[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Rules and Regulations]
[Pages 57923-57924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23846]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 95-91; FCC 10-82]


Establishment of Rules and Policies for the Satellite Digital 
Audio Radio Service in the 2310-2360 MHz Frequency Band

AGENCY: Federal Communications Commission.

ACTION: Final rules; 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, for a period of three years, 
the information collection requirements contained in the Satellite 
Digital Audio Radio Service (SDARS) Second Report and Order. The 
information collection requirements were approved on July 5, 2011 by 
OMB.

DATES: The amendments to 47 CFR 25.144(e)(3), 25.144(e)(8), 
25.144(e)(9), 25.263(b) and 25.263(c), published at 75 FR 45058, August 
2, 2010, are effective on September 19, 2011.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Cathy Williams on (202) 418-2918 or via e-mail to: 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that on July 5, 2011 
OMB approved, for a period of three years, the information collection 
requirements contained in 47 CFR 25.144 and 25.263. The Commission 
publishes this document to announce the effective date of these rule 
sections. See Satellite Digital Audio Radio Service (SDARS) Second 
Report and Order (FCC 10-82; IB Docket No. 95-91), 75 FR 45058, August 
2, 2010.

Synopsis

    As required by the Paperwork Reduction Act of 1995, (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval on July 5, 2011, for the information collection requirement 
contained in 47 CFR 25.144 and 25.263. 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 valid OMB Control Number.
    The OMB Control Number is 3060-1153 and the total annual reporting 
burdens for respondents for this information collection are as follows:
    Title: Satellite Digital Audio Radio Service (SDARS).
    Form Number: Not applicable.
    Type of Review: New collection.
    OMB Control Number: 3060-1153.
    OMB Approval Date: 07/05/2011.
    OMB Expiration Date: 07/31/2014.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 1 respondent; 74 responses.
    Estimated Time per Response: 4-12 hours
    Frequency of Response: On occasion filing requirement, 
recordkeeping requirement and third party disclosure requirement.
    Obligation to Respond: The information collection requirements 
accounted for in this collection are necessary to determine the 
technical and legal qualifications of SDARS applicants or licensees to 
operate a station, transfer or assign a license, and to determine 
whether the authorization is in the public interest, convenience, and 
necessity. The statutory authority for this information collection is 
contained in Sections 4, 301, 302, 303, 307, 309 and 332 of the 
Communications Act, as amended, and 47 U.S.C. 154, 301, 302a, 303, 307, 
309, and 332.
    Total Annual Burden: 400 hours.
    Annual Cost Burden: $171,320.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Needs and Uses: On May 20, 2010, the Commission adopted and 
released a Second Report and Order titled, ``In the Matter of 
Establishment of Rules and Policies for the Digital Audio Radio 
Satellite Service in the 2310-2360 MHz Frequency Band,'' IB Docket No. 
95-91, GEN Docket No. 90-357, RM-8610, 25 FCC Rcd 11710 (2010). In this 
Second Report and Order, the Commission adopted a framework for the 
regulation of SDARS terrestrial repeaters. First, the Commission 
adopted technical rules governing the operation of SDARS repeaters that 
will not unduly constrain the deployment of SDARS repeaters, but that 
will, at the same time, limit the potential for harmful interference to 
adjacent spectrum users in the Wireless Communications Service (WCS). 
Second, the Commission adopted a blanket-licensing regime to facilitate 
the flexible deployment of SDARS repeaters, which are necessary to 
ensure a high quality service to the public, while ensuring that such 
repeater operations comply with the Commission's rules regarding RF 
safety, antenna marking and lighting, and equipment authorization, as 
well as with international agreements. The Commission adopted a site-
by-site licensing regime for repeater operations that did not qualify 
for blanket licensing. Finally, the Commission addressed other issues 
regarding SDARS repeater operations that are not associated with the 
interference concerns raised by WCS licensees. Specifically, the 
Commission adopted rules to ensure that SDARS repeaters remain truly 
complementary to a satellite-based service, and that SDARS

[[Page 57924]]

terrestrial repeaters are not used to transmit local programming or 
advertising.
    47 CFR 25.144(e)(3)--SDARS licensee shall, before deploying any 
new, or modifying any existing, terrestrial repeater, notify 
potentially affected WCS licensees pursuant to the procedure set forth 
in 25.263.
    47 CFR 25.144(e)(8)--SDARS licensees must file an earth station 
application using Form 312 to obtain blanket authority for terrestrial 
repeaters operating at 12 kW EIRP (average) or less and in compliance 
with FCC rules; application must include certain parameters of 
operation and a certification that the proposed SDARS terrestrial 
repeater operations will comply with all the rules adopted for such 
operations.
    47 CFR 25.144(e)(9)--The operation of non-compliant repeaters and/
or repeaters operating above 12 kW EIRP (average) must be applied for 
and authorized under individual site-by-site licenses using Form 312 
and appropriate waiver of the Commission's rules.
    47 CFR 25.263(b)--SDARS licensees are required to provide 
informational notifications as specified in 25.263, including 
requirement that SDARS licensees must share with WCS licensees certain 
technical information at least 10 business days before operating a new 
repeater, and at least 5 business days before operating a modified 
repeater.
    47 CFR 25.263(c); Recordkeeping/Third party disclosure--SDARS 
licensees operating terrestrial repeaters must maintain an accurate and 
up-to-date inventory of terrestrial repeaters operating above 2 W EIRP, 
including the information set forth in 25.263(c)(2) for each repeater, 
which shall be made available to the Commission upon request. 
Requirement can be satisfied by maintaining inventory on a secure Web 
site that can be accessed by authorized Commission staff.
    Not codified (para. 278 of Order)--SDARS licensees must provide 
potentially affected WCS licensees with an inventory of their 
terrestrial repeater infrastructure.

Federal Communications Commission.
Avis Mitchell,
Federal Register Liaison, Office of the Secretary, Office of Managing 
Director.
[FR Doc. 2011-23846 Filed 9-16-11; 8:45 am]
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