[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Pages 4920-4922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01702]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 14-157; DA 14-1871]


Termination of Dormant Proceedings

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the Consumer and Governmental Affairs Bureau 
(CGB), terminates, as dormant, certain docketed Commission proceedings. 
The Commission believes that termination of these proceedings furthers 
the Commission's organizational goals of increasing the efficiency of 
its decision-making, modernizing the agency's processes in the digital 
age, and enhancing the openness and transparency of Commission 
proceedings for practitioners and the public.

DATES: Effective January 29, 2015.

FOR FURTHER INFORMATION CONTACT: Gayle Radley Teicher, Consumer and 
Governmental Affairs Bureau at (202) 418-1515 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Order, Termination of Certain Proceedings as Dormant, document DA 14-
1871, adopted on December 22, 2014, and released on December 22, 2014 
in CG Docket No. 14-157.
    The full text of document DA 14-1871 and copies of any subsequently 
filed documents in this matter will be available for public inspection 
and copying via ECFS, and during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. Document DA 14-1871 can also be downloaded 
in Word or Portable Document Format (PDF) at http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db1222/DA-14-1871A1.pdf. The 
spreadsheet associated with document DA 14-1871 listing the proceedings 
proposed for termination for dormancy is available in Word or Portable 
Document Format at http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db1222/DA-14-1871A2.pdf.
    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) or (202) 418-0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

    Document DA 14-1871 does not contain information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any information 
collection burden for small business concerns with fewer than 25 
employees, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Synopsis

    1. In document DA 14-1871, the Consumer and Governmental Affairs 
Bureau (CGB) terminates, as dormant, the proceedings listed on the 
Attachment hereto. CGB believes that termination of these proceedings 
furthers the Commission's organizational goals of increasing the

[[Page 4921]]

efficiency of its decision-making, modernizing the agency's processes 
in the digital age, and enhancing the openness and transparency of 
Commission proceedings for practitioners and the public. In addition, 
on the basis of further evaluation, CGB leaves open three proceedings 
included in the Fourth Dormant Proceedings Termination Public Notice, 
published at 79 FR 59769, October 3, 2014, namely Promoting 
Interoperability in the 700 MHz Commercial Spectrum, WT Docket No. 12-
69, AT&T and Cellco Partnership D/B/A Verizon Wireless Seek FCC Consent 
to Assign or Transfer Control of Licenses and Authorizations and Modify 
a Spectrum Leasing Arrangement, WT Docket No. 09-104, and Atlantic 
Tele-Network, Inc. and Verizon Wireless seek FCC Consent to Transfer 
Licenses and Authorizations, WT Docket No. 09-119.
    2. On February 4, 2011, the Commission released a Report and Order 
that, inter alia, amended Sec.  0.141 of the Commission's 
organizational rules to delegate authority to the Chief, CGB to conduct 
periodic review of all open dockets with the objective of terminating 
those that were inactive. The Commission stated that termination of 
such proceedings also will include the dismissal as moot of any pending 
petition, motion, or other request for relief in the terminated 
proceeding that is procedural in nature or otherwise does not address 
the merits of the proceeding.
    3. Following the release of the Procedure Order, 76 FR 24383, May 
2, 2011, CGB, in consultation with the relevant other bureaus and 
offices, conducted a review of all open dockets and identified those 
dockets that could potentially be terminated. As a result of that 
process, CGB issued the First Dormant Proceedings Termination Public 
Notice, published at 76 FR 35892, June 20, 2011, listing the open 
dockets under consideration for termination, and providing interested 
parties the opportunity to file comments on these proposed 
terminations. Following these procedures, by Order released November 1, 
2011, CGB terminated, as dormant the docketed proceedings listing in 
the attachment thereto. See 76 FR 70902, November 16, 2011. On February 
15, 2012, CGB released the Second Dormant Proceedings Termination 
Public Notice, published at 77 FR 13322, March 6, 2012, listing open 
dockets under consideration for termination. On September 27, 2012, CGB 
released the Second Dormant Proceedings Termination Order, published at 
77 FR 60934, October 5, 2012, in which it terminated as dormant the 
proceedings listed in the attachment thereto, located at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1545A1.pdf. On June 
30, 2014, CGB released the Third Dormant Proceedings Termination Public 
Notice, published at 79 FR 42320, July 21, 2014. On September 15, 2014, 
CGB released the Third Dormant Proceedings Termination Order, published 
at 79 FR 58344, September 29, 2014, in which it terminated as dormant 
the proceedings listed in the attachment thereto, located at http://www.fcc.gov/article/da-14-1329a2.
    4. On September 18, 2014, CGB released the Fourth Dormant 
Proceedings Termination Public Notice, published at 79 FR 59769, 
October 2, 2014. In response to the Fourth Dormant Proceedings 
Termination Public Notice, CGB received two comments requesting that 
certain proceedings noted in the Public Notice remain open.
    5. Based on CGB's review of the record received in response to the 
Fourth Dormant Proceedings Termination Public Notice, it terminates the 
proceedings listed in document DA 14-1871 and leaves open three 
proceedings that had been listed in Attachment A to the Fourth Dormant 
Proceedings Termination Public Notice. See https://apps.fcc.gov/edocs_public/attachmatch/DA-14-1354A2.pdf. After review of the comments 
and CGB's further evaluation, it has determined that WTB Dockets No. 
12-69, 09-104 and 09-119 will remain open and will not be terminated at 
this time. For the reasons set out below, CGB declines the request of 
the Children's Media Policy Coalition that MB Docket No. 04-261 remain 
open.
    6. The Children's Media Policy Coalition (MB Docket No. 04-261). 
The Children's Media Policy Coalition asks that MB Docket No. 04-261 
(Violent Television Programming and Its Impact on Children, Report) 
remain open ``in order to allow for more discussion on ways ratings 
systems could be used and applied in today's media environment.'' CGB 
does not find that closing MB Docket No. 04-261 will deter the 
discussion of television ratings systems. In this connection, CGB notes 
that another open proceeding has taken up a full review of this issue. 
MB Docket No. 04-261 was initiated to address a request from members of 
Congress to undertake an inquiry on television violence; further, that 
task was completed by the issuance of a Report in 2007. Since 2009, the 
docket has been inactive. Thus, CGB declines the Children's Media 
Policy Coalition's request and will terminate MB Docket No. 04-261. The 
Children's Media Policy Coalition also seeks clarification that 
termination of MB Docket No. 09-194 does not affect MM Docket No. 00-
167. In response to that request, CGB hereby confirms that the status 
of MM Docket No. 00-167 is not affected by document DA 14-1871.
    7. Competitive Carriers Association (WT Docket No. 12-69). On 
October 28, 2014, the Competitive Carriers Association (CCA) filed a 
letter in this proceeding requesting that WT Docket No. 12-69 
(Promoting Interoperability in the 700 MHz Commercial Spectrum) be 
removed from the list of dormant proceedings designated for 
termination. CCA states that the Report and Order in this proceeding 
approved the implementation of a voluntary industry solution to 
establish interoperable LTE service in the Lower 700 MHz band. As a 
part of this voluntary industry solution, the Commission adopted 
license conditions for AT&T to hold the Lower 700 MHz B and C Block 
licenses, which includes the requirements that (1) AT&T deploy the 
Multi-Frequency Band Indicator software feature and transition to Band 
Class 12 capable devices; and (2) AT&T comply with reporting 
requirements by filing reports in WT Docket No. 12-69 that provide 
information on AT&T's progress in meeting these commitments. In light 
of the ongoing reporting of AT&T's progress in this docket, CGB agrees 
with CCA that this docket should not be closed. Accordingly, CGB will 
not terminate this proceeding at this time and it will remain open.
    8. AT&T and Cellco Partnership D/B/A Verizon Wireless Seek FCC 
Consent to Assign or Transfer Control of Licenses and Authorizations 
and Modify a Spectrum Leasing Arrangement (WT Docket No. 09-104). Upon 
further review, CGB concludes that this docket was erroneously included 
on the list of dockets slated for closure attached to document DA 14-
1354. There is currently pending a petition for reconsideration of the 
Commission's order in this docket, and this petition for 
reconsideration will be addressed in the near future. Accordingly, this 
docket will remain open.
    9. Atlantic Tele-Network, Inc. and Verizon Wireless seek FCC 
Consent to Transfer Licenses and Authorizations (WT Docket No. 09-119). 
Upon further review, CGB concludes that this docket was erroneously 
included on the list of dockets slated for closure attached to document 
DA14-1354. There is currently pending two applications for review of an 
order issued by the Wireless Telecommunications Bureau.

[[Page 4922]]

These applications for review will be addressed in the future. 
Accordingly, this docket will remain open.
    10. Upon publication of document DA 14-1871 in the Federal 
Register, these proceedings will be terminated in the Electronic 
Comment Filing System (ECFS). The record in the terminated proceedings 
will remain part of the Commission's official records, and the various 
pleadings, orders, and other documents in these dockets will continue 
to be accessible to the public, post-termination.

Regulatory Flexibility Act

    11. The Commission's action does not require notice and comment and 
is not subject to the Regulatory Flexibility Act of 1980, as amended. 
See 5 U.S.C. 601(2), 603(a). The Commission nonetheless notes that it 
anticipates that the rules adopted will not have a significant economic 
impact on a substantial number of small entities. As described above, 
the Commission primarily changes its own internal procedures and 
organizations and does not impose substantive new responsibilities on 
regulated entities. There is no reason to believe termination of 
certain dormant proceedings would impose significant costs on parties 
to Commission proceedings. To the contrary, the Commission takes the 
actions herein with the expectation that overall they will make 
dealings with the Commission quicker, easier, and less costly for 
entities of all size.

Congressional Review Act

    The Commission will not send a copy of document DA 14-1871 pursuant 
to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the 
Commission is not adopting, amending, revising, or deleting any rules.

Ordering Clauses

    Pursuant to the authority contained in sections 4(i), and 4(j) of 
the Communications Act, 47 U.S.C. 154(i) and (j), and Sec.  0.141 of 
the Commission's rules, that the proceedings set forth in document DA 
14-1871 are terminated.

Federal Communications Commission.
Kris Anne Monteith,
Acting Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2015-01702 Filed 1-28-15; 8:45 am]
BILLING CODE 6712-01-P