On June 27, 2013, the Commission released a Report and Order (R&O), FCC 13-88, WT Docket No. 12-357, in which it established service rules and competitive bidding procedures for the 1915-1920 MHz and 1995-2000 MHz bands. See Service Rules for the Advanced Wireless Services H Block-Implementing Section 6401 of the Middle Class Tax Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz and 1995-2000 MHz Bands, Report and Order, FCC 13-88, 28 FCC Rcd 9483 (2013). The R&O also implemented Section 6004 by requiring that a party seeking to participate in any auction conducted pursuant to the 2012 Spectrum Act certify in its application, under penalty of perjury, the applicant and all of the related individuals and entities required to be disclosed on its application are not person(s) who have been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant and thus statutorily prohibited from participating in such a Commission auction or being issued a license. In addition, the R&O determined that the National Security Certification required by Section 6004 extends to transfers, assignments, and other secondary market mechanisms involving licenses granted pursuant to the 2012 Spectrum Act. See H Block R&O, 28 FCC Rcd at 9555 ¶ 187. The Commission therefore seeks approval for a revision to its currently approved information collection on FCC Form 608 to include this additional certification. The revised collection will enable the Commission to determine whether an applicant's request for a license pursuant to the 2012 Spectrum Act is consistent with Section 6004.
Additionally, the form 608 is being revised to update the Alien Ownership certifications pursuant to the Second Report and Order, FCC 13-50, IB Docket 11-133, Review of Foreign Ownership Policies for Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as Amended.
The addition of the National Security Certification and the revision to the Alien Ownership certification result in no change in burden for the revised collection. The Commission estimates that the additional certification will not measurably increase the estimated average amount of time for respondents to complete FCC Form 608 across the range of applicants or for Commission staff to review the applications.
The required notifications and applications will provide the Commission with useful information about spectrum usage and helps to ensure that licensees and lessees are complying with Commission interference and non-interference related policies and rules. Similar information and verification requirements have been used in the past for licensees operating under authorizations, and such requirements will serve to minimize interference, verify lessees are legally and technically qualified to hold licensees. and ensure compliance with Commission rules.
This submission documents a non-substantive change request to an existing information collection pursuant to 44 U.S.C. § 3507. This submission seeks to make minor changes to FCC Form 608 used by Wireless Licensees to file applications for Transfers and Assignments of licenses authorizations and Spectrum Leases.
US Code:
47 USC 154(i), 154(j)
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 155, 158, 161
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 301, 303(r), 308, 309, 310
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 332
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 151
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 503
Name of Law: Communications Act of 1934, as amended
There are no program changes to this collection. There are adjustments/decreases to the annual burden hours of 3,964 hours which are due to the Commission miscalculating the burden hours in its previous submission to OMB. Also, there are adjustments/increases to the annual cost burden of $371,575 which are due to increases in the hourly consulting fees (attorney) for this collection.
$33,615
No
No
No
No
No
Uncollected
Dorothy Stifflemire 202 418-7349
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.