise, the 

dismissal is without prejudice. 

(3) By order of the presiding officer. 

Except as provided in paragraphs (a)(1) 

and (a)(2) of this section, an action may 

be dismissed at the complainant’s 

request only by order of the presiding 

officer, on terms the presiding officer 

considers proper. If the motion is based 

on a settlement by the parties, the 

settlement agreement must be submitted 

with the motion for determination as to 

whether the settlement appears to 

violate any law or policy and to ensure 

the settlement is free of fraud, duress, 

undue influence, mistake, or other 

defects which might make it 

unapprovable. Unless the order states 

otherwise, a dismissal under this 

paragraph is without prejudice. 

(b) Involuntary dismissal; effect. If the 

complainant fails to prosecute or to 

comply with these rules or an order in 

the proceeding, a respondent may move 

to dismiss the action or any claim 

against it, or the presiding officer, after 

notice to the parties, may dismiss the 

proceeding on its own motion. Unless 

the dismissal order states otherwise, a 

dismissal under this subpart, except one 

for lack of jurisdiction or failure to join 

a party, operates as an adjudication on 

the merits. 

(c) Dismissing a counterclaim, 

crossclaim, or third-party claim. This 

rule applies to dismissals of any 

counterclaim, crossclaim, or third-party 

claim. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2014–29946 Filed 12–22–14; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0, 1, 2, 15, 27, 73, and 74 

[GN Docket No. 12–268; FCC 14–143] 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to the final regulations to the 

Commission’s rules which were 

published in the Federal Register on 

Thursday, November 6, 2014 (79 FR 

65906). The Commission published a 

clarification in the Declaratory Ruling, 

which clarifies how the Commission 

intends to preserve the ‘‘coverage area’’ 

of eligible broadcasters in the repacking 

process associated with the broadcast 

television spectrum incentive auctions. 

This document contains corrections to 

the adopted date. 

DATES: Effective November 6, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Aspasia Paroutsas, Office of Engineering 

and Technology, 202–418–7285, 

Aspasia.Paroutsas@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

regulations that are the subject of this 

correction relates to ‘‘Expanding the 

Economic and Innovation Opportunities 

of Spectrum Through Incentive 

Auctions’’ adopted date. 

Need for Correction 

As published, in the final regulations 

appearing on page 65906 in the Federal 

Register of November 6, 2014, the first 

sentence of the SUPPLEMENTARY

INFORMATION is corrected to read as 

follows: 

This is a summary of the 

Commission’s Declaratory Ruling, GN 

Docket No. 12–268, FCC 14–143, 

adopted September 30, 2014 and 

released September 30, 2014. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2014–30079 Filed 12–22–14; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 13–49; FCC 14–30] 

Unlicensed National Information 

Infrastructure (U–NII) Devices in the 5 

GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendment. 

SUMMARY: On April 1, 2014, the 

Commission released a Report and 

Order, ‘‘Unlicensed National 

Information Infrastructure (U–NII) 

Devices in the 5 GHz Band.’’ This 

document contains corrections to the 

final regulations for ‘‘Unlicensed 

National Information Infrastructure (U– 

NII) Devices in the 5 GHz Band’’ that 

appeared in the Federal Register on 

May 1, 2014 (79 FR 24569). 

DATES: Effective December 23, 2014. 

FOR FURTHER INFORMATION CONTACT: Aole 

Wilkins, Office of Engineering and 

Technology, (202) 418–2406 or email 

Aole.Wilkins@fcc.gov. 

SUPPLEMENTARY INFORMATION: 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 76903 

Background 

The final regulations that are the 

subject of this correction relates to 

‘‘Unlicensed National Information 

Infrastructure (U–NII) Devices in the 5 

GHz Band’’ under § 15.407(a)(1). 

Need for Correction 

As published, the revised text in the 

final regulations contains errors that are 

misleading and need immediate 

correction. 

List of Subjects in 47 CFR Part 15 

Communications equipment, Radio. 

Accordingly, 47 CFR part 15 is 

corrected by making the following 

correcting amendment: 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 304, 

307, 336, 544a, and 549. 

■ 2. Section 15.407 is amended by 

revising paragraph (a)(1)(iii) to read as 

follows: 

§ 15.407 General technical requirements. 

(a) * * * 

(1) * * * 

(iii) For fixed point-to-point access 

points operating in the band 5.15–5.25 

GHz, the maximum conducted output 

power over the frequency band of 

operation shall not exceed 1 W. In 

addition, the maximum power spectral 

density shall not exceed 17 dBm in any 

1 megahertz band. Fixed point-to-point 

U–NII devices may employ antennas 

with directional gain up to 23 dBi 

without any corresponding reduction in 

the maximum conducted output power 

or maximum power spectral density. 

For fixed point-to-point transmitters 

that employ a directional antenna gain 

greater than 23 dBi, a 1 dB reduction in 

maximum conducted output power and 

maximum power spectral density is 

required for each 1 dB of antenna gain 

in excess of 23 dBi. Fixed, point-topoint operations exclude the use of 

point-to-multipoint systems, 

omnidirectional applications, and 

multiple collocated transmitters 

transmitting the same information. The 

operator of the U–NII device, or if the 

equipment is professionally installed, 

the installer, is responsible for ensuring 

that systems employing high gain 

directional antennas are used 

exclusively for fixed, point-to-point 

operations. 

* * * * * 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2014–29858 Filed 12–22–14; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[GN Docket No. 12–268; ET Docket Nos. 

13–26 and 14–14; FCC 14–157] 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document addresses 

several outstanding issues related to the 

Incentive Auction. The Commission 

addresses and rejects proposals for 

additional limits on any new 

interference between television stations 

as a result of the repacking process. The 

Commission establishes a methodology 

and the associated input values to 

predict inter-service interference 

between television and wireless services 

in certain areas for use during the 

incentive auction (ISIX Methodology). 

DATES: Effective January 22, 2015, 

except for §§ 73.3700(b)(1)(iv)(B), 

73.3700(b)(2)(i) introductory text, and 

73.3700(b)(2)(ii) of the rules which 

contain new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, that are not 

effective until approved by the Office of 

Management and Budget (OMB). The 

Federal Communications Commission 

will publish a document in the Federal 

Register announcing OMB approval and 

the effective date of this rule. 

FOR FURTHER INFORMATION CONTACT: 

Aspasia Paroutsas, (202) 418–7285, 

Aspasia.Paroutsas@fcc.gov, Office of 

Engineering and Technology. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order and Further Notice of 

Proposed Rulemaking, GN Docket No. 

12–268; ET Docket Nos. 13–26 and 14– 

14, FCC 14–157, adopted October 16, 

2014 and released October 17, 2014. 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: 

www.fcc.gov. People with Disabilities: 

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 & 

Governmental Affairs Bureau at 202– 

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

Summary of Second Report and Order 

Requested Additional Limits on New 

Interference in the Repacking Process 

1. The Commission declined to 

establish a one-percent cap on the 

amount of total or aggregate new 

interference that a broadcast station will 

be allowed to receive from other 

stations, as requested by the National 

Association of Broadcasters (NAB) and 

others. In the Incentive Auction R&O, 79 

FR 48442, August 15, 2014, the 

Commission adopted a 0.5 percent limit 

on new interference that will be applied 

on a pairwise or station-to-station basis. 

The Commission concludes that 

broadcasters’ concerns regarding the 

potential for new interference in the 

absence of a separate one-percent cap on 

aggregate interference are exaggerated: 

the vast majority of stations are unlikely 

to experience aggregate new interference 

of more than one percent. The 

Commission also adopted measures that 

will effectively address broadcasters’ 

concerns about such interference in 

exceptional cases where there may be 

aggregate new interference of more than 

one percent. In addition to being 

unnecessary, the proposed cap is not 

practical or realistic, because even if the 

broadcasters had identified a means of 

implementing it (they have not), an 

aggregate interference cap would 

deprive the reverse auction bidding 

process of its speed and, therefore, 

compromise the success of the incentive 

auction. The Commission concludes 

that it can fulfill Congress’s mandate to 

make ‘‘all reasonable efforts’’ to preserve 

the population served of stations that 

will remain on the air after the incentive 

auction without imposing an aggregate 

interference cap. Crucially, the 

Commission can do so in a manner that 

ensures an efficient channel assignment 

scheme, minimizes repacking costs and 

disruption to broadcasters and viewers, 

and furthers the goal of a successful 

auction. The Commission also declined 

to adopt an additional limit on new 

interference to stations that are 

currently experiencing ten percent or 

more interference within their service 

areas. 


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