[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Rules and Regulations]
[Pages 7278-7279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02221]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 101

[WT Docket No. 10-153; FCC 12-87]


Facilitating the use of Microwave for Wireless Backhaul and Other 
Uses and Providing Additional Flexibility to Broadcast Auxiliary 
Service and Operational Fixed Microwave Licensees

AGENCY: Federal Communications Commission.

ACTION: Final rule; 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 associated with the Commission's Wireless 
Backhaul Second Report and Order (R&O), Facilitating the Use of 
Microwave for Wireless Backhaul and Other Uses and Providing Additional 
Flexibility to Broadcast Auxiliary Service and Operational Fixed 
Microwave Licensees.
    This notice is consistent with the R&O, which stated that the 
Commission would publish a document in the Federal Register announcing 
the effective date of the Rural Microwave Flexibility Policy.

DATES: The Rural Microwave Flexibility Policy was adopted on August 3, 
2012, in FCC 12-87, published in the Federal Register at 77 FR 54421, 
September 5, 2012, and effective on January 7, 2013.

FOR FURTHER INFORMATION CONTACT: John J. Schauble, Deputy Chief, 
Broadband Division, Wireless Telecommunications Bureau at (202) 418-
0797 or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on January 7, 
2013, OMB approved, for a period of three years, the information 
collection requirements contained in the Commission's R&O, FCC 12-87, 
published at 77 FR 54421 (September 5, 2012). The OMB Control Number is 
3060-0718. The Commission publishes this notice as an announcement of 
the effective date of the Rural Microwave Flexibility Policy. If you 
have any comments on the burden estimates listed below, or how the 
Commission can improve the collections and reduce any burdens caused 
thereby, please contact Judith B. Herman at (202) 418-0214 or via the 
Internet at [email protected].
    Please include the OMB Control Number, 3060-0718, in your 
correspondence. The Commission will also accept your comments via email 
at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
January 7, 2013, which contained new or modified information collection 
requirements for Fixed Service (FS) operators to comply with the Rural 
Microwave Flexibility Policy adopted in the Wireless Backhaul Second 
Report and Order, directing the Commission's Wireless 
Telecommunications Bureau to favorably consider waivers of the payload 
capacity requirements if FS applicants demonstrate compliance with 
certain criteria, and that the Rural Microwave Flexibility Policy would 
not be effective until approved by the Office of Management and Budget. 
The information collection was adopted in the Report and Order in WT 
Docket No. 10-153 which appears at 77 FR 54421 (September 5, 2012). The 
effective date of the rules adopted in that Report and Order was 
published as October 5, 2012, except for the Rural Microwave 
Flexibility Policy. Through this document, the Commission announces 
that it has received this approval (OMB Control No. 3060-0718, 
Expiration Date: January 31, 2016) and that the Rural Microwave 
Flexibility Policy became effective on January 7, 2013.

[[Page 7279]]

    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 current, valid OMB Control 
Number. The OMB Control Number is 3060-0718. The foregoing notice is 
required by the Paperwork Reduction Act of 1995, Public Law 104-13, 
October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0718.
    OMB Approval Date: January 7, 2013.
    OMB Expiration Date: January 31, 2016.
    Title: Part 101 Rule Sections Governing the Terrestrial Microwave 
Fixed Radio Service
    Form Number: N/A.
    Respondents: Business or other for-profit entities, not-for-profit 
institutions, federal government and state, local, or tribal 
government.
    Number of Respondents: 27,342 respondents; 27,342 responses.
    Estimated Time per Response: 1.2962475 hours.
    Frequency of Response: On occasion and 10 year reporting 
requirements, third party disclosure requirements and recordkeeping 
requirements.
    Obligation to Respond: Required to obtain or retain benefits or 
retain benefits. Statutory authority for this information collection is 
contained in 47 U.S.C. 151, 154(i), 301, 303(f), 303(g), 303(r), 307, 
308, 309, 310 and 316 of the Communications Act of 1934, as amended.
    Total Annual Burden: 35,442 hours.
    Total Annual Cost: $810,000.
    Nature and Extent of Confidentiality: No questions of a 
confidential nature are asked.
    Needs and Uses: On August 3, 2012, the Commission adopted the Rural 
Microwave Flexibility Policy, which directed the Wireless 
Telecommunications Bureau to favorably consider waivers of the 
requirements for payload capacity of equipment, if the applicants 
demonstrate equipment compliance with the following criteria:
    [cir] The interference environment would allow the applicant to use 
a less stringent Category B antenna (although the applicant could 
choose to use a higher performance Category A antenna);
    [cir] The applicant specifically acknowledges its duty to upgrade 
to a Category A antenna and come into compliance with the applicable 
efficiency standard if necessary to resolve an interference conflict 
with a current or future microwave link pursuant to Sec.  101.115(c);
    [cir] The applicant uses equipment that is capable of readily being 
upgraded to comply with the applicable payload capacity requirement, 
and provide a certification in its application that its equipment 
complies with this requirement;
    [cir] Each end of the link is located in a rural area (county or 
equivalent having population density of 100 persons per square mile or 
less);
    [cir] Each end of the link is in a county with a low density of 
links in the 4, 6, 11, 18, and 23 GHz bands;
    [cir] Neither end of the link is contained within a recognized 
antenna farm; and
    [cir] The applicant describes its proposed service and explains how 
relief from the efficiency standards will facilitate providing that 
service (e.g., by eliminating the need for an intermediate hop) as well 
as the steps needed to come into compliance should an interference 
conflict emerge.
    These requirements are necessary for the Commission staff to carry 
out its duties to determine whether applicants would be eligible for a 
waiver of the payload capacity requirements. In addition, the 
information is used to determine whether the public interest, 
convenience, and necessity are being served as required by 47 U.S.C. 
309. Without this information, the Commission would not be able to 
carry out its statutory responsibilities.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-02221 Filed 1-31-13; 8:45 am]
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