Rule2024-02864
Partitioning, Disaggregation, and Leasing of Spectrum
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2024
Effective
February 15, 2024
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11743-11745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02864]
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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.
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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
<a href="/cdn-cgi/l/email-protection#783b190c1001562f1114141119150b381e1b1b561f170e"><span class="__cf_email__" data-cfemail="b9fad8cdd1c097eed0d5d5d0d8d4caf9dfdada97ded6cf">[email protected]</span></a>.
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
Sec. Sec. 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
[[Page 11744]]
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 for-profit 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
Sec. 1.950 or full assignments pursuant to Sec. 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 Sec. 1.60003 or Sec. 1.60004. Respondents will also certify
via attachment to FCC Form 603 for the purpose of certifying compliance
with Sec. 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.
[[Page 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 long-term 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 Sec. 1.60003 or Sec. 1.60004. A certification is
also included via attachment to FCC Form 608 for the purpose of
certifying compliance with Sec. 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
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