[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Notices]
[Pages 45812-45813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23019]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission

August 20, 1998.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection, as required by the Paperwork 
Reduction Act of 1995, Pub. L. 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid 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 (PRA) that does not display a valid control 
number. Comments are requested concerning (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.


[[Page 45813]]


DATES: Persons wishing to comment on this information collection should 
submit comments by October 26, 1998. If you anticipate that you will be 
submitting comments, but find it difficult to do so within the period 
of time allowed by this notice, you should advise the contact listed 
below as soon as possible.

ADDRESSES: Direct all comments to Les Smith, Federal Communications 
Commission, Room 234, 1919 M St., NW, Washington, DC 20554 or via 
internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Les Smith at 202-418-0217 or via 
internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Approval Number: 3060-0656.
    Title: Application to Participate in an FCC MDS Auction.
    Form Number: FCC 175-M.
    Type of Review: Extension of currently approved collection.
    Respondents: Businesses, or other-for-profit entities.
    Number of Respondents: 50.
    Estimated Time Per Response: 40 minutes (10 minutes/respondent + 30 
minutes/contracting attorney).
    Frequency of Response: On occasion reporting requirements.
    Total Annual Burden: 2 hours.
    Cost to Respondents: $5,000.
    Needs and Uses: On 6/15/95, the Commission adopted a Report and 
Order in MM Docket No. 94-131 and PP Docket No. 93-253, Amendment of 
Parts 21 and 74 of the Commission's Rules with Regard to Filing 
Procedures in the Multipoint Distribution Service and in the 
Instructional Television Fixed Service and Implementation of Section 
309(j) of the Communications Act--Competitive Bidding. The purpose of 
this Report and Order was to streamline the procedures for filing MDS 
applications and facilitate the development and rapid deployment of 
wireless cable services. Among other things, this Report and Order 
establishes competitive bidding rules and procedures for the Multipoint 
Distribution Service (MDS). The Commission determined that simultaneous 
multiple round bidding would be used in the MDS auctions.
    For the MDS auctions, the Commission determined that designated 
entities would only include small businesses. Due to the differing 
criteria for establishing designated entity status, the Commission 
created FCC 175M. This form essentially has the same data elements as 
the current FCC 175 (3060-0600). The form FCC 175-M is tailored for use 
only by MDS applicants.
    The information will be used by FCC staff to determine whether the 
applicant is legally, technically and otherwise qualified to 
participate in the auction. The rules and requirements were designed to 
ensure that the competitive bidding process is limited to serious, 
qualified applicants and to deter possible abuses of the bidding and 
licensing processes.
    OMB Approval Number: 3060-0658.
    Title: Section 21.960, Designated entity provisions of MDS.
    Form Number: N/A.
    Type of Review: Extension of currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents: 75.
    Estimated Hours Per Response: 1-2 hours (1 hour for records 
maintenance; 2 hours for designated entity exhibits: 1 hour/respondent 
+ 1 hour/contract attorney).
    Frequency of Response: Recordkeeping; On occasion reporting 
requirements.
    Total Annual Burden: 75 hours.
    Cost to Respondents: $4,000.
    Needs and Uses: Section 21.960(e) requires winning bidders who are 
designated entities (small businesses) to file with its long-form 
application or statement of intention an exhibit which includes 
eligibility requirements as listed in Section 21.960(e). This exhibit 
should also list and summarize all agreements that affect designated 
entity status.
    Section 21.960(f) requires all holders of BTA authorizations 
acquired by auction that claim designated entity status to maintain, at 
their principal place of business or with their designated agent, an 
updated documentary file of ownership and revenue information necessary 
to establish their status. All BTA authorization holders claiming 
eligibility under designated entity provisions are subject to audits 
under Section 21.960(g). Selection for an audit may be random, on 
information from any source, or on the basis of other factors. These 
audits may include inspection of the BTA holders' books, documents and 
other materials sufficient to confirm that such holders' 
representations are, and remain, accurate.
    The exhibit submitted under Section 21.960(e) is necessary for the 
Commission to determine whether the applicant is qualified as a 
designated entity (small business) and therefore eligible for special 
measures including installment payments, reduced up-front payments and 
bidding credits. The records maintenance and audit provisions of 
Sections 21.960(f) and (g) are necessary to prevent abuse of the 
special measures offered to those MDS auction winners claiming 
designated entity status. These provisions requiring the retention of 
records should not prove overly burdensome, and they will help to 
ensure that only entities eligible under the auction rules will be able 
to take advantage of the designated entity measures.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-23019 Filed 8-26-98; 8:45 am]
BILLING CODE 6712-01-P