[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 48005-48006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22339]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 16-269, FCC 17-75]


Procedures for Commission Review of State Opt-Out Request From 
the FirstNet Radio Access Network

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of six months, 
the information collection associated with the Commission's Procedures 
for Commission Review of State Opt-Out Request from the FirstNet Radio 
Access Network, Report and Order (Report and Order)'s rules and 
procedures for administering the state opt-out process as provided 
under the Middle Class Tax Relief and Job Creation Act of 2012, as well 
delineating the specific standards by which the Commission will 
evaluate state opt-out applications. This document is consistent with 
the 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 amendments to 47 CFR 90.532(b) and (c) published at 82 FR 
46690, October 6, 2017, are effective November 6, 2017.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele, FCC, at (202) 418-2991 
or via email <a href="/cdn-cgi/l/email-protection#beeeecfffed8dddd90d9d1c8"><span class="__cf_email__" data-cfemail="59090b18193f3a3a773e362f">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#054b6c666a69602b4a6b62606960456366662b626a73"><span class="__cf_email__" data-cfemail="d09eb9b3bfbcb5fe9fbeb7b5bcb590b6b3b3feb7bfa6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This document announces that, on October 6, 
2017, OMB approved this information collection under the emergency 
processing of the Paperwork Reduction Act (PRA), 5 CFR 1320.13, for a 
period of six months, the information collection requirements relating 
to the State opt-out rules contained in the Commission's Report and 
Order, FCC 17-75, published at 82 FR 46690, October 6, 2017. The OMB 
Control Number is 3060-1245. 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, 3060-1245, in your correspondence. The Commission 
will also accept your comments via email at <a href="/cdn-cgi/l/email-protection#065654474660656528616970"><span class="__cf_email__" data-cfemail="8ddddfcccdebeeeea3eae2fb">[email protected]</span></a>.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to <a href="/cdn-cgi/l/email-protection#f99f9a9accc9cdb99f9a9ad79e968f"><span class="__cf_email__" data-cfemail="f99f9a9accc9cdb99f9a9ad79e968f">[email protected]</span></a> 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 October 6, 2017, for the information collection 
requirements contained in the modifications to the Commission's rules 
in 47 CFR 90.532. 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 3060-1245.
    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: 3060-1245.
    OMB Approval Date: October 6, 2017.
    OMB Expiration Date: April 30, 2018.
    Title: Procedures for Commission Review of State Opt-Out Request 
from the FirstNet Radio Access Network.
    Form Number: N/A.
    Respondents: State, local or tribal governments.
    Number of Respondents and Responses: 55 respondents; 110 responses.
    Estimated Time per Response: 0.25 hours per initial notification.
    Frequency of Response: One-time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for requiring licensees to submit this information 
enter into the written agreements is contained in the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112 96, 126 Stat. 156 
Sec. Sec.  6001-6303, 6413 (codified at 47 U.S.C. 1401-1443, 1457).
    Total Annual Burden: 26,414 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: Alternative state plans are 
very likely to contain proprietary information as well as information 
whose disclosure could compromise network security. Parties may 
therefore seek confidential treatment of any filing under our Part 0 
rules, including the use of a protective order process to allow other 
those granted party status to the restricted proceeding access to the 
information on a confidential basis.
    Privacy Act: No impact(s).
    Needs and Uses: The purpose of requiring this collection is to 
comply

[[Page 48006]]

with Middle Class Tax Relief and Job Creation Act of 2012. The Middle 
Class Tax Relief and Job Creation Act of 2012 provides that ``the 
Governor shall choose whether to participate in the deployment of the 
nationwide, interoperable broadband network as proposed by [FirstNet,] 
or conduct its own deployment of a radio access network in such 
State.'' If a Governor chooses not to participate in the NPSBN, section 
6302(e)(3)(A) of the Act requires the Governor to ``notify [FirstNet], 
the NTIA, and the Commission of such decision.'' The Act also states 
that an opt-out state ``shall submit'' to the Commission an 
``alternative plan'' for ``the construction, maintenance, operation, 
and improvements'' of the RAN within the state. Section 3(C)(ii) of the 
Act mandates that ``upon submission of this plan, the Commission shall 
approve or disapprove of the plan.''
    We require that either the Governor or the Governor's his duly 
authorized designee may provide notification of the Governor's 
decision. The opt-out notification to the Commission must also include 
a certification that the state is providing simultaneous notice of its 
opt-out decision to both to NTIA and FirstNet. To facilitate the 
electronic filing of opt-out notifications, we will establish the email 
address <a href="/cdn-cgi/l/email-protection#6a051a1e47051f1e2a0c0909440d051c"><span class="__cf_email__" data-cfemail="92fde2e6bffde7e6d2f4f1f1bcf5fde4">[email protected]</span></a> as the address for this purpose.
    Each opt-out state will have 60 days from the completion of its 
Request For Proposal (240 days from the date of its opt-out 
notification to the Commission) to file an alternative state plan via 
the secure email address <a href="/cdn-cgi/l/email-protection#3857484c15574d4c785e5b5b165f574e"><span class="__cf_email__" data-cfemail="bdd2cdc990d2c8c9fddbdede93dad2cb">[email protected]</span></a> or via certified mail to the 
Secretary's office.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-22339 Filed 10-13-17; 8:45 am]
 BILLING CODE 6712-01-P


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