[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Notices]
[Pages 49458-49459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19175]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted for 
Review to the Office of Management and Budget

July 31, 2008.
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(s), as required by the Paperwork 
Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. 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.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before September 22, 2008. If you anticipate that you 
will be submitting PRA comments, but find it difficult to do so within 
the period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, (202) 395-5887, or via fax at 202-395-5167 or 
via Internet at [email protected] and to Judith-B. 
[email protected], Federal Communications Commission, or an e-mail to 
[email protected]. To view a copy of this information collection request 
(ICR) submitted to OMB: (1) Go to the web page http://reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called 
``Currently Under Review'', (3) click on the downward-pointing arrow in 
the ``Select Agency'' box below the ``Currently Under Review'' heading, 
(4) select ``Federal Communications Commission'' from the list of 
agencies presented in the ``Select Agency'' box, (5) click the 
``Submit'' button to the right of the ``Select Agency'' box, and (6) 
when the list of FCC ICRs currently under review appears, look for the 
title of this ICR (or its OMB Control Number, if there is one) and then 
click on the ICR Reference Number to view detailed information about 
this ICR.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Judith B. Herman at 202-418-
0214 or via the Internet at Judith-B.[email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-1008.
    Title: Section 27.50, Power and Antenna Height Limits; and Section 
27.602, Guard Band Manager Agreements.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit and state, local and 
tribal government.
    Number of Respondents: 580 respondents; 580 responses.
    Estimated Time per Response: .50-6 hours average burden per 
response.
    Frequency of Response: On occasion reporting requirement, 
recordkeeping requirement, and third party disclosure requirement.
    Obligation to Respond: Mandatory.
    Total Annual Burden: 631 hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: The Commission will submit this information 
collection (IC) to the OMB as a revision during this comment period to 
obtain the full three-year clearance from them.
    The FCC adopted and released a Report and Order in FCC 07-72 in 
April 2007 which contained modified information collection 
requirements. Additionally, the Commission is revising this information 
collection to consolidate two information collections (ICs) into one 
comprehensive (IC). After OMB approves 3060-1008, the Commission will 
discontinue 3060-1027 and retain 3060-1008 as the active

[[Page 49459]]

OMB Control Number in OMB's inventory.
    The April 2007 Report and Order made two changes. First 47 CFR 
27.50(c)(5) now designated as 27.50(c)(8) and its scope is changed 
slightly. The section previously covered stations operating ``at a 
power level greater than 1 Kw ERP'' and is now ``under the provisions 
of (c)(6),'' which defines the group as ``transmitting a signal at an 
ERP greater than 1000 watts and greater than 1000 watts/MHz'' or in 
rural counties ``if transmitting a signal with an ERP greater than 2000 
watts and greater than 2000 watts/MHz.''
    Specifically, lower 700 MHz licensees intending to operate a base 
or fixed station at a power level permitted under the provisions of 
paragraph (c)(6) must provide advanced notice of such operation to the 
Commission and to licensees authorized in their area of operation. 
Licensees who must be notified are all licensees authorized under this 
part to operate on an adjacent spectrum block within 75 miles (120 km) 
of the base or fixed station, including the station's ERP, antenna 
coordinates, antenna height above ground, and vertical antenna pattern, 
and such notifications must be provided at least 90 days prior to the 
commencement of station operation. Second, in relation to lower 700 MHz 
service rules, in the April 2007 Report and Order, the Commission, in 
response to proposals by parties seeking greater power limits for rural 
area operations, permits power levels of up to 2 kw/MHz ERP in rural 
areas. In an effort to be consistent with its Part 27 rules with 
respect to the Advanced Wireless Service (AWS), the Commission allowed 
rural licensees operating with bandwidths less than one megahertz to 
operate at power levels up to 2 kW ERP over their bandwidth, but at the 
same time imposed on licensees operating at such increased power levels 
a requirement to coordinate with other licensees in nearby areas 
similar to that requirement applied to similarly-situated AWS licensees 
under 47 CFR 27.50(d)(1).
    Specifically, section 27.50(c)(5)(i) and (ii) requires that lower 
700 MHz licensees seeking to operate a fixed or base station located in 
a county with population density of 100 or fewer persons per square 
mile, based upon the most recently available population statistics from 
the Bureau of the Census, and transmitting a signal at an ERP greater 
than 1000 watts must:
    (i) Coordinate in advance with all licensees authorized to operate 
in the 698-764 MHz and 776-794 MHz bands within 120 kilometers (75 
miles) of the base or fixed station;
    (ii) Coordinate in advance with all regional planning committees, 
as identified in section 90.527 of FCC's rules, with jurisdiction 
within 120 kilometers (75 miles) of the base or fixed station.

    Note: The notification requirement in section 27.50(c)(5) 
includes a material change to the collection instrument in that more 
stations may be captured by the regulation if they take advantage of 
the new power limits.

    Finally, in relation to the Guard Bands service rules, the April 
2007 Report and Order replaced the ``band manager'' leasing regime 
which previously applied to Guard Bands licensees with spectrum leasing 
policies and rules adopted in the Secondary Markets proceeding in WT 
Docket 00-230, to provide Guard Band licensees and spectrum users 
additional flexibility to enter into spectrum leasing agreements. 
Because the Commission will now apply the different spectrum leasing 
rules, the requirement previously found in OMB Control Number 3060-
1027, pursuant to 47 CFR 27.602, was revised to reflect the change in 
leasing policies.
    Pursuant to 47 CFR 27.602, Guard Band Managers are required to 
enter into written agreements regarding the use of their licensed 
spectrum by others, subject to certain conditions outlined in the 
rules. Section 27.602(h) requires Guard Band Managers to maintain their 
written agreements with spectrum users at their principal place of 
business, and retain such records for at least two years after the date 
such agreements expire. Such records shall be kept current and made 
available upon request for inspection by the Commission or its 
representatives.
    The service rules have been designed to promote the development and 
rapid deployment of new technologies, products and services for the 
benefit of the public; to promote economic opportunity and competition; 
and to create an efficient and intensive use of the spectrum by 
promoting the objectives identified in 47 U.S.C. 309(j), and to 
alleviate any problems associated with the increased power limits 
available to rural licensees.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-19175 Filed 8-20-08; 8:45 am]
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