[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11743-11745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02864]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 19-38; FCC 22-53; FR ID 201552]


Partitioning, Disaggregation, and Leasing of Spectrum

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 the information collection 
requirements under OMB Control Numbers 3060-0798, 3060-0800, and 3060-
1058 associated with the rules adopted in the Report and Order and 
Second Further Notice of Proposed Rulemaking, FCC 22-53, governing the 
partitioning, disaggregation, and leasing of spectrum, and that 
compliance with these rules is now required. This document is 
consistent with the Report and Order and Second Further Notice of 
Proposed Rulemaking, which states that the Commission will publish a 
document in the Federal Register announcing the effective date for 
these revised rule sections and revising the rules accordingly.

DATES: The additions of 47 CFR 1.60001 through 1.60007, published at 87 
FR 57403, September 20, 2022, and delayed indefinitely, are effective 
February 15, 2024.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, Office of the Managing 
Director, Federal Communications Commission, at (202) 418-2918 or 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirements in 47 CFR 1.60001-1.60007 on 
September 25, 2023, December 5, 2023, and January 18, 2024, 
respectively. These rule sections were adopted in the Report and Order 
and Second Further Notice of Proposed Rulemaking, FCC 22-53. The 
Commission publishes this document as an announcement of the immediate 
effective date for these revised rules. Published elsewhere in this 
issue of the Federal Register is a document making corrections to 
Sec. Sec.  1.60001, 1.60002, 1.60006, and 1.660007.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received final 
OMB approvals on September 25, 2023, December 5, 2023, and January 18, 
2024, respectively, for the information collection requirements 
contained in 47 CFR 1.60001-1.60007. 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 Numbers for the information collection requirements in 47 CFR 
1.60001-1.60007 are 3060-0798, 3060-0800, and 3060-1058.
    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: 3060-0798.
    OMB Approval Date: September 25, 2023.
    OMB Expiration Date: September 30, 2026.
    Title: FCC Authorization for Radio Service Authorization; Wireless 
Telecommunications Bureau; Public Safety and Homeland Security Bureau.
    Form Number: FCC Form 601.
    Respondents: Individual and households, Business or other for-
profit entities, state, local, or tribal government, and not for profit 
institutions.
    Estimated Number of Respondents and Responses: 255,552 respondents; 
255,552 responses.
    Estimated Time per Response: 0.5 to 1.25 hours.
    Frequency of Response: Recordkeeping requirement; third party 
disclosure requirement, on occasion reporting requirement and periodic 
reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in 47 U.S.C. 
151, 152, 154, 154(i), 155(c), 157, 201, 202, 208, 214, 301, 302a, 303, 
307, 308, 309, 310, 311, 314, 316, 319, 324, 331, 332, 333, 336, 534, 
535, and 554 of the Communications Act of 1934.
    Estimated Total Annual Burden: 225,808 hours.
    Total Annual Cost: $72,474,000.
    Needs and Uses: On July 18, 2022, the Commission released a Report 
and Order and Second Further Notice of Proposed Rulemaking, 
Partitioning, Disaggregation, and Leasing of Spectrum, WT Docket No. 
19-38, FCC

[[Page 11744]]

22-53, in which the Commission established the Enhanced Competition 
Incentive Program (ECIP) to establish incentives for wireless radio 
service licensees to make underutilized spectrum available to small 
carriers, Tribal Nations, and entities serving rural areas (ECIP Report 
and Order in WT Docket No. 19-38, FCC 22-53). In the Report and Order, 
the Commission adopted a program under which any covered geographic 
area licensee may offer spectrum to an unaffiliated eligible entity 
through a partition and/or disaggregation, and any covered geographic 
area licensee eligible to lease in an included service may offer 
spectrum to an unaffiliated eligible entity through a long-term leasing 
arrangement. If the FCC finds that approval of an ECIP eligible 
assignment or lease is in the public interest, the agency will consent 
to the transaction and confer benefits, including five-year license 
term extensions, one year construction extensions, and substituted 
alternative construction requirements for rural-focused transactions.
    In establishing the ECIP, the Commission requires applicants 
seeking to participate in the program to submit certain information 
that shows the transaction qualifies for ECIP inclusion. The Commission 
found that the ECIP builds on Congressional goals in the MOBILE NOW Act 
to incentivize beneficial transactions in the public interest that will 
promote greater competition in the provision of wireless services, 
facilitate increased availability of advanced wireless services in 
rural areas, facilitate new opportunities for small carriers and Tribal 
Nations to increase access to spectrum, and bring more advanced 
wireless service including 5G to underserved communities. The ECIP 
related change created a new Schedule O, similar to schedule K, that 
will be used by certain ECIP Licensees to file either their Initial 
Operation Requirement Notifications (IORN) or their Final Operation 
Requirement Notifications (FORN), as required by 47 CFR 1.60004, 
1.60006.

    OMB Control Number: 3060-0800.
    OMB Approval Date: December 5, 2023.
    OMB Expiration Date: December 31, 2026.
    Title: FCC Application for Assignments of Authorization and 
Transfers of Control: Wireless Telecommunications Bureau and Public 
Safety and Homeland Security Bureau.
    Form Number: FCC Form 603.
    Respondents: Business or other for-profit entities, Individuals or 
households, not-for-profit institutions, and State, Local or Tribal 
Governments.
    Estimated Number of Respondents and Responses: 2,567 respondents; 
2,567 responses.
    Estimated Time per Response: 0.05 hours-1.80 hours.
    Frequency of Response: Recordkeeping requirement, on occasion 
reporting requirement and periodic reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 154, 
155, 158, 161, 301, 303(r), 308, 309, 310 and 332.
    Estimated Total Annual Burden: 2,957 hours.
    Total Annual Cost: $532,728.
    Needs and Uses: On July 18, 2022, the Commission adopted the 
Partition, Disaggregation and Leasing of Spectrum Report and Order and 
Second Further Notice of Proposed Rulemaking that modifies 
partitioning, disaggregation, and leasing rules to provide specific 
incentives for small carriers and Tribal Nations, and entities in rural 
areas, to voluntarily participate in ECIP (ECIP Report and Order in WT 
Docket No. 19-38, FCC 22-53). The ECIP proceeding is in response to 
Congressional direction in the Making Opportunities for Broadband 
Investment and Limiting Excessive and Needless Obstacles to Wireless 
Act (MOBILE NOW Act) to consider steps to increase the diversity of 
spectrum access and the availability of advanced telecommunications 
services in rural areas. The ECIP will promote greater competition in 
the provision of wireless services, facilitate increased availability 
of advanced wireless services in rural areas, facilitate new 
opportunities for small carriers and Tribal Nations to increase access 
to spectrum, and bring more advanced wireless service including 5G to 
underserved communities.
    In establishing ECIP, the Commission revised its rules to allow 
partition and/or disaggregation assignment applications pursuant to 
Sec.  1.950 or full assignments pursuant to Sec.  1.948, to designate a 
Qualifying Transaction identified in the application as seeking 
consideration under the ECIP. Respondents are also required to select 
the applicable ECIP prong to its Qualifying Transaction, pursuant to 
either Sec.  1.60003 or Sec.  1.60004. Respondents will also certify 
via attachment to FCC Form 603 for the purpose of certifying compliance 
with Sec.  1.60002 of the Commission's rules, which requires simply a 
check box of yes that the applicant selects. This has been approved by 
non-substantive change request.

    OMB Control Number: 3060-1058.
    OMB Approval Date: January 18, 2024.
    OMB Expiration Date: January 31, 2027.
    Title: FCC Application or Notification for Spectrum Leasing 
Arrangement or Private Commons Arrangement; Wireless Telecommunications 
Bureau; Public Safety and Homeland Security Bureau.
    Form Number: FCC Form 608.
    Respondents: Individual and households, Business or other for-
profit entities, state, local, or tribal government, and not for profit 
institutions.
    Estimated Number of Respondents and Responses: 1,116 respondents 
and 1,116 responses.
    Estimated Time per Response: 0.05 to 1 hour.
    Frequency of Response: Recordkeeping requirement; third party 
disclosure requirement, on occasion reporting requirement and periodic 
reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 154, 155, 158, 161, 301, 303(r), 308, 309, 310 and 332.
    Estimated Total Annual Burden: 1,135 hours.
    Total Annual Cost: $1,443,825.
    Needs and Uses: On July 18, 2022, the Commission released a Report 
and Order and Second Further Notice of Proposed Rulemaking, 
Partitioning, Disaggregation, and Leasing of Spectrum, WT Docket No. 
19-38, FCC 22-53, in which the Commission established the Enhanced 
Competition Incentive Program (ECIP) to establish incentives for 
wireless radio service licensees to make underutilized spectrum 
available to small carriers, Tribal Nations, and entities serving rural 
areas (ECIP Report and Order in WT Docket No. 19-38, FCC 22-53). In the 
Report and Order, the Commission adopted a program under which any 
covered geographic area licensee may offer spectrum to an unaffiliated 
eligible entity through a partition and/or disaggregation, and any 
covered geographic area licensee eligible to lease in an included 
service may offer spectrum to an unaffiliated eligible entity through a 
long-term leasing arrangement. If the FCC finds that approval of an 
ECIP eligible assignment or lease is in the public interest, the agency 
will consent to the transaction and confer benefits, including five-
year license term extensions, one year construction extensions, and 
substituted alternative construction requirements for rural-focused 
transactions.

[[Page 11745]]

    In establishing the ECIP, the Commission requires applicants 
seeking to participate in the program to submit certain information 
that shows the transaction qualifies for ECIP inclusion. The Commission 
found that the ECIP builds on Congressional goals in the MOBILE NOW Act 
to incentivize beneficial transactions in the public interest that will 
promote greater competition in the provision of wireless services, 
facilitate increased availability of advanced wireless services in 
rural areas, facilitate new opportunities for small carriers and Tribal 
Nations to increase access to spectrum, and bring more advanced 
wireless service including 5G to underserved communities. Specifically, 
in the ECIP Report and Order, the Commission revised its rules to allow 
any covered geographic licenses in included services to be leased to 
eligible entities through a long-term leasing arrangement.
    Specifically, in the ECIP Report and Order, the Commission revised 
its rules to allow any covered geographic licenses in included services 
to be leased to eligible entities through a long-term leasing 
arrangement, to designate a Qualifying Transaction identified in the 
application as seeking consideration under the ECIP. Two new questions 
are being added to the FCC Form 608 as a result. Respondents are 
required to indicate by yes or no answer whether the application is 
seeking consideration under ECIP. Respondents are also required to 
select the applicable ECIP prong to its Qualifying Transaction, 
pursuant to either Sec.  1.60003 or Sec.  1.60004. A certification is 
also included via attachment to FCC Form 608 for the purpose of 
certifying compliance with Sec.  1.60002 of the Commission's rules, 
which requires simply a check box of yes by the applicant. This has 
been approved by non-substantive change request.
    Finally, a new Schedule J is being added to FCC Form 608 and will 
be used by Spectrum Manager Lessors (i.e., the Licensee) to file either 
the Initial Operation Requirement Notifications (IORN) or the Final 
Operation Requirement Notifications (FORN), as required by 47 CFR 
1.60004, 1.60006, on behalf of the Lessee.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-02864 Filed 2-14-24; 8:45 am]
BILLING CODE 6712-01-P