[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Page 43956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15870]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[GN 12-268; FCC 16-47]


Declaratory Ruling About Reimbursement of Pre-Auction Expenses

AGENCY: Federal Communications Commission.

ACTION: Declaratory ruling.

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SUMMARY: In this Declaratory Ruling, the Commission determined that the 
Spectrum Act's reimbursement mandate encompasses ``costs reasonably 
incurred'' prior to the close of the auction that otherwise are 
eligible for reimbursement.

DATES: This Declaratory Ruling is effective July 6, 2016. This 
Declaratory Ruling was applicable upon release by the Commission, April 
18, 2016.

FOR FURTHER INFORMATION CONTACT: Pamela Gallant, 202-418-0614.

SUPPLEMENTARY INFORMATION: The Spectrum Act requires the Commission to 
reimburse broadcast television licensees and multichannel video 
programming distributors (MVPDs), respectively, for ``costs reasonably 
incurred'' in relocating to new channels assigned in the repacking 
process and in order to continue to carry the signals of stations 
relocating to new channels. In the Incentive Auction R&O, the 
Commission established a process that requires eligible entities 
seeking reimbursement to provide an estimate of their eligible costs 
following the close of the forward auction and the release of the 
Channel Reassignment PN. The Commission did not address in the 
Incentive Auction R&O whether pre-auction expenses are eligible for 
reimbursement. Interested parties asked for clarification whether 
expenses incurred before the auction closes and the repacking results 
are announced are eligible for reimbursement, explaining that 
uncertainty regarding this issue discourages advance work that could be 
performed to expedite the post-auction transition for stations that are 
reassigned to new channels. In this Declaratory Ruling, the Commission 
interprets the statutory reimbursement mandate to include ``costs 
reasonably incurred'' before and during the auction that otherwise are 
eligible for reimbursement. Consistent with the Spectrum Act, only 
stations that ultimately are reassigned to a new channel in their pre-
auction band in the repacking process will be eligible for 
reimbursement of expenses incurred before and during the auction, which 
will be subject to the same reimbursement process as post-auction 
expenses. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified 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). The Commission will not send a copy of this Declaratory 
Ruling to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because no 
rules are being adopted by the Commission.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-15870 Filed 7-5-16; 8:45 am]
 BILLING CODE 6712-01-P