[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37660-37661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16152]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[GEN Docket No. 86-285; FCC 11-98]


Amendment of the Schedule of Application Fees Set Forth In 
Sections 1.1102 Through 1.1109 of the Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules to clarify 
that winning bidders in auctions of commercial broadcast spectrum are

[[Page 37661]]

required to submit an application filing fee with their post-auction 
long-form applications. This clarification is intended to rectify a 
possible inconsistency throughout the Commission's rules, and in an 
earlier Commission Order.

DATES: Effective June 28, 2011.

ADDRESSES: Roland Helvajian, Federal Communications Commission, Office 
of the Managing Director, Revenue and Receivables Operations Group, 445 
12th Street, SW., Washington, DC 20445.

FOR FURTHER INFORMATION CONTACT: Roland Helvajian, Office of the 
Managing Director, Revenue and Receivables Operations Group, (202) 418-
0444 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Order, FCC 11-98, adopted June 17, 2011, and released June 20, 2011.

Synopsis of Order

    1. In the Notice of Proposed Rulemaking (NPRM) in this proceeding, 
the Commission proposed to clarify the rules on payment of post-auction 
long-form filing fees by winning bidders in auctions of construction 
permits in the broadcast services. It noted an inconsistency between 
Implementation of Section 309(j) of the Communications Act--Competitive 
Bidding for Commercial Broadcast and Instructional Television Fixed 
Service Licenses, First Report and Order (13 FCC Rcd 15920, 15984-85 
para. 164 (1998)), in which the Commission required that winning 
broadcast auction bidders pay filing fees with their post-auction long-
form applications, and 47 CFR 1.1104, the Schedule of Charges for Media 
Bureau Service filings, which requires payment of a fee when the long-
form application is filed, on the one hand, and 47 CFR 1.2107(c), which 
suggests that a filing fee need not accompany a high bidder's long-form 
application, on the other. To rectify this inconsistency and conform 
the rules to the Commission's stated intent in the Broadcast 
Competitive Bidding First Report and Order, the Commission proposed in 
the NPRM to amend 47 CFR 1.2107(c) to read, ``Except as otherwise 
provided in Sec.  1.1104 of the rules, high bidders need not submit an 
additional application fee with their long-form applications.'' By 
amending 47 CFR 1.2107(c), the Commission clarifies that high bidders 
filing long-form applications for media services must still pay any 
fees required by 47 CFR 1.1104 when filing their post-auction long-form 
application.
    2. The Commission received no comments or reply comments regarding 
the proposed rule change. Therefore, the Commission adopts the change 
to 47 CFR 1.2107(c) as set forth herein.

Ordering Clauses

    3. The rule adopted in this Second Order is a rule of agency 
procedure that does not substantially affect the rights or obligations 
of non-agency parties, and is exempt from the requirements of the 
Congressional Review Act pursuant to 5 U.S.C. 804(3)(C).
    4. It is ordered that the Commission's rules are hereby amended as 
set forth herein.
    5. It is further ordered that the rule change in this Second Order 
will become effective June 28, 2011.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 to read as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  15 U.S.C. 79 et seq; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.


0
2. Section 1.2107 is amended by revising paragraph (c) to read as 
follows:


Sec.  1.2107  Submission of down payment and filing of long-form 
applications.

* * * * *
    (c) A high bidder that meets its down payment obligations in a 
timely manner must, within ten (10) business days after being notified 
that it is a high bidder, submit an additional application (the ``long-
form application'') pursuant to the rules governing the service in 
which the applicant is the high bidder. Except as otherwise provided in 
Sec.  1.1104, high bidders need not submit an additional application 
filing fee with their long-form applications. Specific procedures for 
filing applications will be set out by Public Notice. Ownership 
disclosure requirements are set forth in Sec.  1.2112. Beginning 
January 1, 1999, all long-form applications must be filed 
electronically. An applicant that fails to submit the required long-
form application under this paragraph and fails to establish good cause 
for any late-filed submission, shall be deemed to have defaulted and 
will be subject to the payments set forth in Sec.  1.2104.
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[FR Doc. 2011-16152 Filed 6-27-11; 8:45 am]
BILLING CODE 6712-01-P